[HISTORY: Adopted by the Common Council of the City of Port Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 10.09 and 10.25 of the 1984 Code]
The following terms shall have the meanings indicated:
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
NEWSPRINT
A common and inexpensive machine-finished paper made chiefly from wood pulp and used mostly for newspapers.
PICKUP LOCATION
Unless a different meaning is clearly manifest or as otherwise required by the Director of Public Works, "pickup location" shall mean for each eligible building, complex, dwelling unit, facility or residence a point at the curbline or roadside of the public street whereon the building, complex, dwelling unit, facility or residence from which collection is being made fronts.
RECYCLABLE MATERIALS
Those materials defined in § 362-9 of Article II of this chapter.
REFUSE
All putrescible and nonputrescible solid wastes (except bodily wastes), including garbage, rubbish, dead animals and solid commercial and industrial wastes. "Refuse" as defined herein shall include recyclable materials, provided that such materials are separated, cleaned, stored, managed, prepared, collected and disposed of in accordance with Article II of this chapter.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery and similar materials.
YARD WASTE
Those wastes defined in § 362-9 of Article II of this chapter.
A. 
Except as provided herein, the City shall provide weekly refuse collection, and biweekly collection of recyclable materials, to:
(1) 
The owners and occupants of each single-family and two-family residence within the City, provided that the owners and occupants thereof comply with the terms and conditions set forth in this article and any refuse collection regulations made by the Director of Public Works.
(2) 
The owners and occupants of each commercial, retail, industrial, governmental and institutional facility within the City, provided that such refuse is contained in not more than one two-cubic-yard dumpster, and provided that the owners and occupants thereof comply with the terms and conditions set forth in this article and any refuse collection regulations made by the Director of Public Works.
B. 
Collection of refuse and recyclable materials shall be provided by the City through contract(s) with such contractor(s) as the Common Council may determine.
C. 
All buildings or complexes containing three or more residential dwelling units, and all commercial, retail, industrial, governmental and institutional facilities producing refuse which is not contained in one two-cubic-yard dumpster, shall provide for at least weekly collection and disposal of refuse at the expense of the owner, occupant or entity producing such refuse. The Director of Public Works shall determine if the frequency of collection and method of disposal used by such buildings, complexes, dwelling units or facilities are adequate. The Director of Public Works is authorized to require more frequent collection and/or other methods of disposal if, in his or her opinion following inspection, accumulated refuse is creating or contributing to a public nuisance.
D. 
Refuse originating from sources outside the City of Port Washington shall not be collected.
E. 
Exceptions. This article shall not prohibit:
(1) 
The actual producers of refuse, or the owners or occupants of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, provided that such producers, owners or occupants comply with the provisions of this article and with any other governing laws, ordinances or regulations.
(2) 
Collectors of refuse from outside of the City of Port Washington from hauling such refuse over City streets, provided that such collectors comply with the provisions of this article and with any other governing laws, ordinances or regulations. Authorization for such outside collectors to collect or haul such refuse shall first be obtained from the Director of Public Works.
All refuse accumulated in the City shall be collected, conveyed and disposed of under the supervision of the Director of Public Works. The Director shall have authority to modify existing rules and regulations or make additional reasonable rules and regulations for the administration of refuse collection services of all types performed in the City of Port Washington, including but not limited to the frequency and days of collection, type and location of refuse containers, manner and routes of collection, and such other matters pertaining to the collection, conveying and disposal of refuse as he or she shall determine necessary; provided, however, that such rules and regulations are not contrary to the provisions hereof or inconsistent with the established policies of the Board of Public Works, and provided further that no change in the day(s) of collection shall be made except upon publication of a Class 1 notice in the official newspaper of the City.
A. 
Separation of refuse. Garbage and other rubbish may be combined in containers with the following exceptions:
(1) 
Yard waste shall be separated from other refuse.
(2) 
Recyclable materials, noncombustible items and any other materials prohibited by the Wisconsin Department of Natural Resources from disposal in a licensed sanitary landfill shall be separated from other refuse.
B. 
Preparation of refuse.
(1) 
Garbage shall be thoroughly drained and securely wrapped.
(2) 
Tree trimmings and similar material shall be cut to a length not to exceed five feet. Such material exceeding five feet in length or six inches in diameter shall be considered noncombustible refuse.
(3) 
Recyclable materials shall be prepared in accordance with Article II of this chapter.
C. 
Containers shall be provided by the owner, tenant, lessee or occupant of the premises. Only plastic disposable bag containers of a maximum size of 30 gallons and a maximum weight of 55 pounds per bag shall be authorized for collection purposes. Metal or plastic trash cans, household wastebaskets, cardboard boxes and plastic shopping bags are not approved collection containers. Collection containers shall be placed at the pickup location not earlier than 6:00 p.m. the evening immediately preceding the day of collection. The Director of Public Works may refuse collection services for failure to comply with the refuse separation, preparation, storage, management, collection and/or disposal requirements of this article.
D. 
Storage of refuse. No person shall place any refuse in any street or other public place, or upon any private property, whether or not owned by such person, within the City unless such refuse is in proper containers for collection or with the express approval of the Director of Public Works. Any unauthorized accumulation of refuse on any premises within the City shall be deemed a public nuisance.
A. 
Except as provided in Subsection B hereof, refuse containers, bundles or objects, whether combustible or noncombustible, and newsprint shall be placed at the pickup location between the sidewalk and the curb. If no sidewalk exists, the containers, bundles, objects and newsprint shall be placed no closer than one foot nor farther than five feet from the traveled portion of the public street.
B. 
Exceptions. Notwithstanding Subsection A hereof:
(1) 
In downtown, high-density commercial districts, and in industrial plant site areas, the pickup location for refuse containers shall be as approved by the Director of Public Works or his or her designee.
(2) 
In residential districts, if the occupant is unable to meet the requirements of this section due to physical or mental disability or impairment, the pickup location or refuse containers shall be as approved by the Director of Public Works or his or her designee.
(3) 
Any request for an exception from the regular pickup location shall be submitted in writing to the Director of Public Works. If the request for an exception is denied, the person or entity requesting such exception may, within 10 days of the date of the decision, appeal the decision to the Board of Public Works, which shall determine the matter by simple majority vote, provided a quorum is present. Upon appeal, the Board of Public Works may authorize in specific cases an exception from the terms of this section as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this section will result in practical difficulty or unnecessary hardship, so that the spirit of this section shall be observed, public health, safety and welfare secured, and substantial justice done. In making its determination, the Board of Public Works shall consider whether the proposed exception would result in a pickup location being hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of physical, social or economic effects and may impose such requirements and conditions with respect to pickup location, in addition to any which may be provided for in this section, as the Board of Public Works may deem necessary for the protection of adjacent properties and the public interest, health, safety and welfare. The grounds of every such appeal determination shall be stated.
A. 
Highly inflammable or explosive materials shall be disposed of by the owner or possessor thereof upon notice from the Director of Public Works.
B. 
Large appliances shall have all doors and latches removed during storage for collection.
C. 
Refuse from temporary construction or similar process shall be contained and disposed of by the contractor or, upon failure of the contractor to remove the same, by the property owner.
D. 
All dumpsters and other refuse containers shall be intact, without holes or damage, to prevent the leaking of liquids or spilling of solid or semi-solid refuse. Leaking dumpsters or refuse containers shall be promptly removed or repaired by the property owner or occupant, or by the contractor providing such dumpster or container, at the direction of the Building Inspector or Director of Public Works.
[Added 3-21-2023 by Ord. No. 2023-5]
Any person who shall violate any provision of this article or any rule, regulation or order issued thereunder shall be subject to a penalty as provided in § 1-4 of the Municipal Code of the City of Port Washington.
[Adopted as § 10.10 of the 1984 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The provisions of this article shall be administered by the City of Port Washington Director of Public Works.
For the purposes of this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
LOCAL AUTHORIZED DEALER
A business or individual that is authorized to accept for recycling or other processing any recyclable materials.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI Code No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33) and Ch. 287, Wis. Stats.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:
A. 
Lead acid batteries.
B. 
Major appliances.
C. 
Waste oil.
D. 
Yard waste.
E. 
Aluminum containers.
F. 
Bimetal containers.
G. 
Corrugated paper or other container board.
H. 
Foam polystyrene packaging.
I. 
Glass containers.
J. 
Magazines.
K. 
Newspaper.
L. 
Office paper.
M. 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
N. 
Steel containers.
O. 
Waste tires.
The separation requirements of § 362-10 do not apply to the following:
A. 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 362-10 from solid waste in as pure a form as is technically feasible.
B. 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
C. 
A recyclable material specified in § 362-10E through O for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 362-10 shall be clean and free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
A. 
Lead acid batteries shall be taken to a local authorized dealer accepting this product.
B. 
Major appliances shall be taken to a local authorized dealer accepting this product.
C. 
Waste oil shall be taken to a local authorized dealer accepting this product.
D. 
Yard waste shall be taken to the City garage yard for disposal.
Except as otherwise directed by the Common Council, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 362-10E through O:
A. 
Aluminum containers shall be mixed together with other recyclables in blue recycling bags and placed at curb on the designated collection day.
B. 
Bimetal containers shall be mixed together with other recyclables in blue recycling bags and placed at curb on the designated collection day.
C. 
Corrugated paper or other container board shall be bundled (no larger than eight inches high) and placed at the curb on the designated collection day.
D. 
Foam polystyrene packaging shall be mixed together with other recyclables in blue recycling bags and placed at curb on the designated collection day.
E. 
Glass containers shall be mixed together with other recyclables in a blue recycling bag and placed at the curb on the designated day of collection.
F. 
Magazines shall be bundled or put in a brown grocery bag and placed at the curb on the designated day of collection.
G. 
Newspaper shall be bundled or put in a brown grocery bag and placed at the curb on the designated day of collection.
H. 
Office paper shall be disposed at designated local authorized dealer accepting this product.
I. 
Rigid plastic containers shall be prepared and collected as follows:
(1) 
Plastic containers made of PETE (No. 1) shall be mixed together with other recyclables in a blue recycling bag and placed at the curb on the designated day of collection.
(2) 
Plastic containers made of HDPE (No. 2) shall be mixed together with other recyclables in a blue recycling bag and placed at the curb on the designated day of collection.
(3) 
Plastic containers made of PVC shall be collected as No. 1 and No. 2 plastics unless excluded by the DNR.
(4) 
Plastic containers made of LDPE shall be collected as No. 2 plastics unless excluded by the DNR.
(5) 
Plastic containers made of PP shall be collected as No. 1 and No. 2 plastics unless excluded by the DNR.
(6) 
Plastic containers made of PS shall be collected as No. 1 and No. 2 plastics unless excluded by the DNR.
(7) 
Plastic containers made of other resins or multiple resins shall be collected as No. 1 and No. 2 plastics unless excluded by the DNR.
J. 
Steel containers shall be mixed together with other recyclables in a blue recycling bag and placed at the curb on the designated day of collection.
K. 
Waste tires shall be disposed at designated local authorized dealer accepting this product.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 362-10E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 362-10E through O from solid waste in as pure a form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 362-10E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
(4) 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 362-10E through O from solid waste in as pure a form as is technically feasible.
A. 
For the purpose of ascertaining compliance with the provisions of this article, the Director of Public Works or his or her designee may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to the Director of Public Works or his or her designee who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
B. 
Any person who violates a provision of this article may be issued a citation by the City of Port Washington Police Department to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
C. 
Penalties for violating this article may be assessed as follows:
(1) 
Any person who violates § 362-17 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article except § 362-17 may be required to forfeit not less than $10 nor more than $1,000 for each violation.
All recyclable materials placed at the curb for pickup shall become the property of the City of Port Washington and its recycling contractor(s). The removal of any recyclable materials by any unauthorized person shall be deemed a violation of this article and subject to penalties as set forth herein.