Chapter 1 Health
and Sanitation
Chapter 2 Pollution
Abatement
Chapter 3 Refuse
Disposal and Collection
Chapter 4 Food
Establishment Licensing, Rules and Regulations
Chapter 5 Recycling
8.1.1 definitions
8.1.2 General
provisions
8.1.3 authority
8.1.4 purpose and intent
8.1.5 jurisdiction
8.1.6 compliance
8.1.7 severability
and repeal
8.1.8 administration
8.1.9 human
health hazard/public nuisance
8.1.10 designation
of dwelling as a human health hazard
8.1.11 regulation
of public and
8.1.12 Connection to Municipal Water
Supply
8.1.13 Cross-Connection
Control
8.1.14 Private
Well Abandonment
8.1.15 Rodent
Control
8.1.16 Composting
8.1.17 ENFORCEMENT
8.1.18 PENALTY
8.1.19 Appeal
(a) City. The City
of
(b) Composting. The
process of decaying organic matter, such as leaves, garden debris, and grass
clippings, in a confined area out of public view, in a manner specified by the
Health Officer or designee.
(c) Director of Inspections. The Director of Inspections of the City of
(d) Groundwater. All water found beneath the surface of the city/village located in sand, gravel, lime rock, or sandstone geological formations or any combination of these formations.
(e) Health Officer. Public health professional responsible for environmental sanitation.
(f) Human Health Hazard. A substance, activity, or condition that is known to have potential to cause acute or chronic illness or death if exposure to the substance, activity, or condition is not abated.
(g) Immediate Health Hazard. A condition which exists or has the potential to exist which should, in the opinion of the Health Officer or designee, be abated or corrected immediately, or at least with a 24 - hour period, to prevent possible severe damage to human health and/or the environment.
(h) Noxious Weeds. Includes any weed, grass or similar plant growth which, if allowed to pollinate, would cause or produce hayfever in human beings or would cause a skin rash through contact with the skin. Noxious weeds and grasses, as defined in this Section shall include but not be limited to the following:
Cirsium Arvense (Canada Thistle)
Ambrosia artemisiifolia (Common Ragweed)
Ambrosia trifida (Great Ragweed)
Euphorbia esula (Leafy Spurge)
Convolvulus arvensis (Creeping Jenny) (Field Bind Weed)
Tragopogon dubius (Goat's Beard)
Rhus radicans (Poison Ivy)
Cirsium vulgaries (Bull Thistle)
Pastinaca sativa (Wild Parsnip)
Arctium minus (Burdock)
Xanthium strumarium (Cocklebur)
Amaranthus retroflexus (Pigweed)
Chenopodium album (Common Lambsquarter)
Rumex Crispus (Curled Dock)
Cannabis sativa (Hemp)
Plantago lancellata (English Plantain)
Agrostia alba (Redtop)
Dactylis glomerata (Orchard)
Phleum pratensis (Timothy)
Sorghum halepense (Johnson)
(i) Ordinance. The “City/Village Human Health Hazard and Public Health Nuisance Ordinance.”
(j) Owner. A person who has legal title to a structure, building, or dwelling or a person who has charge, care or control of a dwelling or unit of a dwelling as a tenant, occupant or as an agent of or as executor, administrator, trustee, or guardian of the estate of a person under this paragraph.
(k) Person. Any individual, firm, corporation, partnership, or any other group acting as a unit.
(l) Placard. To affix a written notice to the main entrance of a dwelling stating that the dwelling has been declared unfit for human habitation.
(m) Pollution. The contaminating or rendering unclean or impure the air, land, or waters of the city/village, or making the same injurious to public health, harmful for commercial or recreational use or deleterious to fish, bird, animal, or plant life.
(n) Public Health Nuisance. A thing, act, occupation, condition or use of property which shall continue for such length of time as to substantially injure or endanger the comfort, health, repose or safety of the public or in any way render the public insecure in life or in the use of property.
(o) Solid Waste. Garbage, refuse, and all other discarded or salvageable solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operational and from domestic use and public service activities, but not including solids or dissolved material in waste water effluent or other common water pollutants.
(p) State. State of
(q) Structure or building. A building or structure having walls and a roof erected or set upon an individual foundation or slab constructed base designed or used for the housing, shelter, enclosure, or support of persons, animals or property of any kind, including mobile homes.
(r) Toxic and Hazardous Materials. Any chemical and/or biological material that is or has the potential to create a human health hazard.
(s) Village. The villages of Bayside, Brown Deer, Fox Point, and River Hills.
(a) Title. This ordinance shall be referred to as the “City/Village Human Health Hazard and Public Health Nuisance Ordinance.”
(b) Effective Date. This ordinance shall be effective upon passage and publication.
(c) Appointment.
The City/Village Health Officer, as from time-to-time appointed by the
North Shore Board of Health, shall be the Director of the
(d) Administration. This ordinance shall be administered by the Health Officer or designee. The Health Officer or designee shall have the power to insure compliance with the intent and purpose of this ordinance by any means possible under the law.
(e) Interpretation. The provisions of this ordinance shall be
interpreted to be minimum requirements and shall be liberally construed in
favor of the City/Village and shall not be deemed a limitation or repeal of any
power granted by the Wisconsin Statutes.
This ordinance is adopted
pursuant to the authority granted by Sections 251 and 254 of the Wisconsin
Statutes.
(a) General Provisions. The purpose and intent of this ordinance is to protect the public health, safety, and general welfare and to maintain and protect the environment for the people and communities of the City/Village and to:
(1) Prevent communicable diseases.
(2) Prevent the continuance of human health hazards or public health nuisances.
(3) Assure that City/Village and State air quality standards are complied with.
(4) Assure that insects and rodents do not create human health hazards.
(5) Assure that surface and groundwater meet City/Village and State standards and regulations.
(6) Assure that solid waste is handled, stored, and disposed of according to City/Village and State standards and regulations.
(7) Assure that citizens are protected from hazards, and unhealthy or unsafe substances.
(8) Provide for the administration and enforcement of this ordinance and to provide penalties for its violation.
The jurisdiction of this ordinance shall include all air, land, and water (both surface and ground) within the City/Village.
(a) Written Orders. Compliance with this ordinance shall include compliance to written orders issued under this ordinance or State Health Laws by the City/Village Health Officer or the City Director of Inspections, or their designee to abate and/or correct a human health hazard or bring any other situation or condition in noncompliance with ordinance into compliance.
(b) Noncompliance. Noncompliance with the ordinance and/or with a written order from the Health Officer shall be cause for enforcement action under subsection 8.1.17.
(a) Severability. Each section, paragraph, sentence, clause, word, and provision of this ordinance is severable and if any provisions shall be held unconstitutional or invalid for any reason such decisions shall not affect the remainder of the ordinance nor any part thereof other than that affected by such decision.
(b) Repeal. All other ordinances or parts of ordinances of the City/Village inconsistent or conflicting with this ordinance to the extent of the inconsistency only, are hereby repealed.
(a) General Provisions. The Public Health Ordinance shall be interpreted, administered, and enforced by the City/Village Health Officer.
(b) Rules and Regulations. The Board of Health may make reasonable and general rules for the enforcement of the provisions of this Title and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in this Code.
(c) Powers. The Health Officer, Director of Inspections, or designee shall have all the powers necessary to enforce the provisions of this code without limitation by reasoning of enumeration including the following:
(1) To enter any structure or premise at a reasonable time for the purpose of performing duties under this ordinance and to secure a court order to accomplish this purpose if necessary.
(2) To order abatement and/or corrections of any human health hazard/public nuisance in compliance with this ordinance or State Statutes. This includes the power to direct any bedding, clothing, food, vegetables, putrid or unsound meat, poultry, fish, hides or skins of any kind or any other article found within said City which, in his/her opinion, may be dangerous to the health of the inhabitants thereof to be destroyed or buried. He/she may employ such persons as he/she may deem proper to remove or destroy said infected article.
(3) To delegate the responsibilities of administration and enforcement of this ordinance to a registered environmental health sanitarian or other person qualified in the field of public health.
(4) To initiate any other action authorized under the law or this ordinance to insure compliance with the purpose and intent of this ordinance and requirement of this ordinance.
(a) Human Health Hazard/Public Health Nuisances prohibited. No person shall erect, construct, cause, continue, maintain, or permit any human health hazard/public health nuisance within the City/Village. Any person who shall in any way, aid, or contribute to the causing, creating, or maintenance thereof shall be guilty of a violation of this section, and shall be liable for all costs and expenses attendant upon the removal and correction of such human hazard/public nuisance and to the penalty provided in Section 8.1.17.
(b) Responsibility of Property Owner. It shall be the responsibility of the property owner to maintain such owner’s property in a hazard-free manner and also to be responsible for the abatement and/or correction of any human health hazard/public nuisance that has been determined to exist on their property.
(c) Human Health Hazard Enumerated. Specifically, but not limited by enumeration, the following are human health hazards if determined to meet the Human Health Hazard definition.
(1) Unburied Carcasses. Carcasses of animals, birds, or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(2) Manure. Accumulations of the bodily waste of all domestic animals and fowl that are handled, stored, or disposed of in a manner that creates a human health hazard.
(3) Air Pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gasses, fly ash, or industrial dust within the City/Village or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
(4) Noxious Odors. Any use of property, substances, or things within the City/Village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia, or stenches extremely repulsive to the physical senses of ordinary persons that annoy, discomfort, injure, or inconvenience the health of any appreciable number of persons within the City/Village.
(5) Solid Waste. Any solid waste, which is stored or disposed of in a manner which may pose a human health hazard.
(6) Vermin/Insects. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats, or other vermin may breed. Also, all stagnant water in which mosquitoes, flies, or other insects can multiply as well as garbage cans that are not fly-tight.
(7) Toxic and Hazardous Material. Any chemical and/or biological material that is stored, used, or disposed of in such quantity or manner that it is, or has, the potential to create a human health hazard.
(8) Waste Water. The presence of waste water or sewage effluent from buildings on the ground surface, backing up into the building and/or running into a surface water body caused by a damaged, malfunctioning, improperly constructed, or inadequately maintained private sewage system or private sewage lateral. Also, any waste water or sewage effluent that is not handled and disposed of in compliance with all applicable City, Village, and State codes.
(9) Surface Water Pollution. The pollution of any stream, lake, or other body of surface water within the City or Village that creates noncompliance with Chs. NR 102 and NR 103 of the Wisconsin Administrative Code.
(10) Ground Water Pollution. Addition of any chemical and/or biological substance that would cause groundwater to be unpalatable or unfit for human consumption. An inclusive list of substances (substances are not limited to this list however) can be found in Ch. NR140 of the Wisconsin Administrative Code.
(11) Holes or Openings. All abandoned wells or openings in the ground not securely covered or secured from public access and use.
(12) Nonfunctional
(13) Rubbish. Trash, rubbish, and consumables in the form of garbage not fit for garbage disposals which are improperly stored or disposed of.
(14) Food Conditions. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
(15) Animals. Wild animals or wild animal hybrids kept as domestic pets within the City/Village limits.
(16) Other. Any other situation deemed by the Health Officer to meet the definition of a Human Health Hazard.
(d) Public Health Nuisances Enumerated. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances, but such enumerations shall not be construed to exclude other nuisances coming within the definition of 1.01(l).
(1) Composting, except when complying with the following:
a. Only one compost area shall be permitted per lot and shall be located in the rear or side yard and may not be nearer than 25 feet to any dwelling unit, nor nearer than 3 feet to any property line.
b. Such compost areas may not exceed 4 feet in height and 25 square feet.
c. No waste generated outside the property shall be permitted to be composted in any residential district.
d. Such shall be aerated and done in a manner that is accepted to create compost that is non-odorous to a reasonable person.
(2) Privy Vaults. No privy vaults or cesspools shall be constructed or maintained with the fire limits of the City/Village where sewers have been constructed.
(3) Bird Feeding. Feed for birds shall be placed in a covered hopper, gravity type feeder. Feed for the birds shall not be placed on the ground where it accessible to rodents or other animals. No more than 4 bird feeders shall be located on any premise.
(4) Animal Waste. Every animal owner shall dispose of the animal’s fecal matter and other waste in a sanitary manner as often as may be necessary to prevent any unwholesome accumulation of such matter and/or waste.
(5) Noxious Weeds.
All noxious weeds and other rank growth of vegetation.
(6) Exposure of Unwholesome Substances. No person shall put, place, or leave exposed
in any part of the City/Village any carcass, carrion, vegetable or putrescent
and unwholesome substance; any owner or occupant of any lot or tenement in the
city shall not permit any such substance to be on or remain upon said lot, or
in and about the tenement or between the same and center of the street
adjoining.
(7) Smoking. It shall be unlawful for any person to smoke or to carry any lighted cigar, pipe or cigarette in any motor bus, or in a building area, or any other place in the City of Glendale, where the owner or the person in charge thereof has caused to be displayed a sign reading "No Smoking m Municipal Ordinance." Such sign shall be placed so that it is clearly visible to the passengers of such bus or the occupants of such building area or place.
(8) Animals Excluded From Food Handling Establishments. No person shall take or permit to remain any dog, cat or other live animal on or upon any premises where food is sold, offered for sale or processed for consumption by the general public. Fish tanks and dogs serving persons visually or hearing handicapped are exempt from this prohibition.
(9) Draining onto Highway. If anyone constructs any drain, pipe, sewer or other outlet in such manner that it discharges onto a public highway infectious or noxious matter or permits a water closet to drain onto a public highway, the Board of Health or its authorized agent shall order the person, owner or occupant maintaining said outlet to remove it within ten (10) days. If said person fails to do so, he/she shall be subject, upon conviction, to a forfeiture as provided in Section 1.1.7. The Board of Health or its agent may enter upon the premises and cause the removal of and destruction of said outlet and may charge the cost thereof to the property owner as a special charge pursuant to Sec. 66.0703, Wis. Stats.
(10) Natural Landscaping.
a. Defined. Natural landscaping as used in this Section is the planting of forbs, grasses, and wildflowers native to the Wisconsin area, including plants of the woodlands, prairies, bogs, fens, and wetlands, which are designed and purposely cultivated to exceed eight (8) inches in height. Maintenance of natural landscaping requires the exclusion of Eurasian weeds and specifically prohibited from inclusion in a natural landscape are the noxious grasses and weeds identified in Section 8.1.6 of this Chapter. Maintenance of natural landscaping requires that a defined and regulated boundary be maintained between the natural landscape and lawn areas.
b. Natural Landscaping Setback Requirements. Natural landscaping shall be set back no less than six (6) feet from the edge of any roadway, or no less than six (6) feet from the inner edge of any sidewalk, whichever setback is greater. No natural landscaping shall be allowed between sidewalk and street areas. Notwithstanding the provisions of this Section, no natural landscaping may be permitted which obstructs vehicular traffic or pedestrian visibility so as to present an unreasonable risk to public safety. There is no prescribed setback from the periphery of adjoining properties. Such determination shall be made in the discretion of the Director of Inspections.
c. Safety Precautions
for Natural Landscaping Areas. When,
in the opinion of the Fire Chief, the presence of a natural landscaping area
may constitute a fire or safety hazard due to weather and/or other conditions,
the Fire Chief may order the cutting or restoration of the natural landscaping
area to a safe condition. The
determination of the Fire Chief shall not be subject to administrative review
by any administrative body of the City of
d. Prohibitions. In addition to such prohibitions as set forth in Section 8.1.9 d 10 (a) of the Glendale Code, a natural landscaping area is prohibited from encroachment on neighboring property. Neglect of a natural landscaping area shall be subject to corrective order by the Director of Inspections. The City reserves all enforcement mechanisms as set forth in Section 1.1.7, the General Penalty Section. The City reserves the right to abate violations of this Section after ten (10) days from date of written notice to the owner of the lot or parcel of land to conform with this Section.
e. Natural Landscaping Advisory Committee. There is hereby created a Natural Landscaping Advisory Committee, the composition of which shall be as from time to time determined by the Common Council. Appointments to such committee shall be by the Mayor, for such terms as set in the discretion of the Mayor, and subject to confirmation by the Common Council. Except as to orders of the Fire Chief pertaining to safety, all issues relating to setback, maintenance and enforcement may be reviewed by the Committee at the request of the property owner within ten (10) days from the date of any notice or order. The determinations of the Committee shall be advisory in nature only, and shall not serve as to bar prosecution of an alleged violation of this Chapter in the municipal court.
(11) Lawn, Grasses, and Weeds.
a. Purpose. This Section is adopted due to the unique nature of the problems associated with lawns, grasses and weeds being allowed to grow to excessive length in the City.
b. Public Nuisance Declared. The Common Council finds that lawns, grasses
and weeds on lots or parcels of land which exceed eight (8) inches in length
adversely affect the public health and safety of the public in that they tend
to emit pollen and other discomforting bits of plants, constitute a fire hazard
and a safety hazard in that debris can be hidden in the grass, interferes with
the public convenience and adversely affects property values of other land
within the City. For that reason, any
lawn, grass or weed on a lot or other parcel of land which exceeds eight (8)
inches in length is hereby declared to be a public nuisance, except for
property located in a designated wetland or conservancy zoned area, or where
grasses are part of a landscaping area.
c. Nuisances Prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection (b) above to remain on any premises owned or controlled by him/her within the City.
d. Abatement of Nuisance.
1. If the Enforcement Officer shall determine with reasonable certainty that any public nuisance as defined in Subsection (b) above exists, he/she shall cause written notice to the owner of the lot or parcel of land to abate the nuisance within five (5) days from date of notice, to conform with this Section and Section 8.1.6.
2. The notice shall include the City's option to abate the nuisance as per Subsection (e) after five (5) days from date of notice.
e. City's Option to Abate Nuisance. In any case where the owner, occupant or person in charge of the property shall fall to cut his/her lawn, grasses or weed as set forth above, the City shall abate the nuisance with all associated expenses charged to and paid by such property owner.
f. Appeals. Any person aggrieved by an order of the
Enforcement Officer may, within five (5) days of the date of such order, appeal
to the Board of Appeals of the City of
(12) Miscellaneous. Failure to comply with any law or rule regarding sanitation and health, including, but not limited to:
a. Plumbing.
b. Water supplies, including wells, and surface water.
c. Waste Disposal.
d. Storage or use of chemical, pesticides, and herbicides or any other toxic substance.
(a) The Health Officer or designee may declare any dwelling or dwelling unit found to have any of the following defects a human health hazard. It shall be condemned as unfit for human habitation and shall be placarded by the Health Officer or designee.
(1) A dwelling which is so damaged, decayed, dilapidated, unsanitary, and unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or public.
(2) A dwelling which lacks a potable water supply, a properly functioning public or private sanitary sewer system, or a functioning heating system adequate to protect the health or safety of the occupant or public.
(3) A dwelling, because of its conditions, that has been implicated as the source of a confirmed case of lead poisoning or asbestosis.
(b) No person shall continue to occupy, rent or lease quarters for human habitation, which are declared unfit for human habitation by the Health Officer or designee.
(c) Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Health Officer or designee shall be vacated within a reasonable time, as specified by the Health Officer or designee.
(d) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and the placard is removed by, the Health Officer or designee. The Health Officer or designee shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated.
(e) No person shall deface or remove the placard from any dwelling or dwelling unit, which has been condemned as unfit for human habitation.
(f) Any person affected by any notice or order relating to the condemning or placarding of a dwelling or dwelling unit for human habitation may request and shall be granted a hearing in the matter before the designated Municipal body.
(a) Cleanliness. It shall be the duty of the owner or occupant and every person in charge of any public or quasi-public institution, dispensary, railroad station, office building, store, theater, restaurant, hotel, boarding or lodging house, factory, workshop or other building used in a public or quasi-public manner to keep the same in a clean and sanitary condition.
(b) Towels. All towels for the use of guests in any hotel, whether in their private rooms or in the public wash room, and all towels in public places or buildings, whether publicly or privately owned, as the State Board of Public Health may find the use of the common towel therein to be inimical to the public health shall be individual towels and, when used and discarded by the individual, shall not be used again until thoroughly washed and dried.
(c) Common Drinking Cups. It shall be unlawful for any person, firm or corporation to furnish, or permit the use of, a common drinking cup on railroad trains, in railroad stations, or other public buildings, on the streets or in the public parks, in the public, parochial or private schools or in other educational institutions, in hotels and lodging houses, theaters, department stores, barber shops or in such places or buildings in the City as the State Board of Health may find the use therein of a common drinking cup to be inimical to the public health.
All structures used or intended to be used for human habitation located upon a parcel of land abutting any public right-of-way or easement wherein is located a public water main shall be connected therewith in the manner prescribed by the Water Utility within six (6) months from the time water service from such main is available. The date water service is available in any particular water main shall be the date such availability is entered in the Water Utility records. Provided, however, where due to special conditions the literal enforcement of this Subsection will result in practical difficulties or unnecessary hardship and the public health will not be endangered and it will not be contrary to the public interest, an extension of time may be granted by the Water Utility upon application being made to it. Such application shall be made and filed in the office of the City Clerk by the owner of the property involved on a form provided for that purpose.
(a) Definition. A cross-connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
(b) Cross-connections Prohibited. No person, farm or corporation shall establish or permit to be established or maintain or permit to be maintained any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Water Utility and by the Wisconsin Department of Natural Resources in accordance with Section NR 811.09(2), Wis. Adm. Code.
(c) Inspections. It shall be the duty of the Water Utility to cause inspections to be made of all properties served by the public water system where cross-connections with the public water system is deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be as established by the Water Utility and as approved by the Wisconsin Department of Natural Resources. Industrial and commercial services shall be inspected for cross-connections every two (2) years in accordance with NR 811.09, Wis. Adm. Code, or as otherwise required by the Wisconsin Administrative Code, as may be amended from time to time.
(d) Right to Inspect. Upon presentation of credentials, the representative of the Water Utility shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the City for cross-connections. If entry is refused, such representative shall obtain a special inspection warrant under Sec. 66.0119, Wis. Stats. On request the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.
(e) Discontinuation of Service. The Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this Section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Chapter 68, Wis. Stats., except as provided in Subsection (f). Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this ordinance.
(f) Immediate Discontinuation. If it is determined by the Water Utility that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Water Utility of the City and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Chapter 68, Wis. Stats., within ten (10) days of such emergency discontinuance.
(g) Adoption of State
Plumbing Code. The City adopts by
reference the State Plumbing Code of Wisconsin being
(h) Supplementation of the State Plumbing Code and City Plumbing Code. This ordinance does not supersede the State Plumbing Code and City Plumbing Code, Sections 15.1.3 through 15.1.69, but is supplementary to them.
(a) Purpose. To protect public health, safety and welfare from illegal cross-connections with potentially unsafe wells, and also to prevent contamination of groundwater from serious hazards associated with unused, unsafe or non-complying wells, private wells shall be abandoned in accordance with this Section. Adoption of this Section is executed in accordance with Rules of Department of Natural Resources NR 811.10, Wis. Adm. Code.
(b) Coverage.
(1) All existing wells
located on any premises served by the municipal water system and which are
unused, unsafe, or fail to comply with NR 812, Wis. Adm. Code, shall be
permanently abandoned in accordance with the terms of this Section and NR 811,
Wis. Adm. Code. Only those wells for
which a well operation permit has been granted by the City of
(2) Existing wells for which a well operation permit has been issued shall be abandoned within thirty (30) days after the expiration or revocation of the well operation permit. All wells on private property undergoing City water conversion must be permitted within thirty (30) days after the final inspection of the conversion work or be abandoned.
(c) Methods. Wells to be abandoned shall be filled according to the methods as regulated by NR 812.26, Wis. Adm. Code. All debris, pumps, piping, unsealed liners, and any other obstructions must be removed prior to the filling of the well shaft. Well casings shall be cut off below grade. Interior basement well piping, and well floor drainage to ground shall be permanently sealed. All associated electrical and well equipment shall be removed.
(d) Reports. A State of Wisconsin Department of Natural
Resources Well Abandonment Report form must be submitted by the well owner to
the Department of Natural Resources, with a copy to the City of
(e) Well Operation Permits. A renewable permit may be granted to a
private well owner, automatically transferred to a subsequent owner if sale
occurs during a five (5) year permit, to operate a well for a period not to
exceed five (5) years providing all conditions of this Section are met. All initial and renewal applications must be
accompanied by a fee of Thirty-five Dollars ($35.00). The City of
(1) There is a demonstrated need for continued current use as determined by the Director of Public Works or City Engineer. "Demonstrated need" shall include all usual and customary uses of water from a private well, including and not limited to watering of vegetation and trees, filling of swimming pools and human consumption. The phrase "demonstrated need" shall be liberally interpreted to permit the retention of a private well when all of the other requirements of this Section are satisfied.
(2) The well and pump shall produce bacteriologically safe water, as evidenced by one (1) sample, testing negative for coliform bacteria. In areas where the Department of natural Resources has determined that groundwater aquifers are contaminated with substances other than bacteria, additional chemical tests may be required to document the safety of the water. The well owner shall be responsible for providing the safe sample test data with the permit application.
(3) A licensed well
contractor or pump installer must be hired by the well owner, at the owner's
expense, to inspect and certify the well on an inspection form provided by the
City of
(4) The well shall have a functioning pumping system.
(5) Well plumbing may not be
connected to any plumbing served by the
(6) The well water shall not discharge into the sanitary sewer system.
(7) The well is safe and in compliance with NR 812, Wis. Adm. Code.
(f) Penalties. Any well owner violating any provision of this Section shall upon conviction be punished by forfeiture of not less than Twenty-five Dollars ($25.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), plus the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this Section for more than thirty (30) days after receiving written notice of the violation, the City may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special charge against the property pursuant to Sec. 66.0703, Wis. Stats.
(a) Definitions. The following definitions shall be applicable in this Section:
(1) Owner or Manager. Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the City, as executor, administrator, trustee, guardian or agent, such person or persons shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this Section and shall be bound to comply with the provisions of this Section to the same extent as the owner, and notice to any such person of any order or decision of the Health Officer or his/her designee shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the owner or owners of such property, except that whenever an entire premises or building is occupied as a place of business, such as a store, factory, warehouse, rooming house, junk yard, lumber yard or any other business under a single management, the person, firm or corporation in charge of such business shall be considered the owner or manager.
(2) A Rodent-Proof Container shall be a container constructed of concrete or metal, or the container shall be lined with metal or other material that is impervious to rodents, and openings into the container such as doors shall be tight-fitting to prevent the entrance of rodents.
(3) Rodent-Proofing shall consist of closing openings in building foundations and openings under and around doors, windows, vents and other places which could provide means of entry for rodents, with concrete, sheet iron, hardware cloth or other types of rodent-proofing material approved by the City.
(4) Rodent Harborage shall mean any place where rodents can live and nest without fear of frequent molestation or disturbance.
(5) Hardware Cloth shall mean wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rodents.
(b) Elimination of Rodent Harborages. Whenever accumulations of rubbish, boxes, lumber, scrap metal, car bodies or any other materials provide rodent harborage, the person, firm or corporation owning or in control of such materials shall cause the materials to be removed or the materials shall be stored so as to eliminate the rodent harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground. When the owner of the materials cannot be found after a reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal, or proper piling, of the materials.
(c) Elimination of Rodent-Feeding Places. No person, firm or corporation shall place, or allow to accumulate, any materials that may serve as a food for rodents in a site accessible to rodents. Any waste material that may serve as food for rodents shall be stored in rodent-proof containers. Feed for birds shall be placed on raised platforms, or such feed shall be placed where it is not accessible to rodents.
(d) Extermination. Whenever rodent holes, burrows or other evidence of rodent infestation are found on any premises or in any building within the City, it shall be the duty of the owner or manager of such property to exterminate the rodents or to cause the rodents to be exterminated. Within ten (10) days after extermination, the owner or manager shall cause all of the rodent holes or burrows in the ground to be filled with earth or other suitable material.
(e) Rodent-Proofing. It shall be the duty of the owner or manager of any building in the City of Glendale to make such building reasonably rodent-proof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable material for preventing rodents from entering the building through such window openings.
(a) Purpose and Intent. The purpose of this Section is to promote the recycling of yard wastes and certain kitchen wastes through composting and to establish minimum standards for proper compost maintenance.
(b) Definitions. "Composting" shall mean the controlled biological reduction of organic waste to humus. Yard waste shall mean the organic waste produced from the growing, trimming, and removal of grass, branches (not exceeding 1" in diameter) bushes, shrubs, plants, leaves and garden debris. Kitchen waste shall be any uncooked plant matter not contaminated by or containing meat, fish and/or dairy products.
(c) Maintenance. All compost piles shall be maintained using approved composting procedures to comply with the following requirements:
(1) All compost piles shall be enclosed in a free standing compost bin. Each compost bin shall be no larger in volume than one hundred twenty-five (125) cubic feet, and shall be no taller than forty-two (42) inches.
(2) All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the City to proceed under Section 8.1.17.
(3) All compost bins shall be so maintained as to prevent unpleasant odors.
(4) No compost bin shall be allowed to deteriorate to such condition as to be a blighting influence on the surrounding property or neighborhood or City in general.
(5)
a. All compost bins shall be located not less than three (3) feet from a property line or principal building or dwelling and three (3) feet from any detached accessory building.
b. A variance from these setback requirements may be applied for if the property owner(s) can show a hardship exists which prohibits compliance. In addition, any variance application must include a signed written approval of the variance request from the adjacent property owner(s). Variances can be granted by the Building Inspector on an annual basis upon the proper application being submitted by the property owner(s). Screening and/or fencing of compost bins may be required as a condition of a variance being granted.
(6) No compost bin shall be located in any yard except a rear yard, as defined in Section 13.1.200(70). A compost bin may be located in a side yard as defined in Section 13.1.200(74) subject to the annual variance procedure contained in Subsections (c)(5)b and must be screened from view to the street.
(7) Those composting bins which existed prior to the adoption of this Section shall be given one (1) year to comply with the requirements set forth herein.
(d) Ingredients.
(1) No compost bin shall contain any of the following:
(a) Lakeweeds;
(b) Cooked food scraps of any kind or type;
(c) Fish, meat or other animal products;
(d) Manures;
(e) Large items that will impede the composting process.
(2) Permitted ingredients in a compost bin shall include the following:
(a) Yard waste;
(b) Coffee grounds and used tea leaves;
(c) Uncooked plant matter not contaminated by or containing meat, fish, and/or dairy products;
(d) Commercial compost additives.
(e) Owner Responsibility. Every owner or operator shall be responsible for maintaining all property under his or her control in accordance with the requirements of this Section.
(f) Penalty. Any person violating this Section shall be subject to a forfeiture of not less than Twenty-five Dollars ($25.00) or more than Five Hundred Dollars ($500.00). Each day such violation continues shall be considered a separate offense.
(a) Whenever the Health Officer or designee determines that a violation exists or has reasonable grounds to believe that there has been a violation of any provision of this section, or any rule or regulation adopted pursuant thereto, he/she shall issue the violator a written order to include:
1. a description of the real estate involved.
2. a statement of violations and corrective actions required.
3. a reasonable time limit for the performance of any corrective act required.
Such notice shall be served upon the owner, operator or occupant as the case may require, and may be served by certified mail or in the manner provided by Ch. 801, Wisconsin Statutes, for service of summons.
(b) Exception to Written Order. In cases where a violation poses an immediate health hazard to the public as determined by the Health Officer or designee, or in the case of repeating occurrences of the same violation by the same person, the Health Officer or designee can take all reasonable steps to abate the hazard without a written order. The cost of the abatement will be assessed to the property owner.
Except as otherwise specifically provided in this Code, and in addition thereto, violations of this Title shall be subject to the penalties as set forth in Section 1.1.7 of the Glendale Code of Ordinances.
Appeal from the determination or order of the Sanitarian, Director of Inspection Services, or action of any other City agent shall be taken in accordance with Title 4 of the Glendale Code of Ordinances.
8.2.1 Cleanup of Spilled or
Accidentally Discharged Wastes
8.2.2 Storage or Discharge of Waste or
Polluting Substances
(a) Cleanup Required. All persons, firms, or corporations delivering, hauling, disposing, storing, discharging or otherwise handling potentially polluting substances, solid or liquid, such as, but not limited to, the following: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch-basin wastes, oil or petroleum wastes, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing pollution to the lakes and streams under the jurisdiction of the City.
(b) Notification. Spills or accidental release of hazardous materials or pollutants at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible party or parties shall be immediately reported to the Police Department so that assistance can be given by the proper agency.
(c) Financial Liability. The party or parties responsible for the release, escape or discharge of wastes shall be held financially liable for the cost of any cleanup or attempted cleanup deemed necessary or desirable and undertaken by the City, or its designated agent, in an effort to minimize the pollutional effects of the discharged waste.
(d) Safety Standard. It is the legislative intent of these provisions to establish such standard of care as may reasonably protect the public health, welfare, property and safety from damages arising out of failure to comply with this Section.
It shall be unlawful for any person, firm or corporation to store, discharge, or accidentally spill any potentially polluting substances, or any materials as set forth in Section 8.2.1(a), unless such substances are stored in such manner as to securely prevent them from escaping onto the ground surface and/or into any street, sewer, ditch or drainage way, lake, or stream within the jurisdiction of the City. Violations of this Section shall be subject to penalty as provided in Section 1.1.7 of this Code of Ordinances.
8.3.1 Title;
Collection Service
8.3.2 Declaration
of Policy
8.3.3 Definitions
8.3.4 Refuse
Storage Areas
8.3.5 Approved
Waste and Refuse Containers
8.3.6 Collection
of Refuse
8.3.7 Prohibited
Activities and Non-Collectible Materials
8.3.8 Garbage
Accumulation; When a Nuisance
8.3.9 Refuse
From Outside the Municipality
8.3.10 Burning
of Rubbish
(a)
Title. This Chapter shall be known as the Solid Waste
Management Ordinance of the City of
(b) Collection and Disposal Services Provided by City.
(1) Refuse collection and disposal services will be provided by the City only to one (1), two (2), three (3) and four (4) family residential units.
(2) Refuse collection and disposal services will not be provided by the City to the following:
a. Any industrial, manufacturing, commercial, business or mercantile building or property;
b. Any school, college, church, synagogue, private or public institution, non-profit or charitable organization or any governmentally owned building, other than City-owned buildings;
c. Any residential building in excess of four (4) units.
(3) For purposes of this Chapter, residentially used units in one (1), two (2), three (3) and four (4) family building(s) which have an approved home occupation, per the definition contained in the Glendale Zoning Code, will be provided refuse collection and disposal services by the City.
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 City 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:
(a) Agricultural Establishment - An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
(b) Bulky Waste - Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
(c) Commercial Unit - Commercial units shall be all property other than residential units and shall include boarding houses, motels and resorts.
(d) Curb - 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.
(e) 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.
(f) Disposal - The orderly process of discarding useless or unwanted material.
(g) DNR - The Wisconsin Department of Natural Resources.
(h) Dump. - A land site where solid waste is disposed of in a manner that does not protect the environment.
(i) 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.
(j) Garbage- 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 food- stuffs.
(k) 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.
(l) Industrial Waste - Waste material, except garbage, rubbish and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
(m) Landfill - A landsite where solid waste is disposed of in a manner to provide protections for the environment, in accordance with state regulations.
(n) Litter -Solid waste scattered about in a careless manner, usually rubbish.
(o) Newsprint - Newsprint shall mean a common and inexpensive machine-finished paper made chiefly from wood pulp and used mostly for newspapers.
(p) Non-Residential Solid Waste - Solid waste from agricultural, commercial, industrial or institutional activities or a building or group of buildings consisting of four (4) or more dwelling units.
(q) Person - Individuals, firms, corporations and associations, and includes the plural as well as the singular.
(r) Private Collection Services - Collection services provided by a person licensed to do same by the DNR.
(s) Recyclable Waste - Waste material that can be remanufactured into usable products and shall include, by way of enumeration but not by way of limitation, glass, plastics, newspapers, cardboard, metals (aluminum, steel, tin, brass, etc.).
(t) Refuse.
(1) Refuse 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.
(2) Yard Waste, as used in this Chapter, shall include leaves, grass, garden debris and small twigs.
(3) Brush shall include small tree limbs, bush and hedge trimmings less than four (4) inches in diameter and four (4) feet in length, but does not include stumps, logs, root systems, brush mixed with garden debris or grass, clippings, brush materials generated from sight clearing activities, or materials resulting from pruning or removal at an address other than the address serving as the collection point.
(u) Residential Solid Waste - All solid waste that normally originates in a residential environment from residential dwelling units.
(v) 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; multi-family 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 boarding houses, motels or resorts.
(w) Rubbish - 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.
(x) Scavenging - The uncontrolled removal of materials at any point in solid waste management.
(y) 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.
(z) Storage - The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
(aa) Storage Areas - Areas where persons place containers during non-collection 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 provision of this and other City Ordinances.
(a) General Container Standards. Suitable containers of a type approved by the City 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 Director of Public Works. 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 five (5) gallons and not more than thirty (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 thirty (30) gallon capacity. Other containers for multi-family residential units (such as dumpsters) may be used only with the express approval of the Director of Public Works. Containers including contents shall not exceed in weight that which one (1) person can safely lift [sixty (60) pounds]. Metal garbage cans shall be of sufficient thickness to resist denting during normal handing 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.
(c) Householder to Provide Containers. It shall be the duty of every occupant, tenant and 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 tenant 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) Ashes. Cold, completely extinguished ashes may be left for collection in cardboard containers.
(e) Other Refuse. Parts of trees, tree branches or other debris, which, because of its size, weight or shape, cannot be placed in receptacles as above provided shall be placed for City collections as follows:
(1) Where garbage is regularly collected from the alley, such refuse shall be placed for collection on the private premises as near to the public alley and access facility to the premises as is practicable.
(2) Where garbage is regularly collected from the street, such refuse shall be placed between the public sidewalk and street immediately in front of the private premises. If no such sidewalk adjoins the premises, such refuse shall be placed on the premises at a location adjacent to the public road and as near as practicable to the access facility of such premises; and if there is a public drainage ditch, it shall be placed on the premises side of such ditch as near as practicable to the access facility of such premises.
(3) In any case where Subsections (e)(1) and (2) above do not apply, in such place as the Director of Public Works may, by written notice, direct such refuse to be placed.
(4) Tree branches and parts of trees shall not exceed six (6)feet in length.
(5) No individual piece of refuse shall be so large or so heavy or of such a shape that it cannot be handled by a single collector.
(6) In the event that pickup of refuse is denied to any premises because of failure of the owner or occupants thereof to comply with these regulations or any other applicable regulation of the City, the owner of such premises shall dispose of refuse through his own private means.
(f) Newsprint.
(1) Newsprint shall be separated from garbage and all other rubbish or refuse and shall be collected separately. It shall be tied in bundles not exceeding sixty (60) pounds and shall be placed in such a manner that it will not become frozen to the ground at the locations specified for the placement of other refuse in Subsections (e)(1) through (3) hereof. When newsprint is so placed at the above-specified locations, it shall be presumed that it is left for collection by the City and that it is the property of the City.
(2) Containers holding clean newsprint and other refuse (unless such newsprint has been used to wrap other refuse) will not be serviced by the City until the clean newsprint has been removed therefrom. A notice shall be affixed to such container by City crews informing the refuse disposer that City ordinances require the separation of newsprint as a condition to the servicing of such container by the City.
(g) Illegal Containers. Containers not approved consist of metal barrels and drums, wooden or cardboard barrels, wheelbarrows and other such containers not approved by this Chapter. These containers will not be emptied regardless of contents or weight. The collector shall not be obligated to pick up any garbage, rubbish or trash in open boxes or bags.
(a) Placement For Collection.
(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. Yard and bulky wastes from residential units shall likewise be placed in neat, orderly fashion behind the curb on the residents' own property. Yard wastes shall not be placed on cul-de-sac islands, at the end of "dead end" or "no outlet" alleys, on city owned lots, on school property or on boulevards. 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/her wastes or he/she shall place it in his/her 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 public right-of-way 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 curb side. 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 City shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the Director of Public Works 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) All receptacles and containers for refuse, rubbish, and yard waste and all bundles of rubbish shall be placed in collection locations as designated in Subsection (a) above only after 4:00 p.m. on the evenings prior to the regular collection time. Brush must be placed at the collection site by 7:00 a.m. on Monday prior to the scheduled brush collection. Before March 20 and after November 6, brush will be collected by request only, weather permitting, and shall not be placed at a collection site unless arrangements for collection have been made.
(2) All receptacles, bags and containers for refuse and garbage disposal shall be removed from the curbside collection point within twenty-four (24) hours after the regular collection time.
(3) City employees or employees of licensed collectors will not enter any structures to remove garbage or refuse.
(c) Collection Schedule.
(1) The designation of the day or days of refuse collection shall be made by the Director of Public Works, and such information shall be advertised so that all occupants, tenants and proprietors of all residential units will be advised of the correct collection schedule. Unless hardship is shown, caused by extreme weather conditions or other hazardous situations, refuse shall be collected from all residential units weekly.
(2) The occupant, tenant or proprietor of a new residential unit shall notify the City that collection of refuse from such place is required.
(d) Collection and Disposal of Refuse Other Than by City. Refuse which is not collected by the City, its agents, employees or contractors may be collected and disposed of by private rubbish haulers. All vehicles used to transport rubbish shall be provided with equipment to prevent rubbish from blowing out of, falling from or otherwise escaping from such vehicle. All rubbish haulers shall comply with all applicable rules and regulations established by the Common Council or Committee thereof.
(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.
(c) Ashes. It shall be unlawful to place hot ashes for collection. [See Sec. 8-3-5 (c)]
(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 City contrary to the provisions of this Chapter.
(e) 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 City contrary to the provisions of this Chapter.
(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 leak proof, 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 placed for collection.
(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.
(k) Non-Collectible Materials. It shall be unlawful for any person to place for collection any of the following wastes:
1. Hazardous waste;
2. Toxic waste;
3. Chemicals;
4. Explosives or ammunition;
5. Drain or waste oil or flammable liquids;
6. Large quantities of paint;
7. Tires.
(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 plastic bags or in the sanitary sewer system. Such items as "kitty litter" may be placed for collection if animal wastes are removed prior to disposal.
(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.
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 City 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 City of
(a) No person shall burn any rubbish upon any residence premises except in an incinerator approved under the South Eastern Wisconsin Uniform Building Code without first obtaining a permit from the City Fire Department.
(b) Application for such permit shall be in writing, signed by the person desiring the same. Said application shall specify the location of the premises by house number or proper description and the general size or dimensions of the property upon which such burning is sought to be authorized.
(c) Before such permit shall be issued, the City Fire Department shall make a proper inspection of the premises covered by the said application and shall satisfy itself that no nuisance shall be created by the burning of such rubbish.
8.4.1 Definitions
8.4.2 Food
Licenses
8.4.3 Examination and Condemnation of
Unwholesome or Adulterated Food and Drink
8.4.4 Food
Establishment Inspections
8.4.5 Sanitation
Requirements for Food Establishments
8.4.6 Food
Establishments Permitted to Operate
8.4.7 Distribution
and Transportation of Food
8.4.8 Certain Statutes and Provisions
of
The following definitions shall apply in the interpretation and the enforcement of this Chapter:
(a) Food Establishments. The term "food establishment" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich shop, soda fountain and all other eating or drinking establishments, as well as grocery stores, supermarkets, meat markets, catering services, bakeries and any building, room or place where food is processed, prepared, kept, sold, served, offered, stored or transported into the City of Glendale and all places used in connection therewith, provided, however, it shall not include milk processing plants, public markets, residential institutions or family kitchens for family use only.
(b) Food. Food shall include any article used as food or drink by man whether simple, mixed or compound, including food adjuncts such as condiments, spices, etc.
(c) Itinerant Food Establishment. The term "itinerant food establishment" shall mean one operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
(d) Employee. The term "employee" shall refer to employees in a food establishment as defined above and shall mean any person who handles food or drink during preparation, processing or serving, or who comes in contact with any food handling or eating utensils or who is employed in any room in which food or drink is processed, prepared, kept, sold, served or offered or who acts as a caterer.
(e) Utensils. The term "utensils" shall include cutlery, containers, kitchenware, glassware, tableware, vending machines or any other equipment with which food comes in contact during processing, preparation, storage or serving.
(f)
Health
Officer. The term "health
officer" shall mean the health officer of the City of
(g) Person. The term "person" shall mean person, firm or corporation.
(a) Unless otherwise provided herein, no person, firm or corporation shall keep, store, process, manufacture, offer for sale, sell or dispense food, milk or milk products in any building or upon any premises in the City of Glendale unless such person, firm or corporation shall have first obtained a license to do so for each location at which food, milk or milk products is so kept, stored, processed, manufactured, offered for sale, sold or dispensed. This rule will not apply to family use, churches, religious, fraternal, youth's or patriotic organizations, service clubs and civic organizations which occasionally prepare or serve or sell meals or lunches to transients or the general public nor shall it include any private individual selling foods from a movable or temporary stand at public farm sales. Only the person who complies with the requirements of this Chapter shall be entitled to receive and retain such a permit. Violation of any of the requirements of this Chapter shall be grounds for suspension or revocation.
(b) Application for a food license shall be made to the City Clerk in writing on prepared blanks and shall include the full name or names of the person, firm or corporation making application, business address of such applicant, nature of business to be licensed, location of business to be licensed and, if a corporation, the full names and addresses of its officers and manager or managers.
(c) Such license shall be issued by the City Clerk upon payment of the fee herein provided and after the Health Department of the City of Glendale has certified that the facilities for the manufacture, sale or dispensing of food meet the requirements of all applicable ordinances and statutes and regulations thereunder, including, but not limited thereto, regulations of the Wisconsin Department of Industry, Labor and Human Relations, Wisconsin State Department of Agriculture and Wisconsin State Board of Health and further provided that the applicant shall not have due and owing any personal property taxes to the City of Glendale.
(d) Such license shall be issued only to a person of good moral character who shall be a citizen of the United States and the State of Wisconsin, who shall not have been convicted of a felony, who shall not habitually have been a petty law offender of the laws of the State of Wisconsin, and who shall not have been a habitual violator of ordinances of the City of Glendale, excepting only traffic violations. In the case of a corporation, such requirements shall apply to its manager or managers.
(e) All licenses issued hereunder shall immediately be posted in some conspicuous part of the location licensed hereunder and shall remain so posted during the period for which the license is in force.
(f) If, upon inspection, the Health Officer or City Sanitarian finds that any licensed place is conducted or managed in violation of the ordinances or regulations of the City of Glendale, or the laws of the State of Wisconsin, or the regulations of any agency of the State of Wisconsin prescribing standards of health or sanitation, it shall be the duty of the Health Officer or City Sanitarian to serve an order upon the licensee, his agent or employee in charge of said licensed premises, directing him within a certain reasonable time, not to exceed ten (10) days, to comply with said ordinances, statutes or regulations. If the licensee shall fail to comply with said order within the time designated, the Health Officer and City Sanitarian shall serve said licensee, his agent or employee and charge of said licensed premises with a notice in writing that at a time not less than forty-eight (48) hours from the time of service of said notice his food license shall stand suspended until such time that inspection reveals that conformance to rules has been reestablished. Continued violation of rules shall be grounds for permanent revocation of license by the Common Council.
(g)
(1) License fees shall be as set forth
herein.
a. Limited Food Service Restaurant. A restaurant that serves only individually
wrapped, hermetically sealed, single servings supplied by a licensed processor.
·
Annual License Fee: $100.00
b. Simple Complexity Restaurant. A restaurant in which all of the following
criteria are met:
1. Food is cooked to order.
2. Food may be kept in a hot or warm
condition, but only for one meal period.
Such food may not be cooled and re-served at a later time.
3. Limited preparation of food. Pre-packaged products may be mixed together
and minor preparation, such as slicing onions or pickles as condiments, is
acceptable.
4. Potential for cross-contamination must
be minimal. No raw chicken or other
meats may be used. Pre-breaded fish or
preformed burger patties (fresh or frozen) may be used.
·
Annual License Fee: $175.00
c. Moderate Complexity Restaurant. A restaurant in which any of the following
criteria are met:
1. Any Potentially Hazardous Food, as that
term is defined in Wis. Admin. Code Ch. 196, is cooled and/or reheated.
2. Any food products made from scratch.
3. The facility seats 50 or more patrons.
4. The facility has drive-up window or
walk-up service window or provides delivery of food.
5. Any raw poultry, seafood, or bulk beef
is served. This does not apply to use of
preformed patties.
6. The facility provides catering
services.
7. The facility provides banquet services.
·
Annual License Fee: $250.00
d. High Complexity Restaurant. A moderate complexity restaurant in which
five or more of the moderate complexity criteria set forth above are present.
·
Annual License Fee: $350.00
e. Other Food Service. An establishment that requires a license for
food production, distribution, processing, storage, etc. that does not meet any
of the aforementioned definitions.
·
Annual License Fee: $350.00
(2) There shall be no refund of any portion
of a license fee in the event of a revocation or suspension thereof. Such license shall have a term of one (1)
year commencing on the first day of July each year. An additional fee of One Hundred Dollars
($100.00) shall be charged for each additional inspection, in the excess of the
normal two (2) per year, which may be required due to violations of City and
state rules and regulations governing the operations of food establishments.
(3) The fee for such license renewal shall be
received on or before June 30th of the year immediately preceding the license
renewal term. Any person or firm or
corporation who shall continue to keep, store, process, manufacture, offer for
sale, sell or dispense food, milk or milk products in any building or upon any
premises in the City of
(h) Any person, firm or corporation selling or otherwise dealing in food, milk or milk products exclusively from vending machines and who is required to obtain a license pursuant to the provisions of Title 7 of the Glendale Code of Ordinances shall not be required to obtain a license under this Section.
(i) The permit of any establishment is automatically revoked when the business is not operated as a food or drinking establishment for thirty (30) days or longer. When closed for said period, the establishment shall be considered a new establishment and may not be reopened until granted a new permit in accordance with this ordinance.
Samples of food, drink and other substances may be taken and examined by the Health Officer or City Sanitarian as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer or City Sanitarian may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.
At least once every six (6)
months, the Health Officer or City Sanitarian shall inspect every food
establishment located within the City of
All food establishments shall comply with all the following items of sanitation:
(a) Floors. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair.
(b) Walls and Ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
(c) Doors and Windows. When insects are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of insects.
(d) Lighting. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well-lighted.
(e) Ventilation. All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well-ventilated.
(f) Toilet Facilities. Every food establishment shall be provided with adequate and conveniently located toilet facilities for its employees conforming with Wisconsin Department of Industry, Labor and Human Relations and State Board of Health rulings. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well-lighted and ventilated. Hand washing signs shall be posted in each toilet room used by employees. Only such items that pertain to the maintenance of a toilet room shall be stored therein. In establishment’s hereafter constructed, toilet rooms shall not open into any room in which food, drink or utensils are handled or stored.
(g) Water Supply. Running hot and cold water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed and the water supply shall be adequate or of a safe quality.
(h) Lavatory Facilities. Adequate and convenient hand washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.
(i) Construction of Utensils and Equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a food establishment shall be so constructed as to be easily cleaned and shall be kept in good repair. A lavatory or wash basin shall not be used for the washing of utensils. Utensils containing or plated with cadmium or lead shall not be used, provided that solder containing lead may be used for jointing. All food service equipment installed after the effective date of this Chapter shall be of a type approved by the City Sanitarian or Health Officer. Equipment or utensils which are unfit to be used to wash, prepare or store food shall be withdrawn from use by the City Sanitarian or Health Officer.
(j) Cleaning and Bactericidal Treatment of Utensils and Equipment.
(1) All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, sinks, meat blocks, scales, etc., shall be kept clean and free from dust, insects and other contaminating materials. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage.
(2) All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish or other substance containing any cyanide preparation or other poisonous materials shall be used for the cleaning or polishing of utensils.
(k) Storage and Handing of Utensils and Equipment. After bactericidal treatment, utensils shall be stored in a clean dry place protected from flies, dust and other contamination and shall be handled in such a manner as to prevent contamination as far as practicable. Single service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner. Drinking straws shall be served only in suitable individual original wrappers unopened or in an approved dispensing device. Spoons and spatulas for dipping ice cream shall be kept in running water.
(l) Disposal of Wastes. All wastes shall be properly disposed of and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance. Receptacles that receive garbage from restaurant establishments shall be lined with a wet strength disposal paper liner which shall be replaced after collection and cleaning of receptacles.
(m) Refrigeration. ll readily perishable food and drink shall be kept at or below forty (40) degrees F. except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of. Thawing of frozen products shall be thawed at temperatures not to exceed forty (40) degrees F.
(n) Wholesomeness of Food and Drink. All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption. All milk and milk products, ice cream and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the original individual containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device. Provided, that this requirement shall not apply to cream which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams and mussels shall be from approved sources and, if shucked, shall be kept until used in the containers in which they were placed at the shucking plant.
(o) Storage, Display and Prepared Serving of Food and Drink. All food shall be so stored, displayed, prepared and served as to be protected from dust, flies vermin depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is stored or prepared. All means necessary for the elimination of flies, roaches and rodents shall be used.
(p) Cleanliness of Employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaging in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared. Hair nets, hair bands or head coverings shall be worn at all times while engaged in the handing of food, drinks, utensils or equipment.
(q) Miscellaneous. The premises of all food establishments shall be kept clean and free of litter or rubbish. None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
(r)
(1) Smoking Prohibited in Food Stores. It shall be unlawful to smoke or carry a lighted cigar, cigarette or pipe in a retail food store which sells groceries, bakery, canned goods, meat, dairy foods or products, fruit, vegetables or other foods, except in areas approved for such purpose by the City Sanitarian or his authorized agent.
(2) Duties of Persons in Charge of Premises. It shall be the duty of the owner, licensee, manager or other person in charge of a food store as described above to post or affix and to maintain approved signs bearing the words "NO SMOKING IN MUNICIPAL ORDINANCE" at every entrance, over units displaying bakery, meats, dairy products or vegetables, in areas used for storage, food preparation or food handling and in other prominent locations throughout the premises. Such person in charge of the premises, upon observing a person violating or about to violate this Subsection, shall call attention to the prohibition provided by the same and, if such person persists, shall summon the aid of the police.
(3) Penalty. Any person violating any of the provisions of this Subsection shall be subject to the penalties provided in Section 1.1.7 of this Code.
(s) Itinerant Food Establishments. Itinerant food establishments shall be constructed and operated in an approved manner.
No food establishment shall
operate within the City of
While bread, confectionery and
other food products are being distributed in vehicles, baskets, boxes or other
containers, they shall be protected from dust, flies, vermin, droplet infection
and other contamination and shall not be handled in any unclean manner while
being distributed. Every truck or other
vehicle operated or containers used on the streets or at any place in the City
of
(a) Chapter 97 of the Wisconsin Statutes, entitled "Food Regulation," and Chapter 254, Subchapter VII of the Wisconsin Statutes, entitled "Environmental Health Lodging and Food Protection," exclusive of the penalties provided therein, and Chapter HFS 195, entitled "Hotels, Motels & Tourist Rooming Houses," Chapter HFS 196 entitled "Restaurants," Chapter HFS 198 entitled "Vending of Food," and Chapter ATCP75 entitled "Retail Food Establishments," of the Wisconsin Administrative Code, as such Chapters of the Wisconsin Statutes and Administrative Code may be amended from time to time, are herewith adopted by reference with the same force and effect as if set forth herein in full.
(b)
The provisions of this Chapter shall supplement
any laws of the State of
(c) In the event of a conflict between the provisions and regulations of this Chapter and the Wisconsin Statutes or rules and regulations of the State Board of Health, Wisconsin Department of Agriculture and Consumer Protection and/or Wisconsin Department of Industry, Labor and Human Relations, the more stringent rules and regulations shall govern.
8.5.1 Purpose
of Chapter
8.5.2 Statutory
Authority
8.5.3 Abrogation
and Greater Restrictions
8.5.4 Interpretation
8.5.5 Severability
8.5.6 Applicability
8.5.7 Administration
8.5.8 Effective
Date
8.5.9 Definitions
8.5.10 Separation
of Recyclable Materials
8.5.11 Separation
Requirements Exempted
8.5.12 Care
of Separated Recyclable Material
8.5.13 Management
of Lead Acid Batteries, Major Appliances, Waste Oil and Yard Waste
8.5.14 Preparation
and Collection of Recycables
8.5.15 Responsibilities
of Owners or Designated Agents of Multi-Family Dwellings
8.5.16 Responsibilities
of Owners or Designated Agents of Non-Residential Facilities and Properties
8.5.17 Prohibitions
on Disposal of Recyclable Materials Separated for Recycling
8.5.18 Compliance,
Enforcement and Penalties
The purpose of this Chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in Sec. 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
This Chapter is adopted as authorized under Sec.287.09(3)(b), Wis. Stats.
It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this Chapter imposes greater restrictions, the provisions of this Chapter shall apply.
In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this Chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this Chapter is required by Wisconsin Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of the adoption of this Chapter, or in effect on the date of the most recent text amendment to this Chapter.
Should any portion of this Chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected.
The requirements of this
Chapter apply to all persons, firms, organizations and corporations, both for
profit and non-profit, within the limits of the City of
The provisions of this Chapter shall be administered by the Director of Public Works or his designated representative.
The provisions of this Chapter shall take effect on January 1, 1995.
(a) For the purposes of this Chapter:
(1) Bi-Metal Container. A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
(2) Container Board. Corrugated paperboard used in the manufacture of shipping containers and related products.
(3) Foam Polystyrene Packaging. Packaging made primarily from foam polystyrene that satisfies one (1) of the following criteria:
a. Is designed for serving food or beverages.
b. Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
c. Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
(4) HDPE. High density polyethylene, labeled by the SPI code #2.
(5) LDPE. Low density polyethylene, labeled by the SPI code #4.
(6) Magazines. Magazines and other materials printed on similar paper.
(7) Major Appliance. A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
(8) Multiple-Family Dwelling. A property containing five (5) or more residential units, including those which are occupied seasonally.
(9) Newspaper. A newspaper and other materials printed on newsprint.
(10) Non-Residential Facilities and Properties. Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple family dwellings.
(11) Office Paper. High grade printing and writing papers from offices in non- residential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
(12) Other Resins or Multiple Resins. Plastic resins labeled by the SPI code #7.
(13) Person. Includes any individual, corporation, partnership, association, local governmental unit, as defined in Sec. 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
(14) PETE. Polyethylene terephthalate, labeled by the SPI code #1.
(15) Plastic Container. An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
(16) Postconsumer Waste. Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Sec. 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap auto- mobiles, or high-volume industrial waste, as defined in Sec. 289.01(17), Wis. Stats.
(17) PP. Polypropylene, labeled by the SPI code #5.
(18) PS. Polystyrene, labeled by the SPI code #6.
(19) PVC. Polyvinylchloride, labeled by the SPI code #3.
(20) Recyclable Materials. Includes lead acid batteries; major appliances;
waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bi-metal containers.
(21) Solid Waste. Has the meaning specified in Sec.289.01(33), Wis. Stats.
(22) Solid Waste Facility. Has the meaning specified in Sec.289.01(35), Wis. Stats.
(23) Solid Waste Treatment. Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. Treatment includes incineration.
(24) Waste Tire. A tire that is no longer suitable for its original purpose because of wear, damage or defect.
(25) Yard Waste. Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six (6) inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
Occupants of single family and two (2) to four (4) unit residences, multiple-family dwellings and non-residential facilities and properties shall separate the following materials from post-consumer waste:
(a) Lead acid batteries.
(b) Major appliances.
(c) Waste Oil.
(d) Yard waste.
(e) Aluminum containers.
(f) Bi-metal containers.
(g) Corrugated paper or other container board.
(h) Foam polystyrene packaging.
(i) Glass containers.
(j) Magazines.
(k) Newspaper.
(l) Office paper.
(m) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins and multiple resins.
(n) Steel containers.
(o) Waste tires.
The separation requirements of 8.5.10 do not apply to the following:
(a) Occupants of single family and two (2) to four (4) unit residences, multiple- family dwellings and non-residential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Section 8.5.10 from solid waste in as pure a form as is technically feasible.
(b) Solid waste which is burned as a supplemental fuel at a facility if less than thirty percent (30%) of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
(c) A recyclable material specified in Section 8-5-10(e) through (o) for which a variance has been granted by the Department of Natural Resources under Sec. 289.11(2m), Wis. Stats., or NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with Section 8.5.10 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a secure manner, and in compliance with Section 13.1.144(e).
Occupants of single family and two (2) to four (4) unit residences, multiple-family dwellings and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
(a) Lead acid batteries shall be recycled at local salvage yards or returned when purchasing a new battery.
(b) Major appliances shall be recycled using the services of the City recycling contractor or local salvage yards.
(c) Waste oil shall be recycled by depositing waste oil in the designated drop-off facility at the Glendale Public Works Garage or other waste oil collection drop- off centers.
(d) Yard waste shall be managed by using the services of the City recycling contractor; contracting with a private yard waste contractor; or composting.
Except as otherwise directed by the Director of Public Works, occupants of single family and two (2) to four (4) unit residences shall do the following for the preparation and collection of the separated materials specified in Section 8.5.10(e) through (0):
(a) Aluminum containers shall be rinsed free of product residue and recycled using the City-approved recycling program.
(b) Bi-metal containers shall be rinsed free of product residue and recycled using the City-approved recycling program.
(c) Corrugated paper or other container board shall be flattened and recycled using the City-approved recycling program.
(d) Foam polystyrene packaging shall be recycled using the City-approved recycling program.
(e) Glass containers shall be rinsed free of product residue and recycled using the City-approved recycling program.
(f) Magazines shall be tied with twine and recycling using the City-approved recycling program.
(g) Newspaper shall be tied with twine and recycled using the City-approved recycling program.
(h) Office paper shall be separated from post consumer waste, tied with twine, and recycled.
(i) Rigid plastic containers shall be prepared and collected as follows:
(1) Plastic containers made of PETE shall be rinsed free of product residue and recycled using the City-approved recycling program.
(2) Plastic containers made of HDPE shall be rinsed free of product residue and recycled using the City-approved recycling program.
(3) Plastic containers made of PVC shall be rinsed free of product residue and recycled using the City-approved recycling program.
(4) Plastic containers made of LDPE shall be rinsed free of product residue and recycled using the City-approved recycling program.
(5) Plastic containers made of PP shall be rinsed free of product residue and recycled using the City-approved recycling program.
(6) Plastic containers made of PS shall be rinsed free of product residue and recycled using the City-approved recycling program.
(7) Plastic containers made of other resins or multiple resins shall be rinsed free of product residue and recycled using the City-approved recycling program.
(j) Steel containers shall be rinsed free of product residue and recycled using the City-approved recycling program.
(k) Waste tires shall be recycled at local tire recycling centers.
(a) Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in Section 8.5.10(e) through (o):
(1) Provide adequate, separate containers for the recyclable materials, unless the size or weight of such materials renders placement in a container impracticable. All recyclable materials, whether within or without containers, shall be screened from view from streets and adjacent sites and shall not be located in any parking lot, except that the owner or lessee of the premises may apply to the City Administrator or his/her designee to place such materials in the parking lot for a period not to exceed six (6) months if the premises are undergoing construction, demolition or renovation. A permanent storage area may be allowed on the premises, including a designated area of a parking lot, in any area where the premises are screened from view of streets and surrounding lots. Landscape screens are preferred and shall provide a year round screen within two (2) years of installation. Landscape screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six (6) months. Visually impervious fencing is allowed in areas wherein the layout of the lot, property lines, and location of buildings make landscape screening impracticable. Any person aggrieved by a decision of the City Administrator or his/her designee pertaining to enforcement of this provision must appeal that decision to the Plan Commission within ten (10) days of receipt of such decision. When considering an appeal under this Subsection, the Plan Commission shall allow only such variances as will not substantially deviate from the requirements of this provision, and which shall promote the purpose and intent of this Chapter. Compliance with the provisions of this Subsection shall occur at the earlier of a change in ownership, use, exterior modification or renovation, or occupancy, or by December 31, 2002.
(2) Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.
(3) Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(4) Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
(b) The requirements specified in Subsection (a) do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 8.5.10(e) through (o) from solid waste in as pure a form as is technically feasible.
(a) Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in Section 8.5.10(e) through (o):
(1) Provide adequate, separate containers for the recyclable materials, unless the size or weight of such materials renders placement in a container impracticable. All recyclable materials, whether within or without containers, shall be screened from view from streets and adjacent sites and shall not be located in any parking lot, except that the owner or lessee of the premises may apply to the City Administrator or his/her designee to place such materials in the parking lot for a period not to exceed six (6) months if the premises are undergoing construction, demolition or renovation. A permanent storage area may be allowed on the premises, including a designated area of a parking lot, in any area where the premises are screened from view of streets and surrounding lots. Landscape screens are preferred and shall provide a year round screen within two (2) years of installation. Landscape screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six (6) months. Visually impervious fencing is allowed in areas wherein the layout of the lot, property lines, and location of buildings make landscape screening impracticable. Any person aggrieved by a decision of the City Administrator or his/her designee pertaining to enforcement of this provision must appeal that decision to the Plan Commission within ten (10) days of receipt of such decision. When considering an appeal under this Section, the Plan Commission shall allow only such variances as will not substantially deviate from the requirements of this provision, and which shall promote the purpose and intent of this Chapter. Compliance with the provisions of this Subsection shall occur at the earlier of a change in ownership, use, exterior modification or renovation, or occupancy, or by December 31, 2002.
(2) Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program.
(3) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
(4) Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
(b) The requirements specified in Subsection (a) do not apply to the owners or designated agents of non-residential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 8.5.10(e) through (o) from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in Section 8.5.10(e) through (o) which have been separated for recycling except waste tires may be burned with energy recovery in a solid waste treatment facility.
(a)
Compliance. For the purpose of ascertaining compliance
with the provisions of this Chapter, any authorized officer, employee or representative
of the City of Glendale may inspect recyclable materials separated for
recycling, post-consumer waste intended for disposal, recycling collection
sites and facilities, collection vehicles, collection areas of multiple-family
dwellings and non-residential facilities and properties, and any records
relating to recycling activities, which shall be kept confidential when
necessary to protect proprietary information.
No person may refuse access to any authorized officer, employee or
authorized representative of the City of
(b)
Enforcement. Any person who violates a provision of this
Chapter .may be issued a citation by the City of
(c) Penalties. Penalties for violating this Chapter may be assessed as follows:
(1) Any person who violates Section 8.5.18 may be required to forfeit Fifty Dollars ($50.00) for a first violation, Two Hundred Dollars ($200.00) for a second violation, and not more than Two Thousand Dollars ($2,000.00) for a third or subsequent violation.
(2) Any person who violates a provision of this Chapter, except Section 8.5-17, may be required to forfeit not less than Ten Dollars ($10.00) nor more than One Thousand Dollars ($1,000.00) for each violation.