[Adopted as §§ 11.08 and 11.15
of the 1998 Code]
No person shall deposit, throw or scatter or shall permit the accumulation of straw, stones, grass, wood, leaves, paper, iron, tin, wire, nails, bottles, glass or any other rubbish or waste material in, upon or along any street, alley, bridge, sidewalk, lake, lake frontage, stream, river or river banks or in any park or on any public grounds or thoroughfare within the Village. See § 174-1, adopting Wis. Stat. § 287.81.
[Amended 2-10-2003 by Ord. No. 428; 12-14-2009 by Ord. No. 546]
A.
Every garbage
container used in the Village shall be metal or metal-lined or of
plastic and watertight with a flytight and watertight metal or plastic
cover. In the event that the Village contracts with a disposal company
that provides containers for residential properties, those residential
units must use the containers provided by the Village contractor.
B.
No person
shall place on any street or sidewalk any garbage container, as above
prescribed, when the placement of such garbage container will be injurious
to the public health, will create a public nuisance or will obstruct
any such sidewalk or street so as to interfere with the use of the
same by the public.
C.
All such garbage containers shall be fitted with a cover and shall be kept covered, except when depositing materials therein or removing contents therefrom. In addition to garbage containers as above defined, the Village shall require the use of recycling containers, which shall be the composition and a size and dimension required by the Village, and which may be used only pursuant to the recycling rules and regulations from time to time promulgated. See Article II of this chapter.
No person shall deposit in any sewer any garbage,
grease, rags, sand or earth or any other substance which may obstruct
the sewer.
No person shall burn garbage or other noxious
substances in open incinerators or bury garbage or other noxious or
unwholesome substances on private property.
[Amended 12-14-2009 by Ord. No. 546]
A.
For purposes
of this section, the phrase "yard waste" shall be defined as leaves,
grass clippings, yard and garden debris and brush, including clean
woody vegetative material no greater than six inches in diameter.
The term does not include stumps, roots or shrubs with intact root
balls.
B.
No yard
waste may be deposited for regular garbage collection.
C.
Except as provided in Subsection D below, at no time shall property owners deposit yard waste in street lines, curblines or in piles near the pavement edge for collection purposes or otherwise.
D.
The Village may from time to time pass regulations regarding the collection of certain yard waste and may from time to time pass on to property owners using the procedure the cost of such collection and shall from time to time prescribe the method in which the disposal is to be accomplished. The Village may charge for collection of brush and for an annual permit in an amount set by the Village Board, which shall allow residents to dispose of certain yard waste at the Village Department of Public Works building. See § 186-19.
[Amended 12-14-2009 by Ord. No. 546]
A.
The Village
may, at its discretion and from time to time, provide public refuse
and/or recycling containers for use by Village residents and/or commercial
units, and, if said refuse containers or recycling containers are
provided for the use of commercial units, the Village shall charge
a fee for their use. The fee for the use of the containers by commercial
units shall be a special charge and shall be billed to the property
owners quarterly, and all special charges that are due and unpaid
30 days after the date of billing shall be deemed delinquent and shall
be a lien on the property. Delinquent special charges that are unpaid
on November 1 of each year shall be included on the tax roll as set
forth in Wis. Stats. § 66.0627.
[Amended 6-12-1995 by Ord. No. 314; 4-12-2004 by Ord. No. 450; 12-14-2009 by Ord. No. 546]
A.
COMMERCIAL UNITS
RESIDENTIAL UNITS
Definitions. As used in this article, the following definitions shall
apply.
[Amended 8-22-2016 by Ord. No. 638]
Those buildings in the Village that contain at least one
commercial, retail, institutional, governmental or industrial unit.
In addition, every building in the Village which houses in excess
of four customer units of whatever nature, including multifamily residential,
but excluding condominium units, are commercial units. Home businesses,
where the primary use of the unit is residential, are not commercial
units under this chapter.
[Amended 11-28-2016 by Ord. No. 644]
Single-family and two- to four-family residential dwellings,
and residential condominiums, regardless of the number of dwelling
units.
B.
Residential refuse and recycling.
[Amended 8-22-2016 by Ord. No. 638]
(1)
The Village requires that all residential units receive weekly waste
and biweekly recyclable material collection by the contractor the
Village selects. The costs of collection are authorized to be included
in the general tax levy or levied and collected as special charges
imposed on each property served pursuant to Wis. Stats. § 66.0627,
at the option of the Village. If the Village determines that the costs
of collection are to be levied as special charges against the properties
served, the special charges shall be shown in the fee schedule, and
the special charges shall be included on the property tax bills and
collected as set forth in said statute.
(2)
The Village shall, from time to time and in coordination with the garbage collection contractor for the Village, provide specifications for garbage and recycling containers to be used by residential units within the Village. Failure to comply with the specifications for residential units will be considered a violation under § 186-8.
(a)
The Village, or the Village through its contracting garbage
collection agency, shall pick up garbage and recycling from such containers
under a systematic plan implemented by the Village and with procedures
as defined from time to time by the Village.
(b)
On every designated collection day as is established from time
to time by the Village, all materials deposited for collection pursuant
to this section shall be placed inside the designated container at
the curb or pavement edge in a safe location. The use of plastic bags
placed outside of the containers for refuse pending collection is
not allowed.
(c)
Containers provided for automated systems shall be placed strictly
in conformance with the instructions of the Village or the contractor.
Questions regarding such placement shall be determined by the Village
or the Village through its contracting garbage collection company.
No vehicles, recreational apparatus or other obstacles shall be placed
in such a way so as to prevent access to the container, and such obstruction
shall be the sole responsibility of the customer.
(d)
If the Village contracts with a disposal company for automated
pickup, no residential unit may place any item for pickup as garbage
if that refuse does not fit inside the designated cart. The residential
unit may contract with the Village contractor, or a contractor of
its choosing, at its own expense, for the disposal of oversized and
bulk items.
(e)
In the event that a residential unit is a rental property, the
property owner is required to inform the tenant of the requirements
for collection.
C.
Commercial unit refuse and recycling.
(1)
The property owner shall be responsible for collection and disposal
of refuse and recycling from commercial units.
(a)
The property owner may utilize the services of the Village's
contracting garbage collection company at its own expense. The cost
for said optional commercial use, when the same collection procedures
that are provided for residential units are used, shall be set forth
in the Village's contract with the disposal company.
(b)
Each commercial unit shall provide for disposal and recycling using the size and type of container adequate for the use(s) present. In the event that a rear-load refuse bin (dumpster) is used, it shall be emptied at a frequency that provides that the cover is kept closed when refuse is not being deposited or emptied. Failure to provide an adequate dumpster and/or empty the dumpster as necessary shall be considered a violation of § 186-8. In the event that litter is blown out of the dumpster and onto adjacent properties or public ways, the property owner may be charged with littering pursuant to § 186-1.
(2)
Placement of commercial unit refuse bins.
(a)
No person may place or store a dumpster, garbage bin, refuse
bin, rubbish or any combustible material within 20 feet of a commercial,
industrial or multifamily structure unless the same is enclosed in
a masonry enclosure.
(b)
Structures in existence on February 10, 2003, may be exempted
from this requirement by the Fire Inspector, provided that the Inspector,
in his or her discretion, identifies a safe alternative location and
the property owner or tenant places the dumpster, garbage bin, rubbish
or combustible material at the alternative location. The property
owner or tenant may appeal the Fire Inspector's decision to the
Plan Commission, which may uphold, modify or overturn the Fire Inspector's
determination.
D.
Construction refuse.
(1)
The Village or the Village through its contracting garbage collecting
company shall in no event be responsible for the collection of construction
waste derived from building sites within the Village.
(2)
Construction site requirements.
(a)
In every instance where new construction is commenced upon a
site within the Village of Waterford for which a building permit is
required and has been issued, the owner and the building permit applicant
shall be jointly and severally responsible for a provision at the
construction site of a rear load refuse bin (dumpster), and, where
appropriate, a recycling container, of sufficient size to adequately
contain, from time to time, the waste and recyclable material generated
at such site, or, if approved by the Building Inspector, shall provide
an adequate method of on-site recycling at such site.
(b)
In every instance where a building permit is issued for improvement,
remodeling, reconstruction, addition, or partition, of an existing
structure in the Village of Waterford, the owner and the building
permit applicant shall be jointly and severally responsible for the
placement on the site of a rear load refuse bin (dumpster), and, where
appropriate, a recycling container, of a sufficient size to handle
the refuse and recyclable material generated from time to time, if,
in the determination of the Building Inspector, a dumpster and/or
recycling container are required based upon the nature and extent
of the work to be accomplished.
