City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
CURBSIDE PICKUP
Recyclable and nonrecyclable items collected which are set out within five feet of either a street curb or from a roadway on a curbless street.
GARBAGE CONTRACTOR
A person, firm, corporation or entity who collects garbage, rubbish or waste materials for hire in the City.
HOUSEHOLDS
Dwellings of one or more families having curbside pickup and collection service.
RECYCLABLE MATERIALS
Materials which are deemed by the County of Waukesha multi-material recycling facility to be recyclable.
RECYCLING CONTAINERS
Only those approved by the Director of Utilities and Streets Operations for the City.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
A. 
No homeowner or apartment dweller shall:
(1) 
Fail to separate recyclables from nonrecyclable materials.
(2) 
Use a container for recyclables other than that defined in § 220-4 for dwellings of four units or less.
B. 
Nothing in this article shall be construed as requiring any person to utilize or accept the drive-up recycling service provided by a garbage contractor.
A. 
No person may haul for profit any garbage, rubbish, waste material or recyclable materials unless licensed by the City. Such person serving as a garbage contractor shall provide recycling service to its customers for all curbside collection which will include recyclable materials to be picked up on the same day as the garbage contractor's regular pickup or the garbage contractor shall subcontract with a registered garbage contractor to provide the recycling pickup service to its customers pursuant to this article. Nothing in this article shall be construed to limit curbside collection service to single-family households.
B. 
Licensing applications and licenses shall be on forms prepared and furnished by the City Clerk and shall set forth the name and address of the applicant, description of vehicles used and such other information as may be required by the Clerk or the City Council. The license period shall be from January 1 to December 31 each year. License fees shall be as set by the Common Council, plus a fee for the second and each additional collection vehicle operated by the garbage contractor in the City.
C. 
Recycling containers as described in § 220-4 shall be the required receptacle for collection of recyclables in households, except for apartments with more than four units.
D. 
Garbage contractors shall not operate between the hours of 7:00 p.m. and 6:30 a.m. and shall not operate on Sundays.
[Amended 3-24-2015 by Ord. No. 2541]
E. 
Garbage contractors may charge a variable rate which uses as a factor the volume of garbage set out for pickup after all recyclables have been segregated. The amount of the charge, which shall increase based on volume, shall be the prerogative of the garbage contractor, so long as a cost differential based on volume exists.
F. 
It shall be the right of any contractor to refuse to pick up trash or recyclables not properly separated. This garbage shall be removed from the set-out location by the person who put the unseparated materials out for pickup.
G. 
The garbage contractors shall collect and keep newspapers and other recyclable materials separate from nonrecyclable materials. Recyclables picked up in a commingled fashion shall, along with newspapers, be delivered to the Waukesha County multi-material recycling facility.
H. 
Garbage contractors shall keep records of the garbage, by tons or cubic yards, dumped at landfills and report the same to the Director of Utilities and Streets Operations every three months.
[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
I. 
Contractors shall offer the collection of leaves, grass, plant debris, brush or other yard wastes as a service subject to the rules which are on file in the office of the City Clerk and may charge an additional fee for this service. However, no such materials may be dumped in the City's recycling center or at a landfill.
J. 
Each vehicle shall have a hauling body with closed joints to prevent the dripping or leakage of liquid or debris and with adequate means to cover and keep the material securely within the hauling body. Each vehicle shall be kept well painted, clean and in good repair and reasonably free from odors. The vehicle shall bear the name and address of the owner and shall prominently display the number of the license issued by the City.
K. 
Collectors shall so far as possible transfer the contents of all containers into their vehicles without spilling the contents on driveways, walks, yards or streets, shall clean up all of such contents as may be spilled during collection and shall completely empty containers and replace lids.
L. 
Licenses may be suspended and revoked for violations of this article or other applicable laws or ordinances after a public hearing by the City Council with at least 10 days' written notice thereof being given the licensee.
M. 
Disposal of recyclables. All recyclables collected in the City shall be delivered to a site approved by Waukesha County.
[Added 12-9-2014 by Ord. No. 2534]
Recyclables placed at the curb in recycling containers for collection shall remain the property of the householder until such time as the garbage contractor or its authorized agent shall take possession of the recyclables. No person unauthorized by the householder or recycling collector shall collect or cause to be collected any such items.
A. 
No person shall dump or permit to be dumped any unauthorized waste materials at any time, yard waste or recyclable materials at a City-operated recycling center other than during the hours that the recycling center is in operation and only in such locations as the materials are permitted to be placed.
B. 
No person driving a truck larger than 3/4 ton or pulling a trailer larger than 3/4 ton capacity shall dump yard waste or limbs of trees at a City-operated recycling center.
C. 
Any person using a City-operated compost/recycling center shall be a City resident and show proper identification upon request.
This article shall be applicable only to single-family, condominium and apartment dwellings. It shall become effective respecting single-family homes, condominiums and apartments of four or fewer units on April 1, 1992, and shall be effective for all other apartment buildings containing more than four units on June 1, 1992.