[HISTORY: Adopted by the Common Council of the City of Markesan
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 11, Sec. 11.07, of the 1991 Municipal Code;
amended in its entirety 9-11-2018 by Ord. No. 244]
It shall be unlawful for any person to dispose of or dump garbage
in any street, alley or other public place within the City of Markesan,
unless it is placed in containers in the manner and at the time specified
by this Code of Ordinances.
It shall be unlawful for any person to place for disposal any
of the following wastes: hazardous and toxic waste, chemicals, explosives,
flammable liquids, paint, trees and stumps, construction debris, or
carcasses.
It shall be unlawful to bring refuse for disposal and recyclables
from outside the corporate limits into the City of Markesan unless
authorized by agreement with the City.
For-profit haulers who collect solid waste or recyclables in
the City of Markesan for storage, treatment, processing, marketing
or disposal shall obtain and maintain all necessary municipal and
state permits, licenses and approvals prior to collecting any materials
in the City of Markesan.
The City may establish fees for service recipients for the payment
of collection services for solid waste and recyclables.
A.
The owner of any property upon which trees or brush are cut or trimmed
has the full responsibility for disposal of such wood, brush, or trimmings,
personally or by private contract, within a reasonable time, and no
later than seven days after receipt of notification to do so from
the Director of Public Works.
B.
Such brush, tree trimmings, wood, and yard waste generated by routine
monthly maintenance will be picked up by the City under the following
conditions:
(1)
Only on the third Monday of each month, April through October.
(2)
All tree limbs shall be piled parallel with the curb in the same
direction and within four feet of curb. Small pieces shall be placed
in suitable containers. No bags will be accepted.
(3)
Tree stumps and tree roots will not be picked up by the City. Brush
larger than three inches will not be accepted.
(4)
All piles shall be placed on the curbside no earlier than seven days
prior to the scheduled pickup day. Piles should be separate and distinct.
(5)
City pickup shall be a maximum 1/2 load per residence per pickup.
Any amount greater than 1/2 a truck load may be charged a service
fee as noted in the Schedule of Fees, and each subsequent load will
be charged an additional fee.
(6)
No leaves or brush piles shall be placed in any street.
(7)
Contractor-processed brush and leaves will not be accepted, and will
be the responsibility of the property owner.
C.
Leaves will be accepted during scheduled days. Piles should be separated
from brush and distinct and should be piled within four feet of the
curb. No grass clippings or bags will be accepted.
A.
The former landfill site of the City shall be open on Saturdays for
the depositing of compostables. A custodian shall be present during
the open hours to supervise the site.
B.
Leaves, grass clippings, and yard and garden waste may be deposited
on the compost pile at the former landfill site.
C.
Brush will be accepted at the former landfill site and must be unloaded
on the approved pile. A fee will be charged.
D.
Materials from demolished buildings, stones, pieces of concrete,
rock, cement blocks, bricks or other cement products will not be accepted.
E.
No person who does not reside in the Town of Green Lake, the Town
of Mackford, the Town of Manchester or this City shall deposit anything
in the former landfill site. No resident of said towns or this City
shall bring in and deposit anything from outside said towns or this
City.
No hot cinders or ashes or any smoldering embers shall be set
out or placed in a refuse container of any kind on the day of collection.
All waste resulting from the remodeling or construction of a
building, roadway or sidewalk shall be disposed of by the owner, builder
or contractor.
A.
Post-consumer waste shall be collected by the City or a City-contracted
collecting and transporting service once per week from all residential
properties which are not zoned multiple-family dwellings, provided
that such waste is properly handled, prepared, contained, stored,
and located in conformance with this article and rules. Such post-consumer
waste collection shall be provided at no charge for one rollout container
as provided by the City.
B.
Any accumulation of refuse, garbage or both on any premises in the
City is hereby declared to be a nuisance and is prohibited. The owner
is responsible for removal of same and upon failure to remove it after
written notice by the Building Inspector, the Chief of Police or the
Fire Chief, the City will cause the removal of accumulation of refuse
or garbage and place the charges on the tax roll. Nothing in this
section shall be construed to prevent the making of fills with rubbish
or ashes when the same is done with the approval of the health and
sanitary regulations.
[Adopted by Ord. No. 134; amended by Ord. No.
159, effective 1-1-1995 (Ch.
11, Sec. 11.08, of the 1991 Municipal Code); amended in its entirety 2-11-2014 by Ord. No. 231]
The title of this article shall be "Recycling Ordinance for
the City of Markesan."
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.
This article is adopted as authorized under § 287.09(3)(b),
Wis. Stats., and the City of Markesan Municipal Code.
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.
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 or any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this article
shall 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 article 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 of this article.
The requirements of this article apply to all persons within
the City of Markesan.
The provisions of this article shall be administered by the
Director of Public Works for the City of Markesan.
For the purpose of this article, the following terms shall 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 government
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 government 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.
[Amended 4-14-2015 by Ord. No. 233]
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 § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designated 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.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from postconsumer waste:
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.
The separation requirements of § 323-12 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 323-12 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplement fuel at a facility if
less than 30% of the heat input to the facility is derived from the
solid waste burned as supplement fuel.
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.
Lead acid batteries shall be delivered to the Recycling Center at
N2298 County Road A, Markesan, WI. A fee may be charged.
B.
Major appliances shall be delivered to the Recycling Center at N2298
County Road A, Markesan, WI. A fee will be charged.
C.
Waste oil will not be accepted at the Recycling Center. It shall
be placed in gallon milk jugs and taken to a proper facility for recycling.
[Amended 4-14-2015 by Ord. No. 233]
D.
Yard waste shall be delivered to the Recycling Center at N2298 County
Road A, Markesan, WI, or properly composted on the residents' property.
[Amended 4-14-2015 by Ord. No. 233]
To the greatest extent practicable, the recyclable materials separated in accordance with § 323-12 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 material shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
[Amended 4-14-2015 by Ord. No. 233; 9-11-2018 by Ord. No. 244]
A.
Placement for collection. Post-consumer waste and recycling materials
subject to collection by the City shall be placed in an approved container
provided by the waste hauler (contractor). Such containers shall be
placed for collection at the curbline, facing the street, three feet
away from each other and from any other structure allowing for an
automated pickup process.
B.
Collection times. Approved collection containers shall be placed
at the curbline by 6:00 a.m. on the scheduled day of collection. They
shall be placed at the curbline not more than 12 hours prior to the
collection day and shall be removed not more than 12 hours after collection
day. The annual collection schedule will be made available at City
Hall. Failure to comply shall be a violation of this section and may
result in the issuance of a citation.
C.
Containers.
(1)
One ninety-five-gallon solid waste cart and one ninety-five-gallon
recyclable cart will be provided to each developed and zoned residential
property. All containers are the property of the contractor. The contractor
will replace, without cost, any carts damaged by the contractor during
the collection process. Any carts damaged by a household unit beyond
normal wear and tear, or a cart that is lost, stolen or otherwise
deemed unusable, will be replaced by the contractor and the replacement
cost charged to the City and subsequently billed to the property owner.
Carts shall remain with the applicable household unit at all times.
Transfer of property ownership or new tenants at a residence shall
not constitute the issuance of new carts for the property.
(2)
Should the property require more than one solid waste cart or one
recyclable cart, the homeowner will be required to contract independently
with a contractor for pickup and disposal of their refuse.
(3)
One ninety-five-gallon solid waste cart and one ninety-five-gallon
recyclable cart will be provided to each developed and zoned commercial
property. All containers are the property of the contractor. The contractor
will replace, without cost, any carts damaged by the contractor during
the collection process. Any carts damaged by a commercial property
beyond normal wear and tear, or a cart that is lost, stolen or otherwise
deemed unusable, will be replaced by the contractor and the replacement
cost charged to the City and subsequently billed to the property owner.
Carts shall remain with the developed commercial building at all times.
Transfer of property ownership shall not constitute the issuance of
new carts for the property. If said commercial property is in need
of more containers, it is the responsibility of the commercial property
to contract independently for waste and recyclable pickup, and will
not be eligible for City-provided pickup.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 323-12, Subsections E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(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 materials specified in § 323-12, Subsections E through O, from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 323-12, Subsections E through O:
(1)
Provide adequate, separate containers for the recycle materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)
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)
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.
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 § 323-12, Subsections E through O, from solid waste in as pure a form as is technically feasible.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the City of Markesan may inspect recyclable materials separated for
recycling, postconsumer waste intended for disposal, recycling collection
sites and facilities, collection vehicles, collection areas of multiple-family
dwellings and nonresidential facilities and properties, and any records
relating to recycling activities, which shall be kept confidential
when necessary to protect proprietary information. No person may refuse
access to any authorized officer, employee or authorized representative
of the City of Markesan who requests access for purposes of inspection,
and who presents appropriate credentials. No person may obstruct,
hamper, or interfere with such inspection.
B.
Any person who violates a provision of this article may be issued
a citation by the Markesan Police Department 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.
