[HISTORY: Adopted by the Common Council of the City of Park
Falls as Title 8, Ch. 3, of the 1997 Code. Amendments noted where
applicable.]
It is hereby declared to be the purpose and intent of this chapter
to enhance and improve the environment and promote the health, safety,
and welfare of the City of Park Falls by establishing minimum requirements,
standards, and fees for the disposal of refuse.
For the purpose of this chapter, the following words and phrases
shall have the meanings given herein unless different meanings are
clearly indicated by the context:
All products made of aluminum, including aluminum cans, foil,
wrappers, pie pans, containers for prepared dinners or other foods,
screen frames, and lawn chairs. "Aluminum" does not include aluminum
that is mixed in with commercial or municipal litter or refuse as
the result of the failure of citizens or business invitees to separate
aluminum from other discarded material outdoors or in publicly accessible
areas of buildings.
Thin, stiff, non-wax-coated, corrugated pasteboard paper
material, not including wax-coated cardboard, cereal boxes, laundry
detergent boxes, or similar dry goods material containers.
Refuse or recyclable materials generated by retail businesses,
hotels, motels, taverns, restaurants, services, or professional activities,
but excluding residential waste and industrial waste.
The Director of Public Works of the City of Park Falls.
Putrescible animal or vegetable waste resulting from the
handling, preparation, cooking, serving, or consumption of food and
including nonrecyclable food containers.
All products made from silicon, sand, soda ash, or limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matters and all other materials commonly known
as "glass" excluding window glass, mirrors, ceramics, china, light
bulbs, broken or unclean glass and any other nontransparent or nontranslucent
glass. "Glass" does not include glass that is mixed in with commercial
or municipal litter or refuse as a result of the failure of citizens
or business invitees to separate glass from other discarded materials
outdoors or in publicly accessible areas of buildings.
Paper having a shiny surface including, but not limited to,
magazines, catalogs, and newspaper inserts. "Glossy paper" does not
include newsprint or other unfinished paper or paper that is not suitable
for recycling purposes or is in a state that makes separation unreasonable
or unduly expensive for reasons including, but are not limited to,
the following:
The paper has been put to another use, such as wrapping of garbage,
and is thus rendered unfit for commercial recycling; or
The paper is no longer flat and folded to the approximate dimensions
of its original condition; or
The paper is mixed in with commercial or municipal litter or
refuse as the result of the failure of citizens or business invitees
to separate glossy paper from other discarded material outdoors or
in publicly accessible areas of buildings; or
The paper has been damaged or altered by any other means so
as to make commercial recycling impossible or unduly difficult.
Waste designated as hazardous by federal or state laws and
regulations.
Refuse generated by industries and manufacturing which remains
are a by-product of their manufacturing process in an amount exceeding
one ton per week.
Items made purely of copper, brass, lead or iron, but excluding
tin cans and white goods.
That portion of newspapers or periodicals which remain in
substantially original condition at the time of disposal such that
the material is suitable for commercial grade recycling. "Newsprint"
does not include glossy paper or paper commonly used in the production
of magazines, books, and other physical media for written material
other than newsprint as commonly used in newspapers and paper that
is not suitable for recycling purposes or is in a state that makes
separation unreasonable or unduly expensive for reasons that include,
but are not limited to, the following:
The paper has been put to another use, such as wrapping of garbage,
and is thus rendered unfit for commercial recycling; or
The paper is no longer flat and folded to the approximate dimensions
of its original condition; or
The paper is mixed in with commercial or municipal litter or
refuse as the result of the failure of citizens or business invitees
to separate glossy paper from other discarded material outdoors or
in publicly accessible areas of buildings; or
The paper has been damaged or altered by any other means so
as to make commercial recycling impossible or unduly difficult.
All Pyrex glass, window glass, light bulbs, mirrors, broken
glass, china, Styrofoam and melamine-type plastics, including cottage
cheese containers, plastic wraps and egg cartons, all wax paper, wax-coated
cardboard, envelopes with gummed labels or plastic windows, tin cans,
rubbish and garbage. Nonrecyclable material includes recyclable materials
that are mixed in with commercial or municipal litter or refuse as
a result of the failure of citizens or business invitees to separate
recyclable materials from other discarded material outdoors or in
publicly accessible areas of buildings. Nonrecyclable material includes
all material not deemed recyclable material by the Public Services
Committee of the Common Council of the City of Park Falls.
Any person, persons, firm, partnership, association, corporation,
company, or organization of any kind.
Any of a group of synthetic or natural organic materials
that may be shaped when soft and then hardened including resins, resinoids,
polymers, cellulose derivatives, casein materials and proteins such
as milk containers, juice containers, carbonated beverage containers,
soap containers and bleach containers; but not including cottage cheese
containers, plastic wraps, egg cartons or any form of Styrofoam. "Plastics"
does not include plastic that is mixed in with commercial or municipal
litter or refuse as a result of the failure of citizens or business
invitees to separate plastics from other discarded materials outdoors
or in publicly accessible areas of buildings.
All material deemed as recyclable by the Public Services
Committee of the Common Council of the City of Park Falls. Recyclable
materials may include but are not limited to or wholly inclusive of
newsprint, glossy paper, plastics, cardboard, aluminum, waste oil,
and metals depending upon the commercial market conditions at any
given time.
Discarded waste materials in a solid or semiliquid state
consisting of garbage, rubbish, nonrecyclable materials or a combination
thereof and excluding recyclable materials, hazardous waste, tires,
sludge, dirt, gravel, construction debris, white goods, trees, and
stumps.
A group of rooms located within a building and forming an
inhabitable unit or units with facilities that are used or intended
to be used for living, sleeping, cooking, and eating, including single-family
dwellings, and units in duplexes, triplexes, and multifamily units.
Refuse and recyclable materials from a residential unit.
Nonputrescible waste consisting of combustible and noncombustible
material and discarded, relatively dry miscellaneous materials, comprised
chiefly of wood, nonrecyclable paper, rags, excelsior, straw, leather,
sweepings from buildings and similar discarded articles of combustible
and noncombustible nature.
The interim containment of refuse and recyclable material
in an approved manner after generation and prior to collection and
ultimate disposal.
Areas where persons place refuse and recyclable material
during noncollection days as well as areas where refuse and recyclable
material are set out on collection day.
A building designed to accept refuse for the purpose of transferring
the refuse to a disposal site.
All used auto crank case, transmission, motor, or hydraulic
oil.
Large metal or porcelain items, including washers, dryers,
sinks, dishwashers, stoves, ovens, refrigerators, water heaters, water
softeners, freezers, bath tubs, toilets, and furnaces.
Unwanted or discarded materials from real property consisting
of leaves, grass clippings, sawdust and twigs, shrubs and brush less
than one inch in diameter.
A.
Title. This chapter shall be known as the "Municipal Waste Collection
and Disposal Ordinance of the City of Park Falls, Wisconsin," hereinafter
referred to as ordinance or chapter.
B.
Residential waste. All refuse produced by residential units in the
City shall be collected and disposed of by the City or by persons
hired or contracted by the City to perform such service.
C.
Nonresidential waste. All refuse produced by entities that are not
residential units shall be collected and disposed of by the entity
or by persons hired or contracted by the entity to perform such service.
D.
Supervision. The collection of refuse as defined herein shall be
under the supervision of the Director of Public Works who shall make
such regulations as are necessary regarding the collection of refuse
with the approval of the Common Council. Enforcement of health regulations
relating to refuse disposal shall be the responsibility of the Health
Officer of the City of Park Falls.
E.
Private disposal of refuse. This chapter shall not prohibit the actual
producers of refuse or the owners of residential units upon which
refuse has been accumulated from personally collecting, conveying,
and disposing of refuse at the transfer station, provided such producers
or owners comply with other provisions of this chapter.
F.
Billing for services. All residential units within the City of Park
Falls shall receive refuse collection services as set forth in this
chapter and in accordance with locations and schedules to be determined
by the City. Each residential unit shall be billed for said service
as a City utility on a quarterly basis.
Storage areas for refuse shall be kept in a nuisance- and odor-free
condition. Litter shall not be allowed to accumulate. The occupant
and/or owner of the premises shall be responsible for cleaning up
litter in storage areas.
A.
Yard waste. All residential units will be permitted to dispose of
yard waste through regular monthly pickups. All yard waste shall be
separated from all other refuse or recyclable material and shall be
placed in a separate container for collection than that used for collection
of other refuse or recyclable material. Yard waste shall not be deposited
at the transfer station.
B.
C.
Restriction on time of placement. All receptacles and containers
for refuse that are placed on the curb of a public street for collection
as designated by the collector shall be placed behind the curb of
the public street not earlier than 24 hours before the regular collection
time and shall be removed form the curbside collection point within
24 hours after the regular collection time.
A.
Dead animals. It shall be unlawful to place any dead animal, or parts
thereof, in a container for collection; provided, however, this section
shall not apply to animal parts from food preparation for human consumption.
B.
Ashes. It shall be unlawful to place hot ashes for collection. Ashes
that are cool and dry may be placed for collection in a cardboard
container.
C.
Improper placement. A person may not deposit, throw, or place any
refuse in any park, lane, alley, street, public grounds, or public
place nor place any refuse upon any private property not owned by
such person.
D.
Improper transportation. It shall be unlawful to transport any refuse
or recyclable material in any vehicle where it permits the contents
to blow, sift, leak or fall therefrom. If spillage does occur, the
person shall immediately return spilled materials to the collection
vehicle and shall properly clean, or have cleaned, the area.
E.
Noncollectible materials.
(1)
Unless specifically authorized by the Director of Public Works, it
shall be unlawful for any person to place for collection or dispose
of at the transfer station any of the following:
(2)
The aforementioned materials shall be disposed of in the manner prescribed
by federal and state laws. The disposal of materials that are without
regulation by federal or state law for the disposal thereof shall
be disposed of in a manner determined by the Director of Public Works.
F.
Refuse from outside of municipality. It shall be unlawful to bring
refuse from outside the corporate City limits into the corporate City
limits for collection and disposal by the City, other collectors,
or at the transfer station, unless specifically authorized by agreement
with the City.
A.
Refuse collection. No person shall engage in the business of collecting
refuse and garbage in the City without first obtaining from the City
a license to do so. Applications for licenses shall be presented to
the Common Council on forms prepared by the City Clerk or Treasurer
and shall be accompanied by the license fee in an amount as set from
time to time by the Common Council. Prior to final action on such
application the same shall be referred to the Health Department for
consideration and report thereon to the Common Council. The City Clerk
or Treasurer shall provide the person obtaining a license with a printed
or written license containing a number identical to the number of
the license on record in the office of the City Clerk or Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Permit required. No person shall engage in the business of collecting
garbage in the City without first obtaining a City license to do so
and as a requirement of obtaining a license in the City, all residential
haulers shall deliver for disposal all residential garbage gathered
to the City-owned transfer station. The aforementioned requirement
of disposal at the City-owned transfer station does not apply to disposal
of commercial or industrial garbage. Applications for the license
shall be presented to the Common Council on forms prepared by the
City Clerk or Treasurer and shall be accompanied by the license fee
as determined by the Public Services Committee of the Common Council.
Prior to final action of such application, the same shall be referred
to the Public Services Committee for consideration and report thereon
to the Common Council. The City Clerk or Treasurer shall provide the
person obtaining a license with a printed or written license containing
a number identical to the number of the license on record in the office
of the City Clerk or Treasurer.
C.
Convenience and necessity. In the granting of permits for the collection
of garbage and refuse, the Council shall take into consideration the
necessity and convenience of granting such permit and unless the applicant
for such permit can prove it necessary and convenient for the benefit
and welfare of the citizens of the City, no such permit for such collection
shall be issued.
A.
Limitation on garbage collection licenses. The number of licenses
that may be granted under this chapter for garbage collection shall
not exceed one license per 1,000 residents of the City of Park Falls.
Such a license shall be a one-year license in effect from February
1 to January 31 of the following year. All present haulers must comply
with this chapter.
B.
No restriction on number of refuse collection licenses. The number
of licenses that may be granted under this chapter for collection
of refuse shall not be limited. Such licenses shall be an annual license
in effect from February 1 to January 31 of the following year.
C.
Transfer of license. Licenses may be transferred at any time upon
application to the City Clerk or Treasurer, payment of a transfer
fee in an amount as set from time to time by the Common Council, and
approval by the Common Council. The City Clerk or Treasurer shall
thereupon issue a new license to the transferee for the unexpired
portion of the license, subject, however, to all of the terms and
conditions of this chapter. No license transfer or reissuance of a
revoked license to a nonlicensee shall be approved for a period of
90 days after a notice of intent to transfer or of revocation of said
license has been conveyed to all licensees at the time and the City
is satisfied that such notification has been duly made.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Compliance with ordinances and regulations. It is a condition of
all licenses granted under this chapter that the license holder shall
comply with the ordinances of the City, the rules, regulations and
orders of the local and State Boards of Health, and the Wisconsin
Statutes relating to the collecting, hauling and disposal of refuse.
E.
Bid for services. The City shall bid the collection of all residential refuse within the City for a contract period not to exceed five years unless such contract is extended for an additional five-year period by the Common Council. Bid specifications shall be published and bids taken not less than 60 days prior to the termination of the prior contract. Bid documents must include the license requirements and vehicle permit liability provisions of this chapter. The successful bidder shall automatically receive the license under § 392-7 and this section.
A.
The Common Council may revoke or suspend any license or permit issued
under this chapter for cause after hearing and on three days' notice
to the holder thereof. No person whose license or permit has been
revoked shall again be issued such license or permit under this chapter
within one year from the date or revocation.
B.
In the event that a plan of municipal garbage collection is adopted,
the Common Council may terminate any license issued under this chapter
without hearing, on 30 days' written notice to the license holder
that any such collection is being established.
No license shall be issued until the applicant has furnished
satisfactory proof that he has in full force and effect a public liability
insurance policy in a company authorized to do business in the State
of Wisconsin, for his total operation in the amount of $1,000,000
per person, $1,000,000 per occurrence and an additional $1,000,000
complete liability umbrella policy covering injury, death or destruction
of property of any person other than the licensee.
A.
Each vehicle used by a licensee for the collecting of garbage shall
first be issued a permit as approved by the Common Council. The permit
term shall coincide with that of the license under which the vehicle
is operated. Prior to issuance of any such permit, the vehicle shall
first be inspected and approved by the Health Officer or the duly
authorized representative of the Health Officer.
B.
Application for permit for a vehicle collecting garbage shall be
on a form prepared by the City Clerk or Treasurer. The annual permit
fee shall be in an amount as set from time to time by the Common Council.
The permit shall not be transferable between vehicles. The City Clerk
or Treasurer shall provide the person obtaining a permit with a printed
or written permit containing a number identical to the number of the
permit on record in the office of the City Clerk or Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Every vehicle used by a licensee for the collection of refuse shall
be issued a permit by the Common Council. The permit term shall coincide
with that of the license under which the vehicle is operated. Prior
to issuance of any such permit, the vehicle shall first be inspected
and approved by the Health Officer or the duly authorized representative
of the Health Officer.
D.
Application for permit for vehicle collecting refuse shall be on
a form prepared by the City Clerk or Treasurer. The annual permit
fee shall be in an amount as set from time to time by the Common Council.
The permit shall not be transferable between vehicles. The City Clerk
or Treasurer shall provide the person obtaining a permit with a printed
or written permit containing a number identical to the number of the
permit on record in the office of the City Clerk or Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Vehicles used by licensed operators shall have painted or otherwise
securely affixed on both sides of the vehicle used, the name and address
of the owner and the City garbage hauler license and vehicle permit
number, in letters and numbers not less than three inches in height,
in contrasting colors and ordinarily visible at a distance of 50 feet.
If such vehicle breaks down or otherwise becomes mechanically immobilized,
the temporary use of a substitute vehicle not having a permit may
be made only upon permit issued by the City Clerk or Treasurer upon
approval of the vehicle in writing by the Health Director or his duly
authorized representative. Such temporary permit shall be kept in
the substitute vehicle and be readily available upon request of the
Health Director or his duly authorized representative. The temporary
permit of any vehicle shall become void when the vehicle for which
it was substituted is again put into operation.
F.
The Director of Public Works or Health Officer or the duly authorized
representative of either may temporarily suspend any permit issued
under this chapter for a violation of any provision of the chapter
for a period not exceeding three days, or may revoke such permit,
after an opportunity for hearing before the Common Council upon 10
days' personal notice to the permittee.
A.
Construction. All trucks or other vehicles used by garbage collectors
shall be of substantial construction and the body shall be watertight
or shall be a type commonly known as "packers." No vehicle shall be
loaded so that the contents shall fall or blow from the vehicle. In
the case of combustible refuse, the vehicle shall be equipped with
a covering or the combustible refuse covered with a tarpaulin or a
similar covering in such a manner as to prevent the combustible refuse
from falling or blowing from the vehicle.
B.
Parking restrictions. No person shall park or cause to be parked any such vehicle as described in Subsection A and used by such garbage collector in any R1 to R5 (Single-Family Residential, Two-Family Residential, Multiple-Family Residential Districts, Mobile Home Residential District), in any C-1 to C-2 (Commercial Districts) of the City for more than one hour.
The accumulation or deposit of garbage, trash or putrescible
animal or vegetable matter in or upon any lot or land or any public
or private place within the City which causes the air or environment
to become noxious or offensive or to be in such a condition as to
promote the breeding of flies, mosquitoes or other insects, or to
provide a habitat or breeding place for rodents or other animals,
or which otherwise becomes injurious to the public health is prohibited
and declared to constitute a nuisance.
All stored manure from any animals shall be kept only in fly-proof
and impervious containers which are kept and maintained in good repair.
No person shall burn any garbage within the City of Park Falls.
No person shall burn any trash in any receptacle other than an incinerator
which is approved by the Fire Department or its designee based on
its durability and suitability for use in accordance with applicable
governmental regulations and standards.
A.
Residential.
(1)
Residential charges for refuse and recyclable materials collection
and/or disposal shall be determined by resolution of the Common Council
of the City of Park Falls from time to time and the standard fee for
one receptacle of refuse shall be billed following service to each
residential unit on the quarterly municipal utility bill. Each residential
unit as defined in this chapter shall receive one quarterly bill for
collection and disposal as determined by the City Clerk or Treasurer's
office.
(2)
The Common Council of the City of Park Falls shall determine the
fee for additional refuse beyond the standard of one receptacle and
shall determine the method of collection of that fee.
(3)
Residential charges for refuse and recyclable collection and disposal
shall be as follows:
(a)
The charges shall be determined by the price of the bid received
and accepted by the City from haulers licensed under this chapter.
(4)
Where commercial uses are maintained at or in conjunction with a
residential unit(s), the residential unit(s) shall be deemed commercial
for the purpose of this chapter and billing purposes.
B.
Delinquent charges. Any charges for refuse and recyclable materials
collection and/or disposal which are delinquent by November 1 of the
year of the delinquency shall be made a special assessment and lien
against the real property to which the services were provided. When
an account becomes 30 days delinquent, the City Clerk or Treasurer's
office shall send a thirty-day delinquency notice to both the resident
and the property owner, if they are different, advising them that
failure to pay the account shall result in assessment against the
real property as set forth above. The administrative cost of the delinquency
notice sent by the City Clerk or Treasurer shall be added to the delinquent
bill as a 1.5% monthly charge.
C.
Billing adjustment. An adjustment to the fee assessed for disposal
and/or collection of refuse and recyclable materials shall be at the
discretion of the Common Council of the City of Park Falls. Requests
for adjustment of fees must be made to the City Clerk or Treasurer's
office and reviewed by the Public Services Committee prior to consideration
by the Common Council.
In the absence of an agreement to the contrary, title to the
refuse placed for collection by the City shall vest in the City as
soon as it is placed for collection. In the absence of an agreement
to the contrary, title to refuse placed for collection by a private
entity shall vest in the private entity as soon as it is placed for
collection. In the absence of an agreement to the contrary, title
to the refuse placed in the transfer station shall vest in the owners
of the transfer station as soon as it is placed there. It shall be
a violation of this chapter for any person unauthorized by the City
to collect or pick up or cause to be collected or picked up any refuse
that are placed for collection by the City or by any authorized private
entity. Any and each such unauthorized collection of refuse in violation
hereof shall constitute a separate and distinct offense punishable
as provided for herein.
A.
Notices. In all instances where inspections reveal violations of
this chapter and regulations authorized herein or the laws of this
state, police or health officers shall issue a written notice for
each such violation, stating therein the violation found, the date
and time of such violation and the corrective measures to be taken,
together with the time in which such correction shall be made. The
time limit set for the correction of violations shall be reasonable
and consistent. Police or health officers shall consider time needed
for repairs or purchases to correct deficiencies, public health and
consistent time limits for like violations. Time limits shall not
be greater than 10 days nor less than 24 hours.
B.
Special collections for violations. If any entity, including those
receiving collection from a private firm, is found in violation of
the collection and storage requirements of this chapter and fails
to comply with the notification and/or citation, law enforcement or
health officers shall be empowered to order a special collection to
remove such violation. The entity shall be notified of such special
collection and charges therefor. This special collection shall be
made and if the billing is unpaid, the bill shall be considered a
lien on the property and shall be placed on the tax roll. A person
shall not use the special collection provisions of this chapter to
circumvent requirements for collection by a private firm.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who violates any of the provisions of this chapter shall be subject to the penalties as set forth in § 1-2, General penalty, of this Code.
