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Village of Whitefish Bay, WI
Milwaukee County
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[Adopted by Ord. No. 1762 (Sec. 15.12 of the Codification)]
No person or business leasing to or from another, emptying, transporting or removing large waste receptacles ("receptacles") are to place or allow for placement of receptacles in any public right-of-way (street, alley, highway, sidewalk, or any other public way) within the Village without first obtaining a permit from the Village.
As used in this article, the following terms shall have the meanings indicated:
A container larger than 96 gallons in volume placed outdoors and designed to receive, transport, or dump waste, including but not limited to household, construction, demolition debris and landscaping waste.
Applications for large waste receptacle permits shall be obtained from the Village. Each owner of such receptacle or of the property served, and each person engaged in the business of leasing, emptying, transporting, or removing said receptacles as well as the owner of the property served shall be jointly shall be jointly and severally responsible to fill out a separate application for each receptacle, and said permit shall be valid for the period of time specified thereon not to exceed 30 days. Written extensions for an additional 30 days may be granted, for good cause shown, by the Village Manager.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
The permit fee for each receptacle placed within the Village is as set from time to time by the Village Board for the following:
Regular permit - allowed for 30 days.
First extension - allowed for another 30 days.
Final extension - allowed for another 30 days.
The applicant will be responsible for the following with regard to placement:
Barricades. The applicant will provide for the placement of two lit barricades on either end for receptacles placed in the street or alley.
Location and maintenance. It shall be the responsibility of both the entity that owns the receptacle and the applicant to ensure safe and legal placement and maintenance of the receptacle, in accordance with this article.
General prohibitions on placement. The location of the receptacles shall not:
Block any building's means of ingress or egress.
Block any fire lanes, handicap spaces, hydrant, of pedestrian walkways.
Be within 50 feet of any intersection.
Block any bus stop.
Obstruct a driver's view of traffic signs or signals.
Receptacles may not be placed on or nearby to service any single property for longer than 90 days in any twelve-month period.
The Building Inspector, Public works Director, Police Chief or their designees may deny a permit if he/she determines that the proposed location of the receptacle in a street or public right-of-way restricts traffic conditions or public safety response.
Upon approval of the application, payment of the permit fee, and the filing or completion of all additional requirements, the following requirements shall be observed and enforced throughout the duration of the receptacle's use.
All receptacles shall exhibit a clear and legible demarcation of owner of the receptacle, contact information, address and a contact phone number.
All receptacles located on private property do not require a permit but are still subjected to the conditions established in §§ 15-44 and 15-45.
All project sites shall be free of all loose debris such as cans, metal, plastic, paper, scrap lumber, drywall, demolition debris, and other materials commonly found on construction-related sites.
All receptacles shall be delivered or emptied in a timely fashion so as to prevent the overflow of debris or litter, and only between the hours of 7:00 a.m. and 8:00 p.m.
The Village Manager or his/her authorized designee shall have the right to grant exceptions to this article on a case-by-case basis where such exception does not threaten the quiet enjoyment or health, safety, and welfare of the public at large.
The holder of any receptacle permit shall by the terms of the permit assume all risk of bodily injury or property damage to the permit holder and any/all third parties and indemnify and hold the Village harmless against any and all claims, suits, or demands of any kind whatsoever which arise directly or indirectly, in whole or in part, from the placement, use, maintenance or transport of the receptacle.