[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 8, Ch. 3, of the 2004 Code; amended in its entirety 5-4-2022 by Ord. No. 02-2022. Subsequent amendments noted where applicable.]
A. 
Polk County Solid Waste Management Ordinance. Solid waste management for the City of Amery is subject to the provisions of the Polk County Solid Waste Management Ordinance as amended from time to time by the Polk County Board of Supervisors.
B. 
Purpose. The purpose of this chapter is to supplement the Polk County Solid Waste Management Ordinance.
C. 
Definitions. The definitions set forth in Section 8-3-4 of the Polk County Solid Waste Management Ordinance are hereby incorporated by reference within this chapter except when otherwise limited or modified by this chapter below:
(1) 
The term "residence" shall mean a housing accommodation with three or fewer dwelling units in any given structure. "Residence" shall not include any commercial or industrial operation, establishment or business. A housing accommodation with five or more dwelling units shall be considered a commercial operation. Where commercial or other nonresidential uses are maintained at or in conjunction with residential uses, the same shall be deemed separate and distinct. Fees for the collection of waste under these circumstances shall be determined and collected separately for each unit as either commercial or residential, according to use.
D. 
Title. The title of this chapter is the "Recycling and Solid Waste Management Ordinance for the City of Amery."
E. 
Purpose. 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.
F. 
Statutory authority. This chapter is adopted as authorized under § 287.09(3)(b), Wis. Stats.
G. 
Abrogation and greater restriction. 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.
A. 
Authorized collections only. All solid waste and recycling (except for the solid waste described in the following subsection) accumulated from each residence in the City of Amery shall be collected, conveyed and disposed of by the City or by its authorized hauler. No person shall collect or dispose of such solid waste accumulated on each single-family residence or on each two- to four-unit residence in the City, except the City or its designated hauler, except as otherwise provided in this chapter.
B. 
Noncollectible materials. It shall be unlawful to place any of the following materials or items for collection:
(1) 
Dead animals or parts thereof (however, this subsection shall not apply to animal parts from food preparation for human consumption).
(2) 
Undrained food wastes (unless they are first drained and securely wrapped in plastic).
(3) 
Hot ashes.
(4) 
Tires.
(5) 
Yard wastes.
(6) 
Major appliance or furniture.
(7) 
Hazardous or toxic wastes.
(8) 
Chemicals.
(9) 
Explosives or ammunition.
(10) 
Drain or waste oil or flammable liquids.
(11) 
Paint.
(12) 
Animal or human wastes (these wastes should be disposed of in the sanitary sewer system). Such items as "kitty litter" may be placed for collection if animal wastes are removed prior to disposal.
(13) 
Pathogenic hospital wastes (such items as needles and syringes may be disposed of as long as they are contained to eliminate injury to collection crews).
(14) 
Building waste (all waste resulting from remodeling, construction or removal of a building, roadway or sidewalk).
(15) 
Office paper.
(16) 
Lead-acid battery.
A. 
The City of Amery will require that any authorized hauler of solid waste also provides curbside recycling hauling services throughout the City.
B. 
Additional provisions. Other provisions for the preparation and collection of recyclable materials are as follows:
(1) 
Recyclables will be picked up in a singular tote provided by the authorized hauler and will be hauled away according to the schedule provided by said hauler.
(2) 
Placement of recyclable materials at curbs for collection. The recycling totes as above described shall be placed within five feet of the curbline for collection, and where there is no curb, the recycling bundles and the sturdy baskets shall be placed for collection on the edge of the shoulder of the roadway. During the snow season, the area where the recyclables are placed for collection shall be kept free of snow by shoveling.
(3) 
Designated collection days.
(a) 
The City will allow any authorized hauler to set its own preferred collection schedule with weekly pickups within the City.
(b) 
It is the resident's responsibility to place the waste and recycling totes at the curb or edge of the roadway for collection at 7:00 a.m. on the designated collection day but not more than a day in advance of collection. The empty recycling buckets and bags shall be removed from the curb or edge of the roadway within 12 hours after collection.
(c) 
The authorized hauler for the City reserves the right to amend the collection schedule in accordance with their needs with the provision that weekly pickup be maintained.
(4) 
Unaccepted recyclables. The City or hauler will leave unacceptable material at the curb with a tag depicting why the material was rejected.
A. 
Definition of nonrecyclable materials. Nonrecyclable materials are defined in this chapter to mean the solid waste as defined in § 362-2.
B. 
Nonrecyclable material containers. All nonrecyclable material shall be placed in containers made of metal and/or plastic with tight covers. The authorized hauler shall provide each user family with its different receptacle options for said waste. In addition to the above containers, upon request, a dumpster will be provided to a user family. The hauler shall provide each user family with a container of their choice.
C. 
Other provisions for the preparation and collection of nonrecyclable material are as follows:
(1) 
Placement of nonrecyclable material containers at curb. The nonrecyclable material container as above described shall be placed within five feet of the curbline for collection, and where there is no curb, the container shall be placed for collection on the edge of the shoulder of the roadway. During the snow season, the area where the container is placed for collection shall be kept free of snow by shoveling.
(2) 
Storage of containers. Except when a waste container is placed for collection at either the curb or edge of the shoulder of the road, the container shall be located out of public view.
Mobile home parks, trailer courts, and other similar housing accommodations shall be considered residential and are subject to the provisions of this chapter.
A. 
No person shall deposit solid waste, litter, garbage, refuse or yard waste on any property, roadway, or right-of-way or in the waste receptacles belonging to others except in parks and waysides where the disposal of an item is immediately incidental to the use of said park or wayside or unless the receptacle is expressly authorized, and appropriately labeled as such, for public use.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
(1) 
Any uncontained solid waste, garbage, refuse or yard waste on any property, roadway, or right-of-way or in the waste receptacles belonging to others, except in parks and waysides where the disposal of an item is immediately incidental to the use of said park or wayside or unless the receptacle is expressly authorized, and appropriately labeled as such, for public use.
(2) 
Any uncontained solid waste, garbage, refuse, and yard waste deposited other than in a proper receptacle which tends to create a danger to the health, safety, and welfare or impair the environment.
LITTERING
The depositing of litter or allowing litter to be deposited on any property, except in authorized waste receptacles. Littering includes discharge of litter from vehicles or spillage from litter containers.
Any litter which contains the name or other identification of the generator thereof shall be retrieved by the generator within 24 hours after receiving notification. Failure of the generator to timely retrieve and properly dispose of said litter is a violation of this chapter.
A. 
It shall be the duty of any person owning or occupying any property to maintain the premises in a reasonably clean and orderly manner. It is unlawful for any person to accumulate or permit or cause to accumulate any solid waste which constitutes, or may create, an unsanitary or unsightly condition or a health or fire hazard. It shall be the duty of said person owning or occupying said premises or lands to ensure that all solid waste or litter shall be picked up and properly disposed of.
B. 
Failure to maintain the premises free of litter and solid waste from whatever source by the property owner and occupant within 24 hours after notification is violation of this chapter.
No person shall allow any solid waste to remain uncollected beyond the date provided for its collection or removal or in any way to allow any waste container to remain properly unemptied for longer than 14 days. Exempt from this section is the storage of recyclable materials that have been separated for recycling purposes.
It is unlawful for any person to place, deposit or cause to be deposited, for collection, any solid waste not generated within the City of Amery.
A. 
It shall be unlawful for any person to burn hazardous waste, solid waste or recyclable materials. This includes the open burning of wet combustible rubbish, garbage, oily substances, asphalt, and plastic or rubber products. No facility for the disposal of solid waste, including burn barrels, shall be constructed, established, continued, maintained, or operated after January 1, 1995.
B. 
"Hazardous waste" means that waste as defined by § 291.01(7), Wis. Stats.
C. 
Untreated wood and yard waste except for grass clippings are exempt from this section. Those materials may be burned under the provisions of § 362-12.
A. 
Except as hereinafter provided, any person with untreated wood and yard waste generated on their own yard except for grass clippings may burn these materials on their own property by doing all of the following:
(1) 
Conduct all allowed open burning of yard waste and untreated wood in a safe, pollution-free manner, when wind and weather conditions are such as to minimize adverse effects and in conformance with local and state fire protection regulations. The use of burn barrels for the open burning of yard waste and untreated wood shall be prohibited.
B. 
Untreated wood and yard waste generated from a commercial enterprise may not be burned in the City.
Prior to the demolition of any structure or portion thereof, the person doing such demolition must obtain from the City Building Inspector a demolition permit. Said permit shall not be issued until the person doing such demolition shall provide satisfactory evidence to the Building Inspector that adequate arrangements have been made for the disposal of all anticipated demolition waste. In the event that any demolition is done without first obtaining a permit, the person doing said demolition, and the property owner, or the occupant of the property where such demolition is done with the consent of said occupant or property owner, shall be subject to a forfeiture pursuant to § 1-5.
The City shall provide special collections, on a seasonal basis, for leaves, garden plants, Christmas trees, etc. The City shall first provide reasonable notice of the date and times that said special pickups shall be available. All such leaves, garden plants or other refuse shall be placed in plastic garbage bags or sealed containers, when possible, and placed for collection.
In the event that special needs arise, for reasons such as storm damage, the City shall have the power to establish dates and times for special pickups of refuse generated by such storms or other unusual situations.
The City shall establish dates and times for a person to haul yard waste to the City of Amery's landfill.
A. 
No person shall haul solid waste material unless it is hauled in a covered truck or other vehicle constructed and managed so that no solid waste material will fall, leak, or spill or be blown from said vehicle.
B. 
Anyone who, while hauling solid waste material on a public street or highway of the City of Amery, shall drop or have blown from their vehicle any solid waste material and does not immediately stop and pick up the same shall be deemed to have violated this section.
A church located within the City of Amery may, upon application to the City, be treated as a single-family residence for all purposes as set forth in this chapter.
Except as otherwise provided in the Polk County Solid Waste Management Ordinance and this chapter, all solid waste material generated in the City of Amery shall be hauled by its authorized hauler to any qualified facility licensed by the State of Wisconsin.
A. 
Fees for residential accounts shall be set and established by the authorized hauler on an annual basis by the adoption of a rate schedule. The rate schedule shall be effective the first day of January immediately following its adoption.
B. 
The City and its licensee(s) shall prepare a proposed rate schedule which sets forth a rate for residential accounts. A flat fixed rate in compliance with § 362-4C shall be set for residential accounts. Rates for nonresidential accounts shall be based upon separate negotiations by the hauler with each nonresidential account.
C. 
The proposed rate schedule for residential accounts shall be filed in the office of the City by October 15. Said rate schedule will be open to public inspection.
D. 
The City Council shall review the proposed rate schedule at its monthly meeting in November.
E. 
Thereafter, the Council shall approve the contractor's rate schedule for residential accounts. In establishing the rate schedule, the Council shall consider all evidence relevant to the cost of disposing of garbage, including tipping charges, the City's or licensee(s)' equipment, insurance, fuel, employee payroll and other costs, and any other factors that the Council may deem relevant.
F. 
All waste disposal service charges shall be due and payable to the City's licensed collector(s). Any late fees or delinquent accounts shall be handled by the contractor.
A. 
The list of recyclable materials set forth in § 362-3 and the list of noncollectible materials set forth in § 362-2B may be added to or deleted from by resolution of the Council without revision of this chapter.
B. 
Any resolution as above described shall be effective upon adoption and publication as a Class 1 notice.
Except when a penalty is provided elsewhere in this chapter, any person who shall violate any of the provisions of this chapter is subject to a forfeiture of $50 for the first violation, $200 for the second violation, and not more than $2,000 for a third or subsequent violation, together with the costs of prosecution. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.