[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No.
872 as Ch. 11 of the 1982 Municipal Code. Amendments
noted where applicable.]
[Amended 9-8-1999 by Ord. No. 1419]
The Council shall be the Board of Health and shall have such
powers and duties as contained in the Wisconsin Statutes.
[1]
Editor's Note: Former § 11.02, Health Officer, was
repealed 12-10-1997 by Ord. No. 1349.
(2)
It shall be unlawful to sell, offer or expose for sale any milk or
milk product which is adulterated or misbranded as those terms are
defined in the Wisconsin Statutes.
(3)
It shall be unlawful to sell, offer or expose for sale any milk or
milk product other than Grade A pasteurized milk and milk products
as those terms are defined in General Order No. AG80.
(4)
The Health Officer shall enforce this section.
(1)
To assure preservation of public health, comfort and safety, it shall
be the duty of the owner of any building used for human habitation
and located adjacent to a sewer or water main, or in a block through
which one or both of such systems extend, to connect therewith after
notice as provided herein.
(2)
When a sewer or water main becomes available to any building used
for habitation, the Manager of the Shawano Municipal Utility shall
notify, in writing, the owner to connect thereto and to install a
water closet and such other facilities as may be reasonably necessary
to protect the public health, welfare and safety. The manner of connecting
shall be prescribed by the Manager.
(3)
The notice required by this section shall be given in the manner
prescribed by W.S.A. s. 281.45 or by registered mail addressed to
the last known address of the owner.
[Amended 9-8-1999 by Ord. No. 1419]
(4)
If the owner fails to comply after 30 days' notice as herein provided,
the notifying officer may cause connections and installations to be
made and the expense thereof assessed as a special assessment tax
against the property.
[Amended 9-8-1999 by Ord. No. 1419]
(5)
The owner may, within 30 days after receipt of an invoice for work
completed, file a written option with the Clerk-Treasurer stating
that he or she cannot pay the cost of connection in one sum and electing
that such sum be levied in five equal annual installments, with interest
on the unpaid balance at the current interest rate.
(6)
After connection of any building used for human habitation to a sewer
main, no privy, cesspool or waterless toilet shall be used in connection
with such human habitation.
(1)
Sanitary requirements. All structures, pens, buildings, coops or
yards wherein animals or fowl are kept shall be maintained in a clean
and sanitary condition, free of rodents, vermin and objectionable
odors.
(2)
Animals excluded from food-handling establishments. No person shall
take or permit to remain any dog, cat or other live animal on or upon
any premises where food is sold, offered for sale or processed for
consumption by the general public.
(3)
Animals excluded from within City limits.
[Amended by Ord. No. 1032; 9-8-1999 by Ord. No. 1419]
(a)
No horse, mule, donkey, pony, cow, goat, sheep, pig, wild animal or animal raised for fur-bearing purposes shall be kept within the City except in areas zoned as FD Future Development District and as provided in § 7.132 of this Code. This prohibition shall not be applicable to fairground property.
[Amended 5-17-2017 by Ord. No. 1917]
(b)
Not more than two each of rabbits or guinea pigs more than four
months old nor more than 10 pigeons shall be kept on any premises
within the City except in areas zoned as FD Future Development District.
(1)
Permit required. No person shall conduct within the City any business
which has a tendency to create a public nuisance, except upon permit
issued by the Board of Health and subject to such conditions as the
Board may impose.
(2)
Definition. A business which has a tendency to create a public nuisance, as defined in § 9.02 of this Code, unless properly regulated.
(3)
Statutory reference. This section is enacted pursuant to W.S.A. s.
66.052.
No person shall sell, offer for sale or hold for sale any meat,
fish, fruits, vegetables or other articles of food or drink which
is not fresh or properly preserved, sound, wholesome and safe for
human consumption or the flesh of any animal which died by disease.
The Health Officer is hereby authorized and directed to seize and
destroy any articles of food or drink which are offered or held for
sale to the public which have become tainted, decayed, spoiled or
otherwise unwholesome or unfit for human consumption.
The Health Officer shall have the right to enter and examine
any public premises or any place where meat, fish, poultry, game,
milk, bakery goods or other foodstuffs are stored, prepared or dispensed
for public consumption and to inspect or examine any vehicle transporting
such foodstuffs for the purpose of enforcing the provisions of this
chapter.
[Amended 9-8-1999 by Ord. No. 1491]
The Health Officer, together with the Board of Health, shall
have the power to abate health nuisances in accordance with W.S.A.
s. 254.59, which is hereby adopted by reference and made a part of
this section as if fully set forth herein.
(1)
Mowing required. No person owning property within the City shall
permit any weeds, grass or plants to grow to a height exceeding eight
inches. Any such weeds, grass or plants exceeding said height are
hereby declared to be a nuisance. In order to prevent such growth,
it shall be the duty of every property owner to mow or cause to be
mowed upon his or her premises all such weeds, grass and plants exceeding
eight inches in height. It is the property owner's responsibility
to maintain all grass, weeds and plants in any abutting street right-of-way.
[Amended 8-14-2019 by Ord. No. 1976; 4-13-2022 by Ord. No. 2006]
(2)
Mowing/trimming/cutting by City. It shall be the duty of the designated
Code Enforcement Officer to enforce this section, and if any person
shall fail to comply herewith, the Code Enforcement Officer shall,
after 48 hours' written notice to the owner, cause the premises
to be mowed/trimmed/cut and shall report the cost thereof, in writing,
to the City Clerk and to the property owner. The costs/fees shall
be as set by Council resolution. In the event of nonpayment within
30 days from said report of cost, such cost shall be assessed against
the real estate as a special charge. Repeat offenses at a premises,
occurring within a six-month period following a mowing/trimming/cutting
by the City, will not be noticed to the property owner and the Code
Enforcement Officer shall cause the premises to be mowed/trimmed/cut
and the costs reported and collected as provided above.
[Amended 6-13-2007 by Ord. No. 1683; 7-9-2014 by Ord. No. 1850; 3-11-2015 by Ord. No. 1858; 4-6-2015 by Ord. No. 1861; 4-13-2022 by Ord. No. 2006]
(3)
Exemptions. The following shall be generally exempt from the foregoing
mowing requirements:
[Amended 8-14-2019 by Ord. No. 1976]
(a)
Trees.
(b)
Bushes and shrubs.
(c)
Flowers.
(d)
Other ornamental plants.
(e)
Fruit and vegetable gardens.
(f)
Agricultural crops.
(g)
Undisturbed wooded lots.
(h)
Where no lawn exists.
(i)
Unimproved real estate, which is not subject to development
plans, site plans or building permits of the City.
(4)
Specific exemptions. To prevent unnecessary hardship and to avoid
practical difficulty in complying with the foregoing mowing requirements,
any aggrieved party may request a specific exemption from the Code
Enforcement Officer. Such request shall be submitted in writing and
shall detail the unnecessary hardship or practical difficulty claimed.
Any exemptions so granted by the Code Enforcement Officer shall be
in writing, shall clearly show what particular and specific unnecessary
hardship or practical difficulty is exempted, and a copy of same shall
be filed with the City Clerk so as to be available for public inspection.
Denials of specific exemptions by the Code Enforcement Officer may
be appealed in writing, within 30 days, to the Field Committee. The
decision of the Field Committee shall be given in writing, within
seven days, subject to approval of the Council.
[Amended 4-13-2022 by Ord. No. 2006]
[Amended by Ord. No. 1196; Ord. No. 1213; 5-20-1998 by Ord. No. 1358; 9-8-1999 by Ord. No. 1419; 12-8-1999 by Ord. No. 1438; 2-20-2002 by Ord. No. 1509; 2-20-2002 by Ord. No.
1510; 1-10-2007 by Ord. No. 1674; 9-12-2007 by Ord. No. 1687; 11-9-2011 by Ord. No. 1799; 2-13-2013 by Ord. No. 1820]
(1)
BIMETAL CONTAINER
BRUSH
BULKY WASTES
COMMERCIAL WASTE
COMMINGLED RECYCLABLES
GARBAGE
HAZARDOUS WASTE
HOUSEHOLD HAZARDOUS WASTE
INDUSTRIAL WASTE
JUNK MAIL
MAJOR APPLIANCE
MEDICAL WASTE
METAL
NONRECYCLABLE SOLID WASTE
OFFICE PAPER
RECYCLABLES or RECYCLABLE MATERIALS
REFUSE
SOLID WASTE
WOOD WASTE
YARD WASTE
Definitions. The terms used herein shall be defined as follows:
A container for carbonated or malt beverages that is primarily
made of steel and aluminum.
Clean woody vegetative material which is less than six inches
in diameter, including stumps, roots or shrubs with intact root bulbs.
In general, those wastes too large to be placed in an automated
waste collection cart.
Any solid waste that accumulates in or upon property which
is used for business, commerce or trade or multifamily dwellings of
five or more units.
A mixture of several recyclable materials placed in one container.
All kinds of organic kitchen waste resulting from the preparation
of food and all decayed or spoiled food products from any source whatsoever.
Any waste which, because of its quantity, concentration or
physical, chemical or infectious characteristics, including but not
limited to ignitability, corrosivity, reactivity or toxicity, may
pose a substantial present or potential hazard to human health or
the environment when improperly treated, disposed of or otherwise
managed.
Those wastes resulting from products purchased by the general
public for household use which, because of their quantity, concentration
or physical, chemical or infectious characteristics, may pose a substantial
known or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Any solid waste that accumulates in or upon property which
is used for manufacturing or industrial purposes.
The paper portion of discarded postal mail.
A commercial or residential water heater, boiler, furnace,
dehumidifier, range, microwave oven from which the capacitor has been
removed, refrigerator, freezer, air conditioner, dishwasher, clothes
washer, clothes dryer and television.
Infectious waste and those containers, packages and materials
containing pathogens with sufficient virulence and quantity so that
exposure to the waste by a susceptible host could result in disease.
Metal which can be recycled but is not a major appliance
or metal container such as a steel or aluminum can.
Material not capable of being recycled or used again. As
used herein, the term includes wastes that were at some time recyclable
but in their current form are not.
Paper products generated in an office, consisting of, but
not limited to, high-grade copy paper, computer paper and envelopes.
Those items listed in W.S.A. s. 287.07(1m) to (4), which
includes lead-acid batteries, major appliances, waste oil, yard waste,
aluminum containers, corrugated cardboard or other container board,
foam polystyrene packaging, container glass, magazines, newspapers,
office paper, rigid plastic containers, steel containers and waste
tires.
Combustible and noncombustible rubbish, including, but not
limited to, paper, wood, metal, glass, cloth and products thereof,
litter, street sweepings, ashes, grit, lumber, concrete and other
debris resulting from the demolition or destruction of structures.
All garbage, refuse, rubbish, recyclable material, yard waste
and any other discarded or salvageable solid material.
Clean, dry, untreated wood wastes, limbs and branches resulting
from the care of trees, shrubs and bushes by pruning, trimming and/or
wind damage.
Leaves, grass clippings, and yard and garden debris.
(2)
Applicability. This section shall apply to all persons and/or entities
within the City. The collection and disposal of solid waste from commercial
or industrial property or multifamily dwellings of five or more units
is the responsibility of the business or industry and multifamily
dwellings of five or more units.
(3)
Implementation. The collection, removal and disposal of solid waste
in the City shall be conducted under the supervision and direction
of the Field Committee. The Director of Public Works shall be responsible
for implementing and enforcing this section.
(4)
General requirements and prohibitions.
(a)
Antiscavenging. No person shall disturb, remove or scavenge
any solid waste deposited at the curb area or in any City-owned facility.
Only City employees or agents of the City shall remove such deposited
materials.
(b)
Nuisance. No person shall deposit or allow the deposition of
solid waste on any property, street, alley, lake or stream within
the City, thereby creating a nuisance.
(c)
Littering. No person shall throw, deposit or place any solid
waste, grass clippings, yard waste or debris on or within any public
street, alley, park, sidewalk or other public place, or upon any private
property or premises, whether owned, kept, or controlled by such person
or not, unless the same shall be placed in containers as herein required.
[Amended 6-10-2015 by Ord. No. 1868]
(d)
Nonresident solid waste disposal. It shall be unlawful for any
person to place, or permit another to place, any solid waste in any
receptacle or at any solid waste collection point used in the City
unless the solid waste is from the premises served by the container
or collection point.
(e)
Composting. Backyard composting of yard wastes is encouraged;
however, composting must be done in a manner to prevent an environmental
or health hazard or nuisance. No dairy products, meat, fish, fat,
oils, bones or animal waste shall be composted.
(5)
Solid waste collection.
(a)
General.
2.
All solid waste not prepared or placed according to this section
may be rejected by the collector, in which case the solid waste shall
be tagged, indicating the reason for the rejection. Should the violation
continue, the resident shall be issued a citation, indicating the
violation of this section.
(b)
Collection schedules. Garbage, refuse, recyclables, yard waste,
wood waste and brush, metal and bulky items shall be collected according
to schedules designated by the Field Committee. Changes to the collection
schedule due to holidays are shown on the annual collection calendar.
(c)
Solid waste storage, collection points and special charge.
[Amended 11-16-2015 by Ord. No. 1884]
1.
Solid waste shall be stored to the rear of a dwelling or in
an enclosed area.
2.
All solid waste shall be placed at the curb for collection.
The solid waste collector shall not leave the public street to make
a pickup unless directed to do so by the Director of Public Works.
3.
Containers must be set out for collection by 7:00 a.m. Solid
waste must not be set out before 5:00 p.m. of the day preceding a
regularly scheduled collection. Containers shall be returned to the
point of storage within 12 hours after collection.
4.
A charge in an amount as set by Council resolution shall be
assessed when the collection crew must return to pick up solid waste
that was set out after the regularly scheduled collection has occurred.
5.
All solid waste recycling and disposal customers of the City
of Shawano will be assessed a yearly special charge. The annual charge
will be set by Council resolution.
(d)
Preparation of refuse and garbage for collection.
1.
All garbage shall be well drained, wrapped in paper and placed
in clear plastic bags. Plastic bags shall be designed for this use
and properly secured. The bags shall be puncture-, rip- and tear-resistant.
Residents shall not place waste in the bags in excess of what the
bag can safely hold without breaking or tearing when picked up.
2.
Garbage and refuse may not be placed loose in a City-issued
automated cart. Bagged garbage and refuse must be placed in automated
carts when deposited at the curb for collection.
3.
Bulky items such as carpeting, furniture and demolition materials
shall be collected on the schedule as determined by the Field Committee.
If an item is larger than four feet in length, two feet in diameter
and 50 pounds in weight, the owner may be required to reduce its size
and/or weight. A fee shall be charged for the collection of these
items as set by Council resolution.
4.
No liquids of any kind shall be deposited in the garbage or
refuse.
5.
Ashes and sawdust shall be separated from other refuse and garbage
and placed in plastic bags meeting the specification in Subsection
(5)(d)1 above. The weight shall not exceed 25 pounds per bag. Ashes
must be completely extinguished. Bags of ashes and sawdust are considered
bulky items and require a permit for collection.
6.
Animal waste (feces) shall be wrapped in paper or absorbent
material and placed in marked plastic bags or other disposable container.
7.
Demolition material or other special wastes such as stones,
broken concrete, dirt, plaster and building materials shall be collected
as a bulky item. Disposal of larger amounts of demolition material
shall be the responsibility of the property owner. Large piles of
demolition materials left for City collection shall be billed to the
property owner at the rate as set by Council resolution.
8.
Pesticides, acids, caustics, infectious wastes, syringes, radioactive
materials, flammable or explosive materials, liquid paint, waste cooking
oil and engine oil, lead-acid batteries, tires, antifreeze or other
similar chemicals or hazardous wastes will not be collected and shall
not be mixed with other solid wastes collected by the City.
9.
Lead-acid batteries, waste engine oil, syringes, cooking oil,
antifreeze and tires may be taken to the Shawano Landfill and Recycling
Center for disposal.
10.
Major appliances shall be collected from residential properties.
A fee shall be charged for the collection of these items as set by
Council resolution. Commercial and industrial properties may bring
these items to the Recycling Center or make other arrangements for
the recycling of these items.
(e)
Preparation of recyclables for collection.
1.
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 or similar papers.
k.
Newspapers and newsprint.
l.
Office paper.
m.
Plastic containers.
n.
Steel containers.
o.
Waste tires.
2.
To the greatest extent possible, the recyclable materials separated
according to Subsection (5)(e)1 above shall be clean and free of contaminants
such as food or product residue, oil or grease or other nonrecyclable
materials, including, but not limited to, hazardous waste, medical
waste and agricultural chemical containers.
3.
When collected by the City, these materials shall be placed
in the City-issued automated carts with blue lids. Recyclables shall
be set at the curb for collection biweekly as shown on the annual
recycling calendar.
4.
The owners or designated agents of multifamily dwellings, churches,
and commercial, retail, industrial, institutional and governmental
facilities shall provide containers for recycling; semiannually notify,
in writing, users, tenants and occupants of the recycling programs
and requirements; provide for the collection of recycled materials
from the users, tenants and occupants and delivery to a recycling
facility; and notify said persons of reasons to reduce and recycle,
which materials are collected, how to prepare recyclables in order
to meet the processing requirements of the recycling program, collection
methods or sites, location and hours of operation and a contact person,
including a name, address and telephone number.
5.
The base level of service for City collection of recyclables
shall not exceed two carts biweekly. It shall be the owner's responsibility
to arrange for recycling of items in excess of the base level of service.
6.
Where recyclable materials are privately collected, it shall
be the responsibility of the collector to properly deliver the materials
to a recycling facility or end user of recyclables and to keep all
records needed to document and otherwise comply with state rules.
(f)
Preparation of yard waste for collection.
[Amended 3-11-2015 by Ord. No. 1860]
1.
The Department of Public Works shall continue to collect grass
clippings and yard waste with no charge to the resident. Yard waste
shall be placed at the curb in biodegradable bags or in garbage cans
or containers with a yard waste sticker affixed. Garbage cans or containers
may not be larger than 25 gallons in size. Collection is limited to
a maximum of six cans or containers per week, per residence, outside
of designated spring and fall cleanup times, with no can or bag to
exceed 50 pounds.
2.
Keep all garbage, metal, wood and brush out of the bags or piles
of yard waste.
3.
Leaves shall be picked up in the fall if raked into windrows
at the curb or placed at the curb in bags.
4.
Grass, leaves and garden wastes are composted at the landfill
and can be taken to the landfill during normal operating hours. Finished
compost or bags of leaves are available to City residents.
(g)
Preparation of wood and brush for collection.
1.
Wood and brush will be collected according to schedules designated
by the Field Committee. Christmas tree collection will be done during
the month of January.
[Amended 5-7-2014 by Ord.
No. 1844]
2.
Bulky limbs and cuttings from trees and shrubs must be cut in
four-foot lengths and tied in bundles not more than two feet in diameter.
3.
Wood and brush shall not be placed in a container or garbage
can. It shall be placed directly at the curb.
4.
Residents may bring wood waste and brush to the landfill and
recycling site during normal operating hours.
5.
Large piles of wood and brush left for City collection shall
be billed at the rate as set by Council resolution per five-yard truck
load.
6.
Prohibitions on the disposal of recyclable materials. No person
may dispose of in a solid waste disposal facility or burn in a solid
waste treatment facility any of the materials specified in Subsection
(5)(e)1 above which have been separated for recycling, except waste
tires which may be burned with energy recovery in a solid waste treatment
facility.
7.
Enforcement.
a.
Any authorized officer, employee or representative of the Department
of Public Works may inspect recyclable materials separated for recycling,
postconsumer waste intended for disposal, collection sites and facilities,
collection vehicles, collection areas of multifamily dwellings, nonresidential
facilities and properties, solid waste disposal facilities and solid
waste treatment facilities. The Department may also request any records
relating to recycling activities for the purpose of ascertaining compliance
with the provisions of this section.
b.
No person may obstruct, hamper, interfere with or deny access
or information to any authorized officer, employee or representative
of the Department who presents appropriate credentials for the purpose
of inspection.
c.
Bulky items such as carpeting, furniture and demolition materials
that are left on the curb without an attached bulky item sticker will
be tagged and not collected. If items remain at the curb for two weeks
after they have been tagged, items will be collected by the City of
Shawano and a fee as set by Council Resolution will be assessed per
item per occurrence in addition to the cost of the appropriate bulky
item fee.
[Added 9-7-2016 by Ord.
No. 1901[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
(5)(g)7c as Subsection (5)(g)7d.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 20.04 of this Code in addition to the specific penalties provided in this chapter. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.