Village of Whitefish Bay, WI
Milwaukee County
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[Adopted as Secs. 10.04 and 10.045 of the Codification; amended in its entirety 4-16-2018 by Ord. No. 1839]
This article shall govern and apply to the generation, collection, management and disposal of refuse and recycling in the Village and the collection of refuse and recycling by the Village Department of Public Works. It shall be unlawful for any person to bring solid waste into the Village for the purpose of collection by the Whitefish Bay Department of Public Works, which waste was not generated within the Village.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
BRUSH
Any woody material over 1/4 inch but less than six inches in diameter from a tree, bush or plant, including, but not limited to, tree branches, small trees, prunings and trimmings. Brush does not include stumps, roots or root balls.
CART
A container provided or sold by the Village for the collection of refuse or recycling.
CONSTRUCTION
The assembly of materials to create a new building, building improvement or lot improvement.
CONSTRUCTION AND DEMOLITION DEBRIS/WASTE
Materials resulting from the construction, remodeling, repair and demolition of utilities, structures, buildings, lot improvements, and roads, including but not limited to the following: bricks, concrete, and other masonry materials; soils; rocks; wood, including painted, treated, and coated wood and wood products; wall coverings; plaster; drywall; aluminum and vinyl siding; plumbing fixtures; non-asbestos insulation; roofing shingles and other roof coverings; reclaimed asphalt pavement; glass; plastics; electrical wiring, and piping or metals incidental to any of those materials, blocks, broken concrete, plaster, wire and wood lath, timbers and wood building products and other similar nonputrescible materials. This term does not include materials that cannot be recycled because of lead, asbestos or other hazardous materials content, or materials which the Department of Public Works, from time to time, may declare are no longer eligible for Village recycling services.
CONTRACTOR
Any person, other than the property owner, who is responsible for the construction, demolition, or remodeling of a building or lot improvement, or any part thereof, where such work requires the issuance of a building, plumbing, electrical, HVAC or demolition permit under the Municipal Code.
DEMOLITION
The razing or other intentional destruction of all or part of any single structure.
DOMESTIC WASTE
Solid waste material resulting from residential habitation and housekeeping. The Village collects domestic waste from single-family dwellings, duplexes, three-family dwellings and condominiums. A parsonage or rectory shall be deemed residential when it falls within one of the above classifications. Municipal facilities are deemed residential and are considered to be generators of domestic waste for purposes of this article.
ELECTRONIC DEVICE
A device that requires electric current or electromagnetic fields to function and that contains a circuit board.
GRASS CLIPPINGS
Grass clippings resulting from mowing lawns.
HOUSEHOLD SHARP MEDICAL WASTE
Sharps and any type of domestic waste product capable of puncturing or lacerating the skin that is designed or used to treat, diagnose, or prevent a disease or medical condition, including, but not limited to, scalpels, hypodermic needles and lancets.
MAJOR APPLIANCE
A residential or commercial air conditioner, boiler, clothes dryer, clothes washer, dehumidifier, dishwasher, humidifier, freezer, furnace, microwave oven, oven, pressure tank, and refrigerator, stove or water heater.
MULTIPLE-FAMILY DWELLING
A building containing four or more residential units.
NONRESIDENTIAL REFUSE AND RECYCLING
Refuse and recycling from private, commercial, retail, industrial or institutional facilities and properties not otherwise defined as residential in this article.
PARKWAY
The area immediately adjacent to the street pavement usually between the public sidewalk and street curb.
PERSON
Includes any individual, corporation, limited liability company, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority, or federal agency.
PLASTIC
Any of the following plastic products and containers labeled with recycling arrows and the most current Society of the Plastics Industry (SPI) (or successor) code No. 1 through No. 7, described as follows:
A. 
SPI code No. 1 is PETE, polyethylene terephthalate.
B. 
SPI code No. 2 is HDPE, high-density polyethylene.
C. 
SPI code No. 3 is PVC, polyvinyl chloride.
D. 
SPI code No. 4 is LDPE, low-density polyethylene.
E. 
SPI code No. 5 is PP, polypropylene.
F. 
SPI code No. 6 is PS, polystyrene or EPS, expanded polystyrene; commonly called "block polystyrene."
G. 
SPI code No. 7 is other resins or multiple resins.
H. 
This definition does not include plastic bags used for refuse collection.
RECYCLABLES
Waste material that is capable of being recycled for future use and eligible for Village recycling services, including, without limitation, aluminum containers; corrugated paper or other containerboard; 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, as described further below:
A. 
A container made of aluminum.
B. 
A container for carbonated or malt beverages that are made primarily of a combination of steel and aluminum.
C. 
Corrugated paperboard used in the manufacture of shipping containers and related products.
D. 
Magazines and other materials printed on similar paper.
E. 
Miscellaneous household paper, including junk mail, school paper, brown paper bags, magazines, gift, shoe and cereal boxes, and similar material.
F. 
A newspaper and other materials printed on newsprint.
G. 
(1) 
The term "office paper" means 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.
(2) 
The term "office paper" does not include industrial process waste.
H. 
The Department of Public Works may designate other waste materials as recyclables from time to time.
RECYCLE
Any process by which materials are collected, separated, processed into raw materials for new, reused or reconstituted products, or for the recovery of materials for energy production processes.
REFUSE
Solid waste acceptable for disposal in a sanitary landfill. Refuse does not include recyclables.
REMODELING
Any improvement or alteration made to buildings or lot improvements that do not involve the complete demolition and reconstruction of the building.
RESIDENTIAL REFUSE AND RECYCLABLES
Materials generated by one-, two- and three-family residences and condominiums as well as rectories, parsonages, and municipal facilities.
SANITARY LANDFILL
A facility that is licensed, designed and constructed to receive refuse.
SHARPS
Medical equipment or clinical laboratory articles that may cause punctures or cuts. Sharps include, but are not limited to, contaminated, used, unused and disinfected items listed in Wis. Adm. Code § NR 526.05(1).
SHARPS CONTAINER
A leakproof, rigid, puncture-resistant container that is taped closed or tightly lidded to prevent the loss of the sharps waste.
SOLID WASTE
Any refuse, recyclables or other salvageable materials that are removed from a property when discarded.
WASTE OIL
Used motor oil, transmission fluid or other lubricating oil.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
All lawn and garden waste (including garden plants and thatch), but not including grass clippings, leaves, brush, stumps, compost, roots, root balls, soil, sand, rocks, concrete, brick, or other construction waste. Grass clippings are not collected per §§ 10-9A(5) and 10-11B(1).
A. 
Schedule.
(1) 
Regular refuse schedule. The Department of Public Works shall establish a weekly collection schedule for household refuse in the Village with the approval of the Village Board. The Village shall publish the collection schedule on its website. The Village Board may adjust the collection schedule from time to time.
(a) 
Refuse cart placement schedule. Refuse carts must be at the curb by 7:00 a.m. on the scheduled day of collection to ensure pickup. Refuse carts may be placed after 6:00 p.m. the day prior to scheduled collection. Refuse carts must be returned to their storage location by 8:00 p.m. on the day of scheduled pickup.
(b) 
Holiday/weather refuse schedule. Refuse shall be collected weekly on the day scheduled unless due to a holiday or severe weather event the Department of Public Works reschedules collection.
(2) 
Yard waste and brush schedule. Yard waste and brush shall be collected on a regular basis throughout the year.
(3) 
Leaf collection schedule. The Department of Public Works will collect leaves curbside on a weekly basis during the fall loose-leaf collection period established by the Department of Public Works.
B. 
Preparation and placement.
(1) 
Refuse collection. All refuse shall be placed in a plastic bag, drained of all free liquid, and placed in a Village-issued refuse collection cart. Refuse will not be collected if it is placed outside of a Village refuse collection cart unless a special pickup is requested as set forth in § 10-9A.
(2) 
Cart placement. Unless directed or authorized by the Department of Public Works under § 10-10, carts for refuse collection must be placed within three feet from the curb edge and three feet away from any other object. If a property abuts upon an alley, such receptacle shall be located immediately adjacent thereto. The lid opening of the cart must face the street. The Department of Public Works may direct or authorize the placing of carts for refuse in a manner different than that provided herein in order to facilitate a more reasonable mode of collection from particular premises.
(3) 
Littering. No person shall place any refuse on any street, alley, sidewalk or other public or private property unless the same shall be placed in appropriate carts and bags for Village collection at the times and in the manner as herein stated or in commercial waste containers for commercial collection and disposal.
(4) 
Allowed disposal location. No person shall without permission place for collection any refuse at the curbline or alley adjacent to any premises not owned or occupied by such person.
(5) 
Refusal to collect. The Department of Public Works may refuse to collect improperly placed refuse carts, nonbagged refuse, or undrained refuse.
(6) 
Cart weight limit. No loaded refuse cart placed for collection shall exceed 150 pounds in total weight.
(7) 
Yard waste and brush. Yard waste shall be placed in containers or biodegradable paper bags not exceeding 30 gallons in capacity or 50 pounds total weight and shall be placed on the parkway. Brush shall be placed in neat piles on the parkway. Thicker sections of brush should face the street. Small twigs and branches should be placed in containers or biodegradable paper bags. Yard waste and brush may not be placed in plastic bags.
(8) 
Leaves. Leaves shall be placed in the gutter during the fall loose-leaf collection period established by the Department of Public Works. The rest of the year, leaves shall be placed in containers or biodegradable paper bags not exceeding 30 gallons in capacity and shall be placed on the parkway; loaded leaf bags or containers may not exceed 50 pounds in total weight. Leaves may not be placed in plastic bags.
A. 
Schedule.
(1) 
Regular recycling schedule. The Department of Public Works shall establish an every-other-week collection schedule for household recycling in the Village with the approval of the Village Board. The Village shall publish the collection schedule on its website. The Village Board may adjust the collection schedule from time to time.
(a) 
Recycling cart placement schedule. Recycling carts must be at the curb by 7:00 a.m. on the scheduled day of collection to ensure pickup. Recycling carts may be placed after 6:00 p.m. the day prior to scheduled collection. Recycling carts must be returned to their storage location by 8:00 p.m. on the day of scheduled pickup.
(b) 
Holiday/weather recycling schedule. Recycling shall be collected every two weeks on the day scheduled unless due to a holiday or severe weather event the Department of Public Works reschedules collection.
B. 
Preparation and placement.
(1) 
Recycling collection. Residential recycling shall be placed in a Village-issued recycling collection cart. Residential recycling will not be collected if it is not placed in a Village recycling collection cart.
(2) 
Cart placement. Unless directed or authorized by the Department of Public Works under § 10-10, carts for residential recycling must be placed within three feet from the curb edge and three feet away from any other object. If a property abuts upon an alley, such receptacle shall be located immediately adjacent thereto. The lid opening must face the street. The Department of Public Works may direct or authorize the placing of carts for recycling in a manner different than that provided herein in order to facilitate a more reasonable mode of collection from particular premises.
(3) 
Littering. No person shall place any recyclables on any street, alley, sidewalk or other public or private property unless the same shall be placed in appropriate carts for Village collection at the times and in the manner as herein provided.
(4) 
Allowed disposal location. No person shall without permission place for collection any recyclables at the curbline or alley adjacent to any premises not owned or occupied by such person.
(5) 
Refusal to collect. The Department of Public Works may refuse to collect improperly placed recycling carts or improperly prepared recycling as defined in § 10-8D, E and F.
(6) 
Cart weight limit. No loaded recycling cart placed for collection shall exceed 150 pounds in total weight.
C. 
Ownership of recyclable materials.
(1) 
Public collection. All residential recyclable material collected as provided in this article, shall be the property of the Village.
(2) 
Commercial collection. Nonresidential recyclable materials collected commercially are the property of those generator and collecting entities or persons.
(3) 
Who may collect. It shall be unlawful for any person, except the Village or licensed commercial waste haulers collecting nonresidential recyclable materials to collect or remove any recyclable materials that have been placed at the curb or in a cart adjacent to a residential or nonresidential building for the purposes of collection for recycling.
A. 
Separation of recyclables.
(1) 
Owners and occupants of residential and nonresidential unit residences and multiple-family dwellings shall separate the following materials from postconsumer waste:
(a) 
Lead-acid batteries.
(b) 
Major appliances.
(c) 
Electronic devices.
(d) 
Waste oil and oil filters.
(e) 
Yard waste.
(f) 
Brush.
(g) 
Waste tires.
(h) 
Aluminum containers.
(i) 
Bimetal containers.
(j) 
Corrugated paper or other containerboard.
(k) 
Foam polystyrene packaging.
(l) 
Glass containers.
(m) 
Magazines.
(n) 
Newspaper.
(o) 
Office paper.
(p) 
Mixed paper.
(q) 
Plastic containers.
(r) 
Steel containers.
(s) 
Such other recyclables as may be added to this list from time to time by the Department of Public Works.
B. 
Care of separated recyclables. Recyclable materials separated in accordance with Subsection A shall be substantially clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including, but not limited to, household hazardous waste, medical waste, and agricultural chemicals.
C. 
Management of lead-acid batteries, major appliances, waste oil, yard waste, brush and tires. Owners and occupants of residential and nonresidential refuse and recycling generating properties shall manage lead-acid batteries, major appliances, electronic devices, waste oil, yard waste, brush, and tires as follows:
(1) 
Lead-acid batteries shall be recycled at private businesses where purchased or at private recycling centers.
(2) 
Major appliances shall be recycled at private businesses where purchased or at private recycling centers. The Village provides special collection service for certain appliances for a separate charge which as set forth in § 10-9A.
(3) 
Electronic devices shall be recycled at private businesses where purchased or at private recycling centers.
(4) 
Waste oil and oil filters shall be recycled at private businesses where purchased, private recycling centers or public recycling centers.
(5) 
Yard waste shall be collected by the Village in accordance with § 10-6B(7), by private landscapers for private recycling or disposal, or composted in accordance with Article VII of this chapter.
(6) 
Brush shall be collected by the Village in accordance with § 10-6B(7) or through local public or private recycling collection methods. Brush may also be chipped on site and used as mulch.
(7) 
Waste tires shall be recycled at private businesses where purchased or at private recycling centers.
D. 
Preparation and collection of recyclables. Unless otherwise directed by the Department of Public Works, owners and occupants of residential refuse and recycling generating properties shall do the following for the preparation and collection of the separated materials specified in Subsection A:
(1) 
Aluminum, bimetal, glass, plastic, and steel containers shall be rinsed free of any substantial product residue and placed loosely in a Village recycling collection cart or taken to a Department of Public Works approved local recycling dropoff site.
(2) 
Corrugated paper or other containerboard shall be placed within a Village recycling collection cart or taken to a Department of Public Works approved local recycling dropoff site. Corrugated paper and other containerboard shall be free from contamination by oil, grease, and food.
(3) 
Foam polystyrene packaging shall be taken to a Department of Public Works approved local recycling dropoff site.
(4) 
Mixed paper shall be placed within the Village recycling collection cart or taken to a Department of Public Works approved local recycling dropoff site.
(5) 
Newspaper shall be placed within a Village recycling collection cart or taken to a Department of Public Works approved local recycling dropoff site. Newspaper shall not be bound.
(6) 
Office paper shall be placed within a Village recycling collection cart or taken to a Department of Public Works approved local recycling dropoff site.
E. 
Responsibilities of owners of multiple-family dwellings.
(1) 
Owners of multiple-family dwellings shall do all of the following to recycle the materials specified in Subsection A of this section.
(a) 
Provide adequate, separate containers for the recyclable materials.
(b) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program, including:
[1] 
Reasons to reduce and recycle solid waste.
[2] 
Which materials are collected.
[3] 
How to prepare the materials in order to meet the processing requirements.
[4] 
Collection methods or sites.
[5] 
Locations and hours of operation.
[6] 
A contact person or company, including a name, address and telephone number.
(c) 
Provide for collection of the materials separated from the solid waste by the tenants and the delivery of these materials to a recycling facility.
(d) 
Prevent recyclables from being placed in containers with nonrecyclables.
F. 
Responsibilities of owners of nonresidential facilities and properties.
(1) 
Owners and operators of nonresidential properties shall do all of the following to recycle the materials specified in Subsection A of this section.
(a) 
Provide adequate, separate containers for the recyclable materials.
(b) 
Notify, in writing, at least semiannually, all users, tenants, and occupants of such properties about the established recycling program.
(c) 
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.
(d) 
Notify users, tenants, and occupants of:
[1] 
Reasons to reduce and recycle solid waste.
[2] 
Which materials are collected.
[3] 
How to prepare the materials in order to meet the processing requirements.
[4] 
Collection methods or sites.
[5] 
Locations and hours of operation.
[6] 
A contact person or company, including a name, address and telephone number.
(e) 
Prevent recyclables from being placed in containers with refuse.
(f) 
Provide designated space for recycling, separation, storage, and collection.
G. 
Prohibitions on disposal of recyclable materials separated for recycling. No person may dispose of any of the materials specified in Subsection A of this section in a solid waste disposal facility which have been separated for recycling.
H. 
Exemptions. The separation requirements of Subsection A of this section do not apply to the following:
(1) 
Occupants of single-family and two- and three-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection A of this section from solid waste.
(2) 
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.
(3) 
A recyclable material specified in Subsection A of this section 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.
A. 
Services. As provided herein, certain refuse and recycling materials shall be collected by the Department of Public Works without charge, while other materials shall be subject to a charge established by the Department of Public Works. Such charge shall be reasonable based upon the cost of labor and equipment.
(1) 
Residential refuse and recycling. Village residential refuse and recycling in collection carts shall be collected by the Department of Public Works without charge.
(2) 
Special services. Residential units that require the removal of any combination of yard waste, brush, refuse or recycling which cannot fit into the Village refuse or recycling collection carts may request a special pickup:
(a) 
No-charge refuse special pickup. On a scheduled refuse collection day, a residential unit may place small household items, certain minor appliances, or pieces of furniture with a combined size not to exceed four feet by four feet by seven feet in the parkway for a no-charge special refuse pickup. Items eligible for pickup include items such as a chair and small love seat, a small couch, a mattress and box spring, or a dishwasher. Items ineligible for pickup include a large sectional couch, large sleeper sofa, appliances with Freon, a water heater, or major appliances like a clothes washer/dryer.
[1] 
Routine residential refuse which does not fit in the Village refuse collection cart as a result of the cart being full is not eligible for pickup under this article. Such excess refuse must either be held until the next scheduled pickup, placed in a newly purchased additional cart for collection or be collected as a charged refuse special pickup.
[2] 
Soil, sand, rocks, concrete, brick, and construction waste are ineligible for no-charge refuse special pickup.
(b) 
Charged refuse special pickup. Any household item or items that cannot fit into a Village refuse collection cart and exceeds the parameters of a no-charge special pickup, with a maximum combined size of five feet by five feet by 15 feet, qualifies as a charged refuse special pickup. A residential unit owner or occupant will be required to pay the special service charge as set forth in § 10-9A(3) prior to collection.
[1] 
Construction waste from household renovation projects that do not require a Village permit may be collected at the discretion of the Department of Public Works. A residential unit owner or occupant must first obtain Department of Public Works permission to dispose of such construction waste via a charged refuse special pickup. Contractor generated waste is ineligible for a charged refuse special pickup.
[2] 
Appliances with Freon and major appliances such as water heaters are ineligible for a charged refuse special pickup. These appliances are subject to § 10-8C.
[3] 
Soil, sand, rocks, concrete, brick, and construction waste are ineligible for charged refuse special pickup.
(c) 
No-charge recycling special pickup not available. No-charge recycling special pickups are not available. A residential unit owner or occupant must schedule a charged recycling special pickup, purchase one or more additional carts, or place the recycling in the recycling collection cart at a later date.
(d) 
Charged recycling special pickup. Any recyclable item or items that cannot fit into a Village recycling collection cart (with a maximum combined size of five feet by five feet by 15 feet), qualifies as a charged recycling special pickup. A residential unit owner or occupant must pay the special service charge defined in § 10-9A(3) prior to collection.
(e) 
No-charge brush special pickup. Brush piles less than five feet by seven feet by 20 feet will be collected at no charge, provided they are placed in the parkway in the manner defined in § 10-6B(7).
(f) 
Charged brush special pickup. Brush piles that exceed size limits for a no-charge brush pickup (with maximum combined size of five feet by seven feet by 40 feet), qualify for charged brush special pickup. Brush must be placed in the parkway as set forth in § 10-6B(7). A residential unit owner or occupant will be required to pay the special service charge as set forth in § 10-9A(3) prior to collection.
(g) 
No-charge yard waste special pickup. Up to 25 paper bags of yard waste will be collected at no charge, provided they are placed in the parkway as set forth in § 10-6B(7).
(h) 
Charged yard waste special pickup. Yard waste in excess of 25 paper bags, up to a maximum of 50 paper bags, is eligible for a charged yard waste special pickup. Yard Waste must be placed in the parkway as set forth in § 10-6B(7). A residential unit owner or occupant must pay the special service charge as set forth in § 10-9A(3) prior to collection.
(i) 
Excessive special pickup. If a pickup request exceeds the maximum total size or quantity for a special pickup as defined above in Subsection A(2)(b), (d), (f), or (h), it qualifies as an excessive special pickup. An excessive special pickup may be collected at the discretion of the Department of Public Works. A residential unit owner or occupant must pay the special service charge set forth in § 10-9A(3) prior to collection. Residential unit owners or occupants will be billed for the remaining balance of the actual cost of the collection based on additional charges defined in § 10-9A(3).
(3) 
Special pickup service charge. For a charged refuse special pickup [§ 10-9A(2)(b)], charged recycling special pickup [§ 10-9A(2)(d)], charged brush special pickup [§ 10-9A(2)(f)], and a charged yard waste special pickup [§ 10-9A(2)(h)]. The special pickup service charge shall be as determined by the Village Board from time to time. Additional charges may be imposed at the discretion of the Department of Public Works if pickup time exceeds 15 minutes or if the item(s) for collection exceed(s) the special pickup criteria listed in Subsection A(2)(b), (d), (f), or (h) . Additional charges for an excessive special pickup will be based on the hourly rate for the personnel, including fringe benefits, equipment used, and disposal fees.
(4) 
Placement and preparation for special pickup. Special pickup refuse and recycling must be placed on the parkway and accessible to the Department of Public Works. Refuse left for a special pickup must not be prohibited as set forth in § 10-11B, be recyclable as set forth in § 10-8A, or pose a safety risk during collection or disposal (exposed nails must be removed or hammered down). A resident with a curbside or alley placement exemption as described in § 10-8 may qualify for any of the above described special pickups, with the same regulations and fees, but with a collection placement exemption.
(5) 
Grass clippings. Grass clippings may not be collected under the provisions of this article.
(6) 
Removal of construction, demolition, and remodeling waste. No construction, demolition, or remodeling waste under this article will be collected by the Department of Public Works unless the refuse meets the requirements set forth in § 10-9A(2)(b). Under no circumstances will construction, demolition, or remodeling waste from projects requiring a Village permit be collected by the Village.
(7) 
Collection condition. The collection of all refuse, recycling, or other waste is conditioned upon the observance of all provisions of this article.
A. 
As set forth in §§ 10-6B(2) and 10-7B(2), refuse and recycling collection carts must be brought to the parkway or alley edge for collection by the Department of Public Works. To accommodate residents with medical hardships or disabilities, an exemption to the requirement of bringing carts to the parkway or alley edge for collection may be granted on a case-by-case basis upon the completion of a Village Board approved exemption application form and approval by the Village Manager or his or her designee.
B. 
On receipt of the application, the Village Manager or his or her designee will make a determination regarding the exemption request and inform the applicant of the decision. If exemption is approved, the applicant will be required to renew the exemption on May 1, 2020, and every second anniversary thereafter unless the exemption is temporary, in which case the exemption will expire after a temporary time frame set forth by the signing physician on the application.
C. 
If the exemption request is denied, the Village Manager or his or her designee will inform the applicant of the decision. The applicant has the right to appeal the decision to the Zoning Board of Appeals.
D. 
If the exemption application is approved, the applicant must place refuse and recycling in Village issued collection carts per §§ 10-6B(1) and 10-7B(1). The Department of Public Works will then access the resident's premises to collect the refuse and recycling carts. Carts must be outside and easily accessible. Refuse and recycling carts will not be removed from inside a structure by the Department of Public Works.
E. 
The exemption application form may be amended from time to time by the Village Manager or his/her designee as approved by the Village Board.
A. 
Refuse and recycling carts.
(1) 
Standard cart size. Each Village residential unit will be provided one ninety-five-gallon cart for refuse and one ninety-five-gallon cart for recycling.
(2) 
Cart size options. A residential unit may change from the ninety-five-gallon refuse cart to a smaller sixty-five-gallon refuse cart for the refuse collection program only.
(3) 
Change in cart size. Any changes in refuse cart size after September 30, 2018, are the financial responsibility of the residential unit owner or operator. The fee to change cart size is set by the Village and may be adjusted from time to time. A cart size change must be paid for in advance at Village Hall before a new cart is delivered. A cart that is being exchanged for a different size will be collected by the Village.
(4) 
Additional carts. Additional refuse and recycling carts may be purchased for a prepaid fee set by the Village Board from time to time.
(5) 
Ownership. All carts (including purchased carts) will remain the property of the Village for warranty and repair purposes.
(6) 
Cart damage and repair. If damage to a cart is caused by normal wear and tear, the Village will replace or repair the cart at no charge to the residential unit. Should a cart be damaged by residential unit owner, occupant, or operator negligence, the residential unit owner will be responsible for replacement of the cart.
(7) 
Cleaning and maintenance. Each residential unit owner or operator is responsible for keeping carts clean and reporting maintenance issues as they arise.
B. 
Collection limitations. No person may dump, deposit or place at the curbline adjacent to any street or public alley for collection by the Village or for any other purpose any of the following:
(1) 
Grass clippings. (Residents shall either leave grass clippings on the lawn or compost them in accordance with Article Vii of this chapter.)
(2) 
Lead-acid batteries. (Must be recycled in accordance with § 10-8C.)
(3) 
Waste tires. (Must be recycled in accordance with § 10-8C.)
(4) 
Hazardous and toxic wastes. (Must be disposed of in accordance with Wis. Adm. Code Chs. NR 660, 661, 662, 663, 664, 665, 666, 667, 668, 670, 673 and 679.)
(5) 
Chemicals, paint or flammable liquids. (Must be disposed of in accordance with Wis. Adm. Code Chs. NR 660, 661, 662, 663, 664, 665, 666, 667, 668, 670, 673 and 679.)
(6) 
Explosives. (Contact the Village of Whitefish Bay Police Department to discuss disposal options.)
(7) 
Infectious waste, sharps or medical waste, as defined in Wis. Adm. Code Ch. NR 526 and household sharp medical waste. (Disposal requirements are outlined in § 10-11D below.)
(8) 
Solid waste in such a manner as will permit strewing by animals prior to collection.
C. 
Small dead animals. Small animal carcasses on public property shall be collected by the Department of Public Works upon notification.
D. 
Medical waste, household sharp medical waste disposal and general sharp disposal. Household sharp medical waste and general sharps shall be disposed of in accordance with the requirements of Wis. Adm. Code Ch. NR 526 and shall not be deposited in any other place or manner in the Village than as provided in this article:
(1) 
Acceptable means of disposing of sharp medical waste under this article include disposal in a sharps container or a heavy plastic container and delivery of the sealed container to a sharps collection station or other person authorized under Wis. Adm. Code Ch. NR 526 to accept such waste.
(2) 
Containers for household sharp medical waste, loose household sharp medical waste or other sharps and sharp waste shall not be mixed with refuse or recyclables.
(3) 
The Department of Public Works shall not collect, manage, or dispose of any refuse or recyclables containing sharp medical waste or other medical waste of any kind.
(4) 
Sharps and sharp waste (nonhousehold) must be professionally managed and disposed of in accordance with Wis. Adm. Code Ch. NR 526.
E. 
Storage of refuse or recycling carts in front yards or on parkway prohibited. It shall be unlawful to place, store, or keep any refuse or recycling carts in any front yard (as defined in the Zoning Code) or on any parkway prior to or after the times outlined in the refuse and recycling collection schedules per §§ 10-6A(1)(a) and 10-7A(1)(a).
F. 
Nonresidential refuse and recycling.
(1) 
Nonresidential refuse and recycling shall not be collected by the Village.
(2) 
Nonresidential refuse and recycling may only be collected by a licensed commercial waste hauler.
(3) 
Carts and special services will not be provided by the Village to nonresidential properties.
G. 
Transportation of wastes. Transportation and collection of wastes by commercial waste haulers shall comply with the following:
(1) 
Transportation. The transportation of all wastes through and upon the streets, alleys, and thoroughfares of the Village shall be conducted in such manner as to comply with § 7-2 of the Municipal Code.
(2) 
Vehicles. No person shall carry or transport any material of any kind whatsoever in any vehicle unless the same be of such construction and so operated that the contents shall not fall or spill upon the public streets or alleys.
(3) 
Removing noxious substances. No person shall remove or cause to be removed, carried or conveyed any noxious or offensive substances in, upon or over any of the public streets or alleys in the Village of Whitefish Bay between the hours of 7:00 a.m. and 8:00 p.m. unless vehicles for removing said noxious or offensive substances are watertight and covered.
A. 
Enforcement.
(1) 
For the purpose of ascertaining compliance with the provisions of this article, the Director of Public Works or his/her designee may inspect materials separated for recycling, refuse 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 refuse and recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse to allow access to the Director of Public Works or his/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.
(2) 
Any person who violates any provision of this article may be issued a citation by the Village Police Department. The issuance of a citation shall not preclude a 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.
B. 
Penalty. Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 17, Article III, General Penalty, of this Code, in addition to the specific penalties provided in this article. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues. As and for a further penalty for any violation of this or any other provision in the Municipal Code, the Village Board hereby empowers the Village Manager or designee to, after providing notice in person or via United States mail to the last known owner of the property at least two business days in advance, perform such work on said property as is required to render the property compliant with the Municipal Code. The reasonable cost of such work shall be billed to the last known property owner, and such bill shall be due and payable within 15 days after it has been mailed. Amounts due after said period of time shall be delinquent and shall become a lien upon the property and may be placed on the tax bill of the property in question as a special charge for current services as provided in § 66.0627, Wis. Stats.