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City of St. Francis, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 11.09, 11.13, 11.14 and 11.25 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 262.
Nuisances — See Ch. 320.
Littering and dumping — See Ch. 338.
[Added 3-7-2006 by Ord. No. 1210]
Dumpsters shall not be placed upon or be allowed to remain in any City right-of-way, including any alley, street or sidewalk, from November 1 through March 31.
A. 
Collection by contractor. All refuse, garbage, rubbish and trash accumulated in the City shall be collected, conveyed and disposed of by the City's contractor.
B. 
Exceptions.
(1) 
Actual producers. Actual producers of refuse or owners of premises upon which refuse has accumulated may personally collect, convey and dispose of the refuse in compliance with the provisions of this section and any other governing laws or ordinances.
(2) 
Outside collectors. Collectors from outside the City may haul refuse over City streets in compliance with the provisions of this section and any other governing laws or ordinances.
C. 
Authority of Engineer. The City Engineer shall supervise refuse collection. He shall make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to collection, conveyance and disposal as necessary and change and modify the same after reasonable notice, provided that the regulations are not contrary to this section. Persons aggrieved by such regulations may appeal to the Common Council, who shall have the authority to confirm, modify or revoke such regulations.
D. 
Refuse containers.
(1) 
Owner's duty. Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. The containers shall be maintained in good condition. Any container that is unsatisfactory shall be replaced upon notice. The City Engineer may refuse collection services for failure to comply.
(2) 
Size, type and capacity. Refuse containers shall be of a type and capacity and subject to regulations as established by the City Engineer.
E. 
Storing refuse.
(1) 
Public places. No person shall place any refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, within the City except in proper containers for collection or under express approval granted by the City Engineer. No person shall throw or deposit any refuse in any stream or other body of water.
(2) 
Unauthorized accumulation. No person shall allow any unauthorized accumulation of refuse on his premises.
(3) 
Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises in the City.
F. 
Points of collection. Refuse containers shall be placed for collection at ground level on the property, not within the traveled portion of the right-of-way of a street or alley, but as accessible as possible to the alley or curbline. If a traveled alley is available for collection, alley collection shall be made. If there is no such alley, then collection shall be made at curbside. If there are special problems, containers shall be placed as directed by the City Engineer.
G. 
Collection practices.
(1) 
Weekly collection. Refuse shall be collected once each week as scheduled by the City Engineer. If the collection is not made at such time, it shall be made as soon as possible. If collection is missed, the person who has placed such refuse for collection shall make immediate contact with the contractor to secure such collection.
(2) 
Fee guidelines. The following are established as guidelines for fees which will be charged to the person requesting service under this program.
[Amended 4-2-2008 by Ord. No. 1255]
(a) 
The minimum charge for special pickup is as provided in the current fee schedule on file with the City Clerk. This charge is for a pickup requiring two men and a truck for not more than 30 minutes and no single item weighing in excess of 150 pounds.
(b) 
Extra time charge, after 30 minutes, per hour or fractional part thereof, is as provided by the current fee schedule.
(c) 
For items weighing over 150 pounds, there is a service charge as provided by the current fee schedule, per hour or fractional part thereof, plus the minimum charge in Subsection G(2)(a) above.
(d) 
If additional special equipment is required (loader, chipper, etc.), an additional rate shall be charged. The first 30 minutes shall be as provided by the current fee schedule, plus the minimum charge in Subsection G(2)(a) above.
(e) 
Charges to any person 65 or over shall be as provided by the current fee schedule for work performed as in Subsection G(2)(a), (b), (c) and (d).
(f) 
All pickups are curbside or alley. It is the duty of the resident to have it properly placed.
(g) 
Payment shall be made within 30 days after invoice is submitted by the City. In the event that such invoice is not paid within such time, the City shall have the right to place such special charges upon the tax roll, pursuant to § 66.0627, Wis. Stats.
(3) 
Time of placement of containers. Refuse containers shall be placed at the point of collection by the owner, tenant, lessee or occupant of the premises not more than 24 hours prior to collection and shall be removed therefrom, in the case of curbside collection, not more than 12 hours after collection. The person so placing the containers shall familiarize himself with the collection schedule and place and remove the containers so that a neat and orderly appearance shall be maintained. Such person shall keep the containers out of the traveled portion of the street or alley and prevent the contents from spilling. Except as provided in Subsection H(2) below, containers shall not be placed and stored in the following manner:
(a) 
In the front yard.
(b) 
In the side yard, if facing any City street.
(c) 
Unless at least 15 feet from any residence.
H. 
Multifamily dwellings.
(1) 
Multifamily dwellings contain residential units only in excess of three such units.
(2) 
Collection. Garbage, rubbish and waste from multifamily dwelling units shall be collected and disposed of by the owner of such units at such owner's expense or shall be collected by the City's contractor at such owner's expense.
(3) 
Cost of collection. Where collection is to be made by the City's contractor at such owner's expense the City Engineer shall conduct a cost survey of collection from such multifamily units and shall inform the owner thereof of the current quarterly charge to be made for such collection, payment to be made in advance quarterly. The City Engineer, after a new survey is made, may alter such charge annually, commencing October 1 of each year.
(4) 
Collection receptacles. Where the City's contractor makes the collection from multifamily dwelling units, the contractor shall furnish receptacles, which receptacles shall be of a size not smaller than two and not larger than eight cubic yards, fitted with an airtight cover, which shall be of such a nature that they are portable to the extent that they may be lifted onto a vehicle for transport and disposal. Such receptacles shall be located on private property and placed as directed by the City Engineer for expeditions year-round collection. Collection shall be made as often as deemed necessary by the City Engineer. Disposal shall be the responsibility of the contractor.
(5) 
Duty to enforce. It shall be the duty of every police officer, Health Department employee or officer and supervisory employee of the Highway Department to enforce all provisions of this section and upon observing any violation hereof to take appropriate steps to ensure compliance herewith.
I. 
Yard waste. No person shall place for collection with normal garbage collection any leaves, grass clippings, woody material, garden plants or other similar substances that can otherwise be composted.
J. 
Refuse collection fee.
(1) 
As authorized by § 66.0405, Wis. Stats, there is hereby created a refuse collection district which district shall include all those properties serviced by City-contracted refuse collection.
(2) 
Those properties receiving refuse collection from the City shall be assessed a special charge as authorized by § 66.0627, Wis. Stats., which shall be referred to as a "refuse collection fee."
(3) 
Such refuse collection fee shall be as provided by the current fee schedule on file with the City Clerk, to be collected annually on the real estate tax bill. The payment on the real estate tax bill (which is issued in December of each year) shall be a prepayment for the succeeding year. It shall be collected in the same manner as other special charges.
K. 
Scavenging.
(1) 
Recyclables defined. "Recyclables" shall mean products which are capable of being reprocessed or remanufactured into new products or products which are directed for reuse.
(2) 
Scavenging prohibited; exception. No person shall scavenge, search through or remove from a container or other receptacle located on any public street, alley, parkway, right-of-way or other public property, nor private property, any combined refuse, garbage, newsprint or recyclables as defined herein which have been placed therein for collection. This subsection shall not apply to City-authorized refuse collection activities or to any members of the same household and their contractors or employees who place combined refuse, garbage, newsprint or recyclables in a container or other receptacle on a public street, alley, parkway, right-of-way or other public or private property in the City.
Compost areas are permitted in the City of St. Francis under the following conditions:
A. 
Only one compost area shall be permitted per lot and shall be located in the rear or side yard and may not be nearer than 25 feet to any dwelling unit, nor nearer than three feet to any property line.
B. 
Such compost areas may not exceed four feet in height and 25 square feet.
C. 
No waste generated outside the property shall be permitted to be composted in any residential district.
D. 
Such shall be aerated and done in a manner that is accepted to create compost that is nonodorous to a reasonable person.
A. 
Title. This section shall be known as the "Recycling Ordinance for the City of St. Francis."
B. 
Purpose. The purpose of this section 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.
C. 
Statutory authority. This section is adopted as authorized under § 287.09, Wis. Stats., and this Code.
D. 
Abrogation and greater restrictions. It is not intended by this section 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 section imposes greater restrictions, the provisions of this section shall apply.
E. 
Interpretation. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this section may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this section is required by Wisconsin Statutes or by a standard in Ch. NR 544, Wis. Adm. Code, and where the provision of this section is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544 standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
F. 
Applicability. The requirements of this section apply to all persons within the City of St. Francis.
G. 
Administration. The provisions of this section shall be administered by the City Engineer, Building Inspector and Police Department.
H. 
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
(1) 
Is designed for serving food or beverages.
(2) 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
(3) 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI Code No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
POSTCONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
I. 
Separation of recyclable materials. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste:
(1) 
Lead acid batteries.
(2) 
Major appliances.
(3) 
Waste oil.
(4) 
Yard waste.
(5) 
Aluminum containers.
(6) 
Bimetal containers.
(7) 
Corrugated paper or other container board.
(8) 
Foam polystyrene packaging.
(9) 
Glass containers.
(10) 
Magazines.
(11) 
Newspaper.
(12) 
Office paper.
(13) 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins
(14) 
Steel containers.
(15) 
Waste tires.
J. 
Separation requirements exempted. The separation requirements of Subsection I do not apply to the following:
(1) 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection I from solid waste in as pure a form as is technically feasible.
(2) 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
(3) 
A recyclable material specified in Subsection I(5) through (15) for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
K. 
Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection I shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
L. 
Management of lead acid batteries, major appliances, waste oil and yard waste. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
(1) 
Lead acid batteries shall be transported to the City Garage for recycling.
(2) 
Major appliances shall be made available to the City contractor for recycling.
(3) 
Waste oil shall be transported to the City Garage for recycling.
(4) 
Yard waste shall be transported to the City Garage for recycling.
M. 
Preparation and collection of recyclable materials. Except as otherwise directed by the City Engineer, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified Subsection I(5) through (15):
(1) 
Aluminum containers shall be placed in the recycling container for contractor pickup.
(2) 
Bimetal containers shall be placed in the recycling container for contractor pickup.
(3) 
Corrugated paper or other container board shall be placed in the recycling container for contractor pickup.
(4) 
Foam polystyrene packaging shall be placed in the recycling container for contractor pickup.
(5) 
Glass containers shall be placed in the recycling container for contractor pickup.
(6) 
Magazines shall be placed in the recycling container for contractor pickup.
(7) 
Newspaper shall be placed in the recycling container for contractor pickup.
(8) 
Office paper shall be placed in the recycling container for contractor pickup.
(9) 
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins shall be placed in the recycling container for contractor pickup.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(10) 
Steel containers shall be place in the recycling container for contractor pickup.
(11) 
Waste tires shall be transported to the City Garage.
N. 
Responsibilities of owners or designated agents of multiple-family dwellings.
(1) 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in Subsection I(5) through (15):
(a) 
Provide adequate, separate containers for the recyclable materials.
(b) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
(c) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(d) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
(2) 
The requirements specified in Subsection N(1) do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection I(5) through (15) from solid waste in as pure a form as is technically feasible.
O. 
Responsibilities of owners or designated agents of nonresidential facilities and properties.
(1) 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in Subsection I(5) through (15):
(a) 
Provide adequate, separate containers for the recyclable materials.
(b) 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(c) 
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
(d) 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation and a contact person or company, including a name, address and telephone number.
(2) 
The requirements specified in Subsection O(1) do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection I(5) through (15) from solid waste in as pure a form as is technically feasible.
P. 
Prohibitions on disposal of recyclable materials separated for recycling. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in Subsection I(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
Q. 
Placement of containers. Recycling containers shall be placed for pickup in the same manner as provided § 386-2F and G(3) of this chapter, which are adopted herein by reference.
R. 
Enforcement.
(1) 
For the purpose of ascertaining compliance with the provisions of this section, any authorized officer, employee, contractor or representative of the City of St. Francis may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the City of St. Francis who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
(2) 
Any person who violates a provision of this section may be issued a citation to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
(3) 
Penalties for violating this section may be assessed as follows:
(a) 
Any person who violates Subsection P may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(b) 
Any person who violates a provision of this section except Subsection P may be required to forfeit not less than $10 nor more than $1,000 for each violation.
Except where another penalty is provided herein, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).