225 Refuse and Recycling 081215

STATE OF WISCONSIN
WAUKESHA COUNTY
VILLAGE OF ELM GROVE
CHAPTER 225
THE VILLAGE OF ELM GROVE CODE OF ORDINANCES
REFUSE, RECYCLING AND YARD WASTE COLLECTION AND DISPOSAL
THE VILLAGE BOARD OF THE VILLAGE OF ELM GROVE DO ORDAIN AS FOLLOWS:
Section 1: §225 Garbage, Refuse and Yard Waste Collection and Disposal of the Village of Elm Grove
Code of Ordinances is hereby created to read as follows:
§225-1 Purpose
The purpose of this chapter is to provide for the regulation, removal and disposal of garbage, refuse,
recyclables and yard waste from Village plotted lots with one, two and three dwelling residences.
§225- 2 Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
COMMERCIAL
Refers to business enterprises and activities associated therewith, including churches, public and
parochial educational institutions, charitable organizations and Village plotted lots with four
dwelling units and greater multi-family buildings.
CONSTRUCTION WASTE
Waste, materials and debris from building construction, alterations or repairs and earth from
excavation.
CONTRACTOR
An individual or business entity which in the course of performing work for payment, creates,
collects or transports Construction Waste, Refuse, Recyclable Material, Garbage, or Yard Waste.
GARBAGE
Waste, spoiled food, and or any plant matter incidental to and resulting from the use, preparation
and storage of food but does not include items when enclosed in containers of a noncombustible
nature.
PREMISES
A parcel of land which may consist of one or more lots upon which any building or group of buildings
is located and shall include more than one building located upon a lot or lots under a single
ownership or management.
RECYCLABLE MATERIALS
Materials as defined by state law, rules and regulations, a list of which will be maintained by the
Department of Public Works.
REFUSE
All residential solid waste, putrescible and non- putrescible; combustible materials; including
Garbage, ashes and solid materials but excluding Construction Waste and Yard Waste.
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YARD WASTE
Organic waste produced from the growing, trimming and removal of branches, brush, grass, tree
limbs, logs, bushes, shrubs, leaves, plants, roots, stumps, garden debris and similar items.
VILLAGE
The Village of Elm Grove or any solid waste contractor acting on its behalf.
§225-3 Yard Waste; Construction Waste
A. No person shall dump, place or cause to be placed on any part of the right-of-way of any public
roadway any Yard Waste, Construction Waste, Garbage, Refuse or other litter of any kind except as
hereinafter specifically permitted.
B. Refuse, Construction Waste, Garbage or Yard Waste created, collected, or transported by a
Contractor shall not be collected by the Village. Yard Waste created, collected or transported by
Contractors shall not be dumped at the Department of Public Works facility and the collection and
disposal of which shall be the responsibility of the property owner.
C. Yard Waste limitations. Residents in a one, two or three family dwelling units may dispose of Yard
Waste through the methods listed hereunder.
(1) Branches, tree limbs, brush and logs will be collected by the Village’s Department of Public
Works on a scheduled basis provided that the following requirements are met:
(a) Branches, tree limbs and brush shall not exceed six feet in length, and not exceed six inches
in diameter.
(b) Logs shall not exceed three feet in length and thirty inches in diameter.
(c) Branches, tree limbs, brush and logs shall be placed with the cut ends pointed one direction,
laying parallel to the roadway at the roadside with logs stacked separately from the brush.
(d) Branches, tree limbs, logs and brush shall not be placed at the roadside any earlier than the
seventy-two hours preceding the scheduled period pick up week. It shall be placed prior to 7
a.m. prior to the Monday of the pick-up week.
(2) Leaves will be collected in the fall by the Village’s contracted refuse hauler provided they are
contained within paper yard waste bags provided by the Village for a fee or a paper yard waste
bag with the proper sticker purchased from the Village and are placed at the roadside. Leaves
will be collected in this manner beginning in October through the end of November, weather
permitting, and at other times as determined by the Village Board.
(3) Yard Waste may be taken to the Department of Public Works facility as set forth under §225-6.
§225-4 Preparation, Storage and Disposal of Refuse and Recycling
A. Refuse and Recyclable Materials, unless specifically excluded, shall be collected by the Village’s refuse
contractor in a manner that is regulated by the Village.
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B. Preparation of materials for disposal.
(1) All liquid producing Refuse must be well-drained and wrapped for disposal. All Refuse must
be contained in such a way as to prevent blowing materials at all times. All sharp objects
likely to protrude through a plastic bag and cause injury must be placed in a sturdy container
prior to disposal.
(2) Those Recyclable Materials items which contained food must be rinsed clean. Recyclable
Materials must be separated from other refuse as according to state law and placed in a
separate recycling container. Recyclable Materials must be contained in such a way as to
prevent blowing materials at all times.
(3) No residential pick up may be made when the Refuse or Recycling Container contains
unacceptable materials.
C. Refuse containers shall be furnished by the resident and shall not exceed 40 gallons in size nor shall
they be loaded to exceed 60 pounds when full. Any refuse container in a deteriorated or unsanitary
condition must be cleaned, restored or replaced by the resident.
D. Recycling containers shall be issued by the Village and must stay with the property. Any recycling
container in a deteriorated or unsanitary condition may be replaced by the Village.
E. Refuse and recycling containers must be out and available for pick up by 7:00 a.m. the day of
scheduled pickup.
F. Refuse and recycling containers shall be returned, by the property owner, to their point of storage
within 12 hours after pickup. Refuse and recycling containers must be stored as prescribed under
§220-10 of the Village Code.
§225-5 Special Refuse and Brush collection
A. Large appliances or bulky materials will only be picked up by special pickup scheduled in advance
through the Village’s contracted garbage and refuse hauler. Items to be picked shall be placed as
required by the Village’s waste hauler.
B. Residents may request to have their branches, tree limbs, and brush picked up on days other than
the regular neighborhood pick up may request a special pick up upon payment in advance, fees shall
be established by the Village Board. The manner in which brush is picked up shall be the same as set
forth under §225-3C.
§225-6 Department of Public Works Facility
A. Allowable Usage. Use is restricted to residents of the Village and Village property owners. Village
business owners, tax exempt property owners and Village employees are allowed usage of the facility
provided that they obtain a permit for facility use. Use and access of the facility is permitted during
posted hours only.
B. Termination of Usage. Any Village resident, Village property owner, Village business owner, tax
exempt property owner or Village employee who displays abusive behavior, either toward facility
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personnel or toward the well-being of the facility, may be disallowed use of the facility, for a period
of time determined by the Village Manager.
C. Allowable Materials. A list of materials acceptable to be left at the facility will be updated and
maintained by the Village. Materials must be prepared as specified on said list. Materials without
proper preparation may be rejected, root balls, stumps, shrubs with root balls, are not accepted at
the Public Works Facility. Failure to comply may result in disallowance of facility use.
§225-7 Fees
A. A Fee for Garbage, Refuse, Recycling and Yard Waste collection for one, two and three dwelling
residential units shall be placed on the property tax bill as a special charge. Said feel shall be
determined by a resolution of the Board of Trustees.
B. A fee for a permit for the use of the Public Works Yard Waste disposal facility for tax exempt
properties, Village Business owners and Village Employees shall be determined by a resolution of the
Board of Trustees.
§225-8 Penalty
Any person violating any provisions of this code shall be subject to a violation for each and every day or
portion thereof during which any violation of any provision of this code is committed, continued or
permitted, and, upon the conviction of any such violation, such person shall be subject to a penalty as
provided in §1-16 of this Code.
Section 2: If any section, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remainder of such ordinance.
Section 3: This ordinance shall take effect and be in full force from and after its passage.
VILLAGE OF ELM GROVE
Dated this 24th day of August, 2015
Neil H. Palmer, Village President
Mary S Stredni, Village Clerk
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