[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 6, Ch. 3, of the 1988 Code. Amendments noted where applicable.]
This chapter shall be known as the "Solid Waste Management Ordinance
of the Village of Luck," hereinafter referred to as "this chapter."
It is hereby declared to be the purpose and intent of this chapter
to enhance and improve the environment and promote the health, safety
and welfare of the Village by establishing minimum standards for the
storage, collection, transport, processing, separation, recovery and
disposal of solid waste.
For the purpose of this chapter, the following words and phrases
shall have the meanings given herein unless different meanings are
clearly indicated by the context:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
All property other than residential units and shall include
boardinghouses, motels and resorts.
The back edge or curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
That portion of solid wastes consisting of wastes from the
repair, remodeling or reconstruction of buildings, such as lumber,
roofing and sheathing scraps, rubble, broken concrete, asphalt and
plaster, conduit, pipe, wire, insulation and any other materials resulting
from the demolition of buildings and improvements.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for the purposes of this chapter.
Includes every refuse accumulation of animal, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit or vegetables originally
used for foodstuffs.
Those wastes such as toxic, radioactive or pathogenic substances
which require special handling to avoid illness or injury to persons
or damage to property and the environment.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Solid waste scattered about in a careless manner, usually
rubbish.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of four or more dwelling units.
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
Collection services provided by a person licensed to do same
by the DNR.
Waste material that can be remanufactured into usable products
and shall include, by way of enumeration but not by way of limitation,
glass, plastics, newspapers, cardboard, and metals (aluminum, steel,
tin, brass, etc.).
Includes all waste material, including garbage, rubbish and
industrial waste, and shall, by way of enumeration but not by way
of limitation, include grass, leaves, sticks, tree branches and logs,
stumps, stone, cement, boards, furniture or household appliances,
and garden debris.
All solid waste that normally originates in a residential
environment from residential dwelling units.
An individual household capable of independent habitation
by a family unit. A single-family dwelling shall be considered to
be one residential unit; a multifamily dwelling shall be considered
to be multiple residential units, the number of residential units
to equal the number of family units to be housed therein. Residential
units shall not include boardinghouses, motels or resorts.
Includes combustible and noncombustible waste material, except
rocks, concrete, bricks and similar solid materials, plaster or dirt,
that is incidental to the operation of a building and shall include,
by way of enumeration but not by way of limitation, tin cans, bottles,
rags, paper, cardboard, and sweepings.
The uncontrolled removal of materials at any point in solid
waste management.
Garbage, rubbish and other useless, unwanted or discarded
material from agricultural, residential, commercial, industrial or
institutional activities. Solid waste does not include solid or dissolved
material in domestic sewage.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
Storage areas shall be kept in a nuisance- and odor-free condition.
Litter shall not be allowed to accumulate. Collection crews will not
be responsible for cleaning up loose materials from any containers
which have become ruptured or broken due to wet conditions, animals,
vandalism or other cause. The occupant and/or owner shall be responsible
for cleaning up this litter. Litter not collected shall not be allowed
to accumulate. Violation will result in the occupant and/or owner
being notified to clean up his area, with continued violation resulting
in the owner being prosecuted under the provisions of this chapter
and other Village ordinances.
A.Â
General container standards. Suitable containers of a type approved
by the Village shall be provided by the property owner or tenant in
which to store all solid waste except for bulky or certain yard wastes
as provided for herein. Containers, in order to be approved, shall
provide for efficient, safe and sanitary handling of solid wastes.
They shall be maintained in a nuisance- and odor-free condition and
shall be sufficient to prevent the scattering of contents by weather
conditions or animals.
B.Â
Approved containers. All garbage created, accumulated or produced
shall be deposited in containers of a type approved by the Village
Board. Each container for a residential unit shall be equipped with
suitable handles and tight-fitting covers, shall be watertight and
shall have the capacity of not less than five gallons and not more
than 30 gallons. All garbage containers shall be kept in a neat, clean
and sanitary condition at all times. All garbage containers for residential
units shall be of metal, durable plastic or other suitable, moisture-resistant
materials, including heavy-duty refuse disposal plastic bags, and
shall not exceed 30 gallons' capacity. Other containers for multifamily
residential units (such as dumpsters) may be used with the express
approval of the Village Board. Containers including contents shall
not exceed in weight that which one person can safely lift (50 pounds).
Metal garbage cans shall be of sufficient thickness to resist denting
during normal handing by collection crews. Plastic garbage bags must
be closed with a tie and shall consist of plastic material not damaged
by freezing and not susceptible to melting. They shall be capable
of being handled during hot and cold weather without damage during
normal handling by collection crews. Plastic bags shall be of sufficient
strength to allow lifting and loading of contents without tearing.
C.Â
Householder to provide containers. It shall be the duty of every
occupant, tenant and proprietor of any residential unit to provide
and at all times keep in a suitable place readily accessible to the
garbage collector garbage containers capable of holding all garbage
which would ordinarily accumulate on such premises between the times
of successive collections. The owner of any multiple dwelling shall
furnish or require the tenant thereof to furnish proper garbage containers.
Garbage containers located at multiple dwellings shall be marked so
as to indicate the residential unit to which they belong.
D.Â
Ashes. Cold, completely extinguished ashes may be left for collection
in cardboard containers.
E.Â
Illegal containers. Containers not approved consist of metal barrels
and drums, wooden or cardboard barrels, wheelbarrows and other such
containers not approved by this chapter. These containers will not
be emptied regardless of contents or weight.
A.Â
Placement for collection.
(1)Â
Residential solid waste shall be accessible to collection crews.
Residential solid waste in approved containers shall be placed immediately
behind the curb of the public street for collection. Yard and bulky
wastes from residential units shall likewise be placed in neat, orderly
fashion behind the curb. During winter months, solid waste shall not
be placed on top of the snow bank, nor shall it be placed in the roadway.
The owner shall either shovel out an area behind the curb in which
to place his waste or he shall place it in his driveway. Collection
crews will not collect residential solid waste unless it is placed
at the curb of a public street. Residential units shall bring their
solid waste to the public right-of-way for collection. Should collection
crews be unable to discharge contents of garbage cans into collection
vehicles using normal handing procedures, the cans, including contents,
will be left at curbside. The owner shall make provisions to assure
that the solid waste therein can be collected on the next collection
day. Collection crews will not empty garbage cans by means other than
dumping.
(2)Â
No garbage containers or other containers for refuse other than those
of the Village shall be placed, kept, stored or located within the
right-of-way of a street or alley; provided, however, that the Village
Board may authorize the location of such containers within the public
right-of-way at specified places and times when such location is necessary
for the expeditious collection and disposition of refuse.
B.Â
Restriction on time of placement. All receptacles and containers for refuse and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above only after 6:00 p.m. on the evenings prior to the regular collection time the following day. All receptacles, bags and containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time. Village employees or employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
A.Â
Dead animals. It shall be unlawful to place any dead animal, or parts
thereof, in a container for collection; provided, however, that this
section shall not apply to animal parts from food preparation for
human consumption.
B.Â
Undrained food wastes. It shall be unlawful to place any garbage
or other food waste in a container for collection unless it is first
drained and wrapped.
D.Â
Improper placement. It shall be unlawful to place, or allow to be
placed, any solid waste upon the roads, streets, or public or private
property within the Village contrary to the provisions of this chapter.
E.Â
Compliance with chapter. It shall be unlawful to store, collect,
transport, transfer, recover, incinerate or dispose of any solid waste
within the boundaries of the Village contrary to the provisions of
this chapter.
F.Â
Improper transportation. It shall be unlawful to transport any solid
waste in any vehicle which permits the contents to blow, sift, leak
or fall therefrom. If spillage does occur, the collection crew shall
immediately return spilled materials to the collection vehicle and
shall properly clean, or have cleaned, the area. All vehicles used
for the collection and transportation of solid waste shall be durable,
easily cleanable and leakproof, if necessary, considering the type
of waste and its moisture content. Collection vehicles shall be cleaned
frequently to prevent nuisances and insect breeding and shall be maintained
in good repair.
G.Â
Interference with authorized collector. No person other than an authorized
collector shall collect or interfere with any garbage after it shall
have 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.[1]
H.Â
Scavenging. It shall be unlawful for any person to scavenge any solid
waste placed for collection.
I.Â
Private dumps. It shall be unlawful for any person to use or operate
a dump.
L.Â
Animal or human wastes. It shall be unlawful for any person to place
animal wastes and/or human wastes for collection. These wastes should
be disposed of in plastic bags or in the sanitary sewer system. Such
items as kitty litter may be placed for collection if animal wastes
are removed prior to disposal.
M.Â
Hospital wastes. It shall be unlawful for any person to place for
collection any pathogenic hospital wastes. Such items as needles and
syringes may be disposed of as long as they are contained to eliminate
injury to collection crews.
N.Â
Building waste. All waste resulting from remodeling, construction
or removal of a building, roadway or sidewalk shall be disposed of
by the owner, builder or contractor.
The accumulation or deposit of garbage, trash or putrescible
animal or vegetable matter in or upon any lot or land or any public
or private place within the Village which causes the air or environment
to become noxious or offensive or to be in such a condition as to
promote the breeding of flies, mosquitoes or other insects, or to
provide a habitat or breeding place for rodents or other animals,
or which otherwise becomes injurious to the public health is prohibited
and declared to constitute a nuisance.
It is unlawful for any person, firm or corporation to place,
deposit or cause to be deposited, for collection, any waste or refuse
not generated within the corporate limits of the Village.