[HISTORY: Adopted by the Town Board of the Town of Algoma as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 113.
Brush, grass and weeds — See Ch. 130.
Fires and fire prevention — See Ch. 184.
Nuisances — See Ch. 243.
[Adopted 7-18-1984 by Ord. No. 35]
The purpose of this article is to regulate the dumping or disposal of waste, garbage, refuse and sludge by individuals, corporations, and municipalities, or a county within the Town of Algoma. Because of the possible danger to the health, safety and welfare of the public, such dumping or disposal within the Town of Algoma shall only be permitted under the terms and conditions set forth below.
As used in this article, the following terms shall have the meanings indicated:
DUMPING or DISPOSAL
Includes but is not limited to unloading, throwing away, discarding, emptying, abandoning, discharging, burning, or burying waste, garbage, refuse or sludge on, into or under any property or lands, whether publicly or privately owned, within the Town of Algoma. "Dumping" and "disposal" are not intended to include the filling of land areas with natural soil, sand, gravel, or other clean dirt material.
GARBAGE
Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
MUNICIPALITY
Any city, village, town or county.
REFUSE
Combustible and noncombustible discarded material, including but not limited to trash, rubbish, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter and street rubbish, industrial waste, dead animals, mine trailings, gravel pit and quarry spoils, toxic and hazardous wastes, and material and debris resulting from construction or demolition.
SLUDGE
Sewage treatment residue in any form whatsoever, whether solid, semisolid or liquid, which has been processed or treated in any way, form or manner.
WASTE
Garbage, refuse and all other discharged or salvageable material, including waste materials resulting from industrial, commercial and agricultural operations and from domestic use and public service activities.
Except as expressly permitted in § 328-4 below, no person, partnership, individual, corporation, municipality, or county shall dump or dispose of waste, garbage, refuse or sludge within the Town of Algoma unless a permit to engage in such dumping or disposal is first obtained from the Town of Algoma under the conditions prescribed herein.
The following shall not be deemed to come within the scope or meaning of this article:
A. 
Sites used for the dumping or disposal of waste, garbage or refuse from a single family or household, a member of which is the owner, occupant or lessee of the property; provided, however, that such waste, garbage or refuse is placed in suitable containers or stored in such other way as to not cause a public or private nuisance.
B. 
The use of sanitary privies and what are commonly known as seepage beds or septic tanks, which conform to applicable ordinances of the Town of Algoma and Winnebago County, or the discharge of human waste products into the public sewage system located within the Town of Algoma.
C. 
Farm or farms on which only animal waste resulting from the operation of the farm or farms is disposed of.
D. 
Any dumping operation under the direction and control of the Town of Algoma.
Persons, municipalities, or counties which are permitted to engage in dumping or disposal operations shall be subject to the following regulations:
A. 
The dumping or disposal operations must be conducted in such a way as to not constitute a public or private nuisance.
B. 
The dumping or disposal operations shall be permitted only in the agriculturally or industrially zoned areas as set forth in the Official Zoning Map of Winnebago County.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Persons, municipalities, or counties engaged in dumping or disposal operations must conduct the operations in such a way that dust, dirt, debris or other materials or substances will not be carried by wind across the boundary of the parcel of land being used for dumping or disposal operations.
D. 
A suitable covering of gravel or dirt shall be placed over all of the area used for dumping or disposal operation within a reasonable time after the dumping or disposal occurs, not to exceed 10 days; such covering must be done in such a way as to give the area so covered a grading compatible with the surrounding and adjacent property in such a way as to not substantially depreciate property values within the immediate area.
E. 
The dumping or disposal operations shall be conducted within the hours as established and authorized by the Town Board.
F. 
The applicant shall be required to submit reports of quantity and type of waste, garbage, refuse and sludge being disposed of at the permitted premises.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
The Town Board shall have the authority to impose any other conditions as a requirement of this permit which are consistent with and at least as restrictive as Department of Natural Resources (NR) regulations of the Wisconsin Administrative Code.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
The applicant shall be required to use only the routes of travel as authorized by the Town Board.
There shall be a public hearing on any application for a permit to engage in dumping or disposal operations. The application shall be on file with the Town Clerk at least 30 days before the public hearing. The application shall contain the name and address of the applicant, an explanation of the nature and purpose of the dumping or disposal and a detailed description of the dumping or disposal plan.
A public hearing will be required under the following terms:
A. 
Notice shall be given as a Class 3 notice as described in § 985.07, Wis. Stats.
B. 
The cost of publication of such notices shall be deposited by the applicant in advance.
C. 
A public hearing shall be held on the date specified in the notices or any adjourned date; however, such public hearing shall be merely advisory in regard to affecting any action which may be taken by Town Board upon such application.
A. 
The Town Board reserves the right to require the applicant to post a bond, the condition of which will be that this article shall be observed and that the dumping or disposal plan and plan for long-term care after closure will be carried out and any penalties imposed shall be paid; if there is a violation of this article or if the dumping or disposal plan is not carried out, the Town Board shall have the right to revoke the dumping or disposal permit and if necessary obtain a court order terminating such dumping or disposal operation; if after a reasonable demand the owner of the land does not cover the dumping or disposal area in accordance with the dumping or disposal plan, the Town Board shall have the right to correct the violation and to charge the expense against the bond.
B. 
The applicant for a dumping or disposal permit in making the application grants to the Town of Algoma the right to go on the land and carry out the dumping or disposal plan if the owner or occupant of the land fails to do so after reasonable notice is given.
C. 
The Town Board reserves the right to require the applicant to establish an escrow fund or take other action as it deems appropriate to pay for long-term liability insurance for the Town and another affected municipality in the event the site creates environmental, safety or health hazards.
The application for a permit shall be processed within 90 days of the receipt thereof, and a permit shall be issued if the Town Board is satisfied that there has been and will be reasonable compliance with the conditions enumerated herein. If approved by the Town Board, the permit shall be issued by the Town Clerk upon payment of an annual fee as set by the Town Board. This fee shall be due annually January 1 of each year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The permit once issued may be revoked after public hearing upon a published Class 1 notice by the Town of Algoma at any time if any of the conditions necessary for the issuance thereof and any terms of this article are violated.
Nothing contained herein shall be deemed to limit or restrict the application of any state law or administrative regulation of any state agency regulating the subject of this article.
References to the term "person" or "anyone" or like references shall be deemed to refer to a person, a sole proprietorship, a partnership, a corporation, a municipality or county, and also a responsible member or a responsible officer or a responsible managing agent of any single proprietorship, partnership or corporation unless the context clearly indicates otherwise.
Any person violating this article shall be fined not less than $10 nor more than $200 for each offense. Each day is a separate offense. Imprisonment in the county jail can be ordered only for failure to pay the fine that may be imposed. If imprisonment is ordered for failure to pay the fine, it shall be limited to one day of confinement for each $5 of fine or fraction thereof.
[Adopted 5-18-1994 by Ord. No. 77]
This article shall be titled "Solid Waste Disposal and Recycling."
To the extent permitted by law, this article is intended to serve as a municipal waste flow control ordinance in conjunction with program activities of Winnebago County and its Solid Waste Management Board. It is intended by this article to establish regulations that reduce the amount of solid waste and other disposables in landfills and thus protect the public health, public welfare, and the environment. In so doing, this article is to promote recycling, composting, and resource recovery through the administration of an effective recycling program in the Town and to allow the Town to comply with Chapter 287 of the Wisconsin Statutes and Chapter NR 544 of the Wisconsin Administrative Code or their successor provisions.
This article is adopted as authorized under § 287.09(3)(b), Wis. Stats., Chs. 146, 252, 281 and 823, Wis. Stats., and by adoption of village powers under § 60.10, Wis. Stats.
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 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, Wisconsin 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 to this article.
The requirements of this article apply to all persons within the Town of Algoma, Winnebago County, Wisconsin.
The provisions of this article shall be administered by the Algoma Town Board or its designee.
The provisions of this article shall take effect on January 1, 1995.
As used in this article, the following terms shall have the meanings indicated:[1]
CONTAINER
A receptacle designed for the purpose of collection of recyclable materials. Required containers for other portions of the solid waste stream shall be as specifically designated in other portions of this article.[2]
CONTRACTOR
The person, corporation or partnership performing recyclable materials collection and processing under this article as well as solid waste collection and disposal.
GARBAGE
Discarded materials resulting from the handling, processing, preparation, storage, cooking and consumption of food, and discarded animal feces.
HAZARDOUS SUBSTANCE
Any substance or combination of substances which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment. This term includes, but is not limited to, pesticides and substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives, as determined by the Department of Natural Resources.[3]
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCES
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, furnace, boiler, dehumidifier or water heater.
[Amended 7-20-1994 by Ord. No. 80]
MEDICAL WASTE
Infectious waste and those containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste.[4]
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 printouts are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
PERSON
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.[5]
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.[6]
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 mixed or other resins or multiple resins; steel containers; waste tires; and bimetal containers.
REFUSE
All matters produced from industrial or community life, subject to decomposition, not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt, plaster, tires, batteries, antifreeze, automotive engine waste oil, yard waste and building and demolition materials.
RESIDENTIAL UNIT
A space within the limits of the Town which constitutes a separate household occupied by a person or group of persons. Each residential space on a farm or other property containing more than one such space shall be considered a residential unit. Residential spaces in properties containing more than four residential units are not included. A residential unit shall be considered occupied when domestic light and power services are supplied thereto. In the case of new construction, a residential unit must have been issued a certificate of occupancy.
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.[7]
[1]
Editor's Note: The definition of "bimetal container," which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The definition of "container board," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: The definitions of "HDPE," and "LDPE," which immediately and respectively followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[4]
Editor's Note: The definition of "mixed or other plastic resin types," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[5]
Editor's Note: The definition of "PETE," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[6]
Editor's Note: The definitions of "PP," "PS," and "PVC," which immediately and respectively followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[7]
Editor's Note: The definitions of "steel container," "waste tire," and "yard waste," which immediately and respectively followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Residential areas.
(1) 
Solid waste, with the exception of recyclable materials, shall be collected once a week from residential units and churches according to a schedule set by the Town Board.
(2) 
Recyclable materials shall be collected from residential units according to a schedule set by the Town Board.
B. 
Multiple-family dwellings and industrial areas. Solid waste shall be collected only from residential units and churches. No collection is provided by the Town from commercial and industrial establishments or multiple-family dwellings. These establishments must arrange for collection and disposal of all of their solid waste and recyclables in a manner required by this article.
[Amended 6-15-2016]
A. 
Storage. Solid waste shall be stored to the rear of a residential unit or otherwise in such location that it is not visible from the street.
B. 
Placement for pickup.
(1) 
Solid waste must be stored in approved containers purchased from the Town of Algoma. One solid waste container may be placed at roadside for collection no earlier than 4:00 p.m. of the day preceding a regularly scheduled pickup or a previously announced pickup date.
[Amended 6-15-2016]
(2) 
Only solid waste in the appropriate container will be collected.
[Amended 6-15-2016]
(3) 
Containers must be set out by 6:00 a.m. on the collection date. A charge and administrative fee set by the Town Board will be assessed when the Town or its contractor must return to pick up a container set out after the regularly scheduled pickup has occurred.
[Amended 6-15-2016]
(4) 
Containers must be returned to their storage area within 12 hours of pickup.
(5) 
"Roadside" refers to that portion of the right-of-way adjacent to paved or traveled public roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, containers shall be placed as close as practicable to an access point for the collection vehicle.
(6) 
Private roads that are capable of handling the vehicle the Town's contractor uses for collection shall be included in the collection route, provided that the contractor or the Town can obtain permission from the owners and parties having maintenance responsibility for these roads which includes a release of liability from the owners of the private roads. In the event permission cannot be obtained, only those materials that are left adjacent to the right-of-way of the intersecting public roadway near the point of its intersection with the private roadway will be picked up.
[Amended 1-18-2017 by Ord. No. 2017-01]
[Amended 6-15-2016]
A. 
Storage. Recyclable materials shall be stored to the rear of a residential unit or otherwise in such location that it is not visible from the street.
B. 
Recyclable items.
(1) 
Plastic. All food, beverage and household bottles, jars, jugs, dairy containers and lids and deli, bakery and produce containers and lids.
(2) 
Metal. Aluminum bottles and cans, steel, tin and bimetal cans and empty aerosol cans.
(3) 
Paper. Newspapers, inserts, cardboard, paperboard, junk mail, catalogs, office paper, milk, juice and soup cartons, phone books, books and magazines.
(4) 
Glass. Food and beverage bottles and jars.
C. 
Placement for pickup.
(1) 
Recyclable materials must be stored in approved containers purchased from the Town of Algoma. One recyclable-materials container may be placed at roadside for collection no earlier than 4:00 p.m. of the day preceding a regularly scheduled pickup or a previously announced pickup date.
(2) 
Only recyclable materials in the appropriate container will be collected.
(3) 
Containers must be set out by 6:00 a.m. on the collection date. A charge and administrative fee set by the Town Board will be assessed when the Town or its contractor must return to pick up a container set out after the regularly scheduled pickup has occurred.
(4) 
Containers must be returned to their storage area within 12 hours of pickup.
(5) 
"Roadside" refers to that portion of the right-of-way adjacent to paved or traveled public roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, containers shall be placed as close as practicable to an access point for the collection vehicle.
(6) 
Private roads that are capable of handling the vehicle the Town's contractor uses for collection shall be included in the collection route, provided that the contractor or the Town can obtain permission from the owners and parties having maintenance responsibility for these roads which includes a release of liability from the owners of private roads. In the event permission cannot be obtained, only those materials that are left adjacent to the right-of-way of the intersecting public roadway near the point of its intersection with the private roadway will be picked up.
[Amended 1-18-2017 by Ord. No. 2017-01]
D. 
The Town Board has entered into the 1993 County/Municipal Recycling Agreement as a signing municipality to the Winnebago County Solid Waste Management Board. All solid waste and recyclable items are directed to the Winnebago County Solid Waste Facility. The Winnebago County Solid Waste Management Board designates solid waste and recyclable items. Recyclable items not able to be picked up curbside may be taken to the Winnebago County Solid Waste Facility.[1]
[1]
Editor's Note: Original Sections (of Ord. No. 77) 1.14, Separation requirements exempted; 1.15, Care of separated recyclable materials; 1.16, Management of lead acid batteries, major appliances, waste oil and yard waste; and 1.17, Preparation and collection of solid waste, which immediately and respectively followed this subsection, were repealed 6-15-2016.
[Amended 6-15-2016]
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 328-25B:
(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 recyclable material 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 § 328-25B from solid waste in as pure a form as is technically feasible.
[Amended 6-15-2016]
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 328-25B:
(1) 
Provide adequate, separate containers for the recyclable 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 recyclable material 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 § 328-25B from solid waste in as pure a from as is technically feasible.
[Amended 6-15-2016]
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the recyclable materials specified in § 328-25B 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 collecting solid waste or recyclables within the Town for storage, treatment, processing, marketing or disposal without first being licensed by Department of Natural Resources under § NR 502.06, Wis. Adm. Code, and by the Town.
[Amended 6-15-2016]
Haulers may not dispose in a landfill or dispose in a solid waste facility any recyclable materials generated in the Town that have been separated for recycling.
Any contractor operating in the Town of Algoma shall not transport for processing any recyclables to a processing facility unless that facility has been by January 1, 1995, self-certified with Wisconsin Department of Natural Resources under § NR 544.16, Wis. Adm. Code.
It shall be unlawful for any person, unless under contract with or licensed by the Town, to collect or remove any material that has been deposited or placed at the curb or in a container adjacent to a home or nonresidential building for the purposes of collection for disposal or recycling.
It shall be unlawful for any person to dispose of or dump solid waste in any street, alley, or public place within the Town of Algoma or in any receptacles on private property without the owner's consent. No person shall place for collection any solid waste at the road right-of-way adjoining land not owned or occupied by such person.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful to burn or bury solid waste or recyclables in residential and nonresidential sectors and at construction sites.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic waste, chemicals, explosives, flammable liquids, liquid paint, trees and stumps, construction debris, carcasses, and medical wastes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful to bring solid waste for disposal and recycling from outside the Town boundaries into the Town of Algoma unless authorized by agreement with the Town.
The municipality shall determine the cost for regular and special solid waste and recycling collection and user fees to cover those costs. Fees shall be assessed as a special assessment on the real estate tax billing.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Title to all materials shall pass to the Town's contracted hauler when placed in the contractor's collection vehicle, removed by the contractor from a container, or removed by the contractor from a residential unit, whichever occurs last. Title to recyclables shall pass to Winnebago County when placed in the Town's contractor's collection vehicle, removed by the contractor from the container, or removed by the contractor from the residential unit, whichever occurs last.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The hauler has the right to reject or leave at the roadside any recyclable material that is not prepared according to the specifications in this article or in educational material provided by the contractor or Town to the producers. Materials may also be left if not separated from solid waste, placed in the proper container, or are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers and material. In such cases, the hauler shall notify the producer of the materials as to the reasons for rejecting the items either verbally or in writing. The hauler shall also keep a list of such occurrences and provide it to the Town Clerk for a designated time period as determined by the Town Board.
A. 
The recycling haulers and processors operating in or for the Town are required to maintain records and report in writing to the Town Clerk at least twice each year. Reports shall include:
(1) 
The amount of solid waste and recyclables collected and transported from the Town.
(2) 
The amount of recyclables processed and/or marketed by item type from the Town.
(3) 
The final disposal location of solid waste and recyclable material.
B. 
Failure to report shall be cause for the Town to revoke any license or permit or to sever any contract with the hauler or processor.
A. 
Inspection. For the purpose of ascertaining compliance with the provisions of Ch. NR 544, Wis. Adm. Code, or its successor chapter, and compliance with this article, any authorized officer, employee or representative of the Town may, pursuant to § 66.0119, Wis. Stats., or its successor chapters, and pursuant to Ch. NR 544, Wis. Adm. Code, or its successor provisions, inspect recyclable materials in the Town separated for recycling, inspect postconsumer waste in the Town intended for disposal, inspect any recyclable material collection locations and any other collection facilities and collection vehicles in the Town, including any collection areas for single-family and two-unit to four-unit residential dwelling units, multiple-family dwelling units and nonresidential facilities and properties that are controlled by any occupants, any contractor of the Town, any permittee collector, or any other person participating in any recycling activity in the Town, any solid waste disposal facilities and solid waste treatment facilities and, in addition, inspect any records relating to recyclable material activities of any occupants, any contractor for the Town, any permitted collectors or other persons in the Town. These records shall be kept confidential by the Town Board when necessary to protect proprietary information.
B. 
Penalties.
(1) 
Any person who violates a provision of this article may be issued a citation by the Town pursuant to this article 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.
(2) 
Penalties for violating this article may be assessed as follows:
(a) 
Any person who violates § 328-28 may be required to forfeit $50 for the first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(b) 
Any person who violates a provision of this article, except § 328-28, may be required to forfeit not less than $10 nor more than $1,000 for each violation.
(3) 
Citations for violators. The Town, by adoption of this article and pursuant to § 66.0113, Wis. Stats., or its successor provision, hereby elects to use the citation method for enforcement of this article.