[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as Ch. 13
of the 1994 Code; amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. II). Subsequent amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Clean, woody vegetative material less than six inches in
diameter generated only in yards and gardens, not including stumps,
roots or shrubs with intact root balls.
May apply to either the day the Village of Johnson Creek
Department of Public Works employees shall pick up compost and/or
brush or the day the waste hauler designated by the Village Board
shall pick up garbage and recycling Village-wide.
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from ground
level throughout its entire height.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Putrescible animal and vegetable wastes or other discarded
materials resulting from the handling, preparation, cooking and consumption
of food.
A solid waste disposal facility in which solid waste is placed
in thin layers onto the surface of the land or incorporated into the
surface layers of the soil.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
furnace, boiler, dehumidifier, water heater or stove.
The Village of Johnson Creek.
Includes any individual, corporation, limited liability company,
partnership, association, local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.
Material waste for which there exists a commercially demonstrated
processing and manufacturing technology which uses the material as
a raw material. This term shall include the nature and extent of recyclable
materials as that term may be defined in any contract entered into
between the Village and a private waste hauler.
The leafless underground part of a seed plant.
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, bedding and crockery.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
Has the meaning given in § 289.01(33), Wis. Stats.
Has the meaning given in § 289.01(34), Wis. Stats.
Has the meaning given in § 289.01(35), Wis. Stats.
Has the meaning given in § 289.01(38), Wis. Stats.
Has the meaning given in § 289.01(39), Wis. Stats.
Any woody plant normally having one stem or trunk bearing
foliage or crown well above ground level to heights of 16 feet or
more.
Leaves, grass clippings, yard and garden debris and brush,
including clean, woodsy vegetative material no longer than 24 inches
in length. This term does not include stumps, roots or shrubs with
intact root balls.
A.
Batteries, major appliances and oil. No person may:
(1)
Dispose of a lead acid battery or a major appliance
in a solid waste disposal facility in this state, except that a person
may dispose of a microwave oven in a solid waste disposal facility
in this state if the capacitor has been removed and disposed of in
accordance with § 299.45(7), Wis. Stats., if applicable.
(2)
Burn a lead acid battery or a major appliance in a
solid waste treatment facility in this state.
(3)
Dispose of waste oil in a solid waste disposal facility
or burn waste oil without energy recovery in a solid waste treatment
facility in this state.
B.
Yard waste. Beginning on January 3, 1993, no person
may dispose of yard waste in a solid waste disposal facility, except
in a land-spreading facility approved in accordance with Ch. 289,
Wis. Stats., or burn yard waste without energy recovery in a solid
waste facility in this state.
C.
General disposal restrictions. Beginning on January
1, 1995, no person may dispose of in a solid waste disposal facility
or burn without energy recovery in a solid waste treatment facility
in this state any of the following:
(1)
An aluminum container.
(2)
Corrugated paper or other container board.
(3)
Foam polystyrene packaging.
(4)
A glass container.
(5)
A magazine or other material printed on similar paper.
(6)
A newspaper or other material printed on newsprint.
(7)
Office paper.
(8)
A plastic container.
(9)
A steel container.
(10)
A waste tire, as defined in § 289.55(1)(c),
Wis. Stats.
(11)
A container for carbonated or malt beverages that
is primarily made of a combination of steel and aluminum.
After December 1, 1990, no person may discharge,
deposit, inject, dump or place in a solid waste facility that is for
solid waste treatment or for solid waste storage yard waste that is
in a bag unless the bag is constructed of a material that decomposes
within a reasonable time after exposure to weather elements and is
labeled as being so constructed.
The Village has contracted with a private company
to collect and haul its garbage, rubbish and recyclables, and this
system shall be the exclusive method of public collection and hauling
except for special collections authorized by the Village Board.
Chapter 134, Fire Prevention, and Chapter 177, Nuisances, of this Code include various sections which restrict the placement, burning, and disposition of garbage, trash, and other matters, and Chapter 228, Water and Sewers, contains restrictions concerning the use of sewers for garbage, trash, and other matters, and these applicable sections shall apply.
A.
Purpose. This purpose of this section is to require
the removal of garbage, rubbish and recyclable materials from all
properties within the Village and to provide for the collection thereof.
The accumulation of garbage and rubbish is a public nuisance, and
utilization of limited landfill sites for recyclable materials is
contrary to the public interest.
B.
Special charge. Pursuant to § 66.0405, Wis.
Stats., the Village Board shall from time to time by motion or resolution
establish a special charge for the collection of garbage, rubbish
and recyclable materials, which special charge shall apply to all
improved residential properties consisting of not more than four residential
units. All classes of properties other than residential properties
shall contract separately for the removal and disposal of garbage,
rubbish and recyclable materials. This section shall apply to residential
units included in a building containing a nonresidential use, but
not as to those portions of a building which are devoted to nonresidential
uses.
C.
Time and manner of placing containers. Refuse and
recycling containers shall be placed at the point of collection by
the owner, tenant, lessee or occupant of the premises not more than
24 hours preceding the normal collection day. The person so placing
the containers shall be familiar with the collection schedule and
the point of collection as designated by the Village Board and waste
hauler and shall place and remove containers so that a neat and orderly
appearance will be maintained. In the event the point of collection
is at or near a roadway, the containers shall be placed so that they
are not in the travel portion of the roadway and do not interfere
with the use of the roadway.
D.
Recycling program. Effective January 1, 1992, recyclable
materials, as that term is defined herein, shall be separated from
garbage and rubbish so as to reduce the amount of solid waste to be
disposed of and at the same time reduce the financial burden of solid
waste disposal. Recyclable materials will be separated into designated
containers and placed at the point of collection by residents for
collection by an authorized agent of the Village. If designated recycling
containers are purchased by the Village, they shall remain the property
of the Village. Containers which are lost, damaged or removed from
the property shall be replaced by the property owner at the expense
of the property owner. The cost of such replacement shall be established
by the Village Board from time to time. The Village will bill the
property owner for the cost of the replacement of the containers,
and in the event that the property owner fails to pay the bill the
cost thereof shall be placed on the property tax roll.
E.
Ownership of recyclable materials. From and after
the time of placement of recyclable materials at the point of collection,
items shall become the property of the Village or its authorized hauling
agent. No person shall collect or cause to be collected any such items
during the period commencing 24 hours preceding a day designated for
collection of recyclable materials.
F.
Restrictions on items included in garbage and rubbish
collection. No person shall place in any container designated for
garbage or rubbish collection or in any container designated for placement
of recyclable materials any building materials, board lumber, carpet,
auto parts, tires, automotive batteries, waste oil, landscape timbers,
piers, rocks, dirt, concrete, drywall, plaster, siding, windows, doors,
cabinets, sinks, bathtubs, toilet bowls, basins, etc., any white goods,
hazardous or toxic materials as defined in the Wisconsin Department
of Natural Resources Administrative Code, any yard waste, leaves,
grass clippings or branches or any other items which may be designated
by the Village Board from time to time.
G.
Nonresidential properties. Effective January 1, 1995,
all nonresidential properties shall separate and segregate all garbage,
rubbish, and recyclable materials, as those terms are defined in this
chapter. All garbage and rubbish shall be collected and placed in
containers designated for that purpose. All recyclable materials shall
be collected and disposed of in accordance with the provisions of
this chapter and all applicable state and governmental regulations.
The cost of segregating garbage, rubbish, and recyclable materials
and disposing of the same in accordance with the terms of this chapter
shall be the responsibility of the property owner. All garbage, rubbish,
and recyclable materials, after separation and segregation as required
herein, shall be placed at curbside for collection.
A.
B.
Return trips. There will be no return trips for collection.
C.
Root disposal. If not otherwise used, given away or
sold, residents shall take roots to the Village compost site for disposal
or place them on the curb by 6:00 a.m. on the appropriate collection
day.
D.
Brush disposal.
(1)
If not otherwise used, given away or sold, residents
shall place all brush at the curb with the cut ends of limbs facing
in one direction. Limbs must be cut small enough for one person to
handle and not be shorter than 24 inches in length and not larger
than six inches in diameter.
(2)
Tree, shrub and evergreen branches resulting from
pruning or trimming and branches that have fallen from trees naturally
may be left for collection.
(3)
The Village will collect brush up to six inches in
diameter from storm-damaged trees. However, notice by the resident
shall be given to the Department of Public Works Supervisor or his
designee if the brush will be placed at the curb more than three days
after the storm.
(4)
The Village will not collect brush which has been
cut by any tree trimming contractor as part of a commercial operation.
(5)
Upon
obtaining an access card as provided in § 205-8J., residents
may dispose at the Village's compost center brush less than six inches
in diameter that originates on the property for which an access card
was issued.
[Added 1-24-2022 by Ord. No. 02-22]
E.
Yard waste disposal. All yard waste, excluding brush,
unless adequately composted on site, shall be taken to the Village
compost site for disposal or placed in biodegradable bags (no garbage
bags) or open reusable containers, not weighing more than 35 pounds
when filled, for collection.
F.
Collection service provided. The removal and disposal
services described in this section shall be provided for Village of
Johnson Creek residents only.
G.
Time for placement. All compost and brush must be
out by the curb before 6:00 a.m.
H.
Violation time table. Residents will have seven days
to make arrangements for removal and another seven days to remove
brush or compost rejected on the collection day.
I.
Inspections. The Village reserves the right to inspect
any property to verify compliance with the terms of this section.
J.
Dumping at compost center. Effective June 1, 2022,
Village of Johnson Creek residents shall obtain an access card (or
code or other device) in order to enter the Village compost center
for disposing of certain brush and yard waste.
[Amended 3-23-2015 by Ord. No. 6-15; 1-24-2022 by Ord. No. 02-22]
(1)
In
order to obtain an access card, residents shall complete and submit
the required form to the Village Clerk/Treasurer and pay the required
issuing fee. Only one access card may be issued to a household located
in the Village.
(2)
The
issuing fee for the access card shall be set by the Village Board
in the Village Fee Schedule, as amended from time to time by resolution
of the Village Board.
(3)
A replacement
access card will only be provided to a resident upon payment of the
issuing fee.
(4)
Use
of an access card by a person not residing in the household in which
an access card was issued is prohibited.
(5)
Disposal
of yard waste and brush less than six inches in diameter is only permitted
at the compost center if a resident has validly obtained an access
card and such yard waste and brush originates on the property for
which an access card was issued. All other disposal of yard waste
and brush is prohibited.
(6)
No
garbage, rubbish, recyclable materials or other unauthorized materials
may be left or deposited at the compost center.
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 Johnson Creek.
Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 60-1 of this Code.
