[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as indicated in article histories. Amendments noted where applicable.]
Nuisances — See Ch. 207.
[Adopted 11-18-2014 by Ord. No. 2014-5]
The purpose of this chapter is to promote the public health, safety, prosperity and general welfare of the citizens of the Town of Oconomowoc, to reduce the amount of solid waste and recyclable items which are currently placed in landfills, and to preserve the environment. The purpose of this ordinance is also to promote recycling and resource recovery through the administration of an effective recycling program as provided in Chapter 287 of the Wisconsin Statutes.
The Town Board shall contract for the weekly removal of solid waste and refuse and the bi-weekly removal of recyclables from single-family and four-family dwellings. There is hereby established a fee for the removal of solid waste, refuse and recyclables from single-family and four-family properties. The fee is a special charge pursuant to § 66.0627, Wis. Stats., and is a per-unit charge made by the Town in order to provide the Town with funds with which to compensate the collection contractor who is providing removal by contract, which shall be paid to the contractor monthly by the Town. All special charges for solid waste and recyclables collection and disposal shall be payable in advance and due at the time of the initial payment of real estate taxes for the year of service. The annual charge shall be equal to or slightly more than the collection contractor's charge per dwelling unit. Any residential unit or building for which service is provided and for which a building permit is issued in 2015 and thereafter shall pay a service charge at the time of issuance of an occupancy permit. The sum of 1/12 of the annual service charge, commencing and including the month in which the occupancy permit is applied for or required and for the remaining months in that year, shall be collected as provided herein.
The Town Board shall set the amount of the service charge for residential units annually by resolution and prior Class 1 newspaper notice of the intent to adopt such resolution establishing such amount, except that in any year in which such a resolution is not adopted the charge shall be the same as that of the most recent charge for each residential unit. The special charge for 2015 is $215.
All receipts from this special charge shall be deposited in a special revenue nonlapsing fund titled "solid waste and recyclables collection."
This ordinance is adopted as authorized under § 287.09, Wis. Stats.
Garbage and refuse shall be collected once each week from every residential unit served. Service may be performed on two days each week. When the regular collection days fall on one of the following holidays, such regular collections on the holiday may be omitted and collection shall be made during another day during the week of such holiday. The holidays herein referred to are: New Year's Day, Good Friday, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. Recyclables shall be collected biweekly.
Collectible material: solid waste. The following domestic garbage, rubbish and trash shall be collected:
Garbage. Refuse from animal, vegetable or fruit matter.
Furniture, etc. Furniture, building materials (excluding contractor-generated materials), chairs, sofas, tables, beds, mattresses and similar items.
White goods. Water heaters, water softeners, dishwashers, clothes washers and dryers, stoves, refrigerators and similar items.
Collectible material: recyclables. The following recyclables shall be collected:
Paper: newspaper, including inserts, magazines/catalogs, junk mail (including envelopes), office paper (including computer and copy paper), construction paper, and paperback books/telephone books.
Cardboard: empty cardboard (flattened), wood boxes (cereal, cake mix, frozen food), beverage carriers, paper egg cartons, brown grocery bags, toilet paper and paper tower tubes, tissue boxes.
Glass: bottles and jars.
Cans: metal cans, steel/tin cans, clean foil and pans, empty aerosol cans (not paint or pesticide cans), pots and pans.
Plastic containers: Nos. 1, 2, 4, 5, and 7 (liquids removed, caps on), bottles (water, soda, juice), jugs (detergent, milk, juice, cleaning products, cooking oil), tubs (margarine, sour cream, yogurt), deli, berry and product containers, cups and lids.
Large rigid plastics (remove all metal components): plastic buckets (five-gallon, ice cream, kitty litter), laundry baskets, plastic crates, plastic dish-drying racks.
Cartons (remove caps and straws): juice boxes, soup cartons, milk cartons.
Unacceptable recyclable materials. Ceramics, food, plastic bags, electronics, motor oil bottles, hoses, wires, pipe or tubing, pesticides, Styrofoam, batteries, diapers, yard waste, paint, light bulbs, loose caps and lids, appliances, clothing, compost, furniture, hangers, mirrors, paper plates, takeout packaging and utensils, trash and window glass.
Solid waste. Plastic garbage bags shall be considered approved containers if closed by means of a tie. Approved containers shall weigh not more than 75 pounds when full. Plastic bags shall be of sufficient strength to allow lifting and loading of contents without tearing. Containers shall be kept clean and in a sanitary condition at all times. Garbage and refuse containers shall be of metal or plastic, with tight-fitting covers and suitable handles.
Recycling. For up-the-drive service by the collection contractor, the contractor shall provide plastic containers of thirty-two-gallon size. Extra containers may be provided.
Defective and illegal containers. All containers incapable of continuing to meet the definition of an approved container because of damage, loss of handles or other factors shall be tagged by the collection contractor. The collection contractor will also leave notification of the defects on the premises. Containers not approved consist of metal barrels and drums, wooden or cardboard barrels, wheelbarrows and other such containers not approved by this section. These containers will not be emptied regardless of content or weight.
Time of placement. All receptacles and containers for refuse and rubbish and recyclables shall be placed in collection locations as designated in Subsection H not earlier than 24 hours before the regular collection time. If placed at the curb notwithstanding the fact that up-the-drive service is provided, all receptacles and containers shall be removed within 24 hours after the regular collection time.
Placement of containers. Containers shall be placed within 10 feet of a driveway that is accessible to contractor's collection vehicles. During the snow season, the receptacles shall be kept clear of snow.
Prohibited activities and noncollectibles.
Dead animals. No person shall place any dead animal or parts thereof in a container for collection; provided, however, this section shall not apply to animal parts from food preparation for human consumption.
Garbage or other food waste. No person shall place any garbage or food waste in a container for collection unless it is first drained and wrapped.
Ashes. No person shall place hot ashes for collection. Ashes that are cool and dry may be placed for collection, but only in noncombustible, disposable containers. Ashes shall not be placed in reusable containers for collection.
Improper placement. No person shall deposit, throw or place any garbage, offal, dead animals, combustible refuse or other deleterious matter in any park, lane, alley, street, public grounds or public place within the Town, nor place any garbage, offal, dead animals or other refuse matter upon any private property, whether owned by such person or not, unless the same is enclosed in proper vessels or containers which shall be water-tight and kept so with tightly fitting covers.
No person shall transport or convey into the Town any trash, garbage or recyclable material originating in any other political unit for the purpose of placing it upon another person's property or for the purpose of depositing same in any container for collection, regardless of whether such person has permission from the owner or person in charge of such property or of such trash, garbage or recycling container to deposit trash, garbage or recyclable material therein.
No person shall deposit any trash, garbage or recyclable material in any standard trash/garbage container, recycling container or dumpster-type container within the Town without express permission to make such deposit from the owner or other person lawfully in charge of the container.
No person shall assist, permit or allow any person to deposit any trash, garbage or recyclable material originated in any other political unit outside the Town onto such person's property or into any container for collection by the Town's garbage/trash/recycling contractor.
No person shall deposit any trash, garbage or recyclable material originated on any property within the Town upon another person's property in the Town for collection by the Town's garbage/trash/recycling contractor.
The following material shall not be placed for collection: tires, automotive batteries, waste oil, hazardous or toxic materials as defined in Ch. NR 181, Wis. Adm. Code, commercial or industrial trash, building materials generated by contractors, yard waste or non-collectible items listed in Subsection I above after January 1, 2015.
Title to waste. Title to the refuse and solid waste, including recyclables, placed for collection by the Town shall vest in the Town as soon as it is placed for collection.
Scavenging. No person shall scavenge any solid waste or recyclables.
A recycling policy has been adopted by the Town due to the great public interest in preserving the environment by reducing the amount of refuse sent to landfills. Because of solid waste disposal problems and the potential solution to some of these problems provided by recycling, it is the policy of the Town to require recycling of recyclable materials to the fullest extent possible.
Residential separation. Effective January 1, 2015, all owners or occupants of premises from which garbage and refuse is collected by the Town shall comply with all procedures adopted by the Town for the separation of recyclable materials and shall further utilize the containers designated by the Town. Recyclables need not be separated under the single sort policy adopted by the Town.
Notification required. Owners of multifamily dwellings subject to this section shall notify all tenants on move-in and on a semiannual basis thereafter of Town recycling requirements.
Prohibited recyclable material disposal. No person shall:
Recyclable containers. All recyclables shall be placed in the containers provided by the contractor. Designated recycling containers remain the property of the Town. Containers which are lost, damaged or removed from the property shall be replaced at the expense of $30.
Furniture and building materials (excluding contractor-generated materials), chairs, sofas, tables, beds, mattresses and similar items shall be placed at the curbside for collection. Building materials generated by the occupant shall be placed in containers capable of sustaining the weight of the material. A special charge shall be made for pickup of building material in excess of one cubic yard.
White goods or bulky item pickup must be arranged by the owner or occupant of the property for which collection and disposal service is provided. White goods shall include those items specified in § 255-4B(3). A special charge shall be made for white goods.
Violations relative to recycling. Any person who violates any provision of this chapter relative to recycling shall forfeit not less than $50 nor more than $100 for each violation, provided that the range of forfeiture for the third and subsequent violation of any provision of this section within a twelve-month period shall not be less than $100 nor more than $200 for each violation.
[Added 7-16-2018 by Ord. No. 2018-2]
Yard waste, as defined herein, is not solid waste that is collected by the garbage contractor. Disposal of yard waste does not come within the terms of Chapter 254 and is addressed in this section.
Yard waste is defined as residentially generated leaves, grass clippings, yard and garden debris and brush, including clean, woody vegetative material no greater than six inches in diameter. Yard waste does not include stumps, roots or shrubs with intact root balls.
Yard waste shall be disposed of by residents of the Town of Oconomowoc by hauling it to the yard waste recycling center located at W379 N6968 North Lake Road which shall be open for yard waste disposal only during the months of April to November. Use of the recycling center for yard waste shall be by Town of Oconomowoc residents only.
Permit fee. The Town shall charge a permit fee of $10 per year for use of the yard waste recycling center. The permit shall be displayed in a visible area of the vehicle used to transport yard waste. The Town shall furnish the permits which may be picked up at the Town Hall during business hours. The permit fee is subject to review and change by the Town Board.
Containers. Yard waste shall not be placed in containers. Yard waste shall be disposed of in identified areas of the yard waste recycling center.
Times for disposal. Yard waste shall be disposed of only during the times that the yard waste recycling center is open for public use. No one shall dispose of yard waste by disposing of yard waste in any area not specifically identified.
Permit. An educational period shall be allowed for Town of Oconomowoc users of the yard waste recycling center until the property owner has had an opportunity to be informed and seek a permit. After adoption of this section, one month shall be allowed for public education by way of appropriate notice placed at the site. Permits shall be required after the educational period of one month has passed.
Penalty. Any person who violates any provision of this section shall forfeit not less than $50 or more than $100 for each violation.