[Adopted 7-14-2009 by Ord. No. 209]
Title. This article shall be known as the "Dumpster Ordinance" of the City of Arcadia and will be referred to in this article as "this article" or as the "Dumpster Ordinance."
Authority. This article is adopted pursuant to and in accordance with the authority granted by § 62.11(5), Wis. Stats.
Scope. The scope of this article includes the regulation of all dumpsters used within the City of Arcadia. The scope of this article shall also include sanitary and safety conditions, as well as the conditions and time limits for usage of dumpsters in the City of Arcadia.
Purpose. The purpose of this article is to further the safety and sanitary conditions for the residents and visitors in the City of Arcadia; to prevent leakage of harmful pollutants into the soil or water in the City of Arcadia; to provide for timely use of dumpsters and proper disposal of refuse in said dumpsters; and to prevent blighting impact upon neighborhoods in the City of Arcadia.
Intent. The intent of this article is to require the best safety and sanitary practices when utilizing a dumpster for disposal of refuse and when disposing of construction debris, and to prevent harmful pollutants from leaking into the soil or water in the City of Arcadia.
As used in this article, the following terms shall have the meanings indicated:
- The City of Arcadia, a Wisconsin municipal corporation located in Trempealeau County, Wisconsin.
- COMMERCIAL CUSTOMER
- A business or person using one or more dumpsters to store temporarily refuse generated in a retail business offering goods or services for sale to the ultimate consumer.
- CONSTRUCTION DEBRIS
- Waste resulting from construction, renovation, or demolition of building structures.
- CONSTRUCTION DUMPSTER
- A dumpster used to store temporarily construction debris, including without limitation soil, brick, building stone, concrete, reinforced concrete, broken pavement and unpainted or untreated wood.
- INDUSTRIAL CUSTOMER
- A business or person using one or more dumpsters to store temporarily industrial wastes.
- INDUSTRIAL WASTES
- Liquid or other wastes resulting from any process of industry, manufacture, trade or business or the development of any natural resource.
- MULTI-RESIDENTIAL CUSTOMER
- A business or person using one or more dumpsters to store temporarily refuse generated in a multi-residential apartment complex.
- All natural persons, partnerships, associations, corporations, and limited liability companies.
- POST-CONSUMER WASTE
- Solid waste other than:
- A. Solid waste generated in the production of goods;
- B. Hazardous waste, as defined in § 291.01(7), Wis. Stats.;
- C. Waste from construction and demolition of structures;
- D. Scrap automobiles; or
- E. High-volume industrial waste, including without limitation fly ash, bottom ash, paper mill sludge, or foundry process waste.
- REFUSE or WASTE
- Animal or vegetable waste resulting from handling, preparation, cooking, serving and nonconsumption of food or beverage, and packaging and other materials from consumer goods.
- RESIDENTIAL CUSTOMER
- A person or family using a dumpster to store temporarily post-consumer waste.
- UNPAINTED AND UNTREATED WOOD AND BRUSH
- All brush, branches, small trees, bushes, furniture and other articles made primarily from unpainted and untreated wood, except yard waste.
The name, address, and telephone number of the person that is responsible for emptying the dumpster shall be displayed on the front of the dumpster on a label no less than four inches by eight inches in size and in a weatherproof manner.
Any commercial customer or industrial customer in the City is authorized to utilize a dumpster on a regular basis, regardless of time or duration, so long as it complies with the sanitary conditions set forth in § 367-34 of this article and the safety conditions set forth in § 367-35 of this article.
Construction dumpsters may be placed on a public roadway, alleyway, highway, or parking lot but only with a special dumpster use permit issued by the City and shall be placed directly in front of or behind the property address utilizing the dumpster. No dumpster shall be permitted on a public sidewalk.
Editor's Note: The application for a special use permit is included as an attachment to this chapter.
Any dumpster into which animal or vegetable waste or material has been dumped or deposited and any material with the potential to produce or cause noxious, foul, or offensive odors shall be removed or emptied within 72 hours after being deposited in the dumpster.
Any dumpster that has contained animal or vegetable waste or which has caused noxious, foul, or offensive odors shall be cleaned promptly by the owner so as not to attract insects, flies, or animals.
The area around a dumpster shall be kept free of debris and litter, to include the removal of nails, screws, or similar metallic materials with the use of a magnet-type tool.
The area around a dumpster shall be kept free of sharp debris or construction material such as metal and glass.
All full dumpsters shall be removed from a property or emptied within 72 hours after becoming full.
All dumpsters, except construction dumpsters, shall be fully secured with the lid in place.
All dumpsters shall be maintained on a flat surface or properly secured to prevent undesired moving of dumpster.
All dumpsters that are on or within six feet of a public roadway, alleyway, highway, or parking lot shall be made to be visible on all visible sides of the dumpster with a reflective area not less than 36 inches square. The owner of the dumpster shall be responsible for making the dumpster visible as set forth in this subsection.
Dumpsters shall have access limited to those permitted to utilize them and if placed on a public roadway, alleyway, highway, or parking lot shall be protected on all sides by lighted barricades. The owner of the dumpster shall be responsible for providing barricades for the dumpster as set forth in this subsection.
All dumpsters utilized in the City shall be placed, at minimum, equal distance from fire hydrants as vehicles are required by law.
Usage. A dumpster shall only be used to contain and remove debris, refuse, and other material generated at the location where the dumpster is placed. Recyclable materials shall be handled in accordance with Article III, Collection, Recycling and Disposal, of this chapter.
Residential customers. During any twelve-month period, a residential customer shall not place or allow to be placed a dumpster on the residential customer's lot for a total of more than 14 days if placed on the street or for more than 21 days if placed anywhere else. Notwithstanding the foregoing or anything contained herein to the contrary, no dumpster shall be placed on a residential lot for more than 21 days.
Multi-residential customers and commercial customers. A dumpster placed by a multi-residential customer or a commercial customer under the authority in this article and not placed on a public roadway, alleyway, highway, or parking lot may remain on the site as long as required if it is for permanent refuse or trash collection and disposal.
Industrial customer. A dumpster and any replacement dumpster placed by an industrial customer under the authority in this article and not placed on a public roadway, alleyway, highway, or parking lot may remain on the site as long as required if it is for permanent refuse or trash collection and disposal.
Construction dumpsters. Special use permit with expiration date.
Any dumpster not in compliance with this article must be corrected and brought into compliance immediately or it is hereby declared to be a public nuisance and may be abated by the City at the owner's or responsible person's expense. Abatement shall, at the City's option, include removal, emptying, or cleaning the dumpster. If the owner or responsible party is not able to be contacted, the City is hereby authorized to immediately abate the noncompliance.
It shall be unlawful for a person or company to utilize a dumpster in the City in violation of this article. The City may institute appropriate actions or proceedings to enjoin violations of this article.
Any person, firm or corporation who or which fails to comply with the provisions of this article shall, upon conviction thereof, forfeit not less than $10 nor more than $350 and the costs of prosecution for each violation and the cost incurred by the City if the City abated any noncompliance. In default of payment, such violator shall be subject to imprisonment in the county jail as provided by Wisconsin law. Each day a violation exists or continues shall constitute a separate offense.