[HISTORY: Adopted by the Village Board of the Village of
Soldiers Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-6-1990]
In this article, unless the context requires a different construction,
the following words and phrases have the following meanings, all of
which are included within the meaning of the words "solid waste":
All organic matter including matter used in the preparation
of food and other materials used in the packaging or processing of
food, but does not include leaves, grass, trees, brush, and other
yard waste.
Appliances (some of which are referred to as "white goods"),
furniture, and furnishings.
The commonly accepted meaning, which is more particularly
described in the State Vehicle Code, § 340.01, Wis. Stats.
Any article or thing intended to be disposed of or abandoned,
including any article left outside of any building which from the
worn condition of such article is practically useless for the purpose
for which it was originally constructed.
Leaves, grass, trees, brush, and other vegetation usually
associated with residential yards.
No person shall dispose of, abandon, store outside of any building,
or transport solid waste within the Village except in accordance with
this article and in accordance with such solid waste disposal contracts
as the Village shall have made.
A.
Garbage, trash, refuse. No person shall dispose of, abandon, store
outside any building, or transport garbage, trash, or refuse except
in containers which securely enclose the same, and separated from
recyclables; the Village may by resolution require a specific type
or kind of container for garbage, trash, or refuse.
Garbage, trash, refuse and recyclables shall be placed on the
boulevard, or such other place as the Village may approve by resolution,
on the day appointed by the Village for pickup and removal.
Yard waste and household articles may be picked up by the Village
if the Village Board approves thereof by resolution, and may otherwise
be transported outside the Village to any disposal site approved by
competent authority. Yard waste may be temporarily stored outside.
No household articles shall be stored outside, except for a period
not exceeding one week to facilitate removal.
No person shall leave unattended any motor vehicle upon any
street or upon any Village property, nor shall any person store any
unlicensed or unregistered motor vehicle upon any private property
outside of any building (except a person who has a sellers permit
to deal in such motor vehicles, and except a "special interest" vehicle
registered under state law § 341.266 but unlicensed which
does not constitute a health hazard and which is screened from ordinary
public view by means of a fence, rapidly growing trees, shrubbery
or other appropriate means), for any period in excess of 25 hours,
and any such motor vehicle left in excess of such period is deemed
abandoned and constitutes a public nuisance. Any such abandoned motor
vehicle shall be impounded and disposed of in accordance with § 342.40,
Wis. Stats. Any law enforcement officer may move a vehicle parked
in violation of this section, or contract to move such vehicle, to
a storage premises pursuant to § 349.13, Wis. Stats.
A.
Forfeiture. A person who violates §§ 175-2 or 175-6 of this article shall be required to forfeit not less than $25 nor more than $100, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, not exceeding 30 days. The owner of an abandoned motor vehicle shall be required to also forfeit the costs of impounding and disposal of the motor vehicle, which costs may be recovered from the sale thereof to the extent the proceeds pay the same. Each day a violation continues constitutes a separate offense.
B.
Nuisance, abatement. The premises upon which any violation of this
article occurs constitutes a public nuisance and the Village may abate
the same.
C.
Cleanup costs assessed. The Village may remove solid waste from any
premises violating this article and charge the cost thereof against
said real estate, in the manner following. Prior to removal by the
Village, the Village shall inform the occupant (and the owner of record
upon the Village assessment or tax roll, if different than the occupant)
in writing of this article and that if the solid waste is not lawfully
removed from the premises that the Village Board, at its next meeting
which follows such notice by at least 10 days, shall hold a public
hearing as to whether the Village shall remove the same and assess
the cost thereof against the real estate. At such Village Board hearing
if the Board determines that the solid waste upon said premises constitutes
a violation of this article the Board shall direct the Director of
Public Works or other person designated by the Board to remove such
solid waste from the premises, and said Director or other designated
person shall furnish the Village Clerk-Treasurer the cost to the Village
of removal of such solid waste and the Clerk-Treasurer shall thereupon
assess the same as a special charge against the real estate in the
manner provided in § 66.0703, Wis. Stats.[1]
[Adopted 11-3-1994]
The title shall be "Recycling Ordinance for the Village of Soldiers
Grove."
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., Chapter NR
544, Wisconsin Administrative Code.
This article is adopted as authorized under § 287.09(3)(b),
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 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.
The requirements of this article apply to all persons within
the Village of Soldiers Grove.
The provisions of this article shall be administered by the
Village Clerk-Treasurer of the Village of Soldiers Grove.
For the purposes of this article, the following terms shall
have the meanings 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 #2.
Low-density polyethylene, labeled by the SPI code #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,
stove, furnace, boiler, dehumidifier, or water heater.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high grade. This
term does not include industrial process waste.
Plastic resins labeled by the SPI code #7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.[1]
Polyethylene terephthalate, labeled by the SPI code #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.[2]
Polypropylene, labeled by the SPI code #5.
Polystyrene, labeled by the SPI code #6.
Polyvinyl chloride, labeled by the SPI code #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.[3]
Has the meaning specified in § 289.01(35), Wis.
Stats.[4]
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
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 § 175-16 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 § 175-16 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.
To the greatest extent practicable, the recyclable materials separated in accordance with § 175-16 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil, and
yard waste as follows:
A.
Lead acid batteries shall be placed at curbside for pickup by contractor.
B.
Major appliances shall be collected by contacting contractor. Fee
for collection will be paid by resident.
C.
Waste oil shall be placed in a container no larger than five gallons
and placed at curbside for pickup by contractor. Container shall have
a leakproof cap.
D.
Yard waste shall be placed at areas designated by the Village. No
bags will be accepted at the disposal area.
Except as otherwise directed by the Village of Soldiers Grove, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 175-16E through O:
A.
Aluminum containers shall be rinsed.
B.
Bimetal containers shall be rinsed.
C.
Corrugated paper or other container board shall be flattened smaller
than three-foot-by-four-foot sheets.
D.
Glass containers shall be unbroken, rinsed, lids removed. The following
are not acceptable: mirrors, ceramic, clay, crystal, light bulbs,
window glass, heat resistant glass or drinking glasses.
E.
Magazines shall be bundled and kept dry.
F.
Newspaper shall be bundled, tied and kept dry.
G.
Office paper shall be sealed in clear bag.
I.
Steel containers shall be rinsed, labels removed, ends cut out and
flattened.
J.
Waste tires shall be picked up or delivered to contractor for a fee
to be paid by the resident.
A.
Owners or designated agents of multiple-family dwellings shall do
all of the following to recycle the materials specified in § 1775-16E
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 no 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 § 175-16E 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 § 175-16E through O:
(1)
Provide adequate 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 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 § 175-16E 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 Village of Soldiers Grove 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 Village of Soldiers Grove 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 Chief of Police of the Village of Soldiers Grove
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 paragraph.
