Village of Spencer, WI
Marathon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of Trustees of the Village of Spencer as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 198.
Hazardous materials and pollution — See Ch. 267.
Health and sanitation — See Ch. 271.
Junkyards — See Ch. 285.
Nuisances — See Ch. 342.
Trees and shrubs — See Ch. 433.
Junked vehicles — See Ch. 456.
[Adopted 10-4-1993 (Secs. 8-3-1 through 8-3-10 of the 1993 Code of Ordinances), as amended through 2-17-2015]
This article shall be known as the "Solid Waste Management Ordinance of the Village of Spencer," hereinafter referred to as this "ordinance" or "article."
It is hereby declared to be the purpose and intent of this article to enhance and improve the environment and promote the health, safety and welfare of the Village by establishing minimum standards for the storage, collection, transport, processing, separation, recovery and disposal of solid waste.
For the purpose of this article, the following words and phrases shall have the meanings given herein unless different meanings are clearly indicated by the context.
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
BULKY WASTE
Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
COMMERCIAL UNIT
All property with three or more residential units and shall include boardinghouses, motels and resorts.
CURB
The back edge of curb and gutter along a paved street or where one would be if the street was paved and had curb and gutter.
DEMOLITION WASTES
That portion of solid wastes consisting of wastes from the repair, remodeling or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt and plaster, conduit, pipe, wire, insulation and any other materials resulting from the demolition of buildings and improvements.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DUMP
A land site where solid waste is disposed of in a manner that does not protect the environment.
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 article.
GARBAGE
Includes every refuse accumulation of animals, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables originally used for foodstuffs.
HAZARDOUS WASTE
Those wastes such as toxic, radioactive or pathogenic substances which require special handling to avoid illness or injury to persons or damage to property and the environment.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
LITTER
Solid waste scattered about in a careless manner, usually rubbish.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial or institutional activities or a building or group of buildings consisting of four or more dwelling units.
PERSON
Individuals, firms, corporations and associations, and includes the plural as well as the singular.
PRIVATE COLLECTION SERVICES
Collection services provided by a person licensed to do same by the DNR.[1]
REFUSE
Includes all waste material, including garbage, rubbish and industrial waste, and shall, by way of enumeration but not by way of limitation, include grass, leaves, sticks, tree branches and logs, stumps, stone, cement, boards, furniture or household appliances, garden debris.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
An individual household capable of independent habitation by a family unit. A single-family dwelling shall be considered to be one residential unit; a multifamily dwelling shall be considered to be multiple residential units, the number of residential units to equal the number of family units to be housed therein. "Residential units" shall not include boardinghouses, motels or resorts.
RUBBISH
Includes combustible and noncombustible waste material, except rocks, concrete, bricks and similar solid materials, plaster or dirt, that is incidental to the operation of a building and shall include, by way of enumeration but not by way of limitation, rags, sweepings.
SCAVENGING
The uncontrolled removal of materials at any point in solid waste management.
SOLID WASTE
Garbage, rubbish and other useless, unwanted or discarded material from agricultural, residential, commercial, industrial or institutional activities. "Solid waste" does not include solid or dissolved material in domestic sewage.
STORAGE
The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
STORAGE AREAS
Areas where persons place containers during noncollection days as well as areas where containers are set out on collection day.
[1]
Editor's Note: The definition of "recyclable waste," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Storage areas shall be kept in a nuisance- and odor-free condition. Litter shall not be allowed to accumulate. Collection crews will not be responsible for cleaning up loose materials from any containers which have become ruptured or broken due to wet conditions, animals, vandalism or other cause. The occupant and/or owner shall be responsible for cleaning up this litter. Litter not collected shall not be allowed to accumulate. Violation will result in the occupant and/or owner being notified to clean up his area, with continued violation resulting in the owner being prosecuted under the provisions of this and other Village ordinances.
A. 
General container standards. Suitable containers of a type approved by the Village shall be provided by the property owner or tenant in which to store all solid waste except for bulky or certain yard wastes as provided for herein. Containers, in order to be approved, shall provide for efficient, safe and sanitary handling of solid wastes. They shall be maintained in a nuisance- and odor-free condition and shall be sufficient to prevent the scattering of contents by weather conditions or animals.
B. 
Approved containers. All garbage created, accumulated or produced shall be deposited in containers of a type approved by the Village Board and its collection contractor. Each container for a residential unit shall be equipped with suitable handles and tight-fitting covers, shall be watertight and shall have the capacity of not less than 10 gallons and not more than 30 gallons. 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 and shall not exceed 30 gallon capacity. Other containers for multifamily residential units (such as dumpsters) may be used with the express approval of the Village Board. Containers including contents shall not exceed in weight that which one person can safely lift (60 pounds). Metal garbage cans shall be of sufficient thickness to resist denting during normal handling by collection crews. Plastic garbage bags must be closed with a tie and shall consist of plastic material 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. Garbage and rubbish may be combined in the same container, except that open containers shall not contain garbage or material that may blow about. As of December 1, 1994, garbage must be placed in clear plastic bags.
C. 
Householder to provide containers. It shall be the duty of every occupant, tenant or proprietor of any residential unit to provide, and at all times keep in a suitable place readily accessible to the garbage collector, garbage containers capable of holding all garbage which would ordinarily accumulate on such premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require the tenants thereof to furnish proper garbage containers. Garbage containers located at multiple dwellings shall be marked so as to indicate the residential unit to which they belong.
D. 
Sawdust; ashes. Sawdust and cold, completely extinguished ashes may be left for collection in disposable containers.
A. 
Placement for collection - residential.
(1) 
Residential solid 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 and 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 6:00 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) 
Employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
C. 
Contracted collection services. Refuse collection services are contracted for. Residents will be assessed a fee on utility bills for these services.
A. 
Dead animals. It shall be unlawful to place any dead animal, or parts thereof, in a container for collection; provided, however, this section shall not apply to animal parts from food preparation for human consumption.
B. 
Undrained food wastes. It shall be unlawful to place any garbage or other food wastes in a container for collection unless it is first drained and wrapped.
C. 
Ashes. It shall be unlawful to place hot ashes for collection. (See § 407-5D.)
D. 
Improper placement. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, public or private property within the Village contrary to the provisions of this article.
E. 
Compliance with article. It shall be unlawful to store, collect, transport, transfer, recover, incinerate or dispose of any solid waste within the boundaries of the Village contrary to the provisions of this article.
F. 
Improper transportation. It shall be unlawful to transport any solid waste in any vehicle which permits the contents to blow, sift, leak or fall therefrom. If spillage does occur, the collection crew shall immediately return spilled materials to the collection vehicle and shall properly clean, or have cleaned, the area. All vehicles used for the collection and transportation of solid waste shall be durable, easily cleanable and leakproof, if necessary, considering the type of waste and its moisture content. Collection vehicles shall be cleaned frequently to prevent nuisances and insect breeding and shall be maintained in good repair.
G. 
Interference with authorized collector. No person other than an authorized collector shall collect or interfere with any garbage after it shall have been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any authorized person molest, hinder, delay or in any manner interfere with an authorized garbage collector in the discharge of his duties.
H. 
Scavenging. It shall be unlawful for any person to scavenge any solid waste or refuse placed for collection on the terrace without the permission of the owner.
I. 
Private dumps. It shall be unlawful for any person to use or operate a dump.
J. 
Burning of waste. It shall be unlawful for any person to burn solid waste in any manner, except as provided elsewhere in this Code of Ordinances.
K. 
Noncollectible materials. It shall be unlawful for any person to place for 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) 
Tires.
L. 
Animal or human wastes. It shall be unlawful for any person to place animal wastes and/or human wastes for collection. These wastes should be disposed of in the sanitary sewer system.
M. 
Hospital wastes. It shall be unlawful for any person to place for collection any pathogenic hospital wastes. Such items as needles and syringes may be disposed of as long as they are contained to eliminate injury to collection crews.
N. 
Building waste. All 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 collected. Building materials shall not be burned at the construction site.
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 other animals, or which otherwise becomes injurious to the public health is prohibited and declared to constitute a nuisance.
It is unlawful for any person firm or corporation to place, deposit or cause to be deposited for collection any waste or refuse not generated within the corporate limits of the Village of Spencer.
No person shall place in or on any garbage can, dumpster or other trash receptacle not belonging to or assigned by the owner of such receptacle to such person any garbage, refuse or trash without the permission of the owner or designated assignee of such receptacle, unless such receptacle is designated expressly or implicitly for use by the general public.
[Adopted 10-4-1993 (Sec. 8-3-11 of the 1993 Code of Ordinances), as amended through 2-17-2015]
The following definitions shall be applicable in this article:
DECIDUOUS MATERIAL
Yard wastes such as leaves, grass clippings, brush, branches, flowers and other similar vegetation, but specifically excludes sod, dirt, fruit, vegetables and other similar material.
NEWSPRINT
That portion of newspapers (newspapers and advertising circulars printed on newsprint which remain in substantially original condition at the time of disposal such that 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, for 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 has been damaged or altered by any other means so as to make recycling impossible or unduly difficult.
Each residence, residential unit, place of business, industry, commerce or other place providing goods or services of any type shall cooperate in the mandatory recycling of garbage and refuse by following the provisions of this article.
All recyclable material shall be separated from other garbage and refuse and be separated from nonrecyclable material when placed for curbside collection in special recycling bins. Recyclable materials shall consist of:
A. 
Glass. Container glass only; brown glass, green glass and clear glass shall be rinsed, clean, unbroken and have covers and caps and neck rings removed. Glass shall be color separated. Glass should not be broken. "Glass" does not include ceramic cups, dishes, oven ware, plate glass, safety and window glass, heat-resistant glass such as Pyrex, lead-based glass such as crystal, or television tubes.
B. 
Cans. All aluminum, tin, steel, copper and brass cans shall be rinsed, except that aerosol paint and oil cans may not be recycled.
C. 
Plastics. All plastics shall be rinsed and the labels shall be removed therefrom; No. 1 and No. 2 bottles only.
D. 
Cardboard. Cardboard of all types shall be flattened and bundled, clean, no waxed cardboard.
E. 
Newsprint. All newsprint shall be bundled pursuant to § 407-15 below.
F. 
Aluminum. Aluminum cans.
G. 
Mixed paper. All grades of paper, including white, colored, ledger, shiny, coated, carbonless or NCR papers; envelopes; magazines; telephone directories; computer printout paper; cereal boxes; etc.
H. 
Appliances. Residents shall make their own arrangements for disposal of appliances with firms contracted for such services.
Nonrecyclable materials shall include the following:
A. 
Glass. All Pyrex glass, window glass, light bulbs, mirrors, broken glass and china shall be considered nonrecyclable.
B. 
Plastics. Rigid cottage cheese containers, plastic wraps, egg cartons, Melmac-type plastics, and all forms of Styrofoam shall not be placed with recyclable materials but shall be disposed of in the manner prescribed for other nonrecyclable refuse.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Paper. All waxed paper and waxed cardboard shall be considered nonrecyclable paper.
D. 
Other materials. All other garbage and refuse not qualifying as recyclable materials.
A. 
No person in the Village shall dispose of newsprint with 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.
B. 
Newsprint shall not be placed in containers with other refuse or garbage. Newsprint for recycling shall be bundled with heavy string or cord, securely tied in both directions. No newsprint bundled for recycling shall weigh in excess of 25 pounds nor shall such bundle exceed 12 inches by 24 inches by 36 inches.
C. 
Such newsprint placed for recycling shall become the property of the Village or its collection agent.
Nonrecyclable materials shall be separated from recyclable materials when placed for scheduled curbside collection.
No person in the Village shall dispose of deciduous materials, such as grass clippings and leaves, with other refuse that may be lawfully deposited. Composted material shall be disposed of in such locations as established by the Village Board.
It shall be unlawful for any person to burn solid waste, garbage or refuse in any manner, including waste and debris at construction sites.
A. 
It shall be unlawful for any person to place for disposal at the dropoff center 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 and stumps;
(9) 
Gravel and concrete;
(10) 
Construction debris;
(11) 
Animal or human waste.
B. 
The aforementioned materials shall be disposed of in the manner prescribed by federal or state laws.
It shall be unlawful for any person to place for collection any pathogenic hospital or medical wastes. Such items as needles and syringes may be disposed of as long as they are contained to eliminate injury to disposal personnel.
All 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. Building materials shall not be burned at the construction site. Residents with a large amount of building materials need to call contracted services to bring a dumpster to the location for disposal. Do not take any building materials to compost area.
Garden/lawn waste is all waste resulting from gardens and lawns.
Tree and brush waste includes all branches and debris from trees and shrubs around the property.
Concrete waste includes all concrete, bricks, cement blocks, and blacktop.
It shall be unlawful to intentionally alter recyclable materials so as to render them as nonrecyclable material.
In the absence of an agreement to the contrary, title to the refuse and recyclable material placed for disposal shall vest in the Village of Spencer or its authorized agent as soon as it is placed for collection. It shall be a violation of this article 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 or left for disposal at the dropoff center or by any authorized private entity. Any and each such unauthorized collection or scavenging of recyclable materials in violation hereof shall constitute a separate and distinct offense punishable as provided for herein. Anyone engaged in placing materials that do not belong at the compost site will be in violation and will be under the same forfeiture as above.
Recycling services are contracted out. Residents will be assessed a fee on utility bills for this service.
Recycling containers are to be left at the residence when vacating the premises. There will be a charge assessed for any containers that are removed.
The contractor engaged by the Village to pick up curbside recyclables shall periodically inform the Village Board of persons not participating in the recycling program and of persons not properly preparing and handling the recyclables. Such persons shall then be notified by the Village Administrator-Clerk/Treasurer of their noncompliance. Failure to comply after notice shall subject the offending party to a forfeiture of not less than $10 nor more than $100 together with the costs of the action for each violation charged.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).