City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers effective 1-1-1995 (Title 5, Ch. 6, of the 1981 Code). Amendments noted where applicable.]
A. 
The Solid Waste Utility Fund is created to account for the operations of the City refuse and recycling programs. This fund shall be segregated from all other funds and shall be designated as a proprietary fund in the City chart of accounts.
B. 
The purpose of this chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
This chapter is adopted as authorized under§ 287.09(3)(b), Wis. Stats.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances, or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where this chapter provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544 standards in effect on the date of adoption of this chapter, or in effect on the date of the most recent text amendment of this chapter.
Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
The requirements of this chapter apply to all persons within the City of Two Rivers City limits.
The provisions of this chapter shall be administered by the City of Two Rivers Director of Public Works or his/her representative.
The provisions of this chapter shall take effect on January 1, 1995.
As used in this chapter, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
BRUSH and BRANCHES
Clean woody vegetative material no greater than six inches in diameter. These terms do not include stumps, roots, or shrubs with intact root balls.
CITY RECYCLING CONTAINERS
The eighteen-gallon blue plastic containers stamped with the City name and issued by the City to its residents for the purpose of holding recyclable items.
COMMERCIAL REFUSE/RECYCLING HAULER
Any person, firm or corporation which engages in the business of collecting, hauling or removing any refuse and/or recyclables within the City of Two Rivers.
COMPOST PILE
A structure or container system that allows for the controlled decomposition of organic matter by microorganisms (mainly bacteria and fungi) into a humus-like product. The final mixture created by use of a compost pile is used to enrich soils, increase the ability of the soil to absorb air and water, suppress weed growth, decrease erosion and reduce the need to apply chemical fertilizers and peat moss.
COMPOSTABLE MATERIAL
Grass clippings, leaves, yard and garden debris and brush, including woody vegetative material no greater than six inches in diameter generated from any yard or garden.
CONTAINER BOARD
Corrugated paper board used in the manufacture of shipping containers and related products.
HDPE
High-density polyethylene plastic containers marked by the SPI Code No. 2.
LDPE
Low-density polyethylene plastic containers marked by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, residential or commercial furnace, boiler, dehumidifier, or water heater.
MIXED OR OTHER PLASTIC RESIN TYPES
Plastic containers marked by the SPI Code No. 7.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional, and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade, staple-free 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.
PERSON
Includes any individual, corporation, partnership, association, local government unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority, or federal agency.
PETE
Polyethylene terephthalate plastic containers marked by the SPI Code No. 1.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene plastic containers marked by SPI Code No. 5.
PS
Polystyrene plastic containers marked by the SPI Code No. 6.
PVC
Polyvinyl chloride plastic containers marked by the SPI Code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types; steel containers; waste tires; and bimetal containers.
RECYCLABLES
Includes, but is not limited to, aluminum cans, steel cans, bimetal containers, plastic containers, newspaper, magazines, container board, and glass containers. The City may from time to time designate other household refuse items as "recyclable" based upon market conditions and available recycling technology.
REFUSE
The more or less solid waste resulting from the activities of the inhabitants of the City exclusive of sewage flowing in pipes, sewers, or upon the ground. The two materials making up refuse are defined as follows:
A. 
GARBAGE
The organic waste matter, both animal and vegetable, from houses, kitchens, restaurants, hotels, hospitals, etc. It comprises chiefly waste food.
B. 
RUBBISH
All other refuse materials not defined as garbage. It consists chiefly of ashes, old clothes, rags, bedding, straw, leather, rubber, old furniture, stoneware, boxes, barrels, sweepings from buildings, rakings, miscellaneous metal, etc.
REFUSE STICKER
A preprinted sticker which evidences advance payment for the collection and disposal of refuse.
SOLID WASTE
As specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
As specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique, or process which is designed to change the physical, chemical, or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage, or defect.
YARD WASTE
Leaves, grass clippings, and yard and garden debris.
The City Council reserves the right to establish a comprehensive program, to be operated by the City and the City's exclusive contract waste hauler, to provide for residential collection of refuse and recyclables and to provide for the separation of certain designated recyclable materials from normal household refuse and placement of such materials in specially designated containers.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall separate the following materials from post-consumer waste and refuse:
A. 
Lead acid batteries.
B. 
Major appliances.
C. 
Waste oil.
D. 
Yard waste.
E. 
Waste tires.
F. 
Aluminum containers.
G. 
Bimetal containers.
H. 
Corrugated paper or other container board.
I. 
Foam polystyrene packaging.
J. 
Glass containers.
K. 
Magazines or other materials printed on similar paper.
L. 
Newspapers or other materials printed on newspaper.
M. 
Office paper.
N. 
Plastic containers made of PETE (No. 1), HDPE (No. 2), PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and mixed or other plastic resin types (No. 7).
O. 
Steel containers.
The separation requirements of § 5-6-11 do not apply to the following:
A. 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 5-6-11 from solid waste in as pure a form as is technically possible.
B. 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
C. 
A recyclable material specified in § 5-6-11 for which a variance or exemption has been granted by the Department of Natural Resources under § 287.07(7)(d) or 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 5-6-11 shall be 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 chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, yard wastes and brush as follows:
A. 
Lead acid batteries shall be disposed of by contacting any lead acid battery recycler.
B. 
Major appliances shall be disposed of by contacting any appliance recycler. Microwave ovens, if the capacitor(s) have been removed and the capacitor(s) properly disposed of, may be disposed of in a licensed landfill.
C. 
Waste oil shall be disposed of at the Public Works Shop during normal business hours or by contacting any waste oil recycler.
D. 
Yard waste may be dropped off at Manitowoc County's Compost Site located on Woodland Drive during the season as determined by Manitowoc County or disposed of by contacting any yard waste recycler.
E. 
Leaves may be placed curbside for pickup during the fall season as determined by the Director of Public Works.
F. 
Waste tires shall be disposed of by contacting any area auto service garages or disposed of at the Ridgeview Landfill or any licensed landfill.
A. 
Except as otherwise directed by the Department of Public Works, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of separated materials specified in § 5-6-11F through O:
(1) 
These items are to be commingled and placed in the City's recycling container on specified collection dates: aluminum containers, bimetal containers, foam polystyrene packaging, glass containers, all plastic containers, and steel containers.
(2) 
Magazines or other materials printed on similar paper shall be bundled separately and placed out for collection on specified dates.
(3) 
Newspapers or other materials printed on newsprint shall be bundled separately and placed out for collection on specified dates.
(4) 
Office paper shall be bundled separately and placed out for collection on specified dates.
B. 
The contractor shall refuse to furnish collection service to any person not complying with, or refusing to comply with, this chapter for the collection of refuse and the separation of recyclables and report the violation to the Director of Public Works.
C. 
Times for placement and removal of recycling containers and materials.
[Amended 10-15-2018]
(1) 
All recyclable materials shall be placed near the curb adjacent to the property (or near the alley adjacent to the property in areas where collection is from the alley), in an accessible location for the collection contractor, not earlier than 12:00 noon on the day before the regular collection day and not later than 6:00 a.m. on the day of collection. Collection routes shall be established by the City's contract with the collection contractor and as approved by the Director of Public Works.
(2) 
Recycling containers and any uncollected materials shall be removed from curbside (or alleyside) not later than 12:00 noon on the day following the collection day for that location and returned to private property for storage in accordance with § 5-6-26.
D. 
Recyclables generated outside of the City. No person shall transport any recyclable material generated outside the City limits into the City for collection through the City's recycling collection program.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 5-6-11F through O:
(1) 
Provide adequate, separate containers for the recyclables.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
(3) 
Provide for the collection of materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 5-6-11F through O from solid waste in as pure as form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 5-6-11F through O:
(1) 
Provide adequate, separate containers for the recyclables.
(2) 
Notify tenants in writing at time of renting or leasing the facility and at least semiannually thereafter about the established recycling program.
(3) 
Provide for the collection of materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 5-6-11F through O from solid waste in as pure a form as is technically feasible.
Any person using a recycling program other than that of the City of Two Rivers, and whose facility or property is within the City limits, is required to submit the annual tonnage of materials recycled and also of materials disposed of as solid waste. This report is to have supporting documentation and shall be submitted on or by January 31 for the previous year to the Director of Public Works.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 5-6-11E through O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
The burning of refuse and recyclable materials is hereby prohibited.
Compost materials may be placed in a compost pile, provided that such materials are placed in such a way as not to allow them to be wind blown. The depositing of garbage, pet waste, meat scraps, or other materials that may attract animals or vermin to the compost pile or which may provide an obnoxious odor shall be prohibited. A compost pile shall not be located less than 25 feet from any neighboring dwelling unit, less than 10 feet from the dwelling on whose property the compost pile is located, less than 2 1/2 feet from any rear or side lot line, or within any required front yard, as defined in Chapter 10-1, Zoning Code, of the Code of the City of Two Rivers. In no event shall a compost pile be located in any side or rear yard drainage or utility easement. A compost pile shall not exceed four feet in height, 15 feet in side length or 100 square feet in total ground or base area.
No person shall throw any glass, excavating or building materials, rubbish, refuse, junk, yard waste, recyclable materials, liquid or solid waste, tires, car batteries, appliances, filth or other litter upon the streets, alleys, highways, public parks or other property of the City or upon any private property not owned by him/her or upon the surface of and/or under any body of water within the City.
A. 
Storage of refuse.
(1) 
All persons who generate refuse shall store such refuse in nonrusting, watertight, rodentproof containers made of galvanized iron or other substantial, suitable material. These containers shall be furnished and maintained in good and clean condition by the occupants of all buildings for refuse materials defined above. As far as possible, these containers shall be placed out of public view and shall in no case be kept or stored in a front yard or street side yard as defined in § 10-1-7 of the Zoning Code, except:
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(a) 
When such containers are placed at the edge of the street for collection as specified under § 5-6-23C, Times for placement and removal of refuse containers and materials.
(b) 
When the placement/storage of such containers in the front yard or street side yard of a property has been authorized by the Director of Public Works, based on a determination that there are no practicable alternatives for the placement/storage of such containers on the subject property. The Director of Public Works may impose conditions on such authorization as deemed necessary to protect the public health, safety and welfare.
(c) 
The decision of the Director of Public Works as addressed in Subsection A(1)(b) above may be appealed to the Public Works Committee, which may authorize placement/storage of such containers in the front yard or street side yard and may impose conditions on such authorization as it deems necessary to protect the public health, safety and welfare.
(2) 
It shall be permissible within the times specified under § 5-6-23C, Times for placement and removal of refuse containers and materials, to place containers at the street for pickup. It shall be permissible within the times allowed under § 5-6-23C to place closed plastic refuse bags at least 1.5 mils thick at the street for pickup. These containers, either can or bag, shall conform to the following descriptions:
(a) 
Refuse shall be placed in sturdy plastic bags or in containers which are made out of metal or plastic with tapered sides and provided with a tight-fitting cover and strong handles, or other containers approved by the Director of Public Works. Each container shall have a capacity of not more than 32 gallons.
(b) 
No refuse shall be picked up by the City's refuse contractor anywhere in the City unless a refuse sticker is properly attached to the plastic bag or the metal/plastic container. Each plastic bag or metal/plastic container shall have a capacity of not more than 32 gallons. If one plastic bag or metal/plastic container is not sufficient to hold the quantity of refuse accumulated between collections, a sufficient number of plastic bags or metal/plastic containers shall be provided by the owner. All garbage shall be wrapped securely before placing in the container.
(c) 
Toters may be used and shall not have a capacity of more than 90 gallons. Fee payment shall be considered in multiples of 30 gallons. For example, one ninety-gallon container shall have three stickers attached to it for disposal by the City's refuse contractor.
(d) 
All receptacles for household refuse shall be kept in a clean and sanitary condition, free from cracks, leaks, loose covers, etc.
B. 
Weight limits. Plastic bags, receptacles, or other items left for disposal shall weigh no more than 50 pounds each. No receptacle shall be so loaded that it cannot conveniently be lifted and dumped by one person.
C. 
Times for placement and removal of refuse containers and materials.
[Amended 10-15-2018]
(1) 
All refuse containers and materials placed for collection shall be placed near the curb adjacent to the property (or near the alley adjacent to the property in areas where collection is from the alley), in an accessible location for the collection contractor, not earlier than 12:00 noon on the day before the regular collection day and not later than 6:00 a.m. on the day of collection. Collection routes shall be established by the City's contract with the collection contractor and as approved by the Director of Public Works.
(2) 
Refuse containers and any uncollected materials shall be removed from curbside (or alleyside) not later than 12:00 noon on the day following the collection day for that location and returned to private property for storage in accordance with § 5-6-23A.
D. 
Removal of refuse. No person shall be allow accumulations of refuse on his/her property. All refuse accumulations that will fill a thirty-two-gallon plastic bag or metal/plastic container shall be disposed of within one week at a licensed landfill or picked up for disposal by a licensed refuse/recycling hauler.
E. 
Materials to be disposed of.
(1) 
Acceptable materials. Acceptable materials for disposal by the City include all refuse and other types of commercial and industrial refuse, provided such refuse originates from sources located within the City limits.
(2) 
Unacceptable materials. Any materials that do not meet the standards of this section or are toxic or hazardous shall not be placed for pickup.
(3) 
The contract between the City and the landfill operator and the regulations and restrictions contained therein are hereby adopted by reference.
F. 
Materials others pay cost of. Demolition wastes may be accepted at the landfill site, provided that the City shall not be responsible for the cost of such disposal. Such costs shall be paid by those persons, companies or corporations delivering the demolition wastes to the landfill site.
G. 
Mechanized collection. The Director of Public Works may authorize the use of equipment which exceeds the above limitations in order to facilitate mechanical collection.
H. 
Interference with refuse containers. No person other than the owner, occupant, tenant, authorized City officials, or their agents shall deposit any article or thing in any refuse container, nor remove, displace, injure, deface, destroy, uncover or disturb such refuse containers or the contents. In the case of refuse containers owned, leased or rented by the City of Two Rivers, no person shall be permitted to deposit any article or thing in any such refuse container except refuse generated on the property in which the container is located or refuse otherwise authorized by the City of Two Rivers to be placed in such container.
A. 
License required. No person shall be permitted to operate as a commercial refuse/recycling hauler without first having obtained a license therefor from the City Clerk. The City Clerk shall not issue the license until the application has been approved by the Director of Public Works and the City Manager and granted by the City Council. Each applicant shall also be required to furnish a letter of credit in the amount of $5,000 from an acceptable responsible institution. Each applicant shall also be required to furnish a certificate of liability insurance with limits of at least $25,000/$100,000/$300,000 on each licensed vehicle used in the City. A license fee as specified in the Schedule of Fees in Title 1 of this Code[1] shall be charged for each vehicle used in the business of refuse and/or recycling hauling in the City. Each license shall expire annually on the first day of July following its issuance.
[1]
Editor's Note: See Ch. 1-2, Fees.
B. 
Noncommercial haulers. Notwithstanding Subsection A, no person, firm or corporation which hauls refuse or recyclables generated solely by such person, firm or corporation shall be required to obtain a license hereunder. No such person, firm or corporation shall, however, dispose of any such refuse at a licensed landfill and charge the cost for such disposal to the City of Two Rivers. Noncommercial haulers are responsible to report amounts of refuse and/or recyclables disposed of if the amounts are over 10 tons per year.
C. 
Vehicle requirements. All vehicles used by commercial refuse haulers to collect or haul refuse shall be covered over the part of the vehicle which contains the refuse and/or recyclables and shall be so constructed that no garbage and/or recyclables can spill, leak or break. Such vehicles shall be kept clean and as free from offensive odors as possible. While any refuse and/or recyclables are contained in any such vehicle, the vehicle shall not be kept on any street, alley or public place, or upon any private premises in the City longer than is reasonable necessary to collect the refuse and/or recyclables and transport it for disposal. No vehicles may be kept overnight with any refuse and/or recyclables stored in the vehicle, unless the vehicle is removed by 8:00 a.m. the following morning. No vehicles may be parked at any time in any area not zoned to permit the location of a refuse and/or recycling hauling or processing business, whether loaded or unloaded, except while making collections.
D. 
Collection and disposal. Each commercial refuse/recycling hauler shall make arrangements with his customers to collect refuse/recyclables on a specific day and shall collect all refuse/recyclables on the day scheduled for collection. All refuse collected shall be disposed of at a licensed landfill. All recycling materials shall be disposed of at the Manitowoc County Recycling Facility or through arrangements made with Manitowoc County for processing of recyclable material for market.
E. 
Reporting requirements. All refuse/recycling haulers shall make quarterly reports to the Director of Public Works. These reports shall be due within 30 days after March 31, June 30, September 30 and December 31. These reports shall include, but not limited to, customers served inside the City, refuse tonnage collected inside the City and recycling tonnage collected in the City. The recycling tonnage collected shall be submitted for each item listed under § 5-6-11 or otherwise required by the Department of Natural Resources. The means and methods to be used for compiling the report shall be submitted with the annual license application or whenever the means and methods are revised or changed through the licensing period. All means and methods shall be approved by the Director of Public Works.
F. 
Dumpsters.
(1) 
Commercial haulers are responsible for the use of and maintenance of refuse dumpsters. Dumpsters shall be secured at all times when not in use. Dumpsters shall be placed as far as possible from public view. Should the City Manager, the Director of Public Works, or the Police Chief determine that a dumpster located on private property constitutes a nuisance or hazard, it shall be removed or relocated as directed by that official. The City Manager, Director of Public Works, or Police Chief may order the removal of any dumpster from the public right-of-way at his discretion.
(2) 
Dumpster permits. No person or commercial hauler shall place a dumpster on streets or other public rights-of-way without first obtaining a permit to do so from the Director of Public Works ("Director") or his/her authorized representative. Any person seeking to place dumpsters on streets or public rights-of-way shall submit a written application for permit in a form approved by the Director. No dumpster may be placed in a public street or right-of-way unless barricades approved by the Director are placed on both ends of the dumpster, or reflective tape approved by the Director is placed on all sides of the dumpster in accordance with drawings and specifications prepared by the Director. If barricades are used, flashing lights must be placed on the barricades when they remain in the place at any time from 4:00 p.m. to 8:00 a.m. If reflective tape is used, such tape shall be at least six inches in width. If barricades are rented from the City, the City may impose a rental fee of at least $5 a day for their use, which fee shall be payable on submission of the application for permission. Dumpsters must be secured to prevent the spread of debris from the dumpsters. Each applicant shall be required to agree in writing to indemnify and hold the City harmless from any and all claims, actions, liabilities, demands or obligations of any nature whatsoever arising from the placement of the dumpster in a street or other public right-of-way, including actual attorneys' fees and expenses incurred by the City in defending itself therefrom, and agree to comply with all applicable law, ordinances, regulations and any special conditions as are imposed by the Director of Public Works or his/her designee. The City Manager, Police Chief or the Director of Public Works may order any dumpster removed at his discretion, at the cost of the person who applied for permission to place the dumpster. No household refuse shall be allowed to be disposed of in any residential dumpster, and the dumpster shall be emptied at least every two weeks unless otherwise stated in the permit.
A. 
It shall be unlawful for any person, other than the City's contractor(s), to remove any items in or adjacent to City recycling containers, including but not limited to newspapers, aluminum cans, plastic jugs, and glass bottles or containers.
B. 
The theft of any City recycling container or refuse sticker shall be unlawful. Any person, other than the owner, commits theft when he knowingly:
(1) 
Obtains or exerts unauthorized control over a City recycling container or refuse sticker; or
(2) 
Obtains, by deception, control over a City recycling container or refuse sticker; or
(3) 
Obtains, by threat, control over a City recycling container or refuse sticker; or
(4) 
Obtains control of a stolen City recycling container or refuse sticker knowing the City recycling container or refuse sticker to have been stolen by another under such circumstances as would reasonably induce such person to believe that the property was stolen; and:
(a) 
Intends to permanently deprive the owner of the use or benefit of the City recycling container or refuse sticker; or
(b) 
Knowingly uses, conceals or abandons the City recycling container or refuse sticker in such manner as to permanently deprive the owner of such use or benefit; or
(c) 
Uses, conceals or abandons the City recycling container or refuse sticker knowing such use, concealment or abandonment will probably permanently deprive the owner of such use or benefit.
C. 
No person shall damage, by any means, a City recycling container without the consent of the City.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
A. 
As far as possible, the containers in which recyclable materials are to be kept for purposes of disposal under this chapter shall be placed out of public view, and shall in no case be kept or stored in a front yard or street side yard, as defined in § 10-1-7 of the Zoning Code, except:
(1) 
When such containers are placed for collection in the areas and during the times for collection recyclables as otherwise provided in this chapter; or
(2) 
When the placement/storage of such containers in the front yard or street side yard of a property has been authorized by action of the Director of Public Works, based on a determination that there are no practicable alternatives for the placement/storage of such containers on the subject property. The Public Works Director may impose conditions on such authorization as he deems necessary to protect the public health, safety and welfare.
B. 
This provision includes a right to appeal the decision of the Director of Public Works for consideration by the Public Works Committee.
A. 
Any authorized officer, employee, or representative of the City of Two Rivers may inspect recyclable materials separated for recycling; post-consumer waste intended for disposal, collection sites and facilities; collection vehicles; collection areas of multiple-family dwellings and nonresidential facilities and properties; solid waste disposal facilities and solid waste treatment facilities; and any records relating to recycling or solid waste disposal activities for the purpose of ascertaining compliance with the provision of this chapter. No person may refuse access to any authorized officer, employee or authorized representative of the City of Two Rivers who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
B. 
Any person who violates any provision of this chapter or any order, rule or regulation made or adopted hereunder or if any person shall obstruct or hinder any authorized officer, employee or representative of the City of Two Rivers in the performance of his/her duty may be issued a citation by the City of Two Rivers Police Department, Fire Department, Inspections Department or the Director of Public Works, or his/her representative to collect forfeitures. In addition to any other remedies available to the City, such person shall be subject to the general provision penalties of § 1-1-5 of this Code. Each violation and each day the violation continues or occurs shall constitute a separate offense. Nothing in this section shall preclude the City from maintaining any appropriate action to prevent or to remove a violation of any provision of this section. 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.