[HISTORY: Adopted by the Village Board of the Village of Fredonia as Title 8, Ch. 3, of the 1995 Code. Amendments noted where applicable.]
This chapter shall be known as the "Solid Waste Management Ordinance" of the Village of Fredonia, hereinafter referred to as this "ordinance" or "chapter."
It is hereby declared to be the purpose and intent of this chapter 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 chapter, 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.
- Logs, branches, trunks, stumps of removed or partially removed trees, hedge, or bushes.
- BULK WASTE
- Solid waste material that does not fit into the collection container that is legally able to be disposed at a landfill.
- COMMERCIAL UNIT
- Commercial units shall be all property other than residential units and shall include businesses, stores, schools, churches, clubs, lodges, apartments, multiple-family complexes of four or more units, including condominium complexes, boarding homes, motels and resorts.
- COMMERCIAL WASTE
- Solid waste material resulting from the operation of commercial units, including garbage, rubbish, and other solid materials incidental thereto.
- CONDOMINIUM COMPLEX
- Any residential-type structure having more than three families in separate living units and receiving separate tax bills.
- The back edge or 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.
- The orderly process of discarding useless or unwanted material.
- The Wisconsin Department of Natural Resources.
- DOMESTIC WASTE
- Solid waste material resulting from the usual and customary routine of residential housekeeping and includes garbage and rubbish.
- 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 chapter.
- Includes refuse accumulation of animals, fruit or vegetable matter, liquid or otherwise, that results from the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetables originally used for foodstuffs.
- GARDEN WASTE
- Includes all annual, perennial and weed plant material contained within a vegetable or flower garden.
- 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.
- Solid waste scattered about in a careless manner, usually rubbish.
- MAJOR APPLIANCE
- A residential or commercial air conditioner, boilers, clothes dryer, clothes washer, dehumidifier, dishwasher, freezer, furnace, microwave oven (from which the capacitor has been removed), oven, refrigerator, stove, or water heater.
- MULTIFAMILY RESIDENCE
- Any residential-type structure and condominium complexes having more than three families in separate living units.
- Common and inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers and paper material from mailings and gray board.
- NONRESIDENTIAL PROPERTY
- Any property not defined as residential housing.
- 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.
- OFFICE PAPER
- High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledge and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
- 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.
- All materials subject to recycling under Wis. Stats. Ch. 287, including newsprint, boxes, cartons, office paper, glass, aluminum, tin, and plastic (grades 1 to 7).
- The act of removing recyclable items from the general waste stream, prohibiting its entrance into a landfill.
- 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 HOUSING
- Single-family dwellings, duplexes, and three-family dwellings. It does not include condominium complexes with more than three units.
- RESIDENTIAL SOLID WASTE
- All solid waste that normally originates in a residential environment from residential dwelling units.
- RESIDENTIAL UNIT
- Residential unit shall mean an individual household capable of independent habitation by a family unit. A single-family dwelling shall be considered to be one-residential unit; multifamily dwelling shall be considered to be multiple-residential units, the number of residential units equals 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, tin cans, bottles, rags, paper, cardboard, sweepings.
- The uncontrolled removal of materials at any point in solid waste management.
- SINGLE-/TWO-/THREE-FAMILY RESIDENCE
- Any structure wherein one to three families reside in separate living units.
- 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, toxic wastes, hazardous materials, hazardous wastes or hazardous substances (as further defined under state and federal law), construction or demolition waste, yard waste, and rubble.
- 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 non-collection days as well as areas where container are set out on collection day.
- WASTE TIRE
- A tire that is no longer suitable for its original purpose because of wear, damage or defect.
- WHITE GOODS/MAJOR APPLIANCES
- Includes refrigerators, dishwashers, air conditioners, ranges/stoves, washing machines, dryers, water softeners, trash compactors, dehumidifiers, water heaters, microwave ovens, and ovens.
- YARD WASTE
- Waste limited to what is grown and/or produced on a residential property, including, but not limited to, branches, leaves, logs, stumps, weeds, mulch, thatch, and brush.
Storage area 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.
General container standards. Suitable containers of a type approved by the Village shall be used to store all solid waste. 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 have a lid or cover that can close sufficiently to prevent the scattering of contents by weather conditions or animals.
Approved containers. All solid waste created, accumulated or produced shall be deposited in containers of a type approved by the Village Board. Containers shall be kept in a neat, clean and sanitary condition at all times. Other containers for multifamily residential units (such as dumpsters) may be used with the express approval of the Village Board. Containers for residential solid-waste including contents shall not exceed 250 pounds in weight. Garbage and rubbish may be combined in the same container.
Responsibility to provide containers. The Village will provide the initial container(s) for a residential unit. One container will be suitable for solid waste, the other container will be suitable for recyclables. The owner of the residential unit shall be responsible for replacement of the container(s) for damage caused by misuse. The owner of any nonresidential property shall furnish or require the tenant thereof to furnish proper containers.
Illegal containers. Containers not approved, consisting of metal, pasteboard or plastic barrels and drums, wooden or cardboard barrels, wheelbarrows and other such containers not approved by this chapter, will not be emptied regardless of contents or weight.
Placement for collection.
Residential solid waste shall be accessible to collection crews. The occupants of the residential unit shall place residential solid waste in approved containers immediately behind the curb of the public street for collection. 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(s) shall either shovel out an area behind the curb in which to place their wastes or shall place it in their driveway. Solid waste or other items not completely placed within a container will not be collected. Should collection crews be unable to discharge contents into collection vehicles using normal handling procedures, the refuse will be left at curb side. The owner shall make provisions to ensure that the solid waste therein can be collected on the next collection day and be removed from the curb until the next collection day. Collection crews will not empty garbage cans by means other than dumping.
No containers 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.
Restriction on time and placement.
Receptacles and containers for refuse and rubbish shall be placed in collection locations as designated in Subsection A above prior to 7:00 a.m. of the scheduled collection day, but not more than 24 hours prior to such time.
All receptacles and containers for refuse and solid waste disposal shall be removed from the curbside collection point within 24 hours after the regular collection time.
Village employees or employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
If the scheduled collection day has a holiday earlier in the week, the pickup day will be the day after the regularly scheduled date.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
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.
Ashes. It shall be unlawful to place ashes for collections.
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 chapter.
Compliance with chapter. 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 chapter.
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.
Interference with authorized collector. No person other than an authorized collector shall collect or interfere with any garbage after it has been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any person molest, hinder, delay or in any manner interfere with an authorized garbage collector in the discharge of his duties.
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.
Private dumps. It shall be unlawful for any person to use or operate a dump.
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.
Noncollectible materials. It shall be unlawful for any person to place for collection any of the following wastes:
Hospital wastes. It shall be unlawful for any person to place for collection any pathogenic hospital wastes.
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 solid waste, 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 Fredonia.
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.
Mandatory recycling. The owners or occupants of each residence, residential unit, place of business, or commerce shall cooperate in the recycling of recyclable material by performing the acts set forth in this section.
Recycling requirements. All recyclable materials shall be separated from garbage.
Yard waste. Yard waste shall be disposed of at the Village collection site for yard waste. Bags shall be emptied and removed from the site. The Village recommends that grass clippings remain on the lawn for use as fertilizer.
Collection of recyclable materials. Collection of recyclable materials will be the same day as refuse collection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Recyclable material property of Village. All recyclable material deposited curbside as provided herein shall be the property of the Village or of its designee.
Refusal to pick up nonconforming solid waste. The Village or its contractor shall refuse to pick up any solid-waste containing recyclable material.
Notification of tenants.
Owners or designated agents of multifamily dwellings shall notify tenants, in writing, at the time of renting or leasing the dwelling, and at least semiannually thereafter, about the recycling program.
Owners or designated agents of businesses and other nonresidential facilities shall notify, in writing, at least semiannually, all users, tenants and occupants of the properties about the recycling program.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any of the provisions of this chapter or rules or regulations of the Village shall be punishable as set forth in § 1-4, the general penalty of the Code, and by fines in accordance with the Village's Schedule of Forfeitures.
Editor's Note: The Schedule of Forfeitures is on file in the Village office.