[HISTORY: Adopted by the Village Board of the Village of Fox Crossing as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-2020 by Ord. No. 200713-1[1]]
[1]
Editor's Note: This article derives from Ch. 10 of the former Municipal Code, adopted 6-8-2009.
A. 
The purpose of this article is to establish regulations for the disposal of solid waste in the Village of Fox Crossing and to comply with mandatory recycling legislation and implementing regulations enacted by the State of Wisconsin, including Ch. 287, Wis. Stats., as may be amended from time to time.
B. 
In concurrence with this article, the Village of Fox Crossing has established specific rules and guidelines regarding solid waste disposal in the Village of Fox Crossing Solid Waste Collection Policy (policy).
C. 
To the extent permitted by law, this article is intended to serve as a municipal waste flow control ordinance in conjunction with program activities of Winnebago County and its Solid Waste Management Board and the State of Wisconsin. This article may be amended from time to time as determined by the Village Board.
The following definitions shall apply:
COMMINGLED RECYCLABLES
All recyclable waste placed in one cart.
CURBSIDE COLLECTION
The collection of solid waste, recyclable waste and yard waste at the curb, roadside or alley.
EXEMPT UNIT
A multiple-family residential dwelling of five units or more or any licensed mobile home park that has been approved by the Village Board for an exemption from Village refuse hauling.
HAZARDOUS WASTE
Waste which may pose a substantial hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
OVERSIZE ITEMS
Solid waste items that will not fit within the garbage or recyclables cart as specified in the policy.
SINGLE STREAM RECYCLING
The collection of all commingled recyclable materials.
SOLID WASTE
All garbage, rubbish, recyclable material, yard waste and all other discarded or salvageable solid materials.
VILLAGE
The Village of Fox Crossing and/or its designated agent.
YARD WASTE
Leaves, yard and garden debris, twigs, sticks, stumps, roots or shrubs with intact root balls, including clean woody vegetative material.
A. 
The Village of Fox Crossing has established a policy as may be amended from time to time. Said policy shall be made available by contacting the Street Department or Village Clerk or visiting the Village's website.
B. 
If solid waste is not prepared according to the provisions of this article and as outlined in the policy, the hauler shall place a violation tag on these carts and collection will occur on the resident's next scheduled collection day once the condition is remedied and in compliance with this article and the policy.
(1) 
Commercial/industrial waste and construction/demolition waste. This waste shall be collected by private contract of the owner in such manner and frequency as needed to protect the public safety and welfare of the Village of Fox Crossing, but not less than weekly.
(2) 
Domestic waste. Domestic waste (garbage) shall be collected by the Village from all residences on a weekly basis, provided such waste is properly handled, prepared, contained, stored and located in conformance with this article and the policy.
(3) 
Special pickup items. White goods with and without refrigerants, microwave ovens, furniture, automobile tires and other items shall be collected curbside only after special arrangements have been made by the resident with the Village refuse hauling contractor. Separate charges will apply.
(4) 
Lead acid batteries. There shall be no collection and/or disposal of lead acid batteries by the Village of Fox Crossing.
(5) 
Recyclable waste. Recyclable waste shall be collected on a biweekly basis on the same day that domestic waste is collected. Acceptable recyclable waste is listed in the policy.
(6) 
Waste oil. Disposal of acceptable waste oil shall be permitted for Village residents only at the Village-designated collection site as referenced in the policy.
(7) 
Yard waste.
(a) 
Yard waste collection shall be from all nonexempt residential units in the Village of Fox Crossing. Any exempt unit or business which produces yard waste shall be responsible for the proper disposal of the yard waste in conformity with this article.
(b) 
Yard waste shall be collected as set forth in the policy. Grass clippings shall not be collected.
(c) 
The Village of Fox Crossing Street Department shall administer a separate chipping program and policy for the collection of branches and brush up to six inches in diameter. The policy will be established by the Street Superintendent on an annual basis and shall have the full force and effect as provided by this article. This policy entitled, "Tree and Brush Chipping Program and Policy" shall be posted annually in the Village's newsletter as well as posted on the Village's website.
(d) 
Disposal or dumping of yard waste on any public premises or road right-of-way or upon any private lands not in compliance with this article or the policy is hereby prohibited and subject to the penalties of this article.
Backyard composting of yard wastes is encouraged. However, such an activity must be operated to prevent a nuisance condition, unsightly mess or an environmental or health hazard. General guidelines published by the Wisconsin Department of Natural Resources shall be followed. No dairy products, meat, fish, fat, oils, bones or animal wastes shall be composted.
A. 
Anti-scavenging. It shall be unlawful for any person other than authorized Village employees or persons having written authorization by the Village Manager to go through, sort or take anything from any solid waste or recyclables that have been set out in bags, cans, or other approved containers for the purpose of being picked up by Village's refuse/recycling hauler.
B. 
Dumping. No person, firm or corporation owning land, leasing it or having any interest therein whatsoever which is located in the Village of Fox Crossing shall dump or allow to be dumped any solid waste material (excluding animal waste used as a fertilizer) or waste liquids of any kind on his/her property or on any property which is located in the Village of Fox Crossing, unless express permission has been granted by the owner, in writing, and when the dumping complies with all federal, state and local restrictions.
C. 
Village landfill. No individual, person, firm, or corporation shall use or dispose of any solid waste or yard waste materials in the former Village of Fox Crossing landfill site.
D. 
Littering prohibited. No person shall throw, place, distribute or deposit any solid waste or yard waste in any street, alley, public place, or private property within the limits of the Village of Fox Crossing, Winnebago County, Wisconsin, except in proper containers for disposal and collection as described herein.
E. 
Load limitations. No person shall operate a vehicle on a Village road or other road in the Village of Fox Crossing unless such vehicle is so constructed, loaded and covered or secured as to prevent its contents from dropping, shifting, leaking or otherwise escaping.
F. 
Nonresident refuse disposal. No person residing outside the Village limits shall bring into the Village for disposal or collection any solid waste, yard waste, waste oil, tires, oversized items, as defined herein, or any banned landfill materials.
G. 
Nuisance. No person shall permit any solid waste, recyclable waste, yard waste or other substance tending to create a nuisance to be thrown out or distributed on or about their premises, including adjacent property, streets, alleys, lakes or streams within the Village. When it has been determined that a property owner's or resident's solid waste or other substance becomes a nuisance to adjoining property owners, including Village streets, by being scattered, the Director of Community Development, or his/her designee, shall require the owner of the facility to provide an adequate enclosure, including fencing, to prevent solid waste or other substances from being blown or scattered to adjoining properties and the Village streets.
H. 
Private dump site. No private dump site shall be allowed in the Village of Fox Crossing.
I. 
Recyclable materials separated for recycling. No person may dispose of in a solid waste disposal facility or burn in a solid waste facility any of the materials defined in the policy as "recyclable waste" which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
J. 
Municipal dumpsters. It shall be unlawful for any person other than authorized Village employees or persons having written authorization by the Village Manager, or his/her designated employee, to dump any solid waste material or waste liquids of any kind into dumpsters located at Village of Fox Crossing municipal facilities, to include but not limited to, the Municipal Complex, Community Center, fire stations, utility office, water plants, lift stations, wastewater department shop, and parks.
[Added 5-23-2022 by Ord. No. 220509-2]
A. 
Multiple-family residential units of five units or more and licensed mobile home parks may be exempted from the Village assessment for refuse hauling service.
B. 
For any multiple-family residential dwelling of five units or more or any licensed mobile home park that is seeking to become exempt from Village refuse hauling, the exemption from service must be applied for on or before November 1 for the exemption to become applicable for the following year. The granting of the exemption shall be done solely by the Village Board and shall be at the discretion of the Village Board.
(1) 
Multiple-family dwellings of five units or more shall be considered for exemption if they meet the following criteria:
(a) 
There are five units or more contained within a single structure, or a structure in which five units or more are permanently attached to each other.
(b) 
The person, partnership or corporation applying for the exemption owns all of the units within the structure, or in the alternative, all of the owners of all of the units within the structure apply for the exemption as a single entity.
(2) 
Mobile homes located in mobile home parks licensed by the Village may be considered for exemption if they meet the following criteria:
(a) 
The person, partnership or corporation holding the mobile home park license applies for the exemption.
(b) 
The owners of all of the mobile home units agree that all of the mobile home units located within the park are to be exempted from the collection service.
C. 
The Village Board reserves the right to revoke the exemption when, in its discretion, a person or persons being granted the exemption have failed to properly manage and supervise the proper collection of refuse from the exempt unit, or for any other reason the Village Board deems appropriate.
D. 
Any and all exempt units shall continue to be exempt each year, unless revoked by the Village Board, and these exempt units shall not be required to reapply for exemption each year.
All units which are exempt from solid waste and recycling collection and disposal must comply with the regulations set forth in this article. Exempt units must contract independently for the collection and disposal of their solid waste, recyclables, yard waste and other waste.
Owners or designated agents of multiple-family dwellings and/or nonresidential facilities and properties shall do all of the following to recycle the materials defined in the policy as recyclable waste:
A. 
Provide adequate, separate carts for the recyclable waste.
B. 
Provide for the collection of the recyclable materials.
C. 
Notify, in writing, at least semiannually, all users, tenants, and occupants of the properties about the established recycling program.
D. 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected and how to prepare materials in order to meet the collection requirements.
A. 
A separate designated accounting fund will be established for solid waste purposes.
B. 
The charges for refuse collection shall be determined annually on a per-dwelling-unit basis by the Village Board, based on anticipated costs and revenues for the following year.
C. 
Payment for the regular collection of solid waste shall be placed on each year's tax roll.
D. 
Other solid waste revenues will be collected when incurred.
E. 
Newly constructed dwelling units or any new residential customers of solid waste collection services shall be invoiced on a prorated basis using the per-dwelling-unit fee for the balance of the calendar year for which service is to be rendered, after which the provisions stated above shall apply.
F. 
The service start date will be the date a certificate of use and occupancy is issued by the Building Official.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Fox Crossing may inspect recyclable waste 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 any authorized officer, employee, or authorized representative of the Village of Fox Crossing who requests access for purposes of inspection and who presents credentials. No person may in any way interfere with such an inspection.
B. 
Any person who violates a provision of this article will be issued a citation by a Village of Fox Crossing police officer. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same incident. Proceeding under any other ordinance or law relating to the same incident shall not preclude the issuance of a citation under this subsection.
C. 
Each violation and each day a violation continues or occurs shall constitute a separate offense. Penalties for violating this article shall be as follows:
(1) 
Any person, firm, corporation or any other entity who shall violate any provision of § 372-3 shall, upon conviction thereof, be subject to a forfeiture set forth in Chapter A450, Fines and Penalties, reference this Code section, and as follows:
(a) 
First violation: penalty, together with the cost of prosecution.
(b) 
Second violation: penalty, together with the cost of prosecution.
(c) 
Third or subsequent violation: penalty, together with the cost of prosecution.
(d) 
In default of any forfeiture amount described above, the person in default shall be imprisoned in the county jail until said forfeiture and costs are paid, but not exceeding 90 days.
(2) 
Any person, firm, corporation or entity who violates any other provision of this article (excluding § 372-3) shall, upon conviction thereof, forfeit an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, for each violation, together with the cost of prosecution, and, in default of payment thereof, shall be imprisoned in the county jail until said forfeiture and costs are paid, but not exceeding 90 days.
If any provision of this article is invalid or unconstitutional, or if the application of this article to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or application of this article, which can be given effect without the invalid or unconstitutional provision or its application.
[Adopted 7-13-2020 by Ord. No. 200713-1[1]]
[1]
Editor's Note: This article derives from Ch. 24 of the former Municipal Code, amended 9-13-1993 and 11-28-2005.
The following definition shall apply:
HAZARDOUS WASTE
All waste defined as "hazardous waste" pursuant to all regulations, administrative codes, rules, or statutes of the State of Wisconsin.
The purpose of this article is to further the maintenance of safe and healthful conditions, prevent and control pollution, protect the environment, and promote the public health, welfare, safety, convenience and interests of the residents of the Village of Fox Crossing, Winnebago County, State of Wisconsin, by establishing standards covering hazardous waste in the Village of Fox Crossing, Winnebago County, Wisconsin. This hazardous waste article may be amended from time to time as determined by the Village of Fox Crossing Board of Trustees.
No person, firm, corporation, partnership, business or any entity shall dump, dispose, store, or locate, on either a temporary or permanent basis, any hazardous waste from outside the Village of Fox Crossing upon any location or property within the Village of Fox Crossing. However, a hazardous waste may be temporarily stored or located in the Village of Fox Crossing for industrial reuse or recycling purposes.
No person, firm, corporation, partnership, business or any entity shall dump, dispose, store, or locate, on either a temporary or permanent basis, any hazardous waste from inside the Village of Fox Crossing upon any location or property within the Village of Fox Crossing, except upon permits issued by the Village Board of the Village of Fox Crossing, Winnebago County, Wisconsin, and in conformity with the provisions set forth herein. This policy of issuance of permits and the procedure thereof for disposal of hazardous waste from within the Village of Fox Crossing shall be as set forth in the Village of Fox Crossing Hazardous Waste Permit Disposal Policy on file with the Village Planner's office, which said policy is incorporated at length as if set forth herein, and which said policy shall be established and amended from time to time by the Village Board by resolution. In addition, a hazardous waste may be temporarily stored or located in the Village of Fox Crossing for industrial reuse or recycling purposes.
No person, firm, corporation, partnership, business or any entity shall use or dispose of any hazardous waste in the former Village of Fox Crossing landfill site.
A. 
Hazardous waste shall be collected and transported by private contract (a licensed contractor) of the owner. This waste shall be collected and transported in such manner and frequency, as is needed to protect the public safety and welfare of the Village of Fox Crossing. The Village of Fox Crossing shall not provide for nor arrange to provide for, by contract or otherwise, any services for collection, removal, or transportation of hazardous waste in the Village of Fox Crossing.
B. 
All hazardous waste transported upon any Village of Fox Crossing road shall comply with all laws, rules, administrative codes, and regulations of the State of Wisconsin and/or State of Wisconsin Department of Natural Resources, and all federal laws.
A. 
All statutes, administrative rules, and regulations of the State of Wisconsin/State of Wisconsin Department of Natural Resources concerning materials which are excluded from regulation as hazardous waste are incorporated herein at length by reference and made a part of this article.
B. 
This article shall not prohibit the industrial reuse or recycling of a hazardous waste, provided such reuse or recycling process complies with all federal and/or state laws.
If any provision of this article is invalid or unconstitutional, or if the application of this article to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or application of this article, which can be given effect without the invalid or unconstitutional provision or its application.
Any person, firm, corporation, partnership, business, or any entity which shall violate any provision of this article shall, upon conviction thereof, forfeit an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, together with the costs of prosecution, and, in default of payment thereof, shall be imprisoned in the county jail until said forfeiture and costs are paid, but not exceeding 90 days. Each violation and each day a violation continues or occurs shall constitute a separate offense.