Town of Cedarburg, WI
Ozaukee County
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Table of Contents
Table of Contents
[Adopted 1-2-1991 as Title 6, Ch. 3 of the 1991 Code; amended in its entirety 12-7-2005 by Ord. No. 2005-10]
This article shall be known as the "Solid Waste Management Ordinance of the Town of Cedarburg," hereinafter referred to as "this article."
It is hereby declared to be the purpose and intent of this article to enhance and improve the environment and promote the health, safety and welfare of the Town by establishing minimum standards for the storage, collection, transport, processing, separation, recovery and disposal of solid waste.
For the purpose of this article, the following words and phrases shall have the meaning given herein, unless different meanings are clearly indicated by the context:
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
BULKY ITEMS
Items whose large size prevents placement in a refuse cart or precludes or complicates their handling by normal collection, processing or disposal methods.
[Amended 12-1-2010 by Ord. No. 2010-17]
COMMERCIAL UNIT
All structures except for single- and two-family homes.
CONSTRUCTION WASTES
That portion of solid wastes consisting of wastes from the repair, remodeling or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt and plaster, conduit, pipe, wire, insulation and any other materials resulting from the demolition of buildings and improvements.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DUMP
A land site where solid waste is disposed of in a manner that does not protect the environment.
DWELLING UNIT
A place of habitation occupied by a normal single-family unit or a combination of persons who may be considered as equivalent to a single-family unit for the purposes of this article.
GARBAGE
Includes every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables originally used for foodstuffs.
HAZARDOUS WASTE
Those wastes, such as toxic, radioactive or pathogenic substances, which require special handling to avoid illness or injury to persons or damage to property and the environment.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
LITTER
Solid waste scattered about in a careless manner, usually rubbish.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial or institutional activities.
PERSON
Individuals, firms, corporations and associations, and includes the plural as well as the singular.
PRIVATE COLLECTION SERVICES
Collection services provided by a person licensed to do the same by the DNR.
RECYCLABLE WASTE
Waste material that can be remanufactured into usable products and shall include, by way of enumeration but not by way of limitation, glass, plastics, newspapers, cardboard and metals (aluminum, steel, tin, brass, etc.).
REFUSE
Includes all waste material, including garbage, rubbish and industrial waste, and shall, by way of enumeration but not by way of limitation, include ash, boards, furniture or household appliances and bulky items.
REFUSE CARTS
Includes all carts that are approved and/or purchased from the Town of Cedarburg. The minimum refuse cart size shall be 35 gallons, with the maximum refuse cart size not to exceed 96 gallons.[1]
[Amended 12-1-2010 by Ord. No. 2010-17]
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
An individual household capable of independent habitation by a family unit. A single-family dwelling shall be considered to be one residential unit; a multifamily dwelling shall be considered to be multiple residential units, the number of residential units to equal the number of family units to be housed therein. Residential units shall not include boardinghouses, motels, resorts or bed-and-breakfasts.
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, or recyclables.
SCAVENGING
The uncontrolled removal of materials at any point in solid waste management.
SHARPS
Needles, syringes with needles attached and disposable lancets.
SHOULDER
That part of the road right-of-way, normally gravel, that lies between the edge of pavement and the side of the ditch.
SOLID WASTE
Garbage, rubbish, refuse, and other useless, unwanted or discarded material from agricultural, residential, commercial, industrial or institutional activities. Solid waste does not include solid or dissolved material in domestic sewage. Solid waste includes opened dry latex paint cans which shall not be placed in a refuse container or cart, but shall be placed next to the refuse container or cart for collection.
[Amended 2-6-2008 by Ord. No. 2008-5; 12-1-2010 by Ord. No. 2010-17]
STORAGE
The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
STORAGE AREAS
Areas where persons place containers during noncollection days as well as areas where containers are set out on collection day.
[1]
Editor’s Note: The former definition of “refuse containers,” which immediately followed this definition, was repealed 12-1-2010 by Ord. No. 2010-17.
Storage areas shall be kept in a nuisance- and odor-free condition. Litter shall not be allowed to accumulate. Collection crews will not be responsible for cleaning up loose materials from any containers which have become ruptured or broken due to weather conditions, animals, vandalism or other cause. The occupant and/or owner shall be responsible for cleaning up this litter. Litter not collected shall not be allowed to accumulate. Violation will result in the occupant and/or owner being notified to clean up his area, with continued violation resulting in the owner being prosecuted under the provision of this article and other Town ordinances.
A. 
General container standards. All refuse containers or carts shall be as described in § 273-3 of this article. They shall be maintained in a nuisance- and odor-free condition and shall be sufficient to prevent the scattering of contents by weather conditions or animals.
B. 
Approved containers. All garbage created, accumulated or produced shall be deposited in refuse containers or carts of a type approved by the Town.
[Amended 10-4-2006 by Ord. No. 2006-11; 2-6-2008 by Ord. No. 2008-5]
(1) 
After December 31, 2010, except as provided herein, only approved refuse carts shall be used by residents of the Town for the collection of refuse. No household may have more than three carts per residence. The following exceptions may apply to the requirements of using refuse carts:
[Amended 12-1-2010 by Ord. No. 2010-17]
(a) 
Residents with a permanent physical limitation or disability that makes it unreasonably difficult or not possible to use a refuse cart for collection at a residential unit, and for whom no regular assistance with the refuse carts is available, may apply to the Director of Public Works for an exemption from the refuse cart requirement for the residential unit. However, if such exemption is granted, the only other type of containers that may be used are plastic bags of not more than 32 gallons in size and its contents of refuse weighing less than 50 pounds.
[Amended 3-2-2011 by Ord. No. 2011-3]
(2) 
All newly constructed homes receiving occupancy permits after January 1, 2006, shall be required to purchase a refuse cart or carts as described in § 273-3. No household may have more than three carts per residence. Refuse not contained within the cart (overflow) will not be collected, unless in compliance with Subsection B(1) above or Subsection B(3) below.
[Amended 3-2-2011 by Ord. No. 2011-3]
(3) 
Town residents may bring overflow refuse to the Town yard (that area adjoining the Town Hall and Town Garage and surrounded by a chain-link fence) for placement in assigned containers. Overflow shall not contain recyclable material, shall not contain any hazardous or prohibited material, and shall consist only of refuse generated in the Town of Cedarburg. All overflow refuse must be in plastic bags. No large or bulk items may be dropped off. These items will require a special pickup as defined in this article. Dropoff will only be accepted during regular business hours for Town Hall or during open hours for the recycling center. During regular business hours, residents must sign in at Town Hall prior to depositing the overflow refuse. During recycling center hours residents must check in with the yard attendant before depositing overflow refuse.
[Added 3-2-2011 by Ord. No. 2011-3[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection B(3) as Subsection B(4).
(4) 
Any refuse carts purchased from the Town will be covered by the manufacturer's applicable warranty. Damage that occurs to the cart, either within or after the expiration of the applicable manufacturer's warranty, during normal refuse collection activities shall be repaired or replaced by the Town. If the refuse cart is damaged due to abuse, vandalism, unauthorized repair or alteration or failure due to natural calamities, such as fire, storm or high winds, it will be the homeowner's responsibility to have the cart repaired or replaced.
C. 
Householder to provide containers. It shall be the duty of every occupant, tenant and proprietor of any residential unit to purchase refuse carts capable of holding all garbage which would ordinarily accumulate on such premises between the times of successive collections.
[Amended 12-1-2010 by Ord. No. 2010-17]
D. 
Ashes. Cold, completely extinguished ashes shall be placed within a paper or plastic bag prior to depositing the ashes in a refuse cart.
[Amended 12-1-2010 by Ord. No. 2010-17]
E. 
Illegal containers. After December 31, 2010, only approved refuse carts shall be considered legal containers for refuse collection as provided under Subsection B(1) above.
[Amended 2-6-2008 by Ord. No. 2008-5; 12-1-2010 by Ord. No. 2010-17]
[Amended 12-1-2010 by Ord. No. 2010-17]
A. 
Placement for collection: residential.
(1) 
Residential solid waste shall be accessible to collection crews. All refuse and rubbish for collection shall be placed on a relatively level area in front of the premises adjacent to but not on the roadway. "Adjacent" for the purpose of this article shall mean no farther than 10 feet from the edge of the road pavement. Bulky wastes from residential units shall likewise be placed in neat, orderly fashion adjacent to the roadway. Carts shall be positioned with the lid opening facing the road. If multiple carts are placed at a single location, the carts shall be placed at least three feet apart. During winter months, solid waste shall not be placed on top of the snow bank, nor shall it be placed in the roadway. The owner shall either shovel out an area on the shoulder of the road in which to place his refuse or he shall place it in his driveway. Collection crews and trucks will not collect residential solid waste unless it is placed in close proximity to the pavement of a public or private road. Residential units shall bring their solid waste to the public right-of-way for collection unless a written agreement exists with the Town for entry onto private property. Should collection crews be unable to discharge contents of refuse carts into collection vehicles using normal handing procedures, the carts, including contents, will be left at roadside. The owner shall make provisions to assure that the solid waste therein can be collected on the scheduled collection day during the following week. Collection crews will not empty refuse carts by means other than automated dumping.
(2) 
Loose garbage and rubbish shall be placed in refuse carts as described in § 273-3 of this article.
(3) 
All refuse carts shall be maintained in a clean and structurally sound condition.
(4) 
Garbage and rubbish shall be placed in such a manner and the covers so affixed that no garbage or rubbish will be blown onto the adjacent pavement or surrounding ground.
(5) 
Emptied refuse carts shall be removed from the roadside on the same day of collection. Items not taken by the collector, because they violate these regulations, shall also be removed the same day.
(6) 
Rubbish which cannot be feasibly placed in refuse carts because of its bulky size shall be set out individually or in bundles of less than 50 pounds. Bulk and bundled items shall require a special pickup. Residents shall notify Town Hall of the special pickup and pay all appropriate pickup and disposal fees, as listed in the Town Board approved fee schedule,[1] prior to pickup of the bulk or bundled items.
[1]
Editor's Note: The fee schedule is on file in the Town offices.
(7) 
Bulky items, such as but not limited to refrigerators, washing machines and furniture, may be collected by the Town with equipment other than the compactor trucks. All bulky metal items and furniture shall require a special pickup as described in § 273-6A(6).
(8) 
Branches, sticks and brush will not be collected as refuse. They shall be placed in a pile on the road side of the ditch near the driveway, if the resident wants the Town to chip them. After being notified by the resident, the Town will chip these branches, sticks or brush, haul the chips away and bill the resident, according to the current fee schedule. Roadside chipping shall be available from April 1 to October 15 each year.
B. 
Restrictions on time of placement.
(1) 
All refuse carts shall be placed in collection locations as designated in Subsection A above only after 7:00 p.m. on the evenings prior to the regular collection day and prior to 6:30 a.m. on the scheduled day of collection. All refuse carts for refuse and garbage disposal shall be removed from the roadside on the same day of collection unless the refuse is not collected due to unforeseeable circumstances, when it shall be collected the next day.
(2) 
In case of a holiday or extremely inclement weather, the collection will be made one day later than normally scheduled, unless notified otherwise. Any change in routing or scheduling not connected with holidays will be done so only after each occupant receives adequate notice of such change. (Holidays affecting garbage collection would be Memorial Day and Labor Day and the following if they would fall on a Monday, Tuesday or Wednesday: New Year's Day, Independence Day, Christmas Eve, Christmas Day and New Year's Eve.)
(3) 
Town employees, Town vehicles, or employees of licensed collectors will not enter any structures or enter onto private property to remove garbage or refuse, except by written agreement with the property owner.
(4) 
Items not taken by the collector because of size, weight, volume or packaging shall be removed the same day of collection, except that bulk and bundled items, metals and appliances, scheduled for special pickup shall be left for pickup at a later date.
C. 
Placement for collection: commercial. Garbage and rubbish pickup from commercial and industrial sites will be limited to three refuse carts (maximum size of 96 gallons) per week. Disposal of additional garbage and rubbish from these sites will be the responsibility of the occupant, who may contract with a commercial hauler for its removal.
A. 
Dead animal. It shall be unlawful to place any dead animal, or parts thereof, in a container for collection; provided, however, that this subsection shall not apply to animal parts from food preparation for human consumption.
B. 
Undrained food wastes. It shall be unlawful to place any garbage or other food waste in a container for collection unless it is first drained and wrapped.
C. 
Ashes. Cold, completely extinguished ashes contained within paper or plastic bags may be placed within a refuse container for collection.
D. 
Improper placement. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, or public or private property within the Town contrary to the provisions of this article.
E. 
Compliance with article. It shall be unlawful to store, collect, transport, transfer, recover, incinerate or dispose of any solid waste within the boundaries of the Town contrary to the provisions of this article.
F. 
Improper transportation. It shall be unlawful to transport any solid waste in any vehicle which permits the contents to blow, sift, leak or fall therefrom. If spillage does occur, the collection crew shall immediately return spilled materials to the collection vehicle and shall properly clean, or have cleaned, the area. All vehicles used for the collection and transportation of solid waste shall be durable, easily cleanable and leakproof, if necessary, considering the type of waste and its moisture content. Collection vehicles shall be cleaned frequently to prevent nuisances and insect breeding and shall be maintained in good repair.
G. 
Interference with authorized collector. No person other than an authorized collector shall collect or interfere with any garbage after it shall have been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any authorized person molest, hinder, delay or in any manner interfere with an authorized garbage collector in the discharge of his duties.
H. 
Scavenging. It shall be unlawful for any person to scavenge any solid waste placed for collection.
I. 
Private dumps. It shall be unlawful for any person to use or operate a dump.
J. 
Noncollectible materials. It shall be unlawful for any person to place for collection any of the following wastes:
(1) 
Hazardous waste.
(2) 
Toxic waste.
(3) 
Chemicals.
(4) 
Explosives or ammunition.
(5) 
Drain or waste oil or flammable liquids.
(6) 
Liquid paint.
(7) 
Tires.
(8) 
Liquid wastes (i.e., cooking oils).
(9) 
Branches, sticks, leaves, logs or garden waste.
K. 
Animal or human wastes. It shall be unlawful for any person to place animal wastes and/or human wastes for collection, unless said wastes are placed in a sealed plastic bag.
L. 
Medical wastes. It shall be unlawful for any person to place for collection any pathogenic medical wastes. It shall be unlawful for any person to place sharps for collection. These items shall be disposed of at an approved sharps disposal facility.
M. 
Building waste. Rubbish from building construction, remodeling or razing will not be collected by the Town and must be disposed of by the building contractor or owner. Small amounts of lumber in stacks or bundles of less than 50 pounds will be collected as a special pickup as described in § 273-6A(6) if the wood is cut into four-foot lengths or less. Small scraps of wood may be bagged and placed in the refuse cart.
[Amended 12-1-2010 by Ord. No. 2010-17]
N. 
Stumps. Tree and/or shrub stumps will not be picked up by the Town.
O. 
Boulders, dirt and similar wastes. Boulders, dirt, ground, concrete, concrete blocks, stones, rocks, sod and similar heavy, dense waste will not be picked up by the Town. Such items shall be disposed of privately.
P. 
Sawdust and similar wastes. Sawdust and other fine, dry particulate matter or dust shall be picked up only if it is contained within sealed paper or plastic bags and placed within the refuse cart.
[Amended 12-1-2010 by Ord. No. 2010-17]
The accumulation or deposit of garbage, trash or putrescible animal or vegetable matter in or upon any lot or land or any public or private place within the Town which causes the air or environment to become noxious or offensive or to be in such a condition as to promote the breeding of flies, mosquitoes or other insects, or to provide a habitat or breeding place for rodents or other animals, or which otherwise becomes injurious to the public health, is prohibited and declared to constitute a nuisance.
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 Town.
A. 
Recyclable materials. It is unlawful for any person, firm or corporation to place, deposit or cause to be deposited for collection any materials defined as recyclable in Article III, Recycling, of this chapter. Refuse found to contain these materials will not be collected. Carts found to be in violation of this subsection along with all other carts at the commercial or residential dwelling unit will not be dumped.
[Amended 12-1-2010 by Ord. No. 2010-17]
B. 
Composting site. A composting structure is located at the Town materials yard. The Town shall not pick up grass clippings, leaves or other vegetation. Those who wish to dispose of their grass clippings, leaves, weeds and garden vegetation should deposit them in the Town composting structure.[1]
[1]
Editor's Note: Former Subsection C, regarding the Town Recycling Center, added 2-3-2010 by Ord. No. 2010-2, as amended, which immediately followed this subsection, was repealed 12-3-2014 by Ord. No. 2014-16.
[Amended 12-1-2010 by Ord. No. 2010-17; 12-3-2014 by Ord. No. 2014-16]
A. 
What may be deposited. Any resident of the Town of Cedarburg may bring to the Town materials yard (that area adjoining the Town Hall and Town Garage and surrounded by a chain-link fence) any metal, used oil, tires, grass clippings, leaves, weeds and garden vegetation which are generated from the resident's property in the Town of Cedarburg, but not brush, branches, sticks or stumps, and place these waste materials in the area assigned for the respective materials. No other materials may be deposited in the Town materials yard. No metal deposited in the yard and no Town construction and maintenance materials, including topsoil, may be removed from the Town yard. Tires require payment of a dropoff fee prior to being deposited in the Town materials yard.
B. 
Unlawful use.
(1) 
It shall be unlawful for anyone who is not a Town resident to deposit waste material in the Town materials yard;
(2) 
It shall be unlawful for anyone to deposit any waste material, except those permitted by Town ordinance and/or signs and which shall only be waste materials generated in the Town of Cedarburg; and
C. 
Fees for the pickup and disposal of metal items. Residents shall be charged a fee for the pickup and disposal of scrap metal items according to the fee schedule approved by the Town Board.