[Adopted 1-4-2023 by Ord. No. 2023-1[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Solid Waste Management, adopted 1-2-1991 as Title 6, Ch. 3 of the 1991 Code, as
amended.
This article shall be known as the "Solid Waste Management Ordinance
of the Town of Cedarburg," hereinafter referred to as "this article."
It is hereby declared to be the purpose and intent of this article
to enhance and improve the environment and promote the health, safety
and welfare of the Town by establishing minimum standards for the
storage, collection, transport, processing, separation, recovery and
disposal of solid waste.
For the purpose of this article, the following words and phrases
shall have the meaning given herein, unless different meanings are
clearly indicated by the context:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Items whose large size prevents placement in a refuse cart
or precludes or complicates their handling by normal collection, processing
or disposal methods.
All structures except for single- and two-family homes.
That portion of solid wastes consisting of wastes from the
repair, remodeling or reconstruction of buildings, such as lumber,
roofing and sheathing scraps, rubble, broken concrete, asphalt and
plaster, conduit, pipe, wire, insulation and any other materials resulting
from the demolition of buildings and improvements.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for the purposes of this article.
Includes every refuse accumulation of animal, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit or vegetables originally
used for foodstuffs.
Those wastes, such as toxic, radioactive or pathogenic substances,
which require special handling to avoid illness or injury to persons
or damage to property and the environment.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Solid waste scattered about in a careless manner, usually
rubbish.
Solid waste from agricultural, commercial, industrial or
institutional activities.
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
Collection services provided by a person licensed to do the
same by the DNR.
Waste material that can be remanufactured into usable products
and shall include, by way of enumeration but not by way of limitation,
glass, plastics, newspapers, cardboard and metals (aluminum, steel,
tin, brass, etc.).
Includes all waste material, including garbage, rubbish and
industrial waste, and shall, by way of enumeration but not by way
of limitation, include ash, boards, furniture or household appliances
and bulky items.
Includes all carts that are approved and/or purchased from
the Town of Cedarburg or provided by the refuse collection contractor.
The minimum refuse cart size shall be 35 gallons, with the maximum
refuse cart size not to exceed 96 gallons.
All solid waste that normally originates in a residential
environment from residential dwelling units.
An individual household capable of independent habitation
by a family unit. A single-family dwelling shall be considered to
be one residential unit; a multifamily dwelling shall be considered
to be multiple residential units, the number of residential units
to equal the number of family units to be housed therein. Residential
units shall not include boardinghouses, motels, resorts or bed-and-breakfasts.
Includes combustible and noncombustible waste material, except
rocks, concrete, bricks and similar solid materials, plaster or dirt
that is incidental to the operation of a building, or recyclables.
The uncontrolled removal of materials at any point in solid
waste management.
Needles, syringes with needles attached and disposable lancets.
That part of the road right-of-way, normally gravel, that
lies between the edge of pavement and the side of the ditch.
Garbage, rubbish, refuse, and other useless, unwanted or
discarded material from agricultural, residential, commercial, industrial
or institutional activities. Solid waste does not include solid or
dissolved material in domestic sewage.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
Storage areas shall be kept in a nuisance- and odor-free condition.
Litter shall not be allowed to accumulate. Collection crews will not
be responsible for cleaning up loose materials from any containers
which have become ruptured or broken due to weather conditions, animals,
vandalism or other cause. The occupant and/or owner shall be responsible
for cleaning up this litter. Litter not collected shall not be allowed
to accumulate. Violation will result in the occupant and/or owner
being notified to clean up his area, with continued violation resulting
in the owner being prosecuted under the provision of this article
and other Town ordinances.
A.
General container standards. All refuse containers or carts shall be as described in § 273-3 of this article. They shall be maintained in a nuisance- and odor-free condition and shall be sufficient to prevent the scattering of contents by weather conditions or animals.
B.
Approved containers. All garbage created, accumulated or produced
shall be deposited in refuse containers or carts of a type approved
by the Town and/or refuse collection contractor.
(1)
After December 31, 2010, except as provided herein, only approved
refuse carts shall be used by residents of the Town for the collection
of refuse. No household may have more than two carts per residence.
(a)
Residents with a permanent physical limitation or disability
that makes it unreasonably difficult or not possible to use a refuse
cart for collection at a residential unit, and for whom no regular
assistance with the refuse carts is available, may apply to the Director
of Public Works for an exemption from the refuse cart requirement
for the residential unit. However, if such exemption is granted, the
only other type of containers that may be used are plastic bags of
not more than 32 gallons in size and its contents of refuse weighing
less than 50 pounds.
(2)
All newly constructed homes receiving occupancy permits after January 1, 2023, shall be required to contact the contracted refuse collector to request a refuse cart be delivered to their new home property. No household may have more than two carts per residence. Refuse not contained within the cart (overflow) will not be collected, unless in compliance with Subsection B(1) above or Subsection B(3) below.
(3)
Town residents may bring overflow refuse to the Town yard (that area
adjoining the Town Hall and Town Garage and surrounded by a chain-link
fence) for placement in assigned containers. Overflow shall not contain
recyclable material, shall not contain any hazardous or prohibited
material, and shall consist only of refuse generated in the Town of
Cedarburg. All overflow refuse must be in plastic bags. No large or
bulk items may be dropped off. These items will require a special
pickup as defined in this article. Dropoff will only be accepted during
regular business hours for Town Hall or during Town yard open hours
on designated weekends. During regular business hours, residents must
check in at Town Hall prior to depositing the overflow refuse. During
Town yard designated weekend hours residents must check in with the
yard attendant before depositing overflow refuse.
C.
Ashes. Cold, completely extinguished ashes shall be placed within
a paper or plastic bag prior to depositing the ashes in a refuse cart.
A.
Placement for collection: residential.
(1)
Residential solid waste shall be accessible to collection crews.
All refuse and rubbish for collection shall be placed on a relatively
level area in front of the premises adjacent to but not on the roadway.
"Adjacent" for the purpose of this article shall mean no farther than
three feet from the edge of the road pavement. Bulky wastes from residential
units shall likewise be placed in neat, orderly fashion adjacent to
the roadway. Carts shall be positioned with the lid opening facing
the road. If multiple carts are placed at a single location, the carts
shall be placed at least three feet apart. During winter months, solid
waste shall not be placed on top of the snow bank, nor shall it be
placed in the roadway. The owner shall either shovel out an area on
the shoulder of the road in which to place their refuse or they shall
place it in their driveway. Collection crews and trucks will not collect
residential solid waste unless it is placed in close proximity to
the pavement of a public or private road. Residential units shall
bring their solid waste to the public right-of-way for collection
unless a written agreement exists with the Town for entry onto private
property. Should collection crews be unable to discharge contents
of refuse carts into collection vehicles using normal handing procedures,
the carts, including contents, will be left at roadside. The owner
shall make provisions to assure that the solid waste therein can be
collected on the scheduled collection day during the following week.
Collection crews will not empty refuse carts by means other than automated
dumping.
(2)
Loose garbage and rubbish shall be placed in refuse carts as described in § 273-3 of this article.
(3)
All refuse carts shall be maintained in a clean and structurally
sound condition.
(4)
Garbage and rubbish shall be placed in such a manner and the covers
so affixed that no garbage or rubbish will be blown onto the adjacent
pavement or surrounding ground.
(5)
Emptied refuse carts shall be removed from the roadside on the same
day of collection. Items not taken by the collector, because they
violate these regulations, shall also be removed the same day.
(6)
Rubbish which cannot be feasibly placed in refuse carts because of
its bulky size shall be set out individually or in bundles of less
than 50 pounds. Bulk and bundled items shall require a special pickup.
Residents have two options for bulk item collection. The resident
can either contact the contracted refuse collection contractor and
schedule a pickup for a fee or the resident can contact Town Hall
to schedule a bulk item collection for a fee. Refuse collection contractor
fees are provided by the contractor when scheduling the service. Town
fees for this service are listed in the Town Board approved fee schedule;
these payments will occur after the collection has occurred.
(7)
Bulky items, such as but not limited to refrigerators, washing machines and furniture, may be collected by the Town with equipment other than the compactor trucks. All bulky metal items and furniture shall require a special pickup as described in § 273-6A(6).
(8)
Branches, sticks and brush will not be collected as refuse. They
shall be placed in a pile on the road side of the ditch near the driveway,
if the resident wants the Town to collect them. After being notified
by the resident, the Town will collect these branches, sticks or brush,
and bill the resident, according to the current fee schedule. Roadside
collection shall be available from May 15 to October 15 each year.
B.
Restrictions on time of placement.
(1)
All refuse carts shall be placed in collection locations as designated in Subsection A above only after 7:00 p.m. on the evenings prior to the regular collection day and prior to 6:30 a.m. on the scheduled day of collection. All refuse carts for refuse and garbage disposal shall be removed from the roadside on the same day of collection unless the refuse is not collected due to unforeseeable circumstances, when it shall be collected the next day.
(2)
In case of a holiday or extremely inclement weather, the collection
will be made one day later than normally scheduled, unless notified
otherwise. (Holidays affecting garbage collection would be Memorial
Day and Labor Day and the following if they would fall on a Monday,
Tuesday or Wednesday: New Year's Day, Independence Day, Christmas
Eve, Christmas Day and New Year's Eve.)
(3)
Town employees, Town vehicles, or employees of licensed collectors
will not enter any structures or enter onto private property to remove
garbage or refuse, except by written agreement with the property owner.
(4)
Items not taken by the collector because of size, weight, volume
or packaging shall be removed the same day of collection, except that
bulk and bundled items, metals and appliances, scheduled for special
pickup shall be left for pickup at a later date.
C.
Refuse collection fee. As authorized by § 66.0405, Wis. Stats., there is hereby created a residential collection district for a specified classification of residential properties defined as a "residential unit" in § 273-3.
(1)
Residential units shall be assessed a special charge as authorized by § 66.0627, Wis. Stats., and Town Code § 10-12, which shall be referred to as a residential refuse collection fee.
(a)
The amount of the special charge for the residential refuse
collection fee shall be an amount approved by the Town Board as part
of the annual budget or as listed in the Town's Fee Schedule.
Such residential refuse collection fee shall be made payable by insertion
of the special charge on the tax roll for all residential properties.
(b)
If a parcel of real property contains multiple residential units,
such parcel shall be imposed a special charge for each residential
unit on such parcel.
(c)
The special charge for the residential refuse collection fee
shall be included as a special charge on the tax bills sent out in
December and shall be due and payable in full at the time set for
payment on the first installment of the real estate property tax.
The special charge for refuse collection shall not be payable in installments.
If the special charge is not paid within the period fixed by this
ordinance, then such special charge shall be deemed delinquent and
shall be extended upon the current tax roll as delinquent tax against
the property and all proceedings in relation to the collection return
and sale of property for delinquent real estate taxes shall apply
to such special charge, except as otherwise provided by Wisconsin
Statute.
(2)
Whenever a residential property or a residential unit is established
and that residential property and/or unit had not been included in
the special charge imposed on the real estate tax bill for such parcel,
the Town Clerk shall charge by sending an invoice of the expense of
refuse collection to said property.
(a)
The said invoice shall be due and payable within 60 days of
date of invoice. The invoice shall not be payable in installments.
If the invoice is not paid within the period fixed by this ordinance,
then such special charge shall be deemed delinquent and shall be extended
upon the current tax roll as delinquent tax against the property and
all proceedings in relation to the collection return and sale of property
for delinquent real estate taxes shall apply to such special charge,
except as otherwise provided by Wisconsin Statute.
A.
Dead animal. It shall be unlawful to place any dead animal, or parts
thereof, in a container for collection; provided, however, that this
subsection shall not apply to animal parts from food preparation for
human consumption.
B.
Undrained food wastes. It shall be unlawful to place any garbage
or other food waste in a container for collection unless it is first
drained and wrapped.
C.
Ashes. Cold, completely extinguished ashes contained within paper
or plastic bags may be placed within a refuse container for collection.
D.
Improper placement. It shall be unlawful to place, or allow to be
placed, any solid waste upon the roads, streets, or public or private
property within the Town contrary to the provisions of this article.
E.
Compliance with article. It shall be unlawful to store, collect,
transport, transfer, recover, incinerate or dispose of any solid waste
within the boundaries of the Town contrary to the provisions of this
article.
F.
Improper transportation. It shall be unlawful to transport any solid
waste in any vehicle which permits the contents to blow, sift, leak
or fall therefrom. If spillage does occur, the collection crew shall
immediately return spilled materials to the collection vehicle and
shall properly clean, or have cleaned, the area. All vehicles used
for the collection and transportation of solid waste shall be durable,
easily cleanable and leakproof, if necessary, considering the type
of waste and its moisture content. Collection vehicles shall be cleaned
frequently to prevent nuisances and insect breeding and shall be maintained
in good repair.
G.
Interference with authorized collector. No person other than an authorized
collector shall collect or interfere with any garbage after it shall
have been put into a garbage receptacle and deposited in the proper
place for the collector, nor shall any authorized person molest, hinder,
delay or in any manner interfere with an authorized garbage collector
in the discharge of his duties.
H.
Scavenging. It shall be unlawful for any person to scavenge any solid
waste placed for collection.
I.
Private dumps. It shall be unlawful for any person to use or operate
a dump.
J.
Noncollectible materials. It shall be unlawful for any person to
place for collection any of the following wastes:
K.
Animal or human wastes. It shall be unlawful for any person to place
animal wastes and/or human wastes for collection, unless said wastes
are placed in a sealed plastic bag. A limit of one thirty-five-gallon
sealed bag is allowed per week per collection.
L.
Medical wastes. It shall be unlawful for any person to place for
collection any pathogenic medical wastes. It shall be unlawful for
any person to place sharps for collection. These items shall be disposed
of at an approved sharps disposal facility.
M.
Building waste. Rubbish from building construction, remodeling or razing will not be collected by the Town and must be disposed of by the building contractor or owner. Small amounts of lumber in stacks or bundles (no more than four bundles) of less than 50 pounds will be collected as a special pickup as described in § 273-6A(6) if the wood is cut into four-foot lengths or less. Small scraps of wood may be bagged and placed in the refuse cart.
N.
Stumps. Tree and/or shrub stumps will not be picked up by the Town.
O.
Boulders, dirt and similar wastes. Boulders, dirt, ground, concrete,
concrete blocks, stones, rocks, sod and similar heavy, dense waste
will not be picked up by the Town or contracted refuse collector.
Such items shall be disposed of privately.
P.
Sawdust and similar wastes. Sawdust and other fine, dry particulate
matter or dust shall be picked up only if it is contained within sealed
paper or plastic bags and placed within the refuse cart.
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 Town 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.
It is unlawful for any person, firm or corporation to place,
deposit or cause to be deposited, for collection, any waste or refuse
not generated within the corporate limits of the Town.
A.
Recyclable materials. It is unlawful for any person, firm or corporation to place, deposit or cause to be deposited for collection any materials defined as recyclable in Article III, Recycling, of this chapter. Refuse found to contain these materials will not be collected. Carts found to be in violation of this subsection along with all other carts at the residential dwelling unit will not be dumped.
B.
Composting site. A composting structure is located at the Town materials
yard. The Town shall not pick up grass clippings, leaves or other
vegetation. Those who wish to dispose of their grass clippings, leaves,
weeds and garden vegetation should deposit them in the Town composting
structure.
A.
What may be deposited. Any resident of the Town of Cedarburg may
bring to the Town materials yard (that area adjoining the Town Hall
and Town Garage and surrounded by a chain-link fence) any metal, appliances,
used oil, tires, grass clippings, leaves, weeds and garden vegetation
which are generated from the resident's property in the Town
of Cedarburg, but not brush, branches, sticks or stumps, and place
these waste materials in the area assigned for the respective materials.
No other materials may be deposited in the Town materials yard. No
material deposited in the yard and no Town construction and maintenance
materials, including topsoil, may be removed from the Town yard. Tires
require payment per the Annual Fee Schedule that will be invoiced
after being dropped off at the Town materials yard during designated
weekend hours.
B.
Unlawful use.
(1)
It shall be unlawful for anyone who is not a Town resident to deposit
waste material in the Town materials yard;
(2)
It shall be unlawful for anyone to deposit any waste material, except
those permitted by Town ordinance and/or signs and which shall only
be waste materials generated in the Town of Cedarburg.
C.
Fees for the pickup and disposal of metal items. Residents shall
be charged a fee for the pickup and disposal of scrap metal items
according to the fee structure established by the contracted refuse
collection contractor or the schedule approved by the Town Board provided
the Town is completing the collection.
