[Adopted 4-21-2015 by Ord. No. 2015-03 (§§ 5.01 and 5.15
of the Village Code); amended in its entirety 7-3-2018 by Ord. No. 2018-09]
As used in this article, the following terms will have the following
meanings:
Trimmings from shrubs, trees, and stalks from garden plants
(e.g., rosebush and bamboo). "Brush" does not include tree roots or
root balls.
Miscellaneous waste material of such size as is not normally
collected with garbage, including but not limited to furniture, plumbing
fixtures, manufactured-processed wood or wood by-products (two-by-fours,
landscaping timbers and decking materials), small amounts of concrete
waste, concrete blocks, paving stones, bricks and similar type materials
not exceeding a five-gallon bucket in volume.
[Amended 12-17-2019 by Ord. No.
2019-17]
Includes aluminum containers, corrugated paper and other
containerboard, glass containers, magazines, newspaper, office paper,
rigid plastic containers, including those made of PETE and HDPE, and
steel containers. The items listed as "collectible recyclables" in
this definition may be modified by the Public Works Director in accordance
with the effective date of Wisconsin law or applicable Wisconsin Department
of Natural Resources regulations or variances therefrom. The Public
Works Director shall be responsible for informing the public of all
acceptable collectible recyclables.
Garbage, collectible recyclables, brush, yard waste, and
bulk waste.
Waste resulting from the operation of business enterprises,
including but not limited to offices, stores, taverns, service stations,
restaurants, and similar businesses, excluding hazardous, toxic, noxious
or offensive waste, brush, yard waste, bulk waste, or construction
debris.
All waste resulting from construction or reconstruction of
any building, roadway, sidewalk, or sewer; also, any yard waste or
brush generated by a service contractor.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
A one-way disposable bag made of polyurethane, paper, or
other plastic material with a securing twist tie, consisting of a
minimum of two ply for paper and a minimum of 1 1/2 mils' thickness
for plastic. Whenever the term "disposable bag" or "bag" is used in
this article, such words will mean a disposable bag as herein described.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Residential miscellaneous waste material, excluding recyclables,
including but not limited to discarded material resulting from handling,
processing, storing, or consumption of food which is subject to decomposition,
decay, and putrefaction, contaminated paper (used tissues), wood and
cloth. Garbage shall specifically exclude hazardous, offensive, noxious
or toxic wastes, bulk waste, construction debris, yard waste, and
brush, and it must fit in a garbage container so as to allow the lid
to close.
One ninety-five-gallon cart. Such cart must be obtained from
the Village.
Lawn clippings from mowing capable of decomposition and decaying.
Waste materials or substances which, during normal storage
and handling, may be a potential cause of harm, sickness, or death,
such as explosives, petroleum products, metal or pharmaceutical materials,
corrosive chemicals, poisonous or pathogenic substances, pesticides,
chemicals, radioactive materials, toxic materials, and all other similar
harmful substances, whether in solid, liquid or gaseous form.
High-density polyethylene, labeled by the SPI Code No. 2.
Brown County Health Department.
Waste that contains pathogens with sufficient virulence and
in sufficient quantity that exposure of a susceptible human or animal
to the waste could cause the human or animal to contract an infectious
disease.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or a commercial air conditioner, clothes dryer,
clothes washer, dishwasher, electronics (such as computers, desktop
printers, fax/copier machines, televisions, computer monitors, DVD
players, VCRs, and cell phones), freezer, microwave oven, oven, refrigerator,
stove, furnace, boiler, dehumidifier, gas and charcoal grills, water
heater and exercise equipment.
[Amended 12-17-2019 by Ord. No.
2019-17]
Waste resulting from manufacturing processes or operations,
excluding hazardous, offensive, toxic or noxious waste, bulk waste,
yard waster brush, and construction debris.
Any container, package or material that contains infectious
waste or that is from a treatment area and is mixed with infectious
waste.
Any metal not conforming to the definition of collectible
recyclables.
[Added 12-17-2019 by Ord. No.
2019-17]
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
Those wastes that are unwholesome, have an unpleasant smell,
or are otherwise noxious and/or offensive, such as manure, filth,
slop, carcasses, carrion meat, fish, entrails, hides and hide scrapings,
paint, kerosene, oil or greasy substances, and objects that may cause
injury to any person or animal, or damage to vehicles, such as barbed
wire, briar thorns, and similar materials.
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.
Plastic resins labeled by the SPI Code No. 7.
Any person producing any type of waste material covered by
the regulations of this article, typically a resident. In the case
of a firm or corporation, the word "patron" will be construed to mean
the principal agent, officer or employee responsible for the firm
or corporation.
Any individual, corporation, partnership, association, local
governmental unit as defined in § 66.0131(1)(a), Wis. Stats.,
state agency or authority, or federal agency.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
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.
Waste other than 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,
and high-volume industrial waste as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Lead acid batteries, major appliances, waste oil, yard waste,
and collectible recyclables as defined herein.
A sixty-five-gallon or ninety-five-gallon cart authorized
for use in disposing of collectible recyclables. Such carts must be
obtained from the Village to be utilized for collectible recyclables.
Any needle or other device used for the administering and/or
transfer of any medicine, drug, solution or substance for the medical
treatment of any disease or condition of any human or animal, and
any scalpel, knife, tool or appliance used for the treatment, correction
or modification of any disease, condition or physical state of any
human or animal, where exposure to such thing in an uncontained or
unprotected state could subject a human or animal to a needle stick,
cut, laceration or other type wound, or to contact with any blood
or other bodily fluid of another, or any bacteria, virus, or any other
infectious, toxic or hazardous substance.
A red container for sharps, of a type of construction that
will reasonably resist penetration of sharps, and which has been generally
approved for such a medical use, and which is labeled as containing
sharps and, if appropriate, infectious waste and/or biohazard substances.
Throughfare open to the use of the public for the purpose
of pedestrian or vehicular travel. Width of right-of-way extends from
lot line to lot line and includes terrace, paved roadway, and in some
cases sidewalk.
[Added 12-17-2019 by Ord. No.
2019-17]
 |
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
All materials originating in the yard and garden which are
capable of natural decomposition, including leaves and other vegetation,
exclusive of: brush as described herein, stumps, tree roots, and root
balls.
[Amended 12-17-2019 by Ord. No. 2019-17]
A.
Residential garbage collection. Normal accumulation of garbage from
residential patrons will be collected by the Village once each week.
Patrons must use a garbage cart as provided by or purchased from the
Village. Refer to the Village website for the map showing collection
days.
B.
Residential recycling collection. Normal accumulations of collectible
recyclables from residential patrons will be collected by the Village
as a single stream (commingled and recyclables) pursuant to the published
Village collection schedule.
C.
Bulk waste regular collection week. The Village will designate the first full week (no holiday) of most months for collecting bulk waste. During this week the Village will collect up to two cubic yards (a pile three feet by three feet by six feet) of rubbish, bulk waste and brown goods without charge. The term "brown goods" means furniture, mattresses, etc. Refer to the Village bulk waste collection schedule for the scheduled collection weeks. Bulk waste shall be placed behind the curb for collection on the normal garbage collection day. Additional waste over two cubic yards placed behind the curb during the bulk waste collection week will be picked up at an additional charge per cubic yard as determined by the Village (refer to Chapter 225, Fees and Charges).
D.
Bulk waste noncollection week. A patron may request bulk waste collection during a noncollection week, such as a renter move-out, but collection is subject to the pickup charges as defined in Chapter 225, Fees and Charges, of the Village Code. The patron must call the Village Hall to schedule the pickup and pay the appropriate fee per Chapter 225. If a patron places bulk waste behind the curb during a noncollection week and does not schedule and pay for a collection by the Public Works Department, a notice will be issued to the property owner to remove the bulk waste. If the bulk waste is not removed within 48 hours after the date of notice, the Village will pick up the items and the property owner will be charged according to Chapter 225 of the Village Code.
E.
Major appliances. Major appliances are not picked up by the Public
Works Department. With exception of electronics, appliances can be
taken to the Brown County Solid Waste Transfer Station (3734 W. Mason
Street). As it is illegal to dispose of electronics in landfills,
these devices can be taken to a licensed recycler or the Brown County
hazardous waste facility.
F.
Commercial or manufacturing sources. Normal accumulations of garbage
from commercial or manufacturing concerns shall be collected weekly
by commercial hauler(s).
G.
Brush. Brush will be collected most months during the second full week, except during spring and fall cleanup. Refer to the bulk waste/brush collection schedule for exact collection schedules. Brush and tree limbs removed by a contractor from private property will not be picked up by the Public Works Department but must be disposed of by the contractor. If a patron places brush behind the curb during a noncollection week, a notice will be issued to the property owner to remove brush from the street right-of-way as described earlier under definitions (§ 432-1). If the brush is not removed within 48 hours after the date of notice, the Village will pick up the brush and the property owner will be charged according to Chapter 225 of the Village Code.
H.
Yard waste. Yard waste will be collected curbside during the spring
and fall collection period designated by the Public Works Department
(refer to the published bulk waste schedule). No bags or reusable
containers may be used. No green grass will be collected. Yard waste
may not be disposed of with garbage or collectible recyclables, bulk
waste, or brush. Persons transporting yard waste shall be responsible
to cover or otherwise contain yard waste in a manner so as to prevent
scattering of yard waste during transport.
I.
Construction debris. Construction debris shall not be picked up by
the Public Works Department. It shall be the responsibility of the
patron and/or contractor to dispose of construction debris as provided
by law.
J.
Nonconforming collectible recyclable metal items are not picked up
by the Public Works Department and shall be taken to a licensed recycler
or the Brown County Solid Waste Transfer Station.
A.
Owner-occupant storage responsibility. The patron and/or occupant
of a premises shall be responsible for the proper and sanitary storage
of all collectible waste accumulated at the premises until collection.
The owner and/or occupant shall be responsible for the proper sanitary
storage of all other waste material and for its disposal according
to law.
B.
Storage/location of collectible waste. No owner or occupant of any
building shall place or store any refuse recycling cart in front of
any building, or on any corner lot along the side of a building facing
the abutting street, except when done for lawful collection in compliance
with this Code. When between collections, refuse and recycling carts
shall be placed in an area completely screened from view at the public
right-of-way.
A.
Location of containers for collection.
(1)
Residential.
(a)
Residential garbage and collectible recyclables from buildings
containing not more than four residential dwelling units will be prepared
and placed for collection.
(b)
Placement location. Containers shall be placed on the driveway
apron or on the grassy area immediately adjacent to the curb. Containers
shall be placed with the opening facing the street or curb.
(2)
Multifamily.
(a)
Residential garbage from buildings containing five or more residential
dwelling units will be prepared and placed for collection.
(b)
Placement location. Containers shall be placed on the driveway
apron or on the grassy area immediately adjacent to the curb. Containers
shall be placed with the opening facing the street or curb.
(3)
Location of containers in winter. During winter months, garbage and/or
collectible recyclables shall be placed in the driveway apron or on
an area adjacent to the curbline which has been shoveled free of snow.
In cases where the Public Works Director determines that collection
would be best facilitated by allowing property owners to place garbage
at some other accessible points, this provision of this article may
be waived by the Village.
B.
Placement of garbage for collection. All garbage placed curbside
for collection shall be in carts approved under this article. Reusable
carts which do not constitute approved carts shall not be placed for
collection and shall not be emptied by Village personnel.
(1)
Residential garbage. Residential garbage must be placed in the cart.
Before placing any garbage in the cart for collection, each patron
shall place it in a garbage bag. It shall be the responsibility of
each patron to keep the garbage relatively free from rainwater and
snow until collection.
(2)
Commercial and manufacturing garbage. Commercial and manufacturing
garbage shall be properly placed for collection and disposed of by
a licensed private hauler.
(3)
Enclosures (commercial). The Public Works Director shall have the
authority to order that any exterior storage area for garbage, recyclables,
or refuse be enclosed in a structure if, in his or her determination,
the storage of such garbage, recyclables, or refuse is unsanitary
or creates or tends to create a nuisance or a detriment to public
health or safety. In determining whether an exterior storage structure
shall be required under this section, the Public Works Director shall
take into account the location of the waste storage, its proximity
to residential areas, the likelihood of human exposure or contact
with the waste storage areas, and the type of waste being stored.
These considerations are to be deemed illustrative and not exclusive.
All structures ordered under this section shall be at least three-sided
and constructed of materials sufficiently opaque to ensure that the
waste is impervious to view from the exterior of the sides. The walls
of the structure shall be of a height which is at least one foot taller
than the garbage or refuse receptacle, but not over six feet high,
and shall be painted or otherwise finished or coated.
C.
Collection of recyclables. Collectible recyclables shall be separated
from garbage and other collectible waste and placed for collection
in conformity with this subsection.
(1)
Residential collectible recyclables. Occupants of residences containing not more than four dwelling units and occupants of condominiums shall separate collectible recyclables from garbage and other waste and shall keep the collectible recyclables clean and free of contaminants, oil, grease, and other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in carts provided by the Village, with paper, glass, cans, and plastics in a single blue cart, and shall be placed curbside for collection as provided at Subsection A above.
(2)
Multifamily dwellings and nonresidential facilities and properties.
(a)
Owners or designated agents of multifamily dwellings and of
nonresidential facilities and properties shall be responsible to:
[1]
Provide adequate containers for recyclable materials and a storage
area completely screened from public view.
[2]
Notify tenants, in writing, at the time of renting or leasing
the dwelling or facility, and at least semiannually thereafter, about
the established recycling programs.
[3]
Provide for the collection of materials separated from the waste
and the delivery of the materials to a recycling material facility.
[4]
Notify tenants of the reasons to reduce and recycle waste, which
materials will be collected, how to prepare the materials in order
to meet the processing requirements, the collection methods or sites,
the locations and hours of operation, and a contact person or company,
including the name, address, and telephone number.
[5]
Recyclables shall be disposed of by a licensed private hauler.
(3)
Collection time. All garbage, collectible recyclables, and other
collectible waste shall be placed for collection as required by this
article no sooner than 6:00 p.m. the day before collection and no
later than 6:00 a.m. on the designated collection day. Any garbage
cart, waste, or other item which is not collected in accordance with
applicable provisions of this article shall be removed from curbside
not later than 12:00 midnight the day of collection and stored completely
screened from public view.
[Amended 12-17-2019 by Ord. No.
2019-17]
A.
Brush and yard waste. Brush and yard waste shall be placed in stacks
behind and aligned parallel to the curb and shall not obstruct the
street, gutter or sidewalk. In areas where the sidewalks is adjacent
to the curb, brush and yard waste shall be placed behind the sidewalk
in stacks aligned parallel to the sidewalk, in such a manner as to
not interfere with pedestrian use of the sidewalk. Brush shall be
placed four feet away from any structure in piles no larger than eight
feet long by six feet deep. Brush cut by contractors will not be collected
by the Village.
B.
Bulk waste. Bulk waste shall be placed behind the curb in such a
manner so as to provide the greatest ease of loading and collection
into a truck. In areas where the sidewalk is adjacent to the curb,
bulk waste shall be placed behind the sidewalk in a manner as to not
interfere with pedestrian use of the sidewalk. All bulk waste shall
be free of jagged or sharp edges, protruding nails and screws, and
any other hazardous condition. Bulky material, such as wooden boxes
and lumber, shall be broken up so it can be reasonably handled and
loaded by an end loader into the collection truck.
The owner and/or occupant of any premises shall be responsible
for the proper disposal of lead batteries, waste oil, and used tires
as follows:
A.
Lead acid batteries shall be taken to a retailer of lead acid batteries
for disposal.
B.
Waste oil shall be disposed of at a state-approved disposal site
or at the Village waste oil collection facility on LeBrun Street.
C.
Waste tires shall be returned to a tire retailer or taken to the
Brown County waste transfer facility.
A.
Disposal at the direction of the Public Works Director. All waste,
whether collected by the Village pursuant to this article or collected
privately, shall be disposed of as directed by the Public Works Director
or as otherwise provided by law. Waste shall not be buried on any
premises within the Village, and no person shall burn waste outdoors
at any time within the Village limits.
B.
Waste on public streets. It shall be unlawful for any patron or person
to deposit, throw, place, or leave any waste in, on or upon any street,
court, lane, alley, business, public enclosure, vacant lot, house,
yard, body of water, or any other place except those places provided
in this article for collection purposes. No person shall remove any
waste from private premises without the consent of the occupant, owner,
or lessee of the premises, and no person shall remove any waste which
has been set out for collection unless authorized to do so.
C.
Disruption of collectible waste placed for collection unlawful. Except
upon the direction of the Public Works Director, no person shall upset
or open any cart, or upset or remove the cover of any cart, placed
in the manner provided for by this article for waste collection, or
otherwise remove the contents of any such receptacle in, on or upon
any street, alley, or other public place.
D.
Prohibitions on disposable recyclable materials separated for recycling.
No person may dispose of in a waste disposal facility or burn in a
waste treatment facility any collectible recyclables which have been
separated for recycling.
A.
Noxious and/or offensive waste shall not be placed for collection
by the municipal collection service. It is the responsibility of the
owner to dispose of the waste in a sanitary manner.
B.
Disposal of droppings from pets may be placed in the garbage cart
if double-bagged.
C.
Cinders and ashes. Cinders, ashes, and any smoldering embers shall
not be placed for collection.
D.
Disposal of infectious material. The removal of apparel, bedding,
infectious waste, medical waste, or other refuse from homes or places
where highly infectious or contagious diseases have prevailed shall
be performed only under the supervision and direction of the County
Health Officer. Such waste shall not be placed curbside for collection
with normal garbage or collectible recyclables.
E.
Hazardous and/or toxic waste. Placing or depositing any hazardous
or toxic waste, including, without limitation, explosive materials
such as dynamite, dynamite caps, shotgun shells, rifle cartridges,
gunpowder, gasoline, or other similar material, in any disposable
bag, garbage can, recyclable box or bundle for collection is prohibited.
F.
Disposal of sharps. Sharps shall be handled as infectious material
and shall not be placed curbside for collection with normal garbage
or collectible recyclables. Sharps shall be placed in a sealed sharps
container and taken by the owner or custodian to a registered sharps
collection station for disposal.
G.
Questions concerning disposal. When any patron is in doubt as to
proper preparation, handling, and disposal of any type of waste, he/she
shall contact the Public Works Director for information concerning
handling and disposal.
A.
Accumulation of waste. In the event that the owner, occupant, or
lessee of any premises shall neglect or refuse to clean up and/or
remove from the premises any waste as defined herein when ordered
to do so by the Health Officer, he, she or it shall be liable for
the penalty provided for violation of this article. Should the accumulation
occur on any street, alley, or public thoroughfare, the waste may
be collected by the Public Works Director or his/her designee and
the entire cost thereof assessed against the abutting property.
B.
Enforcement of maximum volume limits. All new commercial and/or manufacturing
units may receive municipal waste collection under the provisions
of this article if their waste volumes are below the maximum allowable
for collection as provided herein. If it is determined at any time
that the patron exceeds the maximum volume limit for four consecutive
weeks, the Public Works Director may issue a written notice providing
that municipal collection services will be terminated at the end of
60 days from the date of the notice.
C.
Failure to comply. The Public Works Director may refuse to furnish
collection service to any person, firm or corporation not complying
or refusing to comply with this article, the rules and regulations
made by the Village Board, or any other orders of the Public Works
Director or Health Officer for the collection or disposal of wastes.
D.
Prosecution. When services for the collection of waste have been
withdrawn by the Public Works Director from any person, firm or corporation
for failure to comply with such rules and regulations, resulting in
the accumulation of garbage or other wastes on his, her or its premises,
which is offensive or a public nuisance, that person, firm or corporation
may be prosecuted under any ordinance of the Village regulating the
same.
A.
Enforcement by Public Works Department. For the purpose of ascertaining
compliance with the provisions of this article in regard to recyclables,
any authorized officer, employee, or representative of the Public
Works Department may inspect recyclable materials separated for recycling,
recycling collection sites and facilities, collection vehicles, collection
areas of multiple-family dwellings, and nonresidential facilities
and properties. Any records relating to recycling activities may be
kept confidential if necessary to protect proprietary information.
No person, firm or corporation shall refuse access to any authorized
officer, employee, or authorized representative of the Public Works
Department who requests access for purposes of inspection and who
presents appropriate credentials. No person, firm or corporation shall
obstruct, hamper, or interfere with any such inspection.
B.
Enforcement not exclusive. The issuance of a citation for a violation
of this article shall not preclude proceeding under any other ordinance
or law relating to the same matter. Proceeding under any other ordinance
or law relating to the same matter shall not preclude the issuance
of a citation under this article. Each twenty-four-hour period of
violation, disobedience, omission, neglect, or refusal to obey this
article or any order made in accordance herewith shall be deemed a
separate offense.
Any ordinance in conflict herewith is hereby repealed to the
extent that the same is in conflict. This article establishes minimum
requirements and shall not be deemed as a limitation or repeal of
any other power granted by the Wisconsin Statutes. It is the intent
of the Village Board, where any requirements of this article may be
inconsistent or conflicting with more restrictive requirements of
state law, that the more restrictive requirements or interpretations
shall apply. Where a provision of this article is required by the
Wisconsin Statutes or by a standard in Chapter NR 544 of the Wisconsin
Administrative Code, or wherever this article is unclear, the provisions
hereof shall be interpreted in light of the Wisconsin Statutes and
Chapter NR 544 standards which were in effect on the date of adoption
of this article or in effect on the date of the most recent text amendment
to this article.
Any person, firm or corporation violating any provision of this
article, upon conviction, shall forfeit not less than $100 nor more
than $500 and pay the costs of prosecution, or, in the event of failure
to pay such forfeiture and costs within the time set by the court,
any such person shall be committed to the Brown County jail until
such forfeiture and costs are paid, but every such commitment shall
be for a definite term which shall not exceed 90 days. Each act of
violation shall constitute a separate offense.
