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City of South Milwaukee 
NOTE: The information listed below may not be accurate and up-to-date. The information is accurate as of the date listed at the bottom of the page; however, ordinances adopted after that date may have changed or eliminated a section of the code. Please contact the City Clerk's office to verify the accuracy of the text contained below. You can e-mail the Clerk by selecting the mailbox in the lower-left corner of this page. |
26.01 Title
26.02 Purpose
26.03 Statutory Authority
26.04 Abrogation and
Greater Restrictions
26.05 Interpretation
26.06 Severability
26.07 Applicability
26.08 Administration
Repealed/Recreated 4/5/00, 1764
26.09 Effective Date
26.10 Definitions (2)
Repealed and Recreated 4/5/00, 1764
26.11 Separation of Recyclable
Materials
26.12 Separation Requirements
Exempted
26.13 Care of Separated
recyclable Materials
26.14 Recyclable Materials
to be Deposited in Carts Provided by the City
26.15 Location of Recycling
Carts
26.16 Collection of Recyclable
Materials Placed in Recycling Carts
26.17 Management of Lead
Acid Batteries, Major Appliances, Waste Oil and Yard Waste
26.18 Responsibilities
of Owners or Designated Agents of Multiple-Family Dwellings
26.19 Prohibitions on
Disposal of Recyclable Materials Separated for Recycling
26.20 Garbage and Refuse
Disposal
26.21 Recycle Center
Regulations
Amended 5/18/10, 2004
26.22 Scavenging
26.23 Enforcement
26.01 TITLE. Recycling, Refuse Collection and Self-Deposit Station Ordinance for City of South Milwaukee.
26.02 PURPOSE. The purpose of this ordinance is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in s. 159.11, Wis. Stats, and Chapter NR 544, Wis. Administrative Code.
26.03 STATUTORY AUTHORITY. This ordinance is adopted as authorized under s. 159.09(3)(b), Wis. Stats., and the general police power of the City under Sec. 62.11(s).
26.04 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this ordinance 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 ordinance imposes greater restrictions, the provisions of this ordinance shall apply.
26.05 INTERPRETATION. In their interpretation and application, the provisions of this ordinance 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 or interpretations shall apply. Where a provisions of this ordinance is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wis. Administrative 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 ordinance, or in effect on the date of the most recent text amendment to this ordinance.
26.06 SEVERABILITY. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
26.07 APPLICABILITY. The requirements of this ordinance apply to all persons within the City of South Milwaukee.
26.08 ADMINISTRATION. The provisions of this ordinance shall be administered by the City Administrator and the street department superintendent or his/her designee. Rep. & Recr. 04/05/00, 1764
26.09 EFFECTIVE DATE. The provision of this ordinance shall take effect on November 1, 1994.
26.10 DEFINITIONS. For the purpose of this ordinance:
(1) "Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
(2) "City Administrator" means the City Administrator, Administrative Coordinator, or his/her designee. Rep. & Recr. 04/05/00, 1764
(3) "Bundled" means secured in a fashion to prevent the material from becoming air borne or litter.
(4) "Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.
(5) "Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one 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.
(6) "HDPE" means high density polyethylene, labeled by the SPI code #2.
(7) "LDPE" means low density polyethylene, labeled by the SPI code #4.
(8) "Magazines" means magazines and other materials printed on similar paper.
(9) "Major appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, de-humidifier, water heater or stove.
(10) "Multiple-family dwelling" means a building containing five (5) or more residential units, including those which are occupied seasonally and including multifamily developments of more than one (1) building where the total number of residential units in all buildings, which are part of the development, exceed four (4) units. Although condominiums are otherwise considered single family dwellings, where the condominium building contains five (5) or more units, such buildings will be classified for purposes of this ordinance as multifamily dwellings. Rep. & Recr. 03/21/95, 1607
(11) "Newspaper" means a newspaper and other materials printed on newsprint.
(12) "Non-residential facilities and properties" means commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple family dwellings.
(13) "Office paper" means 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.
(14) "Other resins or multiple resins" means plastic resins labeled by the SPI code #7.
(15) "Curb" means street curb or alley side location where recyclables are deposited for collection.
(16) "Person" includes any individual, corporation, partnership, association, local governmental unit, as defined in s.66.299(1)(a), Wis. Stats., state agency or authority or federal agency.
(17) "PETE" means polyethylene terephthalate, labeled by the SPI code #1.
(18) "Plastic container" means 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.
(19) "Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s.144.61(5), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s. 144.11(7)(a)1., Wis. Stats.
(20) "PP" means polypropylene, labeled by the SPI code #5.
(21) "PS" means polystyrene, labeled by the SPI code #6.
(22) "PVC" means polyvinyl chloride, labeled by the SPI code #3.
(23) "Recyclable materials" includes lead acid batteries; major appliances; waste oil; yard waste; aluminum container; 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.
(24) "Solid waste" has the meaning specified in s.144.01(15), Wis. Stats.
(25) "Solid waste treatment" means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
(26) "Waste tire" means a tire that is no longer suitable for its original purpose because of wear, damage or defect.
(27) "Yard waste" means
leaves, grass clippings, yard and garden debris and brush, including clean
woody vegetative material no greater than six inches in diameter.
This term does not include stumps, roots or shrubs with intact root balls.
26.11 SEPARATION OF RECYCLABLE MATERIALS. Occupants of single family and two to four unit residences, multiple-family dwellings and non-residential facilities and properties shall separate the following materials from postconsumer waste:
(1) Lead acid batteries
(2) Major appliances
(3) Waste oil
(4) Yard waste
(5) Aluminum containers
(6) Bi-metal containers
(7) Corrugated paper or other container board
(8) Foam polystyrene packaging
(9) Glass containers
(10) Magazines
(11) Newspaper
(12) Office paper
(13) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins
(14) Steel containers
(15) Waste tires
26.12 SEPARATION REQUIREMENTS EXEMPTED. The separation requirements of 26.19 do not apply to the following:
(1) Occupants of single family and two to four unit residences, multiple-family dwelling and non-residential facilities and properties that sent their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in s.1.11 from solid waste in a pure a form as it technically feasible.
(2) Solid waste which is burned as supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
(3) A recyclable material specified in s.1.1(5) through (15) for which a variance has been granted by the Department of Natural Resources under s. 159.11(2m), Wis. Stats., or s. NR 544.14, Wis. Administrative Code.
26.13 CARE OF SEPARATED RECYCLABLE MATERIALS. To the greatest extent practicable, the recyclable materials separated in accordance with Section 26.19 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 manner which protects them from wind, rain, and other inclement weather conditions.
26.14 RECYCLABLE MATERIALS TO BE DEPOSITED IN CARTS PROVIDED BY THE CITY. Occupants of single and two (2) to four (4) unit residential buildings (not part of a multifamily dwelling as herein defined) shall place only the following recyclables in City provided carts when and as directed by the City Administrator: Rep. & Recr. 03/21/95, 1607
(a) Aluminum Containers;
(b) Bi-Metal Containers;
(c) Corrugated Paper
or other Container Board;
(d) Foam Polystyrene
Packing;
(e) Glass Containers;
(f) Magazines;
(g) Newspapers;
(h) Rigid Plastic
Containers made of PETE, HDPE, PVC, LDPE, PP, PS and Other Multiple Resins;
and
(i) Steel Containers.
26.15 LOCATION OF RECYCLING CARTS. For daily storage prior to collection, no recycling cart shall be placed, kept, stored or located within the right-of-way of a street or alley. Covers shall be kept closed at all times to prevent rainfall accumulation.
26.16
COLLECTION OF RECYCLABLE MATERIALS PLACED IN RECYCLING CARTS.
(1) Collection of
recyclable materials placed in carts as defined in Section 26.14 shall
be made at least bi-weekly on the same day as regular Garbage and Rubbish
Collection.
(2) Time of Deposit. Recycling carts shall be placed in an area specified hereinafter no later than 7:00 a.m. on the date of collection, but not sooner that 7:00 p.m. on the day preceding collection. Containers shall be removed from the deposit area no later than 7:00 a.m. on the day after collection.
(3) Recycling carts, including material bundled outside the container (i.e. container board) shall be placed within three (3) feet of the curb lawn area, or within three (3) feet of the edge of the alley on private property.
(4) During winter months carts shall not be placed on snow banks, but shall be placed in a cleared section of the deposit area if there is no driveway.
(5) The City will not collect any recyclables generated by, originating from or collected by any non-residential facility or premises.
26.17 MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES, WASTE OIL AND YARD WASTE. Occupants of single family and two to four unit residences, multiple-family dwellings and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as the city administrator shall require by written procedure published in the official newspaper.
Occupants of single
family and two to four unit residences shall prepare, collect and separate
materials designated as recyclable by the city administrator in the future
the city administrator shall prescribe by written procedure published in
the official newspaper.
26.18
RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF MULTIPLE-FAMILY DWELLINGS.
(1) Owners or designated
agents of multiple-family dwellings shall do all of the following to recycle
the materials specified in Section 26.11 (5) through (15):
(a) Provide
adequate, separate containers for the recyclable materials.
(b) Notify
in writing, at least semi-annually, all users, tenants and occupants of
the properties about the established recycling
program.
(c) 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.
(d) 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.
(2) The requirements specified in (1) do not apply to the owners or designated agents of non-residential facilities and properties if the postconsumer 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 26.11 (5) through (15) from solid waste in as pure a form as is technically feasible.
26.19 PROHIBITIONS ON DISPOSAL OF RECYCLABLE MATERIALS SEPARATED FOR RECYCLING. 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 s.1.11(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
26.20 GARBAGE AND REFUSE DISPOSAL. Regulation as to the collection, removal and disposal of refuse in the City of South Milwaukee.
(1) DEFINITIONS. The following words, when used in these regulations, shall have the meanings respectively ascribed to them:
(a)
Refuse - Refuse shall mean garbage, rubbish or both. Refuse does
not include yard waste, liquids or recyclables as
described in
Section 26.11.
(b) Garbage
- Garbage includes all refuse accumulations of animal, fruit or vegetable
matter that attend the preparation use,
cooking, dealing
in or storage of meat, fish, fowl, fruits or vegetables. Liquids
are not garbage.
(c) Rubbish
- Rubbish includes all other refuse except, but not limited to, rocks,
concrete, bricks, wood and lumber, trees,
plaster, dirt,
and other solid material similar to those described herein. Yard
waste is not rubbish.
(d) Special
Pickup - Waste Material - Special pickup - waste material includes, but
shall not be limited to, rocks, concrete,
bricks, wood,
lumber, trees, plaster, dirt, used household furniture and appliances,
and other material similar to those
described herein.
(e) Street Superintendent - The Street Superintendent or his designated representative.
(f) Yard
Waste - Yard waste as used herein is as defined in Wisconsin Statutes 159.07
and includes leaves, grass clippings,
yard
and garden debris and brush including clean woody vegetative material no
greater than six inches in diameter.
(g) Liquids - No liquids will be picked up or disposed of at regular or special pick-ups.
(2) GARBAGE TO BE DEPOSITED
IN CONTAINERS OR ASSEMBLED FOR COLLECTION.
(a) For daily
storage of all garbage created, accumulated or produced shall be deposited
in containers of a type approved by
the Street
Superintendent of the City of South Milwaukee, equipped with suitable handles
and tight fitting covers, and shall be
water-tight.
Each container shall have a capacity of not less than twenty (20) gallons
and not more than thirty-two (32)
gallons.
Containers and the yard area in which they are stored shall be kept in
clean, neat and sanitary condition at all times.
(b) Plastic
bags with a minimum mil thickness of 1.5 are suitable for the deposit of
garbage and refuse and will facilitate
collection
thereof. Use of plastic bags which are securely sealed is encouraged
for collection and daily storage of garbage
and refuse
in approved metal or plastic containers. Plastic bags with garbage
and refuse shall not be stored in the open.
(c) Any
refuse which cannot be placed in a container due to its size, nature or
content, shall be bundled, packaged or
otherwise assembled
for collection.
(3) HOUSEHOLDER TO PROVIDE CONTAINERS. It shall be the duty of every person in possession, charge or control of any place in or from which garbage is created, accumulated or produced, to provide 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 his tenants to furnish proper garbage containers and to keep the area clean. Garbage containers located at multiple dwellings shall be marked so as to indicate the apartment or flat to which they belong.
The owner of any multiple dwelling unit shall be responsible for the proper location of containers including the removal of containers from the pickup locations within the applicable time limits.
(4) MATERIALS DEPOSITED IN GARBAGE CONTAINERS. Refuse may be deposited in appropriate garbage containers for collection. No liquids of any kind may be deposited in any container for collection. Human waste, animal waste, ashes, sawdust and all other potentially infectious or injury-causing materials shall not be deposited or placed in a garbage container for collection unless such material has been approved for collection by the Street Superintendent and is wrapped in a manner satisfactory to the Street Superintendent. Garbage shall be drained of all moisture and completely wrapped in paper before it is placed or deposited in any container for collection.
(5) LOCATION OF CONTAINERS. For daily storage and prior to collection day, no garbage containers for refuse shall be placed, kept, stored or located within the right-of-way of a street or alley and shall be placed on an approved rack, concrete pad or other such base for protection from mud, standing water or other elements. Covers shall be kept on containers to prevent rainfall accumulation or animal littering.
(6) COLLECTION OF GARBAGE
AND RUBBISH.
(a) Time of
Collection. Collection of garbage shall be made at least once a week
on a day certain from private residences and
commercial
establishments. This collection shall be referred to as a regular
pickup.
(b) Time of
Deposit. Containers of garbage and rubbish shall be placed in an
area as specified hereinafter, no later than
7:00 A.M. on
the date of collection, but not sooner than 7:00 P.M. on the day preceding
collection. Containers shall be
removed from
the deposit no later than 7:00 A.M. on the day after collection.
(c) Containers
of garbage and rubbish, including containers as defined herein, or plastic
bags, shall be placed within three
(3) feet of the curb in the curb-lawn area, or within three (3) feet of
the edge of the alley on private property.
(d) Special Conditions for Regular Pickup.
1. During
winter months, plastic bags, containers or other refuse shall not be placed
on snow banks but shall be placed in a
cleared driveway
or a cleared section of the deposit area if there is no driveway.
2. Containers will not be emptied if the container and its containers exceed 50 pounds.
3. Containers which do not comply with the provisions of Section 2 herein shall not be emptied.
4. Bulk debris will not be collected unless properly bundled.
5. Bulk debris will not be collected if it exceeds three (3) feet in length.
6. Special pickup - waste material will not be collected on a regular pickup.
7. City employees
shall not enter onto private property for the collection of garbage and
rubbish, except onto the deposit area,
or to collect special containers which have been approved as to type and
location by the Street Superintendent.
8. City employees
will not remove containers from stationary or portable racks unless said
racks have been approved by the
Street Superintendent.
9. City employees will not remove containers from obstructed locations.
10. Yard waste shall
not be collected during regular pickups and shall only be collected by
special pickups as herein provided.
(7) COLLECTION OF OTHER REFUSE.
(a) The collection
of other material not specifically elsewhere provided for or prohibited
in this ordinance shall be made by
special pickup.
Special pickups shall be subject to the limitations of this ordinance and
to such further limitations as the
Street Superintendent
shall determine are necessary to ensure the collection and disposal does
not violate state or federal
laws, codes
or rules and is not ecologically or economically unreasonable.
(b) The Street Superintendent shall schedule special pickups in accordance with the following schedule:
CURBSIDE
CURBSIDE
SPECIAL
COLLECTION
AREA COLLECTION DAY
COLLECTION DAY
1
MONDAY
TUESDAY
2
TUESDAY
WEDNESDAY
3
WEDNESDAY
THURSDAY
4
THURSDAY
FRIDAY
(c) The Street
Superintendent shall issue specific instructions to the person requesting
a special pickup to facilitate collection.
If said
instructions are not complied with, the City may refuse to collect the
waste material.
(d) When and
as the Street Superintendent determines he is able to dispose of tree branch,
shrub and bush material without
violating any
state or federal laws, codes or rules, tree branch, shrub and bush pickup
or chipping shall be done as scheduled
by the Street
Superintendent. No other yard waste will be collected by special
pickup.
(8) SPECIAL CONDITIONS
FOR SPECIAL PICKUP.
(a) All waste
material shall be bundled, boxed or otherwise assembled to facilitate pickup,
either manually or mechanically,
and shall be
placed in the deposit area in the same manner as for regular pickup.
(b) The
City will not provide special pickup service of waste material which is
the result of work done by a private contractor
even though
a building or demolition permit was issued to the owner of said premises.
Whenever a private contractor performs
work on private
premises from which waste material results, the owner or contractor shall
be responsible for its disposal.
(c) Tree
branches and shrubbery limbs up to 6" diameter which are placed for special
pickup may be left in any lengths. Any
wood exceeding
6" diameter shall be cut into logs not exceeding five (5) feet in length.
(9) HARDSHIP. Persons who are physically unable, due to illness or injury, to deposit garbage or refuse for regular collection as required herein may arrange for a special hardship pickup. Garbage and refuse shall be deposited in plastic bags which shall be securely sealed on the collection day. Plastic bags shall be stored in approved metal or plastic containers which shall be located on the property in a location approved by the Street Superintendent. Plastic bags with garbage and refuse shall not be stored in the open.
(10) SPECIAL
CONDITIONS RELATING TO REGULAR AND SPECIAL PICKUPS.
(a) City employees,
in the collection of garbage and rubbish or special pickup - waste material,
shall not enter onto private
property, either
on the outer or inner premises of said private property to remove or collect
said garbage and refuse except from
the deposit
area.
(b) It shall
be unlawful for any person other than authorized agents or employees of
the city to collect or dispose of garbage
and rubbish
in the City of South Milwaukee except as herein provided.
(c) It shall
be unlawful for any person to deposit garbage or rubbish in any deposit
area which is not adjacent to the property
he owns or
occupies without the consent of the owner of the property adjacent to the
deposit area.
(11) COLLECTION
AND DISPOSAL OF REFUSE OTHER THAN BY THE CITY.
(a) Notwithstanding
the provisions herein, refuse which is not deposited in garbage containers
or special containers approved
for commercial
collection and collected by the city may be collected and deposited of
by private refuse haulers.
(b) All vehicles
used to transport said refuse by private refuse haulers shall be equipped
with special equipment to prevent
refuse from
blowing out, falling out or otherwise escaping from such vehicle.
(c) Private
refuse haulers shall comply with all applicable rules and regulations established
by the Street Superintendent and
Wisconsin Department
of Natural Resources.
(12) NUISANCE. The keeping of refuse in containers other than those described herein or the keeping of garbage and refuse upon premises which is allowed to become offensive shall constitute a public nuisance and shall be abated in the manner provided by law.
(13) ENFORCEMENT. Any police officer, health officer, Public Health Administrator or designee, the Street Superintendent or his appointed designees may issue a citation for violation of the provisions of this ordinance.
(14) PENALTY PROVISION. The penalty for violation of any of the provisions of this ordinance shall be a forfeiture and said forfeiture shall be as follows:
1st Offense
- $ 50.00 plus costs.
2nd Offense
- $200.00 plus costs.
3rd Offense
& Additional Offenses - $2,000.00 plus costs.
26.21 RECYCLE CENTER REGULATIONS. Regulation as to the self deposit of garbage and refuse in the City of South Milwaukee Recycle Center.
(1) DEFINITIONS. The following words, when used in these regulations shall have the meanings respectively ascribed to them:
(a) Refuse -
Refuse shall mean garbage, rubbish or both. Refuse does not include
yard waste, liquids or recyclables as
described in
Section 26.11.
(b) Garbage
- Garbage includes all refuse accumulations of animal, fruit or vegetable
matter that attend the preparation use,
cooking, dealing
in or storage of meat, fish, fowl, fruits or vegetables, and containers
originally used for foodstuffs. Liquids
are not garbage.
(c) Rubbish
- Rubbish includes all other refuse except, but not limited to, rocks,
concrete, bricks, wood and lumber, trees,
plaster, dirt,
and other solid material similar to those described herein. Yard
waste is not rubbish.
(d) Street Superintendent - The Street Superintendent or his designated representative.
(e) Yard Waste
- Yard waste as used herein means those materials defined in Wisconsin
Statutes 159.07 and includes leaves,
grass clippings,
yard and garden debris and brush including clean woody vegetative material
no greater than six inches in
diameter.
(f) Liquids
- No liquids may be disposed of at the Recycle Center except those the
Street Superintendent is able to recycle
and then only
in those receptacles which the Director designated for collection of such
liquids.
(2) GARBAGE TO BE DEPOSITED
IN CONTAINERS OR ASSEMBLED FOR COLLECTION.
(a) Garbage
and refuse shall be assembled and stored for disposal in the Recycle Center
in accordance with the provisions of
rules promulgated
by the City Administer.
(3) MATERIALS DEPOSITED IN RECYCLE CENTER COMPACTOR. Refuse may be deposited directly into the Recycle Center Compactor. No liquids of any kind may be deposited in the compactor. Human waste, animal waste, ashes, sawdust or other potentially infectious or injury-causing materials shall not be deposited or placed in the compactor unless such material is approved by the Street Superintendent and wrapped in a manner satisfactory to the Street Superintendent or Operator. Garbage shall be drained of all moisture and completely wrapped in paper before it is placed or deposited in the compactor.
(b) No yard
waste, including grass clippings and leaves, shall be deposited at the
Recycle Center Compactor except as
allowed by
the Street Superintendent.
(c) Any garbage,
rubbish or material of any kind generated by, originated from or collected
by any non-residential facility or
premises as
defined in Sec. 26.10(12) shall not be deposited or accepted at the Recycle
Center.
(4) SELF DEPOSIT OF GARBAGE
AND RUBBISH IN THE RECYCLE CENTER.
(a) Time of
Deposit. Hours of operation of the self Deposit Station shall be
determined by the Street Superintendent based on usage and budgetary needs.
(5) SELF DEPOSIT OF METALS
AND OTHER MATERIALS.
(a) Shall be
deposited in a manner and location directed by the Recycle Center Operator.
(b) The City
will not accept or allow deposit of waste materials by private contractors
or accept materials which are a result of
work done by
a private contractor even though a building or demolition permit was issued
to the owner of said premises.
Whenever a
private contractor performs work on private premises from which waste material
results, the owner or contractor
shall be responsible
for its disposal.
(c) Material
originated from a property or building not within the city limits of the
City of South Milwaukee shall not be
deposited at
the Recycle Center or at the curb for pick-up.
26.22
SCAVENGING.
(a) It shall be unlawful
for any person, other than authorized employees of the Street Department
or the Recycling firm employed by the City, to pick through, sort, scavenge
or remove recyclable materials from any property served by the City's Street
Department or Recycling firm, when such recyclables are sorted and stored
for collection as described in this section.
(b) It shall be unlawful for any person other than those approved by the owner or manager to pick through, sort, scavenge or remove recyclable materials from multiple-family dwellings and/or private non-residential facilities or properties.
26.23
ENFORCEMENT.
(1) For the purpose of ascertaining
compliance with the provisions of this ordinance, any authorized officer,
employee or representative of the City of South Milwaukee may inspect recyclable
materials separated for recycling, postconsumer 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 refuse containers to any authorized officer, employee
or authorized representative of City of South Milwaukee who requests access
for purposes of inspection, and who presents appropriate credentials.
No person may obstruct, hamper, or interfere with such an inspection.
(2) Any person who violates a provision of this ordinance may be issued a citation by the City Administrator or his designee. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.
(3) Penalties for violating
this ordinance may be assessed as follows:
(a) Any person
who violates Section 26.19 may be required to forfeit $50.00 for a first
violation, $200.00 for a second violation,
and not more
than $2,000.00 for a third or subsequent violation.
(b) Any person
who violates a provision of this ordinance, except Section 26.19, may be
required to forfeit not less than
$10.00 nor
more than $1,000.00 for each violation.