[HISTORY: Adopted by the Village Board of the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as Ch. 13 of the 1994 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 108.
Housing and living standards — See Ch. 112, Art. II.
Fire prevention — See Ch. 134.
Nuisances — See Ch. 177.
Sewer use — See Ch. 228, Art. II
As used in this chapter, the following terms shall have the meanings indicated:
BRUSH
Clean, woody vegetative material less than six inches in diameter generated only in yards and gardens, not including stumps, roots or shrubs with intact root balls.
COLLECTION DAY
May apply to either the day the Village of Johnson Creek Department of Public Works employees shall pick up compost and/or brush or the day the waste hauler designated by the Village Board shall pick up garbage and recycling Village-wide.
EVERGREEN TREE
Any woody plant normally having one stem or trunk and bearing foliage in the form of needles and crowns which extend from ground level throughout its entire height.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
A. 
It is designed for serving food or beverages.
B. 
It consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
It consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
GARBAGE
Putrescible animal and vegetable wastes or other discarded materials resulting from the handling, preparation, cooking and consumption of food.
LAND-SPREADING FACILITY
A solid waste disposal facility in which solid waste is placed in thin layers onto the surface of the land or incorporated into the surface layers of the soil.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.
MUNICIPALITY
The Village of Johnson Creek.
PERSON
Includes any individual, corporation, limited liability company, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
RECYCLABLE MATERIALS
Material waste for which there exists a commercially demonstrated processing and manufacturing technology which uses the material as a raw material. This term shall include the nature and extent of recyclable materials as that term may be defined in any contract entered into between the Village and a private waste hauler.
ROOT or STUMP
The leafless underground part of a seed plant.
RUBBISH
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 and shall include, by way of enumeration but not by way of limitation, tin cans, bottles, rags, paper, cardboard, bedding and crockery.
SHRUBS
Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.
SOLID WASTE
Has the meaning given in § 289.01(33), Wis. Stats.
SOLID WASTE DISPOSAL
Has the meaning given in § 289.01(34), Wis. Stats.
SOLID WASTE FACILITY
Has the meaning given in § 289.01(35), Wis. Stats.
SOLID WASTE STORAGE
Has the meaning given in § 289.01(38), Wis. Stats.
SOLID WASTE TREATMENT
Has the meaning given in § 289.01(39), Wis. Stats.
TREE
Any woody plant normally having one stem or trunk bearing foliage or crown well above ground level to heights of 16 feet or more.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean, woodsy vegetative material no longer than 24 inches in length. This term does not include stumps, roots or shrubs with intact root balls.
A. 
Batteries, major appliances and oil. No person may:
(1) 
Dispose of a lead acid battery or a major appliance in a solid waste disposal facility in this state, except that a person may dispose of a microwave oven in a solid waste disposal facility in this state if the capacitor has been removed and disposed of in accordance with § 299.45(7), Wis. Stats., if applicable.
(2) 
Burn a lead acid battery or a major appliance in a solid waste treatment facility in this state.
(3) 
Dispose of waste oil in a solid waste disposal facility or burn waste oil without energy recovery in a solid waste treatment facility in this state.
B. 
Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land-spreading facility approved in accordance with Ch. 289, Wis. Stats., or burn yard waste without energy recovery in a solid waste facility in this state.
C. 
General disposal restrictions. Beginning on January 1, 1995, no person may dispose of in a solid waste disposal facility or burn without energy recovery in a solid waste treatment facility in this state any of the following:
(1) 
An aluminum container.
(2) 
Corrugated paper or other container board.
(3) 
Foam polystyrene packaging.
(4) 
A glass container.
(5) 
A magazine or other material printed on similar paper.
(6) 
A newspaper or other material printed on newsprint.
(7) 
Office paper.
(8) 
A plastic container.
(9) 
A steel container.
(10) 
A waste tire, as defined in § 289.55(1)(c), Wis. Stats.
(11) 
A container for carbonated or malt beverages that is primarily made of a combination of steel and aluminum.
After December 1, 1990, no person may discharge, deposit, inject, dump or place in a solid waste facility that is for solid waste treatment or for solid waste storage yard waste that is in a bag unless the bag is constructed of a material that decomposes within a reasonable time after exposure to weather elements and is labeled as being so constructed.
A. 
Prior to collection. All garbage and rubbish shall be kept in watertight and flytight containers and shall be securely and tightly covered.
B. 
For collection. All garbage and rubbish for collection shall be placed in containers approved by the Village Board.
The Village has contracted with a private company to collect and haul its garbage, rubbish and recyclables, and this system shall be the exclusive method of public collection and hauling except for special collections authorized by the Village Board.
Chapter 134, Fire Prevention, and Chapter 177, Nuisances, of this Code include various sections which restrict the placement, burning, and disposition of garbage, trash, and other matters, and Chapter 228, Water and Sewers, contains restrictions concerning the use of sewers for garbage, trash, and other matters, and these applicable sections shall apply.
A. 
Purpose. This purpose of this section is to require the removal of garbage, rubbish and recyclable materials from all properties within the Village and to provide for the collection thereof. The accumulation of garbage and rubbish is a public nuisance, and utilization of limited landfill sites for recyclable materials is contrary to the public interest.
B. 
Special charge. Pursuant to § 66.0405, Wis. Stats., the Village Board shall from time to time by motion or resolution establish a special charge for the collection of garbage, rubbish and recyclable materials, which special charge shall apply to all improved residential properties consisting of not more than four residential units. All classes of properties other than residential properties shall contract separately for the removal and disposal of garbage, rubbish and recyclable materials. This section shall apply to residential units included in a building containing a nonresidential use, but not as to those portions of a building which are devoted to nonresidential uses.
C. 
Time and manner of placing containers. Refuse and recycling containers shall be placed at the point of collection by the owner, tenant, lessee or occupant of the premises not more than 24 hours preceding the normal collection day. The person so placing the containers shall be familiar with the collection schedule and the point of collection as designated by the Village Board and waste hauler and shall place and remove containers so that a neat and orderly appearance will be maintained. In the event the point of collection is at or near a roadway, the containers shall be placed so that they are not in the travel portion of the roadway and do not interfere with the use of the roadway.
D. 
Recycling program. Effective January 1, 1992, recyclable materials, as that term is defined herein, shall be separated from garbage and rubbish so as to reduce the amount of solid waste to be disposed of and at the same time reduce the financial burden of solid waste disposal. Recyclable materials will be separated into designated containers and placed at the point of collection by residents for collection by an authorized agent of the Village. If designated recycling containers are purchased by the Village, they shall remain the property of the Village. Containers which are lost, damaged or removed from the property shall be replaced by the property owner at the expense of the property owner. The cost of such replacement shall be established by the Village Board from time to time. The Village will bill the property owner for the cost of the replacement of the containers, and in the event that the property owner fails to pay the bill the cost thereof shall be placed on the property tax roll.
E. 
Ownership of recyclable materials. From and after the time of placement of recyclable materials at the point of collection, items shall become the property of the Village or its authorized hauling agent. No person shall collect or cause to be collected any such items during the period commencing 24 hours preceding a day designated for collection of recyclable materials.
F. 
Restrictions on items included in garbage and rubbish collection. No person shall place in any container designated for garbage or rubbish collection or in any container designated for placement of recyclable materials any building materials, board lumber, carpet, auto parts, tires, automotive batteries, waste oil, landscape timbers, piers, rocks, dirt, concrete, drywall, plaster, siding, windows, doors, cabinets, sinks, bathtubs, toilet bowls, basins, etc., any white goods, hazardous or toxic materials as defined in the Wisconsin Department of Natural Resources Administrative Code, any yard waste, leaves, grass clippings or branches or any other items which may be designated by the Village Board from time to time.
G. 
Nonresidential properties. Effective January 1, 1995, all nonresidential properties shall separate and segregate all garbage, rubbish, and recyclable materials, as those terms are defined in this chapter. All garbage and rubbish shall be collected and placed in containers designated for that purpose. All recyclable materials shall be collected and disposed of in accordance with the provisions of this chapter and all applicable state and governmental regulations. The cost of segregating garbage, rubbish, and recyclable materials and disposing of the same in accordance with the terms of this chapter shall be the responsibility of the property owner. All garbage, rubbish, and recyclable materials, after separation and segregation as required herein, shall be placed at curbside for collection.
A. 
Collection day(s).
(1) 
The collection schedule shall be as determined by the Village Board. Collection seasons are defined as follows:
(a) 
Winter: December 1 through March 31.
(b) 
Summer: April 1 through November 30.
(2) 
When a collection day falls on a holiday, the substitute collection day will be the weekday after the holiday.
B. 
Return trips. There will be no return trips for collection.
C. 
Root disposal. If not otherwise used, given away or sold, residents shall take roots to the Village compost site for disposal or place them on the curb by 6:00 a.m. on the appropriate collection day.
D. 
Brush disposal.
(1) 
If not otherwise used, given away or sold, residents shall place all brush at the curb with the cut ends of limbs facing in one direction. Limbs must be cut small enough for one person to handle and not be shorter than 24 inches in length and not larger than six inches in diameter.
(2) 
Tree, shrub and evergreen branches resulting from pruning or trimming and branches that have fallen from trees naturally may be left for collection.
(3) 
The Village will collect brush up to six inches in diameter from storm-damaged trees. However, notice by the resident shall be given to the Department of Public Works Supervisor or his designee if the brush will be placed at the curb more than three days after the storm.
(4) 
The Village will not collect brush which has been cut by any tree trimming contractor as part of a commercial operation.
(5) 
Upon obtaining an access card as provided in § 205-8J., residents may dispose at the Village's compost center brush less than six inches in diameter that originates on the property for which an access card was issued.
[Added 1-24-2022 by Ord. No. 02-22]
E. 
Yard waste disposal. All yard waste, excluding brush, unless adequately composted on site, shall be taken to the Village compost site for disposal or placed in biodegradable bags (no garbage bags) or open reusable containers, not weighing more than 35 pounds when filled, for collection.
F. 
Collection service provided. The removal and disposal services described in this section shall be provided for Village of Johnson Creek residents only.
G. 
Time for placement. All compost and brush must be out by the curb before 6:00 a.m.
H. 
Violation time table. Residents will have seven days to make arrangements for removal and another seven days to remove brush or compost rejected on the collection day.
I. 
Inspections. The Village reserves the right to inspect any property to verify compliance with the terms of this section.
J. 
Dumping at compost center. Effective June 1, 2022, Village of Johnson Creek residents shall obtain an access card (or code or other device) in order to enter the Village compost center for disposing of certain brush and yard waste.
[Amended 3-23-2015 by Ord. No. 6-15; 1-24-2022 by Ord. No. 02-22]
(1) 
In order to obtain an access card, residents shall complete and submit the required form to the Village Clerk/Treasurer and pay the required issuing fee. Only one access card may be issued to a household located in the Village.
(2) 
The issuing fee for the access card shall be set by the Village Board in the Village Fee Schedule, as amended from time to time by resolution of the Village Board.
(3) 
A replacement access card will only be provided to a resident upon payment of the issuing fee.
(4) 
Use of an access card by a person not residing in the household in which an access card was issued is prohibited.
(5) 
Disposal of yard waste and brush less than six inches in diameter is only permitted at the compost center if a resident has validly obtained an access card and such yard waste and brush originates on the property for which an access card was issued. All other disposal of yard waste and brush is prohibited.
(6) 
No garbage, rubbish, recyclable materials or other unauthorized materials may be left or deposited at the compost center.
(7) 
Any person violating the terms of this subsection shall be subject to revocation of their access card and prohibited use of the compost center, and to a penalty as provided in Chapter 60, Penalties.
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 Village of Johnson Creek.
Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 60-1 of this Code.