[HISTORY: Adopted by the Village Board of the Village of
Fox Point as indicated in article histories. Amendments noted where
applicable.]
[Adopted as §§ 24.01 to 24.04 of the 1961
Code]
Since the Village of Fox Point is primarily a residential Village
and the operation of a dump in the Village creates an unsightly situation
and a health menace and thereby depreciates the value of property
in the neighborhood in which such a dump might exist it is, therefore,
necessary to prohibit the dumping of certain materials and to regulate
the dumping of others.
A.
No person shall dump or deposit on any property in the Village, public
or private, any rubbish, stones, wire, earth, ashes, cinders, sawdust,
glass, manure, filth, paper, dirt, construction wastes, garbage, old
iron, tin cans, industrial waste, or other nauseous materials. This
section shall not prohibit:
(1)
The use in a normal manner of certain of these materials for improving
property by fertilizing.
(2)
The use of earth, dirt, stones, cinders, ashes, founders sand or
noncombustible construction waste for the purpose of filling in and
grading property located in the Village so long as any of said materials
other than earth and dirt is covered with not less than six inches
of earth within one week after such material has been dumped.
(3)
The dumping or depositing of construction waste during the course
of construction so long as such waste is promptly removed from the
premises.
The Village collection
of solid waste from properties within the Village is restricted to
collection of rubbish, yard waste and recyclables. The following items,
in any form, shall be prohibited, and shall not be placed for collection
by any person or entity:
A.
Appliances, generally referred to as "white goods," including refrigerators,
stoves, washers, dryers, dishwashers, water heaters, microwaves, humidifiers,
dehumidifiers, televisions, stereos, stereo components, and any and
all types of computer equipment.
B.
Tires.
C.
Hazardous materials.
D.
Construction materials having an approximate mass in excess of one
cubic yard.
E.
Scrap metal materials.
F.
Lawn clippings.
G.
Synthetic motor oils.
H.
Waste oil.
I.
Latex and oil paints.
J.
Soil, dirt, concrete, stones, rocks, blocks, and concrete block.
K.
Vehicle batteries.
A.
It is necessary in the interests of public safety, public welfare,
the protection of property and the reduction of unnecessary expense
in fighting fires, to regulate the setting or starting of fires for
the burning of grass, brush or rubbish within the Village.
B.
No person shall cause or undertake to burn or set fire to any garbage
except within an incinerator or furnace permanently installed in a
dwelling.
C.
No person shall cause or undertake to burn or set fire, outside of
an incinerator or furnace permanently installed in a dwelling, to
any grass, whether growing or cut, brush or rubbish on any premises,
including any portion of a public or private way, except as hereinafter
expressly provided, without first making application for and obtaining
from the Police Chief a permit therefor. Application for such permit
shall be made upon the form provided by the Village Clerk/Treasurer.
A permit shall be issued only to the owner or occupant of the premises
described in the application, or his duly authorized agent.
D.
No permit shall be issued for starting, burning or setting of any
fire and no fire shall be burned within a distance of 100 feet of
any building or structure, nor at a time or under circumstances when
it may reasonably be anticipated that there is danger of the fire
spreading in a manner so as to endanger any land or buildings within
the Village nor without supervision or contrary to regulations of
the Police Chief.
E.
The permit shall state the name of the person applying for the same
and the location of the premises upon which such fire is to be set,
and set forth the regulations and the manner in which such fire shall
be supervised and controlled.
F.
It is the duty of the Police Chief before issuing any permit to make
such survey and examination of the premises as he shall deem necessary
prior to the issuance of the permit. Refusal to issue such permit
shall be reviewable by the Board of Appeals.
G.
The owner or occupant of any premises or his agent may, without applying
for or obtaining a permit therefor, burn or cause to be burned grass,
brush or rubbish, exclusive of garbage, if the same is completely
enclosed in a metal or metal mesh container with holes in the bottom
thereof no larger than 22 inches in diameter, and with holes in the
side or top thereof no larger than 1/2 inch in diameter, and provided
such container is not placed closer than 25 feet to any structure
nor on or near an area containing dry grass, weeds or other combustible
material.
H.
Any person who violates this section shall, upon conviction thereof,
be subject to the penalty provided for violating this code and shall
also pay all costs incurred by the Village in extinguishing or attempting
to extinguish such fire with its fire equipment or otherwise.
No person shall store any building materials, tool shed, work
house, machinery or equipment, or building material scrap or waste
on any property in the Village except when incident to construction,
repair or remodeling to a building on the property or property adjacent
thereto, and then from not more than one week prior to commencement
of construction, repair or remodeling until one week after completion
of such work.
[Adopted 3-8-1994 by Ord. No. 94-600 (Ch. 36 of the 1961
Code); amended 12-13-1994 by Ord. No. 94-609]
This article shall be known as the "Recycling Ordinance for
the Village of Fox Point."
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
and 61.35, 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,
Wis. 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 Fox Point.
The provisions of this article shall be administered by the
Fox Point Village Manager.
As used in this article, the following terms shall have the
meanings indicated:
- BIMETAL CONTAINER
- A container for carbonated or malt beverages and other liquid or food products that is made primarily of a combination of steel and aluminum.
- CONTAINER BOARD
- Corrugated paperboard used in the manufacture of shipping containers and related products.
- FOAM POLYSTYRENE PACKAGING
- Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
- HDPE
- High-density polyethylene, labeled by the SPI Code No. 2.
- LDPE
- Low-density polyethylene, labeled by the SPI Code No. 4.
- MAGAZINES
- Magazines, catalogs, and other materials printed on similar paper.
- MAJOR APPLIANCE
- A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven with its capacitor, oven, refrigerator, stove, television set, residential and commercial furnaces, boilers, dehumidifiers, water heaters, and incinerators.
- 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 printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
- OTHER RESINS OR MULTIPLE RESINS
- Plastic resins labeled by the SPI Code No. 7.
- PERSON
- 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.
- PETE
- Polyethylene terephthalate, labeled by the SPI Code No. 1.
- PLASTIC CONTAINER
- 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 consumer sale.
- 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.
- PP
- Polypropylene, labeled by the SPI Code No. 5.
- PS
- Polystyrene, labeled by the SPI Code No. 6.
- PVC
- Polyvinyl chloride, labeled by the SPI Code No. 3.
- 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 other resins or multiple resins; steel containers; waste tires; and bimetal containers.
- SEPARATION/SEPARATE
- Sorting or segregating recyclable material from other types (nonrecyclable) of residential household solid waste. It does not mean sorting or segregating one type of recyclable material from another type of recyclable material.
- 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. "Treatment" includes incineration.
- WASTE TIRE
- A tire which is no longer suitable for its original purpose because of wear, damage, or defect.
- YARD WASTE
- 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 unit to four unit residences,
multiple-family dwellings, condominiums, 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 § 276-14 do not apply to the following:
A.
Occupants of single-family and two-to-four-unit residences, multiple-family dwellings, condominiums, 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 § 276-14 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 § 276-14 shall be clean and kept free of contaminants, such as food residue, product residue, oil, grease, and 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, condominiums, 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 taken to a retail business for exchange
at the time of purchase of a replacement battery.
B.
Major appliances shall be disposed of to a firm that collects/disposes
of such items for salvage.[1]
C.
Yard waste shall be placed at the roadside in front of the occupant's
dwelling for collection on the same day as regular rubbish collection.
Material shall be placed in containers as prescribed from time to
time by the Village Board. The Village will collect yard waste only
at dwellings/facilities at which it collects rubbish.
D.
Waste tires shall be taken to a retail tire vendor for disposal at
the time of replacement.
Except as otherwise directed by the Village Board, occupants of single-family (including condominiums) and two-to-four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 276-14E through O, excluding § 276-14L:
A.
Aluminum containers shall be rinsed of product residue and any caps
removed and discarded. The containers shall be placed in the approved
recycling bin at the designated location on the collection day.
B.
Bimetal containers shall be rinsed of product residue and any caps
removed and discarded. The containers shall be placed in the approved
recycling bin at the designated location on the collection day.
C.
Corrugated paper or other container board shall be free of debris,
flattened, stacked and tied, and placed at the designated location
on the collection day.
D.
Foam polystyrene packaging shall be placed in a paper or plastic
bag. This bag shall be placed in the approved recycling bin at the
designated location on the collection day.
E.
Glass containers shall be rinsed of product residue and any caps
removed and discarded. The containers shall be placed in the approved
recycling bin at the designated location on the collection day.
F.
Magazines shall be tied in bundles or placed into a grocery-type
bag. This bundle/bag shall be placed at the designated location on
the collection day.
G.
Newspapers shall be tied in bundles or placed into a grocery-type
bag. This bundle/bag shall be placed at the designated location on
the collection day.
H.
Rigid plastic containers shall be prepared and collected as follows:
plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other
resins or multiple resins shall be rinsed of product residue and any
caps removed and discarded. The containers shall be placed in the
approved recycling bin at the designated location on the collection
day.
I.
Steel containers shall be shall be rinsed of product residue and
any caps removed and discarded. The containers shall be placed in
the approved recycling bin at the designated location on the collection
day.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 276-14E through O, excluding § 276-14L:
(1)
Provide adequate separate containers for the recyclable materials.
(2)
Notify tenants in writing about the established recycling program
at the time of renting or leasing the dwelling and at least semiannually
thereafter.
(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 material specified in § 276-14E 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 material specified in § 276-14E through O:
(1)
Provide adequate separate containers for the recyclable materials.
(2)
Notify tenants, users, and occupants in writing about the established
recycling program at the time of rental or lease and at least semiannually
thereafter.
(3)
Provide for the collection of the materials separated from 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 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 § 276-14E through O from solid waste in as pure a form as is technically feasible.
A.
It shall be unlawful for any person to dispose of or dump recyclables
in any street, alley, or other public place within Fox Point, unless
legally disposed of at the Village recycling center.
B.
No person shall place for collection recyclables at any designated
location not owned or occupied by such person.
C.
It shall be unlawful to burn or bury solid waste, rubbish, and recyclables.
D.
It shall be unlawful for any person to place for disposal any of
the following wastes: hazardous and toxic wastes, chemicals, explosives,
flammable liquids, paint, construction debris, carcasses, and medical
wastes.
E.
It shall be unlawful to bring into Fox Point for disposal recyclables
from outside the Village corporate limits unless authorized by agreement
with the Village.
F.
The Village, or its designated contractor, has the right to reject or leave at any designated location any recyclable material that is not prepared according to the specifications in this article or as set forth in instructions provided by the Village or its designated contractor. The Village, or its designated contractor, has the right to reject or leave at any designated location any postconsumer waste intended for disposal which contains any of the recyclable material(s) specified in § 276-14E through O, excluding § 276-14L.
G.
Once placed for collection, recyclable materials become the property
of the Village of Fox Point.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee, or representative
of the Village of Fox Point may inspect: recyclable materials separated
for recycling; postconsumer waste intended for disposal; rubbish;
recycling collection sites; any facilities, collection vehicles, and
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 officer, employee,
or authorized representative of the Village of Fox Point 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 Village of Fox Point. 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.
C.
Penalties for violating this article may be assessed as follows:
Any person who violates a provision of this article may be required
to forfeit not less than $50 nor more than $2,000 for each violation.