[HISTORY: Adopted by the Village Board of
the Village of Sauk City as Chs. 8.03 and 8.08 of the 1970 Code. Amendments
noted where applicable.]
The collection of garbage and/or refuse as defined
in this article and its disposition and removal are declared to be
a municipal function and enterprise in the interest of public health,
welfare, safety and sanitation.
The following words, when used in this article,
shall have the meanings respectively ascribed to them:
Substantially constructed of metal, plastic or other nonabsorbent
material, 20 to 30 gallons in capacity, with suitable handle and separate,
close-fitting covers, or plastic bags, or standard truck-loading steel
containers with hinged covers, on swivel-type caster wheels. Any of
such containers shall be capable of being handled by one person or
with mechanical equipment.
A person, firm or corporation engaged in selling or offering
for sale household appliances and equipment and/or tires.
Includes all refuse accumulations of animal, fruit or vegetable
matter that attend the preparation, processing, use, cooking, sale,
dealing in or storage of meat, fish, fowl, fruit or vegetables and
containers or wrappers originally used for foodstuffs.
Any disposal site that has been properly and officially licensed
by the Department of Natural Resources shall be termed a "licensed
site."
A building or portion thereof used or designated for housekeeping
purposes.
A parcel of land, whether composed of one or more Village
lots, upon which any building or group of buildings is located, and
it shall expressly apply when more than one building is located upon
a lot or lots under a single ownership or management.
Includes, without limitation because of enumeration,
tin cans, papers, cartons, boxes, barrels, excelsior, bundled tree
branches, yard trimmings and containers, bedding, and noncombustible
trash, including but not limited to glass, rubber and plastic materials,
crockery, other mineral wastes, street rubbish and litter, sweepings,
dirt, leaves and ashes.
"Refuse" shall not include dead animals; toxic
and hazardous waste materials as defined in the Department of Natural
Resources Solid Waste Disposal Standards; automobiles, auto bodies,
doors, trunk covers, frames and engines; tires used for autos and
farm implements and machinery from dealers; home appliances; or earth,
waste materials and debris resulting from building construction, remodeling
or demolition, including shingles and roofing debris.
Any owner or tenant of residential, commercial, industrial,
or agricultural property within the Village limits of the Village
who presents garbage and refuse for collection in accordance with
terms of this article.
As authorized by §§ 66.0405 and
66.0703, Wis. Stats., there is hereby created a garbage and refuse
collection fee which shall be adopted by resolution by the Village
Board from time to time.
Pursuant to the authority of § 66.0703,
Wis. Stats., in addition to all other methods provided by law, charges
for the garbage and refuse collection services imposed pursuant to
this article may be placed as a special assessment against the property
served and shall be a lien against the property from the date of levy
in accordance with the Wisconsin Statutes. The Village Administrator
shall certify to the Village Board the unpaid balances, and such amounts
shall be collected and enforced in the manner provided for by law
in the collection and enforcement of special assessments.
A.Â
All garbage accumulation between times of collection
shall be placed in containers and the covers securely placed thereon
and shall be drained of all liquid and packaged securely by wrapping
in paper, plastic, or by other approved means, and refuse may be placed
outside such containers when securely bundled or placed in baskets,
boxes or other receptacles in such manner as to permit easy handling.
B.Â
Garbage containers or other containers for refuse
shall be presented for collection at the side or rear of the premises
where vehicular access is possible, and in all other instances the
same shall be place on the tree bank at the front of the property.
The Village Administrator or his designee is empowered to require
the relocation of such containers so as to provide a readily accessible
and convenient site.
C.Â
Garbage and refuse containers are to be placed at
the collection sites no more than 18 hours before collection time
and shall be removed from collection sites 18 hours after pickup,
and under no circumstances shall containers be stored in the street
or alley.
D.Â
Steel containers. Garbage may be placed in standard
truck-loading steel containers, with hinged-type covers of adequate
size and number, on swivel-type caster wheels, that are easily maneuvered
by one man not exceeding two cubic yards in capacity. Further, standard
truck-loading steel containers as herein specified shall be provided
when garbage can containers exceed eight in number at any premises;
provided, however, that physical characteristics of the property allow
the maneuvering of the refuse collection vehicle to a point of reasonably
close proximity to the steel container.
E.Â
Container enclosures. The Village Administrator is
empowered to require the construction of adequate enclosures for refuse
containers whenever the location is such that weather elements or
vandalism results in refuse being scattered about the premises so
as to constitute a health hazard or a nuisance or when, in the opinion
of the Village Administrator, the location of the refuse containers
for the property will have an adverse effect for adjoining properties
or when the property will be aesthetically enhanced by such refuse
enclosures. Any enclosures for refuse containers shall be large enough
so that the containers will not bend and shall have adequate openings
so it will be feasible to remove the containers by sliding rather
than lifting.
A.Â
It shall be mandatory upon all occupants or persons
in possession, charge or control of places or premises within the
Village in or from which garbage and/or refuse is created, accumulated
or produced to dispose of the same. Garbage and refuse collection
service will be provided by the Village.
B.Â
The collection, removal and disposition of garbage
and refuse shall be provided under the supervision, direction and
control of the Village Board, or its designated representative, and
may be furnished directly by the Village, or such service may be contracted
for with an individual, firm or corporation.
C.Â
The specifications and provisions for any contract
for the collection, removal and disposition of garbage and/or refuse
shall be prepared at the instance and under the direction of the Village
Administrator, and the contract must be approved by the Village Board.
D.Â
Such contract, when awarded, shall be subject to all
of the terms of this article and such other rules and regulations
as will hereafter be adopted. Such contract shall contain a clause
regulating the disposition of garbage and refuse and may contain such
other reservations as meet the approval of the Village Board.
E.Â
No person, firm or corporation shall collect garbage
and refuse for hire from any residential premises within the Village
other than the Village or the individual, firm or contractor holding
the contract for such collection, unless such person, firm or corporation
has a license from the Village to make such collections, in which
event the license fee shall be as set by the Village Board. Such person,
firm or corporation shall then be required to comply with all of the
provisions of this article.[1]
Any user may appeal to the Village Board the
collection rate that is currently imposed upon the user as provided
for herein. All appeals shall be made directly to the full Village
Board, and a decision shall be rendered by a majority vote of the
members. The appellant shall provide by competent evidence proof that
his or her classification rate is incorrect and competent evidence
as to which rate classification is applicable.
A special handling charge shall be imposed upon
the unpaid balances for the garbage and refuse collection charge in
an amount equal to 1Â 1/2% per month on the amount remaining unpaid.
This charge is for the purpose of covering the cost of administration
and handling the accounts that remain unpaid. All garbage and refuse
charges are due in full upon receipt by the user.[1]
A.Â
Statutory authorization. This article is adopted pursuant
to the authorization in § 287.09, Wis. Stats., and Ch. NR
544, Wis. Adm. Code.
B.Â
Purpose. The purpose of this article 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.Â
Title. The title of this article shall be "Recycling
Ordinance for the Village of Sauk City, Sauk County, Wisconsin."
A.Â
Abrogation and greater restrictions. It is not intended
by this article 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 article
imposes greater restrictions, the provisions of this article shall
apply.
B.Â
Interpretation. In their interpretation and application,
the provisions of this article 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 article may be inconsistent or conflicting, the more restrictive
requirements or interpretation shall apply. Where a provision of this
article is required by Wisconsin Statutes, or by a standard in Ch.
NR 544, Wis. Adm. Code, and where the article provision 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 article or in effect on the date of the most recent text amendment
to this article.
C.Â
Applicability. The requirements of this article apply
to all persons within the Village of Sauk City, Sauk County, Wisconsin.
D.Â
Administration. The provisions of this article shall
be administered by the Village Board of the Village of Sauk City,
Sauk County, Wisconsin.
A.Â
Separation requirements. Occupants of single-family
and two- to four-unit residences, multiple-family dwellings and nonresidential
facilities and properties shall separate the following materials from
post-consumer waste:
(1)Â
Lead acid batteries.
(2)Â
Major appliances.
(3)Â
Waste oil.
(4)Â
Yard waste.
(5)Â
Aluminum containers.
(6)Â
Bimetal containers.
(7)Â
Corrugated paper or other container board.
(8)Â
Foam polystyrene packaging.
(9)Â
Glass containers.
(10)Â
Magazines.
(11)Â
Newspaper.
(12)Â
Office paper.
(13)Â
Rigid plastic containers made of PETE, HDPE,
PVC, LDPE, PP, PS, and other resins or multiple resins.
(14)Â
Steel containers.
(15)Â
Waste tires.
B.Â
Separation requirements exempted. The separation requirements of Subsection A do not apply to the following:
(1)Â
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection A from solid waste in as pure a form as is technically feasible.
(2)Â
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.
C.Â
Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection A 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.
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:
A.Â
Lead acid batteries. Lead acid batteries shall be
taken to a retail business that sells batteries.
B.Â
Major appliances. Major appliances shall be set at
curbside for disposal by the Village-contracted hauler.
[Amended 6-13-2006 by Ord. No. 2006-4]
C.Â
Waste oil. Residents shall contact the Village-contracted
hauler for information on disposal of waste oil.
[Amended 6-13-2006 by Ord. No. 2006-4]
D.Â
Yard waste.
[Amended 11-12-2019 by Ord. No. 2019-10; 9-14-2021 by Ord. No. 2021-3]
(1)Â
Except as otherwise provided in this subsection, all yard waste set
out for collection, including grass clippings, shall be bagged. All
yard waste shall be placed on the tree bank behind the curb and not
in the gutter or street or may be taken to a Village compost site
at designated open times. Yard waste bags set out for collection shall
not exceed 40 pounds. During the time period designated by the Village
for leaf collection, leaves may be placed on the tree bank behind
the curb and not in the gutter or street without being bagged, however
leaves must be bagged at all other times. No person shall deposit
grass clippings into the street or street gutter.
(2)Â
Yard waste must be bagged using only biodegradable paper lawn/leaf
bags. All other containers, including plastic bags, garbage bags,
plastic containers, or similar containers are prohibited. Yard waste
in prohibited containers will not be collected at the curb or accepted
at the Village compost site.
(3)Â
Branches
and limbs do not need to be bagged. Brush must be piled neatly with
all ends placed toward the curb. Brush must be cut no larger than
three inches in diameter. Residents who hire a contractor to remove
any tree are responsible for removing all logs and branches from the
tree, regardless of size.
(4)Â
Any person who violates this subsection shall be subject to the forfeitures as set forth in § 276-20C(2).
Except as otherwise directed by the Village Board, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 276-11A:
A.Â
Aluminum containers. Aluminum containers shall be
thoroughly rinsed free of product and placed in clear plastic bags
and placed at curbside.
B.Â
Bimetal containers. Bimetal containers shall be thoroughly
rinsed free of product and placed in clear plastic bags and placed
at curbside.
C.Â
Corrugated paper or other container board. Corrugated
paper or other container board shall be free of debris, flattened,
stacked and tied and placed at curbside.
D.Â
Foam polystyrene packaging. Foam polystyrene packaging
shall be free of debris and placed in clear plastic bags and placed
at curbside.
E.Â
Glass containers. Glass containers shall be rinsed
free of product and placed in clear plastic bags and placed at curbside.
F.Â
Magazines. Magazines shall be bundled and tied and
placed at curbside.
G.Â
Newspaper. Newspaper shall be free of debris, stacked
and tied and placed at curbside.
H.Â
Office paper. Office paper should be placed in clear
plastic bags and placed at curbside.
I.Â
Rigid plastic containers. Plastic containers made
of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins
shall be rinsed free of product, have their tops removed, and be placed
in clear plastic bags which shall be placed at curbside.[1]
[Amended 6-13-2006 by Ord. No. 2006-4]
[1]
Editor's Note: Original § 8.08.05A(10),
which immediately followed this subsection, was deleted 6-13-2006
by Ord. No. 2006-4.
J.Â
Steel containers. Steel containers shall be rinsed
clean, have labels removed, and be placed in clear plastic bags and
placed at curbside.
K.Â
Waste tires. Waste tires shall have a ticket purchased
from the Village-contracted hauler placed on them and should be set
at curbside for disposal by the Village-contracted hauler.
A.Â
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 276-11A:
(1)Â
Provide adequate, separate containers for the recyclable
materials.
(2)Â
Notify tenants in writing at the time of renting or
leasing the dwelling and at least semiannually thereafter about the
established recycling program.
(3)Â
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.
(4)Â
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.
B.Â
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer 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 § 276-11A from solid waste in as pure a form as is technically feasible.
A.Â
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 276-11A:
(1)Â
Provide adequate, separate containers for the recyclable
materials.
(2)Â
Notify in writing, at least semiannually, all users,
tenants and occupants of the properties about the established recycling
program.
(3)Â
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.
(4)Â
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.
B.Â
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer 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 § 276-11A from solid waste in as pure a form as is technically feasible.
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 § 276-11A which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
No person or corporation shall engage in the
business of contracting garbage or recyclables within the Village
of Sauk City without being licensed by the Village and by the Department
of Natural Resources under § NR 502.06, Wis. Adm. Code.
It shall be unlawful for any person to dispose
of or dump garbage in any street, alley, or other public place within
the Village of Sauk City or in any receptacles or private property
without the owner's consent.
A.Â
For the purpose of administering and enforcing this
article, the terms or words used herein shall be interpreted as follows:
words used in the present tense include the future; words in the singular
number include the plural number; and words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
B.Â
BIMETAL CONTAINER
CONTAINER BOARD
FOAM POLYSTYRENE PACKAGING
HDPE
LDPE
MAGAZINES
MAJOR APPLIANCE
MULTIPLE-FAMILY DWELLING
NEWSPAPER
NONRESIDENTIAL FACILITIES AND PROPERTIES
OFFICE PAPER
OTHER RESINS or MULTIPLE RESINS
PERSON
PETE
PLASTIC CONTAINER
POST-CONSUMER WASTE
PP
PS
PVC
RECYCLABLE MATERIALS
SOLID WASTE
SOLID WASTE FACILITY
SOLID WASTE TREATMENT
WASTE TIRE
YARD WASTE
The following terms used in this article have the
meaning indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
furnace, boiler, dehumidifier, water heater or stove.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
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.
Plastic resins labeled by the SPI Code No. 7.
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.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
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.
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.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
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.
Has the meaning specified in § 281.01(15), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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.
A.Â
For the purpose of ascertaining compliance with the
provisions of this article, any authorized officer, employee or representative
of the Village of Sauk City may inspect recyclable materials separated
for recycling, post-consumer 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 Village of Sauk City who requests access for
purposes of inspection and who presents appropriate credentials. No
person may obstruct, hamper, or interfere with such an inspection.
B.Â
Any person who violates a provision of this article
may be issued a citation by the Village of Sauk City 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.
C.Â
Penalties for violating this article may be assessed
as follows: