Village of Brandon, WI
Fond Du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Brandon 12-14-1998 as Title 8, Ch. 3, of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials and pollution — See Ch. 284.
Health and sanitation — See Ch. 288.
Nuisances— See Ch. 349.
Peace and good order — See Ch. 363.
Property maintenance — See Ch. 370.

§ 398-1 Recycling and separation of solid waste.

A. 
The Village shall have direct supervision and control of the management of all solid waste. In order to reduce the amount of solid waste, the Village will direct and maintain a program to provide alternatives to landfill and incineration without energy recovery. The aim of such a program will be to:
(1) 
Reduce the amount of solid waste generated in the Village;
(2) 
Reclaim as much reusable and recyclable material from the Village's waste stream as is feasible; and
(3) 
Encourage residents to reduce their production of waste and to participate in the recycling efforts of the Village.
B. 
This chapter shall govern the waste disposal of all residents and property owners within the Village. Commercial, industrial and multifamily dwellings of five or more units shall follow the guidelines in § 398-6.
C. 
Each residence shall separate from the solid waste to be collected all recyclable materials accepted under the Village's recycling program and any such materials as the Village may require, including, but not limited to:
(1) 
Tires, either automotive or tractor types.
(2) 
Construction materials, except clean lumber and demolition waste.
(3) 
Hazardous waste materials as defined in § 291.05(2), Wis. Stats.
(4) 
Yard waste (clippings, brush, etc.).

§ 398-2 Preparation of recyclable materials. [1]

Residents shall, after separating the items from other solid waste, make the recyclable materials available for collection in the following manner:
A. 
Placed in the provided recycling cart.
(1) 
Mixed containers:
(a) 
Aluminum cans and clean aluminum foil.
(b) 
Tin cans, steel cans, aerosol cans, empty/dried paint cans.
(c) 
Glass bottles and jars.
(d) 
Numbers 1 through 7 plastic.
(e) 
Milk cartons, juice boxes, soup cartons.
(2) 
Mixed paper:
(a) 
Newspaper, magazines, books, mail, school/office paper.
(b) 
Brown corrugated cardboard.
(c) 
Gray chipboard (cereal and shoe boxes).
(d) 
Brown paper bags.
(e) 
Shredded paper (bagged in clear plastic).
B. 
Do not put the following items in the recycling cart:
(1) 
Styrofoam of any kind.
(2) 
Trash.
(3) 
Construction materials.
(4) 
Clothing.
(5) 
Yard waste.
(6) 
Household hazardous waste.
(7) 
Electronics.
C. 
Additional items not allowed in recycling cart:
(1) 
Hazardous material, such as toxic, radioactive, and pathogenic substances which require special handling to avoid illness, injury to persons or damage to property and environment.
(2) 
Local clean sweep programs offer alternatives for fluorescent lights bulbs, household hazardous waste, pharmaceuticals and electronics.
(3) 
Industrial waste: a waste material directly or indirectly resulting from an industrial processing or manufacturing operation.
(4) 
Local clean sweep programs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 398-3 Collection of recyclable materials.

The Village shall operate the recycling program so that residents have reasonable access to the program and as cost-efficient as possible. Whenever possible, local markets and services are to be utilized.[1]
[1]
Editor's Note: Original § 8-3-4 of the 1998 Code, Brandon Area Recycling Center (BARC), which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 398-4 Collection of bulk and yard waste.

The Village may, by action of the Village Board, provide for the collection of bulky items or materials not normally collected. The Village shall issue a list of what materials will be accepted and the time and date of the collection. The Village may also provide for a regular collection of yard waste or brush by issuing the schedule and requirements of such a collection.

§ 398-5 Hazardous waste collection.

The collection, handling and transportation of hazardous waste shall only be done by a licensed hazardous waste collector or treatment facility. The Village may provide such a collection so far as it follows the regulations and guidelines set forth in Ch. 291, Wis. Stats.

§ 398-6 Commercial, industrial and multifamily dwellings.

A. 
Multifamily dwellings.
(1) 
As per § 287.07, Wis. Stats., owners of buildings containing five or more dwelling units shall provide for the collection and proper treatment of solid waste through a solid waste collector licensed by the Village. Such solid waste collection shall require the proper handling and disposal of recyclable materials as provided in § 287.11(2)(c), Wis. Stats.
(2) 
If such collection does not take place which will separate and treat postconsumer waste as set forth in § 287.07, Wis. Stats., the owner shall:
(a) 
Provide adequate, separate containers for recyclable materials.
(b) 
Notify the tenants at the time of renting or leasing, and semiannually thereafter, of the programs in this section.
(c) 
Provide for the collection of recyclable materials separated from solid waste by the tenants and the delivery of the recyclable materials to a recycling facility.
(3) 
All owners of dwellings of five or more units must be able to provide proof of compliance with this section upon request of the Village Board or its designee.
B. 
Commercial and industrial sites.
(1) 
Per § 287.07, Wis. Stats., all commercial and industrial sites within the Village shall provide for the collection and proper treatment of solid waste through a solid waste collector licensed by the Village. Such solid waste collection shall require the proper handling and disposal of recyclable materials as provided in § 287.11(2)(d), Wis. Stats.
(2) 
If such collection does not take place which will separate and treat postconsumer waste as set forth in § 287.07, Wis. Stats., the owner shall:
(a) 
Provide adequate, separate containers for recyclable materials.
(b) 
Regularly notify all users and occupants of the facility of the programs in this section.
(c) 
Provide for the collection of recyclable materials separated from solid waste by all users and occupants of the facility and the delivery of the recyclable materials to a recycling facility.
(3) 
All owners of commercial or industrial sites must be able to provide proof of compliance with this section upon request of the Village Board or its designee.

§ 398-7 Enforcement; violations and penalties.

A. 
To maintain an effective program for recycling, reduce waste and properly handle all solid waste, the Village retains the right to inspect all materials placed in the program. The Village assumes no unconditional duty to accept any material unless the guidelines of the programs in this chapter or other ordinances and Ch. 287, Wis. Stats., are met. To ensure proper treatment of the materials, the following measures may be used from time to time, either for at-random inspections or actions stemming from complaints.
B. 
The Village and its authorized agents may refuse to pick up solid waste (garbage) if it appears that no effort was made to separate recyclable materials from solid waste or if an attempt to conceal the recyclables appears to have taken place.
C. 
Any recycling material delivered to the recycling center must meet the guidelines of the center. Such materials shall be properly prepared and cleaned, if necessary, before being accepted into the recycling program. Improperly prepared materials or those not clearly marked as eligible shall be rejected. The operator also has the prerogative to refuse all materials stored with rejected materials.
D. 
Written warnings may be given to those who fail either to separate recyclables from their solid waste or to properly prepare such items for the recycling center.
E. 
Any person found to repeatedly fail to comply with this chapter, after written warnings prove ineffective, shall be subject to a penalty as provided in § 1-4 of this Code.

§ 398-8 Licensing of solid waste collectors.

A. 
Generally. Because the Village must have direct control or supervision of the solid waste in the Village, the license allows the Village to uphold standards without granting exclusive contracts to collectors. While any resident or business is free to individually contract for such services, the collection must follow the standards for the Village as contained in Ch. 287, Wis. Stats.
B. 
Terms and conditions of license. All collectors shall be licensed by a majority vote of the Village Board before they may commence any activity or accept any contract for services. The Village reserves the right to deny or revoke any license on the grounds of gross or contained violation of the standards prescribed below. The license for each collector shall be valid for the calendar year. Each collector must resubmit its application in order for the license to be renewed.
C. 
Standards for solid waste collector's license.
(1) 
Application. The application shall consist of the following:
(a) 
The name of the collector.
(b) 
The period for which the license is applied for.
(c) 
A list of those who are to receive service, unless the collector is operating under a direct contract with the Village.
(d) 
Verification that the collector will adhere to the standards of solid waste collection listed below.
(2) 
Standards of solid waste collection. Each collector will operate its service in such a way that:
(a) 
Recycled materials which are separated will not be landfilled or incinerated without energy recovery.
(b) 
Material is collected and transported in a way that does not endanger the residents and prevents against litter.
(c) 
Hazardous waste will not be handled, treated, or transported without a valid hazardous waste license from the State of Wisconsin and under the guidelines of Ch. 291, Wis. Stats.

§ 398-9 Collection of nonrecyclable refuse.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DRY REFUSE
Includes nonrecyclable tin cans and other discarded metalware, paper, rags, glass, crockery, rubber, leather, wood, flowers, earth, ashes, cinders, rubbish, waste material and waste building materials.
GARBAGE
Nonrecyclable animal or vegetable refuse from the storage, vending, sale, preparation or use of foodstuffs, such as meat, fish, fowl, fruit or vegetables, and includes such paper as may be used in the wrapping thereof.
B. 
Containers.
(1) 
All residences, hotels, restaurants, boardinghouses or other places where garbage is accumulated shall provide approved containers, watertight and flytight and provided with close-fitting covers. All garbage intended for collection shall be kept in containers that shall not exceed 35 gallons in capacity.
(2) 
Containers for the storage of any yard waste or residential waste shall accommodate the waste material contained therein without causing litter and shall be provided with covers, if necessary, to prevent the blowing of wastepaper and shall be small enough to be easily emptied.
C. 
Accumulation and removal. No person shall allow garbage or other refuse materials to accumulate on his/her private property, permitting the breeding of flies or mosquitoes, causing a nuisance from obnoxious odors, or constituting other health or fire hazards. Garbage shall be removed by the Village from private property at least once a week, no two consecutive collections to be more than 10 days apart. Collection shall be as often as necessary to maintain in a sanitary manner the business district, hotels, restaurants, boardinghouses and such other places as produce or accumulate garbage in large quantities. All containers must be placed at the curb by 8:00 a.m.
D. 
Disposal. No garbage or other refuse materials shall be dropped, dumped, thrown or deposited by any person upon any highway, alley, lot, common, banks or streams or other bodies of water within the Village with the following exceptions:
(1) 
Garbage may be fed to domestic animals and fowls, provided that such feeding places shall at all times be maintained in a sanitary condition, and where keeping such domestic animals or fowls is not prohibited by law.
(2) 
Dry refuse, ashes and waste building materials may be deposited only upon such public dumping places as the Village Board or its designee may designate, or upon private dumping places with the consent of the owners and the approval of the Village Board or its designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Burying and burning. No garbage shall be buried in the ground, deposited in any privy vault or cesspool, or burned in the open air or in an outdoor furnace. The burning of garbage in an inside furnace or stove is permitted.
F. 
Interference. No person, other than an authorized collector, shall collect or interfere with any garbage after it has been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any unauthorized person molest, hinder, delay or in any manner interfere with an authorized garbage collector in the discharge of his duties.
G. 
Conveyances. All vehicles used by collectors of garbage shall be of substantial construction, and the bodies, or other garbage containers, shall be watertight and provided with covers which shall be closed at all times except when garbage is being loaded or unloaded.

§ 398-10 Dumpsters. [1]

A. 
Trash pickup. It is unlawful for any person in a noncommercially zoned area (R-1 Single-Family Residential, R-2 One- and Two-Family Residential and R-3 Multiple-Family Residential under five units) to whom trash pickup is available to use a dumpster unless a permit is obtained before use. Dumpsters are allowed by permit for apartment buildings with five or more units but the dumpster must be enclosed on all sides by a solid fence. No dumpster is allowed on any part of a public street from November 1 to April 1 unless permission is granted by the Director of Public Works.
B. 
Streets. It shall be unlawful to place any dumpster on any part of a public street or Village right-of-way in the Village without first obtaining a permit for such placement from the Village Clerk. Fees for the permit will be determined by the Village Board. Placement of the dumpster will need approval by the Director of Public Works. Permits shall be issued in the name of the property owners of the property where the dumpster is to be used. Permits shall be conditioned upon compliance by the permittee with such safety precautions and other conditions as shall be set forth in the permit. Failure to comply with the terms of the permit or failure to remove the dumpster upon expiration of the permit shall be grounds for the Village to remove the dumpster from the public street and charge the permittee the reasonable costs of such removal, as well as any storage costs. The permit issued under this section shall not exceed 30 days. A thirty-day renewal can be issued for a renewal fee as set by the Village Board.
C. 
Construction/remodeling. The use of a dumpster for the purpose of disposing of waste created during the construction/remodeling process shall not be allowed on private property unless a proper construction/remodeling dumpster permit is obtained. This permit shall be valid as long as the building permit obtained for the construction/remodeling is valid. If the Building Inspector determines that the project is substantially finished, the permit may be terminated.
D. 
Trash dumpsters and garbage receptacles (trash and garbage storage). The following requirements shall be met for trash dumpsters and garbage receptacles:
(1) 
Centralized location(s) of trash dumpsters and garbage receptacles required. All multiple-family residential buildings and uses, except for four units and under, shall provide facilities for the central and accessible storage of solid waste within the parcel or lot. The location of said facilities shall be approved by the Village Department of Public Works or Police Department. The location must be no less than 50 feet from a public street or sidewalk.
(2) 
Trash dumpster and garbage receptacle enclosures required for multiunits of five or more. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids and shall be concealed or suitably screened from public view. Sightproof fencing (wood, masonry or composite) shall be used to totally obstruct vision into the storage areas.
(3) 
Trash dumpster and garbage receptacle maintenance required. Dumpster lids shall be closed at all times. Fencing and landscaping for storage areas shall be maintained in good condition and kept litter free. All garbage cans, trash containers, and other garbage storage devices shall be emptied and the contents thereof properly disposed of not less than once every seven days. It is the responsibility of the property owner or garbage contractor to keep dumpsters free from offensive odors that linger after the container is emptied.
(4) 
Unenclosed storage of trash or waste prohibited. No portion of the lot shall be used for open or unenclosed storage of trash or waste of any kind.
(5) 
Adequate size to accommodate recycling materials. All trash dumpster and garbage receptacle areas shall be of an adequate size to accommodate the storage of materials to be recycled.
(6) 
Building permit required for the construction of garbage, trash, waste and dumpster enclosures. A building permit shall be required for the construction of any garbage, trash, waste, or dumpster enclosure.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).