[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 5-5-2008 by Ord. No. 08-26.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 292, Solid Waste and Recycling, adopted 12-20-2004 by Ord. No. 04-65, as amended.
This chapter is adopted pursuant to authority granted by §§ 61.34, 61.345 and 287.09, Wis. Stats.
The purpose of this chapter is to ensure that the Village of Pleasant Prairie is in compliance with the mandates established by the statutes of the State of Wisconsin and that the health, welfare, and safety of the citizens of the Village of Pleasant Prairie are maintained.
This chapter shall be known, referred to and cited as the "Residential Solid Waste and Recycling Collection Ordinance of the Village of Pleasant Prairie" or as "Chapter 292 of the Code of the Village of Pleasant Prairie."
The provisions of this chapter shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Village. Headings provided in this chapter are for convenience and ease of reference; they shall not be interpreted to limit the applicability, purpose, effect or meaning of any of the provisions of this chapter. Any word or phrase defined in § 292-5 of this chapter shall have the meaning stated therein. Undefined words or phrases shall have their common, ordinary meaning unless some other meaning is clearly suggested by the context in which a particular word or phrase appears. As used in this chapter, "shall" is mandatory and "may" is permissive.
The following words or phrases, as used in this chapter, shall have the meaning set out below:
ADMINISTRATOR
The Village Administrator and/or such other Village staff members or officials as may be designated as the administrators of this chapter by resolutions adopted from time to time by the Village Board, in its discretion, to perform, in the first instance, any function delegated to the Administrator by this chapter.[1]
BUILDING AND CONSTRUCTION MATERIALS
Items such as, but not limited to, construction lumber, drywall, shingles, electrical, HVAC and plumbing materials used during residential new construction or large remodeling projects.
[Amended 1-22-2024 by Ord. No. 24-01]
BULK ITEMS
Items such as, but not limited to, furniture, mattresses, and swing sets or items that are longer than four feet and weigh more than 50 pounds which cannot fit into a Village-issued collection cart.
[Amended 5-17-2010 by Ord. No. 10-33; 1-22-2024 by Ord. No. 24-01]
COLLECTION CART
A Village-issued sixty-five-(65)- or ninety-five-(95)-gallon collection cart which shall be used for the primary disposal of residential solid waste and a separate cart for the primary disposal of recyclable materials.
[Amended 1-22-2024 by Ord. No. 24-01[2]
COLLECTION OPTION - AUTOMATED COLLECTION
A Village-owned sixty-five-(65)- or ninety-five-(95)-gallon solid waste collection cart will be collected weekly. Additional carts can be requested for a fee as established in the Village Fee Schedule.[3]
[Amended 9-19-2016 by Ord. No. 16-31; 8-16-2021 by Ord. No. 21-18; 1-22-2024 by Ord. No. 24-01]
COMPOST
Compost items shall include items such as, but not limited to, bundled branches, garden waste, grass clippings, leaves, stumps 50 pounds or less, tree trimmings and other yard waste.[4]
[Amended 1-22-2024 by Ord. No. 24-01]
CURBSIDE
The location where solid waste and recyclable materials are to be deposited for collection. The curbside location is to be at the point where the driveway intersects with the roadway. There need not be an actual curb to set the solid waste or recycling upon. Collection containers shall be kept off the roadway.[5]
HAZARDOUS WASTE
Includes items such as, but not limited to, aerosol cans which are not empty, insecticides and pesticides, floor care products, metal polish, furniture polish, oven cleaners, drain cleaners, bathroom cleaners, tile cleaners, disinfectants, batteries, old gasoline, gasoline/oil mixed, brake fluid, antifreeze, auto repair products, transmission fluids, other oils/cleaners, oil paints (no latex paints), paint thinner, paint stripper, varnish, chemical fertilizers, fungicides, rat poison, artists' paints, fiberglass epoxy, gun cleaning solvents, mothballs, pool chemicals, photographic chemicals and fluorescent bulbs.
[Amended 1-22-2024 by Ord. No. 24-01]
LEAF COLLECTION
Curbside or roadside collection of loose unbagged leaves from residential properties.
PERSON
Any individual, corporation, partnership, association, trust, body politic or corporate or any other legal entity.
RECYCLABLE MATERIALS
Recyclables shall include all corrugated cardboard (except used pizza boxes), chipboard (e.g., cereal boxes), office paper, white paper, newspaper, magazines, shrink/stretch wrap, all plastic bottles, cans and containers, all glass containers, all aluminum cans and containers, all steel cans and containers, paper store bags, cardboard egg cartons, any products that have the recycling logo and empty aerosol containers. All recyclable materials need to be cleaned of all food debris and must be disposed of inside the Village-issued collection cart.
[Amended 5-17-2010 by Ord. No. 10-33; 9-19-2016 by Ord. No. 16-31; 1-22-2024 by Ord. No. 24-01]
RESIDENTIAL
Single-family, duplex, three- to four-family apartments, condominiums, and mobile home/trailer parks. The Village shall not collect any solid waste or recycling for any commercial, industrial or retail properties located in the Village.
[Amended 1-22-2024 by Ord. No. 24-01]
RESIDENTIAL RECYCLING CENTER
The Residential Recycling Center (RRC), 8000 128th Street, where compost items and certain authorized waste are collected.
[Added 9-19-2016 by Ord. No. 16-31; amended 1-22-2024 by Ord. No. 24-01]
SOLID WASTE
Shall include, but is not limited to, refuse and accumulations of animal, fruit and vegetable matter that attend the preparation, use, cooking, dealing in or storage of meats, fish, fowl, fruits and vegetables, dried or solid latex paint, styrofoam, old rags, furniture, metal, except metal containers which are classified as recyclable materials, wood, except wood which is classified as yard waste, and other combustible refuse, clean lumber, carpet and padding, plywood, drywall, windows and scrap. Solid waste items must fit into a Village-issued collection cart, and must weigh 50 pounds or less. (Building and construction materials for new construction or large remodeling projects are not included in the definition of “solid waste.”)
[Amended 5-17-2010 by Ord. No. 10-33; 1-22-2024 by Ord. No. 24-01]
VILLAGE
The Village of Pleasant Prairie.
WHITE GOODS
White goods items shall include, but are not limited to, major appliances such as air conditioners, clothes washers, clothes dryers, dishwashers, freezers, ovens, microwave ovens, refrigerators, stoves, water heaters, humidifiers, dehumidifiers, trash compactors, furnaces, automobiles parts, radiators, fuel oil tanks, boilers and lawn tractors.
[Amended 8-16-2021 by Ord. No. 21-18, 1-22-2024 by Ord. No. 24-01]
[1]
Editor's Note: The former definition of "apartment," which immediately followed this definition, was repealed 8-16-2021 by Ord. No. 21-18. See now § 292-21 for provisions.
[2]
Editor's Note: This ordinance also repealed the former definition of "collection option - unlimited collection," as amended, which immediately followed this definition.
[3]
Editor’s Note: The former definition of “collection option #2 automated collection plus,” which immediately preceded this definition, was repealed 9-19-2016 by Ord. No. 16-31.
[4]
Editor's Note: The former definition of "compost dropoff site," which immediately followed this definition, was repealed 9-19-2016 by Ord. No. 16-31.
[5]
Editor's Note: The former definition of "garbage container," as amended, which immediately followed this definition, was repealed 1-22-2024 by Ord. No. 24-01.
[Amended 12-4-2008 by Ord. No. 08-57[1]]
A. 
The Village will accept the following items at the RRC located at 8000 128th Street on the dates and time set forth by the Department of Public Works at no additional charge:
[Amended 9-19-2016 by Ord. No. 16-31; 8-16-2021 by Ord. No. 21-18;1-22-2024 by Ord. No. 24-01 ]
(1) 
Bundled branches.
(a) 
(Reserved)
(b) 
(Reserved)
(c) 
Bundles bound in wire will not be accepted.
(d) 
Stumps will be accepted.
(2) 
Garden waste.
(3) 
Grass clippings.
(4) 
Leaves.
(5) 
Stumps 50 pounds or less.
(6) 
Tree trimmings.
(7) 
Other yard waste.
(8) 
Car batteries.
(9) 
Antifreeze.
(10) 
Waste oil (not mixed with other elements).
(11) 
One cubic yard of dirt.
(12) 
One cubic yard of broken concrete.
(13) 
One cubic yard of gravel.
(14) 
One cubic yard of broken asphalt.
(15) 
One cubic yard of steel/metal.
(16) 
Residential recycling.
B. 
Garden waste, grass clippings, leaves, tree trimmings and other yard waste will be accepted in cans, in bags or from vehicles trunks/beds.
C. 
The Village will accept the following items at the RRC located at 8000 128th Street on the dates and time set forth by the Department of Public Works at the rates as established in the Village Fee Schedule.
[Amended 1-18-2010 by Ord. No. 10-01; 1-16-2012 by Ord. No. 12-02; 9-19-2016 by Ord. No. 16-31; 8-16-2021 by Ord. No. 21-181-22-2024 by Ord. No. 24-01]
[1]
Editor's Note: Editor's Note: This ordinance also provided an effective date of 1-1-2009.
[Amended 5-6-2013 by Ord. No. 13-14; 9-19-2016 by Ord. No. 16-31; 1-22-2024 by Ord. No. 24-01]
A. 
The Village collects household hazardous waste at the Village’s RRC on the first Saturday of every month, April through December.
B. 
One day each year, the Village, in conjunction with Kenosha County and Waste Management/Pheasant Run, provides a Household Hazardous Waste Collection Program. Hazardous waste collection takes place at the Kenosha County Municipal Center.
(1) 
The following will be accepted:
Kitchen/Bathroom
Garage/Workshop
Garden/Miscellaneous
Aerosol cans
Old gasoline
Chemical fertilizer
Bug sprays
Gasoline/oil mixed
Fungicides
Floor care products
Antifreeze
Herbicides
Metal polish
Brake fluid
Rat poison
Furniture polish
Auto repair products
Artists' paints
Oven cleaners
Transmission fluid
Fiberglass epoxy
Drain cleaners
Other oils/cleaners
Gun cleaning solvents
Bathroom cleaners
Oil paints
Mothballs
Tile cleaners
Paint thinner
Pool chemicals
Disinfectant
Paint stripper
Photographic chemicals
Batteries
Varnish
Fluorescent bulbs
Hazardous waste includes products labeled "Caution," "Combustible," "Corrosive," "Danger," "Flammable," "Pesticide," "Poison," "Reactive," "Toxic" or "Warning."
C. 
The following will not be accepted:
Biological material
Commercial wastes
Cylinders (propane)
Explosives
Medical wastes
Radioactive materials
Latex paint*
*Latex paint is not accepted because it is not considered a hazardous material. Solidified latex paint, after the paint is dry, can be disposed of in solid waste collection.
The Village shall collect loose unbagged leaves from the curbside or roadside of each residential unit in the Village in the spring and fall. Bagged leaves, grass, yard waste or branches will not be collected curbside/roadside.
[Amended 1-22-2024 by Ord. No. 24-01]
The Village shall collect from each residential unit in the Village all allowable commingled recyclables which shall be placed in a recycling cart provided by the Village. All of the Village residential units, single-family, duplex, three- to four-family apartments, condominiums, and mobile home/trailer parks shall have their recycling collected on a biweekly basis or as prescribed by the Village or a contractor selected by the Village. There shall be no other methods of collection.
A. 
Refer to § 292-5 for the definition of "recyclable materials."
B. 
The collection cart provided by the Village shall be the primary collection container for recyclable materials. If the collection cart is not used, the Village will not collect recyclable materials.
C. 
The Village will not collect building and construction materials from a new home construction or remodeling project as part of the residential recycling collection program. The property owner is responsible for securing a dumpster from a private company to dispose of said materials.
D. 
Items that are not subject to collection will be tagged by employees of the Village or Village's contractor and left at the residence.
[Amended 8-16-2021 by Ord. No. 21-18; 1-22-2024 by Ord. No. 24-01]
The Village shall collect from each residential unit in the Village all allowable solid waste which shall be placed in a collection cart provided by the Village. All of the Village residential units, single-family, duplex, three- to four-family apartments, condominiums, and mobile home/trailer parks shall have their solid waste collected on a weekly basis or as prescribed by the Village or a contractor selected by the Village. There shall be no other methods of collection.
A. 
It shall be illegal to dispose into a receptacle, bag, or any container left for solid waste collection, or dispose of in any landfill, the following items.
(1) 
Lead acid batteries.
(2) 
White goods.
(3) 
Waste oil.
(4) 
Recyclable materials defined in § 292-5.
(5) 
Tires.
(6) 
Compost.
(7) 
Antifreeze.
(8) 
Cell phones.
(9) 
Concrete.
(10) 
Stone.
(11) 
Dirt/clay.
(12) 
Hazardous or toxic materials as defined in the State of Wisconsin Department of Natural Resources Regulation Ch. NR 661, Wis. Adm. Code.
B. 
The collection cart provided by the Village shall be the primary collection container for solid waste. If the collection cart is not used, the Village will not collect solid waste.
C. 
The Village will not collect building and construction materials from a new home construction or remodeling project as part of the residential solid waste collection program. The property owner is responsible for securing a dumpster from a private company to dispose of said materials.
D. 
Items that are not subject to collection will be tagged by employees of the Village or Village's contractor and left at the residence.
[Amended 12-4-2008 by Ord. No. 08-57[1]; 1-18-2010 by Ord. No. 10-01; 5-17-2010 by Ord. No. 10-33; 6-16-2014 by Ord. No. 14-15; 8-16-2021 by Ord. No. 21-18]
A special collection includes a scheduled pickup of white goods and/or bulk items. There is a fee as established in the Village Fee Schedule for each white good or bulk item picked up. The fee will be added to a utility bill.
A. 
White goods:
(1) 
White goods will be picked up on Fridays only. To schedule a pickup of a white good item(s), call the Public Works Department at (262) 925-6700 by noon on Thursday. White goods must be placed curbside for collection.
(2) 
White goods include the following items:
Air conditioners
Automobile parts
Boilers
Dishwashers
Dryers
Freezers
Fuel oil tanks
Furnaces
Humidifiers
Lawn tractors
Microwave ovens
Radiators
Refrigerators
Stoves and ovens
Trash compactors
Washers
Water heater
B. 
Bulk items.
(1) 
Bulk items are classified as any item weighing more than 50 pounds which cannot fit into a collection cart and/or garbage container, when permitted. Examples of bulk items are furniture, mattresses, swing sets.
(2) 
Bulk items will be picked up on Wednesdays only. To schedule a pickup of a bulk item(s), call the Public Works Department at (262) 925-6700 by noon on Tuesday.
C. 
Televisions, computers and miscellaneous electronics. Televisions, computers and miscellaneous electronics (facsimile machine, DVD player and/or VCR) will be picked up on Fridays only. To schedule a pickup, call the Public Works Department at (262) 925-6700 by 12:00 noon on Thursday. Fees shall be as established in the Village Fee Schedule.
D. 
Cancellation of scheduled pickup for special collection. The Public Works Department must be notified of a pickup cancellation by 4:00 p.m. on the date prior to a scheduled pickup or a cancellation fee as established in the Village Fee Schedule will be charged.
E. 
Nonscheduled special collection. If a special collection item is disposed of at the curbside without a scheduled pickup, the item will be collected by the Public Works Department and a charge as established in the Village Fee Schedule per item will be added to a utility bill.
[1]
Editor's Note: This ordinance also provided an effective date of 1-1-2009.
A. 
The Village shall provide each dwelling one solid waste collection cart and one recycling collection cart. Each container must be used as the primary collection container.
B. 
All new residential dwellings after June 1, 2008, will be charged a fee as established in the Village Fee Schedule for each sixty-five-(65)-gallon solid waste collection cart and recycling collection cart and a fee as established in the Village Fee Schedule for each ninety-five-(95)-gallon solid waste collection cart and recycling collection cart, which will be collected at the time a building permit is issued and which containers will be delivered by the Public Works Department once occupancy has been approved by the Building Inspection Department.
[Amended 8-16-2021 by Ord. No. 21-18; 1-22-2024 by Ord. No. 24-01]
C. 
Any subsequent additional solid waste collection carts may be purchased from the Village for a fee as established in the Village Fee Schedule for the sixty-five-(65)-gallon collection cart and a fee as established in the Village Fee Schedule for the ninety-five-(95)-gallon collection cart. Upsizing or downsizing of a solid waste and/or recycling collection cart from/to a sixty-five-(65)-gallon cart to/from a ninety-five-(95)-gallon cart will be delivered to the resident at an additional charge as established in the Village Fee Schedule. The Village will repair any solid waste or recycling collection cart that has broken lids or wheels per the manufacturer's warranty.
[Amended 8-16-2021 by Ord. No. 21-18; 1-22-2024 by Ord. No. 24-01[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection D, regarding additional garbage containers, as amended, which immediately followed this subsection, and redesignated former Subsections E and F as Subsections D and E.
D. 
All Village-issued solid waste/recycling collection carts and dumpsters are the property of the Village of Pleasant Prairie.
[Amended 8-16-2021 by Ord. No. 21-18]
E. 
Lost, damaged or stolen solid waste/recycling collection carts are to be replaced at the expense of the resident.
[Amended 8-16-2021 by Ord. No. 21-18; 1-22-2024 by Ord. No. 24-01]
A. 
Collection of both solid waste and recyclables shall be curbside. Each resident shall provide sufficient access for the Village collection vehicles to reach the containers.
B. 
The Village shall collect the solid waste and recyclables from the "back door" of those residents who complete an application for residential disabled roll-out service. The application, which includes a disability statement to be completed by a licensed physician or optometrist, must be submitted to the Public Works Department annually.
C. 
Recycling collection carts shall be placed on the opposite side of the driveway from the solid waste collection cart.
D. 
Solid waste and recycling carts shall be at least three feet away from all other containers and objects.
E. 
Residents are responsible to clear snow from the curbside container locations.
F. 
Containers shall be stored along the side or rear of a house or garage or inside a garage or shed.
[Added 8-5-2013 by Ord. No. 13-32]
[Amended 8-16-2021 by Ord. No. 21-18]
Solid waste and recycling collection shall commence at 6:30 a.m. on the day of a regularly scheduled collection and shall be completed by 6:00 p.m. All solid waste not out for collection by 6:30 a.m. shall not be collected until the next week. Collection containers and materials shall not be placed at the curb before 6:00 p.m. on the day prior to the regularly scheduled collection day and shall be removed from the curb within 12 hours after collection.
[Amended 12-4-2008 by Ord. No. 08-57; 12-22-2009 by Ord. No. 09-64; 6-16-2014 by Ord. No. 14-15; 12-15-2014 by Ord. No. 14-35; 12-21-2015 by Ord. No. 15-49; 10-7-2019 by Ord. No. 19-37]
A. 
Solid waste/recycling collection. Rates shall be made by resolution and approved by the Village Board.[1]
[1]
Editor's Note: Former Subsection B, Change of collection option, which immediately followed this subsection, was repealed 1-22-2024 by Ord. No. 24-01. This ordinance also redesignated former Subsection C as Subsection B.
B. 
Unoccupied dwelling. All residents must pay a monthly collection fee even if the residential dwelling is unoccupied.
Except as otherwise provided in this chapter, no person other than an authorized collector shall collect or interfere with any solid waste or recyclable materials after they shall have been put into a solid waste or recycling receptacle and deposited at the curb for the collector, nor shall any unauthorized person hinder or delay or in any manner interfere with the authorized collector in the discharge of his duties. No person shall hoard solid waste and recycling for periods longer than a normal collection period.
From the time any solid waste, recycling or other items are placed at the curb for collection, they shall become and are the property of the Village of Pleasant Prairie. No one other than the designated collector is allowed to collect, pick up or scavenge items placed for collection.
The collection, removal and disposal of solid waste and recyclables shall be in full compliance with the rules and regulations governing said collection and in accordance with the statutes of the State of Wisconsin.
A. 
The Village or its designated agents may inspect any or all solid waste and recyclables for violations of this chapter.
B. 
The Village may institute any appropriate legal actions or proceedings to enforce the provisions of this chapter by means of injunction, forfeitures or otherwise as provided by law. Any person who violates the provisions of this chapter shall, upon conviction, forfeit not less than $10 or more than $600 for each violation, plus the costs of prosecution. The penalty for default of any such forfeiture and costs shall be imprisonment in the Kenosha County Jail until payment thereof, but not exceeding 90 days. Each day a violation exists or continues shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Penalties may be placed upon violators as provided in § 287.09, Wis. Stats.
D. 
No parking is allowed within 15 feet of a Village solid waste or recycling cart. The Village of Pleasant Prairie Police Department shall only enforce this subsection upon a complaint from the Public Works Department. This subsection shall not apply for private roads in a mobile home community wherein driveways do not exist. In this instance, solid waste and recycling carts must be located three feet away from vehicles towards the center line of the road and in such a manner to allow access for collection vehicles.
E. 
Residents will be charged a fee as established in the Village Fee Schedule for each nonapproved white good, bulk item, hazardous waste item, compost or items which can be disposed of at the Residential Recycling Center site found in their solid waste or recycling collection cart or garbage container.
[Amended 12-4-2008 by Ord. No. 08-57[1]; 9-19-2016 by Ord. No. 16-31; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: This ordinance also provided an effective date of 1-1-2009.
A. 
Purpose and intent. This policy will establish standard guidelines that will lead to compliance with the Village of Pleasant Prairie's recycling ordinance. The Public Works Director is responsible for enforcing the Village of Pleasant Prairie's recycling ordinance. The Public Works Director, and Department of Public Works staff, shall follow the guidelines identified in this section in response to issues associated with recycling and solid waste. This plan is intended to meet the requirements of § NR 544.04(9g), Wis. Adm. Code, as well as the Village of Pleasant Prairie's recycling ordinance.
[Amended 9-19-2016 by Ord. No. 16-31]
B. 
Residential recycling program compliance procedure for solid waste found mixed with recyclables, recyclables found in solid waste, or if a resident is not recycling within a twelve-month period:
(1) 
First offense: resident's container will be tagged with a noncompliance sticker, and the resident will be given educational materials about recycling.
(2) 
Second offense: resident's container will be tagged with a noncompliance sticker, and a noncompliance letter will be mailed to the offending parcel.
(3) 
Third offense: resident's container will be tagged with a noncompliance sticker, and a noncompliance letter will be mailed to the offending address. A citation will be issued to the offending parcel.
C. 
Multifamily apartments and business recycling program compliance procedure for not providing recycling receptacles, high levels of contamination in dumpsters, not all required materials are being recycled, solid waste found mixed with recyclables within a twelve-month period:
(1) 
First offense: resident's/operator's container will be tagged with a noncompliance sticker, and the resident/operator given educational materials about recycling. A site visit will be scheduled if required.
(2) 
Second offense: resident's/operator's container will be tagged with a noncompliance sticker, and a noncompliance letter will be mailed to the offending parcel.
(3) 
Third offense: resident's/operator's container will be tagged with a noncompliance sticker, and a noncompliance letter will be mailed to the offending address. A citation will be issued to the offending parcel.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Village will provide solid waste and recycling collection for complexes consisting of 15 or fewer units. Complexes consisting of 16 units or more shall contract to have their solid waste, garbage and refuse collected on a weekly basis and recyclables collected not less than biweekly.