Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 24.01 to 24.04 of the 1961 Code]

§ 276-1 Purpose.

Since the Village of Fox Point is primarily a residential Village and the operation of a dump in the Village creates an unsightly situation and a health menace and thereby depreciates the value of property in the neighborhood in which such a dump might exist it is, therefore, necessary to prohibit the dumping of certain materials and to regulate the dumping of others.

§ 276-2 Dumping.

A. 
No person shall dump or deposit on any property in the Village, public or private, any rubbish, stones, wire, earth, ashes, cinders, sawdust, glass, manure, filth, paper, dirt, construction wastes, garbage, old iron, tin cans, industrial waste, or other nauseous materials. This section shall not prohibit:
(1) 
The use in a normal manner of certain of these materials for improving property by fertilizing.
(2) 
The use of earth, dirt, stones, cinders, ashes, founders sand or noncombustible construction waste for the purpose of filling in and grading property located in the Village so long as any of said materials other than earth and dirt is covered with not less than six inches of earth within one week after such material has been dumped.
(3) 
The dumping or depositing of construction waste during the course of construction so long as such waste is promptly removed from the premises.
B. 
No person owning property in the Village shall authorize or permit the dumping or depositing on his property of materials prohibited in this section, except as permitted by this section.[1]
[1]
Editor's Note: Original Sec. 24.025, Village solid waste dropoff site, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 276-3 Solid waste collection. [1]

The Village collection of solid waste from properties within the Village is restricted to collection of rubbish, yard waste and recyclables. The following items, in any form, shall be prohibited, and shall not be placed for collection by any person or entity:
A. 
Appliances, generally referred to as "white goods," including refrigerators, stoves, washers, dryers, dishwashers, water heaters, microwaves, humidifiers, dehumidifiers, televisions, stereos, stereo components, and any and all types of computer equipment.
B. 
Tires.
C. 
Hazardous materials.
D. 
Construction materials having an approximate mass in excess of one cubic yard.
E. 
Scrap metal materials.
F. 
Lawn clippings.
G. 
Synthetic motor oils.
H. 
Waste oil.
I. 
Latex and oil paints.
J. 
Soil, dirt, concrete, stones, rocks, blocks, and concrete block.
K. 
Vehicle batteries.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 276-4 Burning garbage or rubbish.

A. 
It is necessary in the interests of public safety, public welfare, the protection of property and the reduction of unnecessary expense in fighting fires, to regulate the setting or starting of fires for the burning of grass, brush or rubbish within the Village.
B. 
No person shall cause or undertake to burn or set fire to any garbage except within an incinerator or furnace permanently installed in a dwelling.
C. 
No person shall cause or undertake to burn or set fire, outside of an incinerator or furnace permanently installed in a dwelling, to any grass, whether growing or cut, brush or rubbish on any premises, including any portion of a public or private way, except as hereinafter expressly provided, without first making application for and obtaining from the Police Chief a permit therefor. Application for such permit shall be made upon the form provided by the Village Clerk/Treasurer. A permit shall be issued only to the owner or occupant of the premises described in the application, or his duly authorized agent.
D. 
No permit shall be issued for starting, burning or setting of any fire and no fire shall be burned within a distance of 100 feet of any building or structure, nor at a time or under circumstances when it may reasonably be anticipated that there is danger of the fire spreading in a manner so as to endanger any land or buildings within the Village nor without supervision or contrary to regulations of the Police Chief.
E. 
The permit shall state the name of the person applying for the same and the location of the premises upon which such fire is to be set, and set forth the regulations and the manner in which such fire shall be supervised and controlled.
F. 
It is the duty of the Police Chief before issuing any permit to make such survey and examination of the premises as he shall deem necessary prior to the issuance of the permit. Refusal to issue such permit shall be reviewable by the Board of Appeals.
G. 
The owner or occupant of any premises or his agent may, without applying for or obtaining a permit therefor, burn or cause to be burned grass, brush or rubbish, exclusive of garbage, if the same is completely enclosed in a metal or metal mesh container with holes in the bottom thereof no larger than 22 inches in diameter, and with holes in the side or top thereof no larger than 1/2 inch in diameter, and provided such container is not placed closer than 25 feet to any structure nor on or near an area containing dry grass, weeds or other combustible material.
H. 
Any person who violates this section shall, upon conviction thereof, be subject to the penalty provided for violating this code and shall also pay all costs incurred by the Village in extinguishing or attempting to extinguish such fire with its fire equipment or otherwise.

§ 276-5 Storing materials or waste.

No person shall store any building materials, tool shed, work house, machinery or equipment, or building material scrap or waste on any property in the Village except when incident to construction, repair or remodeling to a building on the property or property adjacent thereto, and then from not more than one week prior to commencement of construction, repair or remodeling until one week after completion of such work.
[Adopted 3-8-1994 by Ord. No. 94-600 (Ch. 36 of the 1961 Code); amended 12-13-1994 by Ord. No. 94-609]

§ 276-6 Title.

This article shall be known as the "Recycling Ordinance for the Village of Fox Point."

§ 276-7 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 Chapter NR 544, Wis. Administrative Code.

§ 276-8 Statutory authority.

This article is adopted as authorized under §§ 287.09 and 61.35, Wis. Stats.

§ 276-9 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.

§ 276-10 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 Chapter NR 544, Wis. Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter 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.

§ 276-11 Applicability.

The requirements of this article apply to all persons within the Village of Fox Point.

§ 276-12 Administration.

The provisions of this article shall be administered by the Fox Point Village Manager.

§ 276-13 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages and other liquid or food products 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:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
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, catalogs, and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven with its capacitor, oven, refrigerator, stove, television set, residential and commercial furnaces, boilers, dehumidifiers, water heaters, and incinerators.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
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 consumer 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.
SEPARATION/SEPARATE
Sorting or segregating recyclable material from other types (nonrecyclable) of residential household solid waste. It does not mean sorting or segregating one type of recyclable material from another type of recyclable material.
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 which 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.

§ 276-14 Separation of recyclable materials.

Occupants of single family and two unit to four unit residences, multiple-family dwellings, condominiums, and nonresidential facilities and properties shall separate the following materials from postconsumer waste:
A. 
Lead acid batteries.
B. 
Major appliances.
C. 
Waste oil.
D. 
Yard waste.
E. 
Aluminum containers.
F. 
Bimetal containers.
G. 
Corrugated paper or other container board.
H. 
Foam polystyrene packaging.
I. 
Glass containers.
J. 
Magazines.
K. 
Newspaper.
L. 
Office paper.
M. 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
N. 
Steel containers.
O. 
Waste tires.

§ 276-15 Separation requirements exempted.

The separation requirements of § 276-14 do not apply to the following:
A. 
Occupants of single-family and two-to-four-unit residences, multiple-family dwellings, condominiums, 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 § 276-14 from solid waste in as pure a form as is technically feasible.
B. 
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. 
A recyclable material specified in § 276-14E through O for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Administrative Code.

§ 276-16 Care of separated recyclable materials.

To the greatest extent practicable, the recyclable materials separated in accordance with § 276-14 shall be clean and kept free of contaminants, such as food residue, product residue, oil, grease, and 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.

§ 276-17 Management of lead-acid batteries, major appliances, waste oil, yard waste and waste tires.

Occupants of single-family and two-to-four-unit residences, multiple-family dwellings, condominiums, and nonresidential facilities and properties shall manage lead-acid batteries, major appliances, waste oil, and yard waste as follows:
A. 
Lead-acid batteries shall be taken to a retail business for exchange at the time of purchase of a replacement battery.
B. 
Major appliances shall be disposed of to a firm that collects/disposes of such items for salvage.[1]
[1]
Editor's Note: Original Sec. 1.14(3), regarding depositing waste oil in the waste oil receptacle at the rear of Village Hall, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Yard waste shall be placed at the roadside in front of the occupant's dwelling for collection on the same day as regular rubbish collection. Material shall be placed in containers as prescribed from time to time by the Village Board. The Village will collect yard waste only at dwellings/facilities at which it collects rubbish.
D. 
Waste tires shall be taken to a retail tire vendor for disposal at the time of replacement.

§ 276-18 Preparation and collection of recyclable materials.

Except as otherwise directed by the Village Board, occupants of single-family (including condominiums) and two-to-four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 276-14E through O, excluding § 276-14L:
A. 
Aluminum containers shall be rinsed of product residue and any caps removed and discarded. The containers shall be placed in the approved recycling bin at the designated location on the collection day.
B. 
Bimetal containers shall be rinsed of product residue and any caps removed and discarded. The containers shall be placed in the approved recycling bin at the designated location on the collection day.
C. 
Corrugated paper or other container board shall be free of debris, flattened, stacked and tied, and placed at the designated location on the collection day.
D. 
Foam polystyrene packaging shall be placed in a paper or plastic bag. This bag shall be placed in the approved recycling bin at the designated location on the collection day.
E. 
Glass containers shall be rinsed of product residue and any caps removed and discarded. The containers shall be placed in the approved recycling bin at the designated location on the collection day.
F. 
Magazines shall be tied in bundles or placed into a grocery-type bag. This bundle/bag shall be placed at the designated location on the collection day.
G. 
Newspapers shall be tied in bundles or placed into a grocery-type bag. This bundle/bag shall be placed at the designated location on the collection day.
H. 
Rigid plastic containers shall be prepared and collected as follows: plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins shall be rinsed of product residue and any caps removed and discarded. The containers shall be placed in the approved recycling bin at the designated location on the collection day.
I. 
Steel containers shall be shall be rinsed of product residue and any caps removed and discarded. The containers shall be placed in the approved recycling bin at the designated location on the collection day.

§ 276-19 Responsibilities of owners or designated agents of multiple-family dwellings.

A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 276-14E through O, excluding § 276-14L:
(1) 
Provide adequate separate containers for the recyclable materials.
(2) 
Notify tenants in writing about the established recycling program at the time of renting or leasing the dwelling and at least semiannually thereafter.
(3) 
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) 
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. 
The requirements specified in Subsection A 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 material specified in § 276-14E through O from solid waste in as pure a form as is technically feasible.

§ 276-20 Responsibilities of owners or designated agents of nonresidential facilities and properties.

A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the material specified in § 276-14E through O:
(1) 
Provide adequate separate containers for the recyclable materials.
(2) 
Notify tenants, users, and occupants in writing about the established recycling program at the time of rental or lease and at least semiannually thereafter.
(3) 
Provide for the collection of the materials separated from solid waste by the users, tenants, and occupants and the delivery of the materials to a recycling facility.
(4) 
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 contact person or company, including a name, address, and telephone number.
B. 
The requirements specified in Subsection A 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 § 276-14E through O from solid waste in as pure a form as is technically feasible.

§ 276-21 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 § 276-14E through O which have been separated for recycling, except waste tires, which may be burned with energy recovery in a solid waste treatment facility.

§ 276-22 Proper disposal of recyclables.

A. 
It shall be unlawful for any person to dispose of or dump recyclables in any street, alley, or other public place within Fox Point, unless legally disposed of at the Village recycling center.
B. 
No person shall place for collection recyclables at any designated location not owned or occupied by such person.
C. 
It shall be unlawful to burn or bury solid waste, rubbish, and recyclables.
D. 
It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, construction debris, carcasses, and medical wastes.
E. 
It shall be unlawful to bring into Fox Point for disposal recyclables from outside the Village corporate limits unless authorized by agreement with the Village.
F. 
The Village, or its designated contractor, has the right to reject or leave at any designated location any recyclable material that is not prepared according to the specifications in this article or as set forth in instructions provided by the Village or its designated contractor. The Village, or its designated contractor, has the right to reject or leave at any designated location any postconsumer waste intended for disposal which contains any of the recyclable material(s) specified in § 276-14E through O, excluding § 276-14L.
G. 
Once placed for collection, recyclable materials become the property of the Village of Fox Point.

§ 276-23 Enforcement; violations and penalties.

A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee, or representative of the Village of Fox Point may inspect: recyclable materials separated for recycling; postconsumer waste intended for disposal; rubbish; recycling collection sites; any facilities, collection vehicles, and 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 officer, employee, or authorized representative of the Village of Fox Point who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
B. 
Any person who violates a provision of this article may be issued a citation by the Village of Fox Point. 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. 
Penalties for violating this article may be assessed as follows: Any person who violates a provision of this article may be required to forfeit not less than $50 nor more than $2,000 for each violation.