[HISTORY: Adopted by the Village Board of Trustees of the
Village of Spencer as indicated in article histories. Amendments noted
where applicable.]
[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.
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
All property with three or more residential units and shall
include boardinghouses, motels and resorts.
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.
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.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
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.
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.
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.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Solid waste scattered about in a careless manner, usually
rubbish.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of four or more dwelling units.
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
Collection services provided by a person licensed to do same
by the DNR.[1]
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.
All solid waste that normally originates in a residential
environment from residential dwelling units.
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.
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.
The uncontrolled removal of materials at any point in solid
waste management.
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.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
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.
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.
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:
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.
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:
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.
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]
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.
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.
