Village of Clyman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clyman as Title 8, Ch. 3, of the 1998 Village Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 144.
Hazardous materials — See Ch. 214.
Health and sanitation — See Ch. 219.
Nuisances — See Ch. 288.
Peace and good order — See Ch. 311.
Property maintenance — See Ch. 325.

§ 362-1 Title.

This chapter shall be known as the "Solid Waste Management Ordinance of the Village of Clyman," hereinafter referred to as "this chapter."

§ 362-2 Purpose.

A. 
The purpose of this chapter shall be to maintain and protect public health and sanitation by removal of garbage, rubbish, and other waste material generated in the in the Village of Clyman, to eliminate dispersal of garbage, waste, and other waste material along the streets, roads, and other public and private properties in and near the Village of Clyman, and to provide a comprehensive Village recycling program. The Village of Clyman finds participation in a mandatory source separation recycling program appropriate in this jurisdiction to conserve available, local landfill capacity. The Village further finds it appropriate to participate in state-wide recycling programs to conserve energy, recycle valuable resources and to protect public health, welfare and the environment. The Village also finds participation in these programs appropriate to achieve consistency with recycling policies that ensure that the waste generated in the Village will be able to be delivered to the appropriate landfills and recycling facilities.
B. 
The Village Board further finds and ordains that:
(1) 
Improper disposal of household sharp medical waste, such as hypodermic needles, poses a significant health risk to workers in the waste disposal industry;
(2) 
Safe disposal of household sharp medical waste is possible through inexpensive, easily obtained means, without posing an undue burden on users of household sharp medical waste; and
(3) 
Removal of household sharp medical waste from the Village's waste stream is beneficial to residents of the Village as well as the Village's waste hauler and users of DNR approved landfills.

§ 362-3 Definitions.

The following definitions shall be applicable in this chapter:
COLLECTOR/HAULER
The contractor or entity chosen by the Village Board to handle, transport, and dispose of the solid waste, recyclables and nonrecyclables generated in the Village, or, person or persons contracting with waste generators for these services, and will enforce preparation standards for recyclable materials as well as ensure community compliance with this source separation recycling program.
COMMERCIAL WASTE
Waste of whatever material generated by any industrial or business establishment where any trade, occupation, industry or commerce is conducted.
CORRUGATED CARDBOARD
Heavy duty kraft paper packaging material with a corrugated medium between two flat paper liners, and does not include paperboard such as for cereal or laundry detergent boxes or holders for six-packs or 12-packs of beverage cans or bottles.
CURB
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.
DECIDUOUS MATERIAL
Yard wastes, such as leaves, grass clippings, flowers and other similar vegetation, but specifically excludes sod, dirt, twigs, fruit, vegetables and other similar material. Also included are clean woody vegetative material no greater than six inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.
DEMOLITION WASTES
That portion of solid waste from the repair, remodeling construction or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt, plaster, conduit, pipe, wire, insulation, and other materials resulting from the demolition of buildings and improvements.
DWELLING UNIT
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.
GARBAGE
Discarded materials resulting from the handling, processing, storage and consumption of food.
GLASS
Glass bottles, jars and containers and does not include window glass, drinking glasses, Pyrex, light bulbs or other noncontainer glass.
GOOD FAITH
Reasonable efforts to adhere to the policies, standards and rules of this mandatory source separation recycling program.
HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
Those wastes or substances defined as such in § NR 661.03, Wis. Adm. Code (including all amendments provided thereto), as provided therein pursuant to § 291.05, Wis. Stats., or other acts pursuant to authority vested in the Wisconsin Department of Natural Resources to describe and list materials as such and also includes the meaning of "hazardous waste" or "hazardous substance" as described herein. Those solid wastes or substances found in household waste [notwithstanding the household waste exclusion provided in § NR 661.04(2)(a), Wis. Adm. Code].
HOUSEHOLD SHARP MEDICAL WASTE
Any type of product capable of puncturing or lacerating the skin that is designed or used to treat, diagnose, or prevent a disease or medical condition, including, but not limited to, scalpels and hypodermic needles.
LEAD-ACID BATTERIES
Automotive and related batteries that are comprised of lead plates with an acid electrolyte, and does not include nickel-cadmium batteries, dry cell (flashlight) batteries or batteries used in calculators, watches, hearing aids or similar devices.
MAJOR APPLIANCES
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, water heater or any other item commonly referred to as a "white good."
METAL CANS
Tin-coated steel cans, bimetal cans, and aluminum cans used for food and other nonhazardous materials, but excluding aerosol cans and cans that held paint, paint-related products, pesticides or other toxic or hazardous substances.
MULTIFAMILY DWELLING
A residential building intended to be the residence of four or more independent family units.
NEWSPRINT
That portion of newspapers (newspapers and advertising circulars normally accompanying newspapers) or periodicals and advertising circulars printed on newsprint which remain in substantially original condition at the time of disposal such that the material is suitable for commercial-grade recycling. "Newsprint" does not include the paper commonly used in the production of magazines, books, and other physical media for written material or paper which is not suitable for recycling purposes, or is in a state which makes separation unreasonable or unduly expensive, or reasons which include, but are not limited to, the following:
A. 
The paper has been put to another use, such as wrappings, for other wastes, and is thus rendered unfit for commercial recycling;
B. 
The paper is no longer flat and folded to the approximate dimensions of its original condition;
C. 
The paper is mixed in with commercial or municipal litter or refuse as a result of the failure of citizen or business invitees to separate newspapers from other discarded materials outdoors or in publicly accessible areas of buildings;
D. 
The paper has been damaged or altered by any other means so as to make recycling impossible or unduly difficult.
NONRECYCLABLE MATERIAL
All items of waste not recyclable except hazardous waste or hazardous substances.
OTHER PAPER
All paper excluding newsprint materials or materials specifically excepted in the definition of "newsprint" and "corrugated cardboard," but shall include grades of fiber materials with available markets for recycling.
OVERSIZE AND BULKY WASTE
Large items, such as furniture, mattresses, carpeting, construction or demolition materials of substantial dimensions, brush and other large items whose proportions are not easily reduced.
PERSON
Any individual, corporation, organization, association, local governmental unit, as defined in § 66.0131(1), Wis. Stats., state agency or authority or federal agency.
PLASTIC CONTAINER
A blow-molded plastic bottle made of high density polyethylene (HDPE) or a plastic bottle or jar made of polyethylene terephthalate (PET), but does not include HDPE containers that are not blow molded, including, but not limited to, containers for yogurt, cottage cheese, butter, margarine, ice cream and similar products.
PREPARATION STANDARDS
Criteria provided establishing acceptable good faith limits for introduction of materials into the source separation recycling program involving either transport to a material recycling center or temporary storage of such materials.
RECYCLABLE MATERIAL
Identified materials meeting preparation standards and shall include the following: newspapers; corrugated cardboard; (unbroken) brown, green and clean container glass; aluminum, bimetal and tin-coated steel cans; blow-molded HDPE and PET plastic containers; tires (regardless of size); used oil; lead-acid batteries; and large batteries; and large appliances. "Recyclable material" further means identified materials meeting preparation standards where economical markets or short-term storage are available and shall include the following: other paper; polystyrene foam; PVC containers; polypropylene containers; HDPE and PET containers other than bottles; types of plastic containers labeled "other"; and other materials determined to have economical markets available.
REFUSE
Combustible and noncombustible materials, including, but not limited to: paper products, wood, metal, glass, cloth and products thereof in unrecoverable condition; litter and street rubbish not including yard waste; uncontaminated ashes; and building materials such as wood, concrete, glass, plaster and other intermixed materials produced in construction or demolition of structures. "Refuse" for purposes of this chapter shall not include oversize or bulky waste.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
Each living unit in the Village of Clyman designed for permanent living quarters, including single-family dwellings and units in duplexes, triplexes, and multifamily units and each unit in a residential condominium project.
SCAVENGING
The uncontrolled and unauthorized removal of materials at any point in solid waste management.
SHARPS CONTAINER
A container specifically manufactured for the disposal of sharp medical waste.
SOLID WASTE
Garbage, refuse and all other discarded or salvageable solid materials, including solid waste materials, resulting from industrial, commercial and agricultural operations, and from community activities, but does not include solids or dissolved material in wastewater effluents or other common water pollutants.
SOLID WASTE STORAGE
Safe, environmentally sound short-term containment of materials and for recyclables shall involve preserving materials in a condition meeting preparation standards.
TIRES
For collection purposes shall mean rubber tires, from automobiles and light trucks, and other tires whose size is less than 1,100 by 24.5, which are removed from rims.
USED OIL
Any contaminated petroleum-derived or synthetic oil, including, but not limited to, the following: engine and other mechanical lubricants; hydraulic and transmission fluid; metal-working fluid; and insulating fluid or coolant.
YARD WASTE
Leaves, grass clippings, yard and garden debris, including clean woody vegetative material no greater than six inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.

§ 362-4 Applicability.

This chapter shall apply to all persons, entities and appropriate waste generating activities within the limits of the Village of Clyman and includes, but is not limited to, all waste generated by all residential and commercial activities. No person shall mix with nonrecyclables for collection by the Village's authorized collector any material except recyclable material and only in such manner as set forth herein.

§ 362-5 Preparation of recyclable materials.

All recyclable materials shall be separated from other nonrecyclable garbage and refuse. Recyclable materials shall be brought to the Village's dropoff Recycling Center for appropriate disposal and recycling. Recyclable materials shall consist of:
A. 
Glass. Brown glass, green glass and clear glass shall be empty, rinsed, clean, unbroken, and have metal covers and caps removed.
B. 
Cans. All aluminum, tin, steel, copper and other metal cans shall be empty, rinsed and have labels removed (with ends removed and flattened where possible), except that aerosol, paint and oil cans may not be recycled.
C. 
Plastic containers. Plastic containers shall be rinsed and have any metal or plastic rings/caps removed. Plastic containers with handles left at the Recycling Center shall not be tied together and should be placed next to the recycling container.
D. 
Corrugated cardboard. Corrugated cardboard shall be flattened, empty, free of food debris, bundled in eight-inch or ten-inch bundles, and be placed beside the recycling container for collection. Waxed cardboard may not be recycled.
E. 
Newsprint. All newsprint shall be bundled pursuant to § 362-7 below.
F. 
Aluminum. All products made of aluminum, including aluminum cans, foil, wrappers, pie pans, and containers for prepared dinners or other foods, screen frames, and lawn chairs shall be cleaned and flattened.
G. 
Tires. Tires, as defined in § 362-3, shall be less than 1,100 by 24.5 in size, and removed from rims.
H. 
Additional materials/standards. Furthermore, additional preparation standards may be provided by notice to generators of waste or by amendment to this subsection when other materials become recyclable dependent upon available economic markets.

§ 362-6 Nonrecyclable materials designated.

Nonrecyclable materials include the following:
A. 
Glass. All Pyrex glass, window glass, light bulbs, ceramics, mirrors, broken glass and china shall be considered nonrecyclable.
B. 
Plastics. Rigid cottage cheese containers, plastic wraps, egg cartons, melamine-type plastics, and all forms of polystyrene foam shall not be placed with recyclable material, but shall be disposed of in the manner prescribed for other nonrecyclable refuse.
C. 
Gloss paper. All waxed paper, waxed cardboard, envelopes with gum labels, glossy paper, and envelopes with plastic windows shall be considered nonrecyclable paper.
D. 
Other materials. All other garbage and refuse not qualifying as recyclable materials.

§ 362-7 Newsprint recycling.

A. 
No person in the Village of Clyman shall dispose of newsprint with nonrecyclable refuse, except for such newsprint rendered unfit for recycling. This section shall apply to all persons, governmental operations and business, commercial, retail and industrial enterprises however organized and of whatever type, if such refuse is to be deposited in a DNR approved landfill.
B. 
Requirements.
(1) 
The Village Board requires all persons using the garbage pickup and disposal services of the Village of Clyman to remove all newspaper from their other garbage prior to pickup. Newspaper may be dropped off for disposal at a point to be designated by the Village Board, provided:
(a) 
It is dry and free of all paper and materials not normally included in the newspaper; and
(b) 
It is neatly bundled and tied.
(2) 
Newsprint may be recycled in any other lawful manner.
(3) 
Newsprint shall not be placed in containers with other nonrecyclable refuse or garbage.
C. 
All garbage, refuse and other nonrecyclable materials shall be collected, removed and disposed of pursuant to the Village's agreement with the designated collector/hauler or persons' private agreements with collectors/haulers. Newsprint and other recyclables placed for recycling shall become the property of the Village of Clyman or its authorized collector.

§ 362-8 Mandatory source separation and collection.

The following provisions shall apply to all nonhazardous solid waste generated within the Village of Clyman:
A. 
Collection standards.
(1) 
Agreement standards. All garbage, refuse and other nonrecyclable materials shall be collected, removed and disposed of pursuant to the Village's agreement with the designated collector/hauler or individuals' private agreements with collectors/haulers unless such arrangements are unavailable or not required, in which case persons shall follow these guidelines in their own disposal of solid waste they generate.
(2) 
Placement regulations. All nonrecyclable garbage placed curbside for collection shall be well drained, wrapped and deposited in watertight containers or watertight bags. No container or bag placed for collection shall exceed 30 gallons in capacity or 50 pounds in weight unless dumpsters are available.
(3) 
Container standards. All refuse and other nonrecyclable materials placed curbside for collection shall be placed in suitable containers of not more than 30 gallons in capacity or 50 pounds in weight unless dumpsters are available. 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. Metal garbage cans shall be of sufficient thickness to resist denting during normal handling by collection crews. Plastic garbage bags shall be securely closed and shall consist of plastic materials 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.
(4) 
Refusal to collect. Any bag or container placed curbside for collection which contains any recyclable material may be refused by the collector/hauler unless the generator shows good faith. Where dumpsters are used the collector/hauler may refuse collection from bins containing recyclable materials unless the owner or generator shows good faith.
(5) 
Special arrangements for oversize and bulky waste. The Village shall not provide services or make any special arrangements for collection of oversize and bulky waste. Such special haul items may be disposed of by contracting directly with private collectors.
B. 
Yard wastes. Yard waste must be collected and disposed of properly within the Village. Grass, leaves and brush shall not be collected with the intent of disposal at DNR approved sanitary landfills. The Village shall make suitable arrangements for collection, transportation and disposal of yard waste. All persons who generate yard waste shall be responsible for appropriate disposal of yard waste from properties owned or occupied by the aforementioned persons. Private disposal of yard waste may include as an option composting on the lot where no nuisance to others occurs.
C. 
Recyclable materials.
(1) 
All recyclable materials shall be separated from other solid waste. Recyclable materials shall meet preparation standards and persons shall make good faith efforts to ensure that recyclables are well-drained and reasonably clean. Recyclables shall be brought to the Village's Recycling Center.
(2) 
Newspaper shall be prepared and handled as provided in § 362-7 regarding the recycling of newspaper. Corrugated cardboard shall be flattened and securely tied in bundles or placed in suitable containers facilitating handling and collection. Corrugated cardboard and newspaper shall not be intermixed, bundled together or mixed with other recyclable materials such as paper.

§ 362-9 Mandatory chipping of brush and wood materials.

A. 
No person in the Village shall dispose of brush, tree branches or other wood materials with refuse that is to be deposited in any DNR approved landfill unless such material has been reduced and processed by chipping. This section shall apply to all persons and entities who, directly or through the services of the Village or another third party, dispose of solid wastes at any DNR approved landfill and includes all persons, governmental operations and business, commercial, retail and industrial enterprises however organized and of whatever type. All other persons (nonresidential), subject to this section as DNR approved landfill users shall facilitate and provide for chipping of brush and wood materials.
B. 
All chipped material shall be placed for collection on a date and in such manner as established by the Village Board.
C. 
All chipped material placed for collection shall become the property of the Village or its collection agent.

§ 362-10 Nondisposable materials.

A. 
It shall be unlawful for any person to place for regular collection any of the following wastes:
(1) 
Hazardous waste;
(2) 
Toxic waste;
(3) 
Chemicals;
(4) 
Explosives or ammunition;
(5) 
Drain or waste oil or flammable liquids;
(6) 
Large quantities of paint;
(7) 
Dead animals;
(8) 
Trees or stumps;
(9) 
Gravel or concrete;
(10) 
Construction debris;
(11) 
Animal or human waste;
(12) 
White goods (unless as a special haul item);
(13) 
Hot ashes (ashes that are fully extinguished and dry may be left for collection in noncombustible containers);
(14) 
Tires;
(15) 
Holiday trees;
(16) 
Bedding and furniture;
(17) 
Appliances.
B. 
The aforementioned materials shall be disposed of in the manner prescribed by federal or state laws or as provided for herein.
C. 
Materials that the Village collector will dispose of for a separate fee may be disposed of by special arrangement between the waste generator and said Village collector.

§ 362-11 Hospital/medical wastes.

A. 
Household sharp medical waste disposal.
(1) 
Household sharp medical waste shall not be deposited in any other place or manner in the Village of Clyman than as hereinafter provided.
(2) 
Acceptable means of disposing of household sharp medical waste include:
(a) 
Disposal in an approved medical waste box, such as a sharps container; or
(b) 
Disposal in a heavy plastic container, such as a laundry soap bottle, providing that the lid is permanently affixed thereto using tape or another means, and the container is marked "Medical Waste: Do Not Open."
B. 
Collector to refuse pickup of nonconforming household sharp medical waste. The Village's collector shall refuse to pick up any solid waste or recyclables containing household sharp medical waste not separately contained and prepared as provided in this section.

§ 362-12 Building waste.

All demolition waste resulting from remodeling, construction, or removal of a building, roadway, or sidewalk shall be disposed of by the owner, builder, or contractor. Building materials of any kind will not be disposed of by the Village or its collection service.

§ 362-13 Alteration of recyclable materials.

It shall be unlawful to intentionally alter recyclable materials so as to render them as nonrecyclable material.

§ 362-14 Collection of refuse.

A. 
Placement for collection.
(1) 
Residential nonrecyclable 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 or containers shall be placed immediately adjacent to the alley if premises abut on an alley. Yard 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 wastes 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 terrace adjacent to the street curb for collection. Should collection crews be unable to discharge contents of garbage cans into collection vehicles using normal handling 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) 
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. 
Restriction on time of placement.
(1) 
Receptacles and containers for refuse and rubbish shall be placed in collection locations as designated in Subsection A above prior to 7:00 a.m. of the scheduled collection day, but not more than 24 hours prior to such time.
(2) 
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.
(3) 
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.
(4) 
If the scheduled collection day falls on a holiday, collection will be on the following scheduled working day.
(5) 
Special collections may be made if ordered by the Village Board and will be billed to the owner.

§ 362-15 Refuse from outside Village.

It shall be unlawful to bring refuse from outside the Village of Clyman limits into the Village limits for disposal unless specifically authorized by written agreement with the Village.

§ 362-16 Title to refuse and recyclable materials; antiscavenging provision.

A. 
_____
(1) 
In the absence of an agreement to the contrary, title to the refuse and recyclable material placed for collection and disposal by the Village or its agents shall vest in the Village of Clyman as soon as it is placed for collection. It shall be a violation of this chapter for any person unauthorized by the Village to collect or pick up, or cause to be collected or picked up, any recyclable materials that are placed for disposal by the Village or by any authorized agent. Any such and each such unauthorized collection of recyclable materials in violation hereof shall constitute a separate and distinct offense punishable as provided for herein.
(2) 
Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection unless good faith applies. Only persons authorized by the Village or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection. Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided hereinafter. Nothing herein shall be construed to allow for scavenging, removal, transportation, or resorting of refuse which has been placed for disposal under this chapter. Any such scavenging or separation of refuse that has been placed for disposal by the producer of said refuse shall be deemed a violation of this chapter.
B. 
This chapter shall not prohibit the actual producers of recyclable materials or the owners of residential units or nonresidential units upon which recyclable materials have been accumulated from personally collecting, conveying, and disposing of recyclable materials, provided such producers or owners do not violate the intent of this chapter.

§ 362-17 Garbage accumulation prohibited.

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 animals, or which otherwise becomes injurious to the public health, is prohibited and declared to constitute a nuisance. Refuse areas shall be kept in a nuisance- and odor-free condition. Refuse shall not be allowed to accumulate. Violation will result in the occupant and/or owner being notified to clean up his area, with continued violations resulting in the owner being prosecuted under provisions of this and other Village ordinances.

§ 362-18 Improper placement.

No persons shall deposit, throw, or place any garbage, offal, dead animals, combustible refuse or other deleterious matters in any park, lane, alley, street, public grounds, or public place within the Village, nor place any garbage, offal, dead animals or other refuse matter upon any private property not owned by such person without such person's consent. If not deemed noncollectible, these materials may be placed for collection on the owner's property if the same is enclosed in proper vessels or containers which shall be watertight and kept so with tightly fitting covers.

§ 362-19 Interference with authorized collector.

No person other than an authorized collector shall collect or interfere with any waste 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 any authorized garbage collector in the discharge of his duties.

§ 362-20 Other prohibited practices in collection and handling of recyclables.

No person, persons or other entity generating waste within the Village shall do any of the following:
A. 
Deposit or cause to be deposited any recyclable material at any authorized collection point when the site is closed or not operating.
B. 
Deposit or cause to be deposited any waste material, whether recyclable or not, in or upon any public street, public waters, or public grounds in the Village except at authorized locations within appropriate packaging or placed into appropriate containers during specifically authorized collections if any are provided.
C. 
Deposit or cause to be deposited any recyclable materials in any container not specifically intended for the collection of that type or group of recyclable material.
D. 
Deposit for cause to be deposited any nonrecyclable material in any container specifically intended for the collection or deposit of recyclable material.
E. 
Mix or permit intermixing of recyclable and nonrecyclable materials intended for collection by a collector/hauler or intended to be processed at a material recycling facility.

§ 362-21 Contracting with collector/hauler.

A. 
The Village may find that the purposes of this chapter will be better served by limiting collection of waste activities to a minimum and to that end the Village will contract with an independent contractor to provide waste collection services in accordance with this chapter. If any person needs a service in excess of that provided by such collector/hauler pursuant to the collection contract with the Village, such person is free to contract, at such person's cost, for such additional services as may be required or desired.
B. 
The Village Board shall be authorized, if it so determines, to place the pro-rata cost of such collector/hauler's fee for such services on the tax bill for the real property from which such waste is generated. Said amount so placed on the tax bill for each year in advance of such services and when so placed shall have the same force and effect as real estate taxes and shall be paid as in the same manner as real estate taxes.
C. 
The Village and the collector/hauler shall establish pickup times for the collection of collectible wastes.

§ 362-22 Condominiums and multifamily dwellings.

A. 
Each condominium association in the Village shall be responsible for establishing compliance with this chapter by the owner of each condominium unit, and shall submit its plan for compliance to the Village for approval and shall submit for approval of the Village any changes in such plan. Such plan may provide for the purposes of this chapter. Each condominium unit shall be treated the same as a single residential dwelling or the entire condominium shall be treated for such purposes as a multifamily dwelling (§ 362-3). In approving such a plan, the Village shall consider which plan under the circumstances would better promote the purpose of this chapter.
B. 
Each owner of a multifamily building, with the consent of the Village, shall have the option of treating each unit within said building as a single-family residence or comply with the requirements of § 362-8C, except that duplexes shall be treated as two single-family residences.

§ 362-23 Commercial buildings.

The owners of commercial, retail, industrial and governmental facilities shall provide for the disposal of recyclable materials as defined herein and shall regularly notify all users of said premises of such facilities, including employees, agents and customers of county and municipal recycling requirements.

§ 362-24 Agricultural operations.

Nothing in this chapter is intended to apply to the disposal of or the accumulation of agricultural or farm wastes, products or feed accumulated upon property used in the ordinary course of farming.

§ 362-25 Federal and state regulations.

It is expected that from time to time federal and state statutes and regulations will require that items other than the items which have been deemed to be recyclable herein shall be recycled. In such event, this chapter shall be deemed to include and shall require such other items to be recyclable hereunder.

§ 362-26 Violations and penalties.

A. 
Any person who shall violate any of the provisions of this chapter shall be subject to a penalty which shall be as follows:
(1) 
First offense. Any person found in violation of any provision of this section as a first offender shall receive a warning notice requiring compliance and may be subject to having refuse in violation of the provisions herein not collected.
(2) 
Second and subsequent offenses. Any person found guilty of violating any part of this chapter who has previously been notified of being in violation or has been convicted of violating the same chapter within one year shall, upon conviction thereof, be subject to a forfeiture as provided in § 1-3.
B. 
Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this chapter shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter.

§ 362-27 Special collections for violations.

If any entity, including those receiving collection from a private firm, is found in violation of the collection and storage requirements of this chapter and fails to comply with a notification and/or requirements of this chapter and fails to comply with a notification and/or citation, the Village Board or its designee shall be empowered to order a special collection to remove such violation. The person shall be notified of such special collection and the charges therefor. The special collection shall be made and, if billing plus $50 is unpaid, the bill shall be considered a lien on the property and shall be placed on the tax bill. A person shall not use the special collection provision of this chapter to circumvent requirements for collection by a private firm.