City of Shawano, WI Health and Sanitation

Editor's Note: Former § 11.02, Health Officer, was repealed 12-10-1997 by Ord. No. 1349.

§ 11.03 Sale of milk and milk products.

License required. See § 7.10 of this Code.

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.

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.

The Health Officer shall enforce this section.

§ 11.04 Compulsory connection to sewer or water. [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.

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.

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]

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.

Editor's Note: See also § 12.22, Connections to sanitary sewer and water systems.

§ 11.05 Keeping of animals and fowl.

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.

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.

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.

§ 11.06 Regulation of nuisance-type businesses. [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.

Definition. A business which has a tendency to create a public nuisance, as defined in § 9.02 of this Code, unless properly regulated.

Statutory reference. This section is enacted pursuant to W.S.A. s. 66.052.

Editor's Note: See also Ch. 9, Public Nuisances.

§ 11.07 Sale of unwholesome or tainted food prohibited.

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.

§ 11.08 Right of Health Officer to enter premises.

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.

§ 11.09 Abatement of health nuisances.

[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.

§ 11.10 Control of weeds, grass and plants.

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]

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]

Exemptions. The following shall be generally exempt from the foregoing mowing requirements:

[Amended 8-14-2019 by Ord. No. 1976]

Trees.

Bushes and shrubs.

Flowers.

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.

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]

§ 11.11 Solid waste recycling and disposal.

[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]

HOUSEHOLD HAZARDOUS WASTE

Definitions. The terms used herein shall be defined as follows:

BIMETAL CONTAINER

A container for carbonated or malt beverages that is primarily made of steel and aluminum.

BRUSH

Clean woody vegetative material which is less than six inches in diameter, including stumps, roots or shrubs with intact root bulbs.

BULKY WASTES

In general, those wastes too large to be placed in an automated waste collection cart.

COMMERCIAL WASTE

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.

COMMINGLED RECYCLABLES

A mixture of several recyclable materials placed in one container.

GARBAGE

All kinds of organic kitchen waste resulting from the preparation of food and all decayed or spoiled food products from any source whatsoever.

HAZARDOUS WASTE

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.

INDUSTRIAL WASTE

Any solid waste that accumulates in or upon property which is used for manufacturing or industrial purposes.

JUNK MAIL

The paper portion of discarded postal mail.

MAJOR APPLIANCE

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.

MEDICAL WASTE

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

Metal which can be recycled but is not a major appliance or metal container such as a steel or aluminum can.

NONRECYCLABLE SOLID WASTE

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.

OFFICE PAPER

Paper products generated in an office, consisting of, but not limited to, high-grade copy paper, computer paper and envelopes.

RECYCLABLES or RECYCLABLE MATERIALS

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.

REFUSE

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.

SOLID WASTE

All garbage, refuse, rubbish, recyclable material, yard waste and any other discarded or salvageable solid material.

WOOD WASTE

Clean, dry, untreated wood wastes, limbs and branches resulting from the care of trees, shrubs and bushes by pruning, trimming and/or wind damage.

YARD WASTE

Leaves, grass clippings, and yard and garden debris.

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.

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.

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.

Solid waste must be source-separated into the following components:

Refuse.

Recyclables.

Yard waste.

Wood waste and brush.

Metal and bulky items.

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]

Solid waste shall be stored to the rear of a dwelling or in an enclosed area.

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.

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.

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.

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.

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.

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.

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.

No liquids of any kind shall be deposited in the garbage or refuse.

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.

Animal waste (feces) shall be wrapped in paper or absorbent material and placed in marked plastic bags or other disposable container.

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.

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.

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.

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:

Lead-acid batteries.

Major appliances.

Waste oil.

Yard waste.

Aluminum containers.

Bimetal containers.

Corrugated paper or other container board.

Foam polystyrene packaging.

Glass containers.

Magazines or similar papers.

Newspapers and newsprint.

Office paper.

Plastic containers.

Steel containers.

Waste tires.

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.

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.

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.

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.

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]

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.

Keep all garbage, metal, wood and brush out of the bags or piles of yard waste.

Leaves shall be picked up in the fall if raked into windrows at the curb or placed at the curb in bags.

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.

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]

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.

Wood and brush shall not be placed in a container or garbage can. It shall be placed directly at the curb.

Residents may bring wood waste and brush to the landfill and recycling site during normal operating hours.

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.

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.

Enforcement.

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.

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.

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]]