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HomeMy WebLinkAbout11-390AUGUST 10, 2011 AUGUST 23, 2011 11 -362 FIRST READING SECOND READING (CARRIED 6 -0 LOST LAID OVER_ AS AMENDED 11 -390 ORDINANCE WITHDRAWN ) PURPOSE: REPEAL AND RECREATE SOLID WASTE DISPOSAL / SECTION 23 -1, DEFINITIONS / SECTION 23 -3, RECYCLING REQUIRED, RELATING TO SEPARATION OF DESIGNATED MATERIALS / SECTION 23 -8, POINT OF STORAGE & POINT OF COLLECTION, RELATED STORAGE OF CARTS & PLACEMENT FOR COLLECTION / SECTION 23 -9, GENERAL REQUIREMENTS, RELATED TO CART EXEMPTION PROGRAM / SECTION 23 -15, NON - RESIDENT REFUSE DISPOSAL PROHIBITED RELATED TO FEES INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING CHAPTER 23 - SOLID WASTE DISPOSAL, SECTION 23 -1 PERTAINING TO DEFINITIONS, SECTION 23 -3 PERTAINING TO RECYCLING REQUIRED, SECTION 23 -8 PERTAINING TO POINT OF STORAGE AND POINT OF COLLECTION, SECTION 23 -9 PERTAINING TO GENERAL REQUIREMENTS, AND SECTION 23 -15 PERTAINING TO NON - RESIDENT REFUSE DISPOSAL PROHIBITED. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Chapter 23, Solid Waste Disposal, Section 23 -1 of the Oshkosh Municipal Code pertaining to the Definitions is hereby repealed and recreated to read as follows: SECTION 23 -1 Definitions The following definitions shall apply unless a different meaning appears from the context. (A) "Appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove, residential and commercial furnaces, boilers, dehumidifiers, and water heaters. (B) "Bi -metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum. (C) "Cart" means City of Oshkosh containers available through the Sanitation Division which are collected by automated collection vehicles. (D) "Electronics" includes but is not limited to: computers and computer peripherals, monitors, televisions and other video display devices, fax machines, DVD and VCR players, printers and cell phones. State of Wisconsin DNR list of banned electronics to be the determining factor as to what can be legally collected as trash. (E) "Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria: (1) is designed for serving food or beverages; (2) consists of loose particles intended to fill space and cushion the packaged article in a shipping container; or (3) consists of rigid materials shaped to hold and cushion the packaged article in a shipping container (F) "Garbage" means discarded materials resulting from the handling, processing, preparation, storage, cooking and consumption of food, and discarded animal feces. (G) "Hazardous substance" means any substance or combination of substances which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment. This term includes, but is not limited to, pesticides and substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives, as determined by the Department of Natural Resources (H) "Institutional" means a non - profit establishment for public use including but not limited to the following: structures owned or operated by the county, state or federal government, or any subdivision thereof, excluding property owned or operated by the City of Oshkosh; a University school; hospital; church; or care facility for the elderly or disabled. (1) "Medical waste" means infectious waste and those containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste. (J) "Multiple dwelling" means residential structures with more than four dwelling units located within a structure or a complex of structures with at least one structure in the complex consisting of more than four dwelling units. (K) "Plastic container" means an individual, separate, and rigid bottle, can, jar or carton, made from plastic, except for a blister pack as defined in Sec. 100.33(1)(c), Wis. Stats., as may be amended from time to time, that is originally used to contain a product that is the subject of retail sales defined in Sec. 100.30(2)(h), Wis. Stats., as may be amended from time to time. (L) "Recyclable material" means material in solid waste for which there exists a commercially demonstrated processing or manufacturing technology which uses the material as a raw material. (M) "Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt, plaster, tires, batteries, antifreeze, automotive engine waste oil, yard waste and building, demolition materials, and recyclables. (N) "Residential" means (1) a structure consisting of no more than four dwelling units as that term is defined within Chapter 30 of this code (2) a complex of structures with each structure in the complex consisting of no more than 4 dwelling units, or (3) a condominium association. (0) "Solid waste" means garbage, refuse, recyclable materials and all other discarded or salvageable solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from domestic use and public service activities. (P) "Yard waste" means leaves, grass clippings, yard and garden debris, and brush including clean woody vegetative material no greater than three (3) inches in diameter. This term does not include yard and garden debris and brush in excess of three (3) inches in diameter, stumps, roots or shrubs with intact root balls. SECTION 2. That Chapter 23, Solid Waste Disposal, Section 23 -3 of the Oshkosh Municipal Code pertaining to Recycling is hereby repealed and recreated to read as follows: SECTION 23 -3 Recycling Required All occupants of buildings, both residential and non - residential, shall separate for recycling the following materials as designated and publicized for recycling by the Director of Public Works: Single Stream Blue Cart Items (1) Aluminum containers (2) Bi -Metal containers (3) Corrugated paper or other container board (4) Glass containers (5) Magazines (6) Newspapers (7) Office paper (8) Plastic containers labeled by SPI (Society of the Plastics Industry) codes #1 & 2 (narrow neck) (9) Steel containers Recyclable Items — Special Collection & / or Disposal Required (1) Waste Oil - see Section 23- 9(J)(1) (2) Lead Acid Batteries - see Section 23- 9(J)(2) (3) Waste Tires - see Section 23- 9(J)(2) (4) Electronics - see Section 23- 9(J)(3) (5) Yard Waste - see Section 23 -9(K) (6) Major Appliance - see Section 23- 9(L)(1) SECTION 3. That Chapter 23, Solid Waste Disposal, Section 23 -8 of the Oshkosh Municipal Code pertaining to the Points of Storage and Collection is hereby repealed and recreated to read as follows: SECTION 23 -8 Point of Storage and Point of Collection. (A) Storage (1) No person shall store or permit to be store upon property owned by them and garbage, recycling, yard waste, refuse, or any container for any of these items in violation of this section. Solid waste shall be stored to the rear of a dwelling, unless visual screening is in place preventing containers for solid waste from being visible to the front or side of a property. (a) Prohibit storage in the front yard of any building as defined by Chapter of this Municipal Code (2) Notwithstanding paragraph (A)(1) above, solid waste shall not be stored in the following locations: (a) On any side of a building that faces a public right -of -way except alleys. (b) On, under or alongside of a front porch, stoop, landing, accessible ramp, or deck fronting on the public right -of -way, or (c) Within 15 feet of the public right -of -way except during collection time periods. (3) Variance to this section may only be approved in writing by the Board of Public Works. (4) No person shall store any garbage, recycling, yard waste, refuse or any container for any of these items in violation of this section. (5) Pursuant to State Statutes, a special charge for collection of any items maybe imposed against any parcel or property for any items placed within the terrace or public right -of -way before or after scheduled collection periods. (B) Collection (1) All solid waste must be placed for collection on the terrace or at the edge of the roadway in the public right -of -way area where no terrace exists. (2) If the property owners sign a waiver and release, releasing the City from damage liability to curbs, gutters, sidewalks and driveways, the City may collect solid waste from the following private roadways: Kope Avenue, Cove Lane, Crimson Lane, Magnolia Avenue, Indigo Drive, Virginian Street, Glenwood Drive, Glenway Drive, Glenwalk Drive, Glenview Lane, Glenshire Lane, Glenkirk Lane, Glenhurst Lane, Glenbrook Lane, Glenayre Lane, Lakeview Court and the private roadways within Lakeview Mobile Home Park. All solid waste must be placed for collection on the edge of the private roadway. (3) If the property owners sign a waiver and release, releasing the City from damage liability to curbs, gutters, sidewalks and driveways, the City may collect solid waste from private driveways in condominium associations. All solid waste must be placed for collection on the edge of the private driveway. (4) Solid waste shall not be placed out for collection before 4 o'clock P.M. of the day preceding a regularly scheduled pick -up or a previously announced date for collection of recyclable materials and containers shall be returned by the persons to the point of storage within twelve (12) hours after collection. Containers must be set out by 7:00 a.m. on the day of collection. A collection charge and administrative fee per occurrence will be assessed when the City must return to collect a container set out after the regularly scheduled collection has occurred, the amount charged to each lot or parcel of land shall be charged to the owner of the property and if not paid shall be assessed against the real estate as a special charge pursuant to State Statutes. (C) Solid Waste Cart Placement ecommen ationc Requirements (1) Carts shall be placed within 1 foot of the curb or edge of pavement with the arrow on the lid facing the street. Area's that have no terrace should place their cart at the house edge of the sidewalk (2) There must beat least 3 feet of space between the cart and other objects, i.e.: trees, poles, mailboxes, plantings, parked cars, and garbage /refuse. (3) Carts that cannot be collected without causing possible damage to property or vehicles will not be collected until the resident corrects the problem(s) (4) Carts must remain at ground level. During winter months, residents will need to clear an area at the curb or driveway apron for cart placement. Carts placed on top of snow banks will not be collected. SECTION 4. That Chapter 23, Solid Waste Disposal, Section 23 -9 of the Oshkosh Municipal Code pertaining to General Requirements is hereby repealed and recreated to read as follows: SECTION 23 -9 General Requirements (A) All garbage shall be drained and wrapped in paper and kept in containers of galvanized iron or other non - rusting metal, non - breakable plastic or rubber, or in plastic bags. (1) If garbage is stored and placed upon the terrace for collection in plastic bags, such bags shall be intended for such use, have a thickness of no less than 1.3 mils and be properly secured. Unless such bag is designed for use with a garbage compactor, paper sacks or bags shall not be considered an adequate container and shall not be picked up. Bags shall not exceed thirty -five (35) gallons in capacity or 50 pounds in weight. (2) If garbage is placed in containers such garbage shall be placed in bags as described in paragraph (1) above or otherwise secured in a manner which prevents the blowing or scattering of materials from the container. (3) Containers shall not exceed thirty -five (35) gallons incapacity or a combined weight of fifty (50) pounds. Metal, plastic and rubber containers shall have undamaged lifting handles. Lids shall be removed from all containers when set on the terrace for collection. (B) (Repealed 1/9/07) (C) No rear loaded containers (dumpsters) shall be allowed with the exception of Lake Rest Lane and Municipal Properties (D) Bulky items, such as brush less than three (3) inches in diameter, corrugated paper, floor covering shall be tied in bundles not to exceed four (4) feet in length, nor fifty (50) pounds in weight. (E) Recyclables (1) Containers All residential dwelling units; multiple family units; commercial, institutional and industrial establishments shall separate the containers and packaging materials designated under section 23 -3 for recycling. If the unit or establishment receives collection from the City, these materials shall be placed at the street in accordance with the rules, procedures, and schedules specified by the Board of Public Works. (2) Paper Materials All residential dwelling units; multiple family units; commercial, institutional and industrial establishments shall separate the materials designated under section 23 -3 for recycling. If the unit or establishment receives collection from the City, the paper materials specified above shall be placed at the street in accordance with the rules, procedures, and schedules specified by the Board of Public Works. (3) If such materials are not properly prepared for collection or are commingled with other acceptable solid waste materials placed for collection, subparagraph (0) will apply. (F) Cart Exemption Program (1) Residents that are physically unable to place their cart(s) at the curb, may apply for an exemption (2) Residents must submit proof of their medical or other condition that does not allow them to bring their cart(s) to the curb. Exemption forms maybe obtained by contacting the Sanitation Division. Forms must be signed by the medical provider and returned to the Sanitation Division Office. Medical exemptions must be renewed annually. (3) Exempt Residents must keep a clear pathway to the cart during inclement weather, and secure any animals on the property during collections. (G) (RESERVED) (Repealed 4/14/09) (H) Ashes shall be placed in plastic bags not less than two (2) mil thickness. No more than twenty -five (25) pounds of ashes shall be placed in each bag. (1) Animal feces shall be properly disposed of by wrapping in paper, then placing it in a suitable plastic disposable container. (J) Stones, concrete, dirt, tires, batteries, antifreeze, medical waste, hazardous substances, electronics, and automotive engine waste oil are not allowed in the solid waste stream and will not be picked up. Any container with such prohibited materials will not be picked up. (1) Disposal of automotive engine waste oil, which shall be free of all contaminants, solvents, hazardous materials, etc., shall be permitted at City- designated collection sites. No person residing outside the City limits shall bring into the City and dispose at any City- designated collection site any automotive engine waste oil. (a) As used in this section: automotive engine oil means any oil to be used in the engine or crankcase of a motor vehicle; engine waste oil means automotive engine oil after it is used and removed from the engine or crankcase of a motor vehicle but before that oil is recycled; motorvehicle means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile or vehicle which travels on or off roads or highways. (2) Lead Acid Batteries /Waste Tires shall be taken to a vendor or other establishment capable of properly processing these items. A list of vendors or other establishments shall be established and made available to the public through the office of the Sanitation Division of the Department of Public Works. (3) Electronics includes but is not limited to: computers and computer peripherals, monitors, televisions and other video display devices, fax machines, DVD and VCR players, printers and cell phones. As of September 1 st , 2010, electronics were banned from Wisconsin landfills and are not allowed in the waste stream. Electronics must be recycled through local vendors or the Winnebago County Landfill Drop off Site. The City will not collect these items at the curb. See the State of Wisconsin, Bureau of Waste and Materials Management, Wisconsin Department of Natural Resources for an updated list of electronics to be recycled. DNRWasteMatreials @Wisconsin.gov (K) Yard waste, except brush as outlined below, shall not be allowed in the solid waste stream and will not be collected. Such waste shall be deposited only at the City- designated collection site. Such waste shall be deposited loose and only during the hours posted at the collection site. The collection site may be used after purchasing a permit for the yearly fee established by the Common Council as part of the budget process. Brush may be set out for collection once per month, provided it is prepared for collection as outlined in this Chapter, and may also be deposited at the City- designated collection site as yard waste. Twigs and hedge trimmings may be set out for collection at the same time as brush collection provided that such items are placed within biodegradable paper bags. Yard waste which is brought to the drop off center shall not exceed six (6) inches in diameter and /or six (6) feet in length. All yard waste being transported to the drop off center must be properly secured with a tarp. The deposit of stumps, stones, and dirt shall be prohibited at the drop off center. Private tree care or gardening /landscape contractors shall be prohibited from using the drop off center. (L) Items Requiring Special Prepaid Fees for collection (1) Appliances and other items containing metal which include but are not limited to engines, car parts, swing sets, piping, springs, lawn mowers, bicycles, which require special arrangements for pick -up must be kept separate from all other solid waste. No person, property owner, or occupant or person in charge of the property shall place such items for pick -up and disposal by the City unless the person has previously arranged for a special pick -up of such items by payment in person to the City Treasurer at City Hall of a $23.00 per appliance and $13.00 per item for other metal containing items. (2) Large items, which include but are not limited to: mattresses, box springs, hide -a -beds, upholstered furniture such as couches, davenports, love seats, recliners, chairs; kitchen and dining room tables; desks; entertainment centers and other entertainment consoles; dressers, vanities, chest -of- drawers and similar furniture; head boards, and objects larger than three -foot by three -foot by three -foot, which require special arrangements for pick -up must be kept separate from all other solid waste. No person, property owner, or occupant or person in charge of the property shall place such items for pick -up and disposal by the City unless the person has previously arranged for a special pick -up of such items by payment in person to the City Treasurer at City Hall of $10.00 per item. (M) The owners of the collection containers shall keep them clean and in a sanitary condition. Maintenance and repair of all containers used for the collection of garbage and refuse shall be the responsibility of the owner. (N) The owner of the property shall be responsible for maintaining the recyclable area. The owner shall keep the area free of any junk, litter, debris or other condition. If other materials are mixed with recyclable materials in a dumpster or otherwise, the material shall be tagged and left on site. The owner of the property shall be responsible to either dispose of the materials or to separate the materials into recyclable and non - recyclable materials for proper pickup at the next scheduled pickup date. (0) If solid waste or recyclable materials are not prepared according to the provisions of this Chapter, or are not placed in suitable containers or location or if a container is damaged, employees of the Sanitation Division shall "tag" these containers and pick -up shall not be made until the condition is remedied in compliance with this ordinance. SECTION 5. That Chapter 23, Solid Waste Disposal, Section 23 -15 of the Oshkosh Municipal Code pertaining to Non - Resident Refuse Disposal is hereby repealed and recreated to read as follows: SECTION 23 -15 Non - Resident Refuse Disposal Prohibited (A) No person residing outside the City limits shall bring into the City for disposal any garbage, rubbish or other items of a combustible or noncombustible nature. (B) Any person violating the provisions of this Section shall be assessed the actual costs incurred by the City for proper disposal together with an administrative charge. The imposition and collection of any forfeiture prescribed by this Chapter shall not bar the right of the City to collect the costs of disposal as herein provided. Add to SECTION 23 -18 (c) No violation for storage of recycling or refuse containers under Section 23 -8 may be considered under this chapter unless the person /property owner has received a written warning for the violation. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 7. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #11 -390 (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ON SOLID WASTE DISPOSAL REPEALING AND AMENDING SECTIONS 23 -1, 23-3,23-8,23-9, AND 23 -15 on August 23, 2011. The ordinance adds definitions related to carts and electronics, revises the list of items to be separated for recycling, outlines the proper storage and placement of carts, adds an explanation of the cart exemption program for residents that are physically unable to place their carts at the curb, and updates a section which includes electronics being banned from Wisconsin landfills. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. Bold & Italics indicates amendments CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh5 903130 City of Oshkosh 0 OfHKCYH TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works DATE: August 4, 2011 RE: Chapter 23 of the City of Oshkosh Municipal Code - Revisions Relating to Disposal of Garbage and Recyclable Materials BACKGROUND Chapter 23 of the City of Oshkosh Municipal Code covers the regulations relating to the disposal of garbage and recyclable materials. The current text of this chapter needs to be revised to clarify procedures required due to the conversion to single stream recycling and the associated automated collection equipment. Revisions are also required to clarify the electronics recycling requirements that were recently instituted by the State of Wisconsin Department of Natural Resources. ANALYSIS The following changes are recommended: 23 -1(C) and 23 -1(D) — Create definitions for "cart' and "electronics" 23 -3 — Clarify items to be recycled in the blue cart and also highlight municipal code sections that explain collection or disposal of waste oil, lead acid batteries, tires, electronics, yard waste, and appliances 23 -8(A) — Amend solid waste storage location for residential properties 23 -8(C) — Create collection placement requirements for carts 23 -9(C) — Allow dumpster collection for Lake Rest Lane 23 -9(F) — Create exemption program for residents that are physically unable to move a cart 23 -9(J) — Create requirement for recycling of electronics 23 -9(K) — Clarify that tree care and landscape contractors are prohibited from using the yard waste drop - off site 23- 9(L)(2) — Amend to exclude electronics and to eliminate $50 cap for disposal of large items FISCAL IMPACT These changes are not anticipated to create any changes to expenses or revenues for the operating budget of the Sanitation Division. RECOMMENDATION Staff recommends approval of this ordinance at the second reading. Respectfully Submi ed, Approved: David C. Patek Mark A. Roh off Director of Public Works City Manager + H: \tracyt \MEMOS TO MAYOR & COMMON COUNCIL \2011 \Chapter 23 Municipal Code Changes _84- 11.doc V� CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 903 -1130 City of Oshkosh — O.fHKO.fH TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works Lynn A. Lorenson, City Attorney DATE: August 18, 2011 RE: Amendments to the Proposed Solid Waste Disposal Ordinance BACKGROUND At its August 10, 2011 meeting, the Common Council discussed proposed changes to the City's Solid Waste Ordinance primarily related to the storage of recycling and refuse containers or carts. Along with general discussion of aesthetics, courtesy and common sense, council members discussed a number of potential modifications to the proposed ordinance. Should council members wish to amend the proposed ordinance to incorporate the suggested changes, the following potential amendments could be considered. ANALYSIS I. Incorporation of a Warning System and Tiered Forfeiture. A. Issuance of a Warning Prior to Citation. Although employees enforcing city ordinances have discretion to issue a warning prior to the issuance of a citation and current department practice is to issue warnings, it was suggested that for the purposes of enforcing this particular ordinance, that a formal process be established which required a warning be issued prior to the issuance of a citation for violation of the ordinances related to the storage of recycling and refuse containers. Should the Council wish to amend the ordinance to specifically require a warning be issued prior to enforcement action being taken, staff would recommend: "I move to amend the proposed ordinance to insert an additional section requiring city staff to issue a written warning prior to the issuance of a citation .• +.1. for violations of this chapter related to storage of recycling or refuse containers." If the amendment would pass, staff would propose to add a paragraph to the penalties section of the ordinance which would state: "No violation for storage of recycling or refuse containers under section 23 -8 may be considered under this chapter unless the person /property owner has received a written warning for the violation." Council had requested information related to the potential costs related to implementing a warning system. Staff would anticipate that an effective warning system would require a computer database be established and maintained to note which properties had received warnings. In addition, for the type of violations that would be anticipated from failure to comply with requirements related to storage of carts, staff would anticipate that a staff person would take photos of the violation which would be downloaded and maintained, warning(s) (whether formally required by the ordinance or not) would likely be given, follow up photos would be taken if there remained issues of non - compliance, and ultimately citations could be issued. As was noted during the Council's discussion related to this ordinance, the City did calculate an average time for dealing with a sidewalk shoveling complaint which would involve a similar procedure. It was estimated that it costs the city an average of $25 to process each sidewalk complaint. While the process in this instance would vary somewhat from the process for shoveling, staff would anticipate similar costs to process solid waste storage complaints. B. Tiered Forfeiture. The City's established base forfeiture for violations when not specifically established by a particular ordinance is $75 plus costs for adults (for a total of $ 232.00) and $50 for juveniles (juvenile forfeitures do not include court costs). It is not uncommon to have tiered forfeitures and it also would not be uncommon to have a lesser base forfeiture for an offense such as this where it is based in local code only. Typically, one might expect to see a progressive range of forfeitures with two to three steps, with any further violations in the same year being subject to the same amount. As noted above, the addition of court costs can significantly raise the amount of any proposed forfeiture amount. For example a $10 base forfeiture is $150.10 with court costs, $25 is $ 169.00, and $50 is $200.50. Should the council wish to amend the ordinance to establish a tiered forfeiture schedule, staff would recommend; "I move to amend the proposed ordinance to provide for a tiered forfeiture schedule for violations of section 23 -8 relating to the point of storage and point of collection for containers to provide for a $X forfeiture for a first violation, $XX for a second [and $XXX for a third] and subsequent violations within a one year period." If the amendment would pass, staff would add a paragraph to the penalties section of the ordinance to reflect the forfeitures established by the amendment. II. Clarifying Heading related to Recommendations /Requirements for Solid Waste Cart Placement Section 23 -8(C) of the proposed ordinance was headed "Solid Waste Cart Placement Recommendations ". As noted during the discussion at the August 10, 2011 Council meeting, while the specifications set forth in that section may have some leeway in application, they are written in mandatory language and are necessary for the optimal performance of the equipment. Staff would recommend that Council amend the language as follows: "I move to amend the heading of Section 23 -8(C) to change the word Recommendations to Requirements ". III. Lack of options for Placement of Carts During the discussion of the ordinance, several council members questioned how the City would deal with properties that truly had no where to place carts in compliance with the new ordinance. The ordinance was drafted to attempt to give property owners several options for cart storage. Carts might be stored within one's garage, a shed or other structure, at the rear of a dwelling, or within an area that was screened. But recognizing that even with these multiple options, there may be properties that have unique characteristics, staff had included a provision for a variance to be approved by the Board of Public Works (City Manager). Staff believed that this provision provided an additional option for those properties that might truly have undue hardship in meeting the proposed ordinance requirements. IV. Eliminate Front Yard Storage only — aka the "Madison Option" Several Council Members indicated a desire for a simple, more easily understood ordinance, similar to what was described from the City of Madison. It is staff's understanding that Madison may have subsequently changed their ordinance, however for purposes of this example, the Madison option referred to an ordinance regulating only placement in the front yards of properties. Under the City's zoning ordinances, the front yard is that portion of the yard abutting a right - of -way, therefore, certain properties, such as corner lots, may have more than one front yard. Should the Council wish to amend the ordinance to provide for this, staff would recommend: "I move that the proposed ordinance be amended to delete Section 23- 8(A)(1), to renumber accordingly and to amend new section (A)(1)(a) to prohibit storage in the front yard of any building as defined by Chapter 30 of this Municipal Code" While the City's zoning ordinances would define any portion of a yard abutting a right -of -way to be a front yard, there is also the possibility of limiting the front yard storage to only the front yard coinciding with the property's address. Should Council wish to limit placement to the front yard which contains the address of the property, the amendment could be made as follows: "I move that the proposed ordinance be amended to delete Section 23- 8(A)(1), to renumber accordingly and to amend new section (A)(1)(a) to prohibit storage in the front yard of any building defined by the building's street address." V. Definition of Visual Screening The ordinance as currently proposed would require persons to store solid waste inside of their garage or other structure, to the rear of the dwelling or on a side of the property with visual screening to prevent containers from being visible to the front or side of the property. During Council's discussion a question was raised what would be considered acceptable screening. The proposed ordinance requires a fully -sight obscuring covering to prevent the container being visible to the front or side of the property but does not specify the materials or other conditions required. Although it should be noted that other current codes relevant to property maintenance may have application. If the option to use visual screening is retained in the ordinance, staff would recommend the following amendment to provide greater specificity to the requirement: "I move to amend the proposed ordinance to define visual screening to mean an opaque, solid fence or screen of wood, metal, brick or other materials or a solid four seasons vegetative screen." VI. Responsibility for Compliance. A question was raised related to rental property and the responsibility for compliance with the solid waste storage requirements. As indicated at the meeting, current city code looks primarily to the property owner. More specifically, Section 16- 37(A)(3) of the municipal code provides that the owner is responsible to ensure that garbage and refuse are properly stored behind and adjacent to the rear of the dwelling at the point farthest away from any public sidewalk, alley or thoroughfare. Revisions may be necessary to this section, dependent upon the Council's determinations relative to the proposed ordinance and Chapter 23. For enforcement purposes, it may be advantageous to clarify that, in any case the property owner is ultimately responsible for compliance with this section. To accomplish this: "I move that the proposed ordinance be amended to provide that no person shall store or permit to be stored upon property owned by them any garbage, recycling, yard waste, refuse or any container for any of these items in violation of this section." VII. Grace Period for Education prior to Enforcement. It was suggested that a grace period be extended to allow for education and compliance prior to any enforcement actions being taken. It is not necessary to amend the proposed ordinance to provide for a grace period and staff anticipates providing information and educating citizens prior to any enforcement actions being taken. VIII. Other Municipal Ordinances. Finally, Council had requested staff provide copies of ordinances from other municipalities for comparison. Staff had requested and reviewed several examples from other municipalities and had primarily based the draft ordinance presented to Council on the ordinance from Green Bay. Attached are copies of the ordinances from Green Bay, Madison, Kewaskum and Johnson Creek Respectfully Submitted, A k-N1-j,4. 1 David C. Patek Dir for of Public rks .Lv_ Lorenson " City Attorney Approved: Mark A. Rohloff City Manager r fi Chapter 9 d Public Works Pickups shall not be made in the alley adjoining residential property. No collection shall be made on private property. 4. Recyclable Waste. Recyclable .materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions. Recyclable wastes shall be properly prepared and placed at the curbline next to regular solid waste for collection. Recyclable waste collection shall be made on the same day as regular solid waste collection. Pickups shall not be made on residential private property, or in the alley adjoining residential property. 5. Mobile Home Park Waste. Waste from mobile home parks shall be considered residential waste and shall be stored and collected under the provisions of §9.02(7)(e)2, Green Bay Municipal Code. 6. Pickups shall not be made at the rear of the residence or back door unless certified to by the City Department of Public Works that a hardship exists due to physical handicap. 7. Any solid waste, when placed out for collection, shall be out by 6:00 A.M. from June I through August 31 and shall be out by 7:00 A.M. from September 1 through May 31 on the scheduled day of collection, but shall not be placed out more than 12 hours before collection day and shall be removed not more than 12 hours after collection day. Solid waste for collection shall be placed along the curb line immediately adjacent to the property which has generated the solid waste. Failure to comply may result in the issuance of a citation. 8. Items too large or otherwise unsuitable for storage containers shall be stored in a nuisance -free manner consistent with regulations established by the Director of Public Works. 9. All solid waste placed out for collection becomes City property upon being collected. 10. (Rep. & Rec. GO 43 -04) Garbage, recycling, yard waste, or refuse containers shall be stored during the time period between collection days in an enclosed structure or building, or stored in ridged metal or plastic containers designed in accordance with § §9.02(7)(c)2. - 5., which are screened from view of a public right -of -way. Garbage, recycling, yard waste, or refuse shall not be stored in the following locations: a. In front of a building, the front herein defined to be that side numbered in accord with §9.31, Green Bay Municipal Code. b. At that side of a building on a corner lot that faces the street. c. On, under, or along side of a front porch, stoop, steps, landing, accessible ramp, or deck fronting on a public right -of -way. d. Within 15' of the public right -of -way, except during collection time periods. 11. There shall be no variance from this section without the prior approval of the Director of Public Works therefore. 12. Any garbage, recycling, yard waste, or refuse container stored in violation of this chapter, irrespective of the provisions of §9.02(6)(f)10. above, shall be subject to the following: 11 (,' 1 o7 F G �E� �� � 1 Chapter 9 J Public Works a. The Director of Public Works shall have the authority to order that any exterior storage of garbage, recyclables, or refuse be enclosed in a structure if, in his determination, the storage of such garbage, recyclables, or refuse is unsanitary or creates or tends to create a nuisance to public health or safety. b. In determining whether an exterior storage structure shall be required under this section, the Director of Public Works shall take into account the location of the waste storage, its proximity to residential areas, the likelihood of human exposure or contact with the waste storage areas, and the type of waste being stored. These considerations are to be deemed illustrative and not exclusive. c. All structures ordered under this section shall be at least three sided and constructed of opaque materials sufficient to ensure the waste is impervious to view from the exterior of the three sides. The walls of the structure shall be of a height equal to 1' taller than the garbage or refuse receptacle, but in no event in excess of 6' in height, and shall be painted and maintained in a neat and orderly manner. d. Any person aggrieved by such an order by the Director of Public Works to enclose said waste containers shall have the opportunity to bring such order before the Improvement and Service Committee for its review within 30 days of the issuance of the order. (8) All charges by the City of Green Bay for early set -out as defined in §9.02(b)(e)7 and bulk pickups must be paid by 30 days after billing date or said charge will become a lien on the property according to §66.0627, Wis. Stats., and will be added to that year's taxes with interest. 9.03 TRANSPORTATION (Rep. & Rec. GO 47 -03) (1) TRANSPORTATION NUISANCE. No person shall transport any material in any vehicle unless the vehicle is operated and constructed so that the contents shall not blow, scatter, leak, or spill upon streets or alleys or otherwise create a nuisance. (2) All vehicles or conveyers, whether publicly or privately owned, used for the collection or transportation of solid waste shall not be kept in any street, alley, or public place, or upon any private premises within the City longer than is reasonably necessary to collect the solid waste except by permission of the Director of Public Works. (3) PRIVATE COLLECTOR'S LICENSE. No person, except employees of the Department in the regular performance of duty, shall collect or transport waste materials on any street or alley without a license. Each license shall bear a number corresponding to the license plate issued which shall be prominently displayed on the vehicle used by such licensee in his business as herein provided. Such license shall be available only to the person in whose name it is issued and shall not be used by any person other than the original licensee. Any licensee who shall permit his license to be used by any other person, and any other person who shall use such license granted to another person shall be in violation of this subchapter. Such license shall be issued by the City Clerk upon approval of the Director of Public Works. The license fee for one year or fraction thereof shall be $25 for the first vehicle and $5 for each additional vehicle operated by such person. This license does not provide authorization for the licensee to collect solid waste placed out by the property owner on public right -of -way for collection by the City. 12 PUBLIC HEALTH CrT °Frlf4b Sec. 7.36(6) (6) Persons Who May Collect Garbage (a) No person, unless he has a contract with the City of Madison, permitting him to collect and remove garbage, or unless he be a City employee acting under the direction of the Sanitation Supervisor shall collect or remove any garbage from premises located within the corporate limits of the City of Madison. (b) No person residing within the corporate limits of the City of Madison or being an inhabitant of said City shall deliver garbage to any person for removal from his premises except to a contractor with the City for that purpose or to a City employee acting under the direction of the Common Council or the Sanitation Supervisor of the City of Madison. (7) (a) Vessels for Holding Garbage to be Provided - Manner of Depositing Garbage in Same It shall be the duty of all householders, tenants, hotel keepers, boarding house keepers, restaurants and all retail dealers dealing in or storing food - stuffs, excepting those dealers which handle only raw meat, commonly known as meat markets, to provide or cause to be provided and at all times to keep or cause to be kept, portable vessels or containers for holding garbage, said vessels or containers to be watertight, provided with handles and covers which shall not be removed except when necessary. Garbage containers for residences must not be less than five (5) gallons nor more than fifteen (15) gallons in size. Garbage containers of restaurants, hotels, boarding houses and retail stores as above defined shall not be more than thirty-five (3 5) gallons in size. If more capacity is needed additional containers or vessels must be provided as ordered by the Sanitation Supervisor. All containers or vessels shall be constructed of or lined with metal and shall be kept in a clean and sanitary manner at all times. (b) Placing of Garbage Containers Garbage containers or vessels shall be kept in the rear of the house or buildings or in such other place as shall be designated by the Sanitation Supervisor which is easily accessible to the collector, not above the ground floor, but shall not be placed on the sidewalk, street, alley or other public place or in any manner so as to create a nuisance. When leaky or in any way defective such containers or vessels shall be replaced with new containers or vessels as ordered by the Sanitation Supervisor. The Sanitation Supervisor is hereby authorized to permit or order the installation of approved types of garbage container receivers either below or above the surface of the ground or the construction of such shields or enclosures for containers or vessels as will abate a garbage nuisance. (c)' Preparation of Garbage All garbage from residences shall be drained and wrapped in paper before being placed in garbage containers or vessels. Garbage dealers, as above provided, shall deposit garbage in garbage containers, after draining, without wrapping. It shall be unlawful for any person to place in the garbage containers any ashes, earth, glass, crockery, tin cans, excess paper, paper boxes or other refuse than garbage. Containers containing any of the above shall not be emptied by the collector. Persons not conforming to these rules shall not be entitled to garbage collection service. (Am. by ORD -05- 00060, 4 -6 -05) (8) Garbage not to be Deposited in any Other Place or Manner Than Herein Provided It shall be unlawful for any person to deposit garbage in any other place or in any other manner than as herein provided or as provided in Section 7.361. (Am. by Ord. 9747, Adopted 4 -4 -89) 7-27 Rev. 6/15/06 Regulations on storage of refuse containers Kewaskum Sec. 78 -91. Number, condition of containers. (a) Generally. Each commercial establishment located in the village shall have a maximum number of three garbage cans or a maximum of one mobile container to accommodate all garbage and waste to be removed by the village /contractor, and each residential unit in the village shall have a minimum of one garbage can or a maximum of three garbage cans for such purpose. Collection service may be discontinued where containers have been condemned as unfit for garbage receptacles until proper containers are provided and the owners or users thereof may be subject to the provisions of subsection (c) of this section. Garbage cans and mobile containers shall be kept tightly covered at all times and shall be capable of being closed so that water, flies and other insects cannot enter and shall be easily accessible to the refuse collectors on the property from which the refuse originated. (b) Refuse storage area. 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 that 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's and /or owner's being notified to clean up the area, with continued violation resulting in the owner's being prosecuted under the provisions of this division and the general penalty provisions in section 1 -11. (c) Illegal containers. Containers not approved consist of metal barrels and drums, wooden or cardboard barrels, wheelbarrows and other such containers (oversized without handles) not approved by this article. These containers will not be emptied regardless of contents or weight. The collector shall not be obligated to pick up any garbage, recyclable, rubbish or trash in nonapproved containers. Sec. 78 -93. Location of garbage cans /containers. (a) Where an alley exists and is normally used for the collection of garbage, garbage cans or mobile containers shall be placed on the owner's property as near to such alley as practical. If no alley exists or is not practical by reason of the existence of physical obstacles to placing the garbage can or mobile container on the edge of the alley, such garbage can or mobile container shall be placed at a point to be designated by the director of public works. (b) If a property owner erects a fence, wall or hedge bordering on any alley, the property owner shall provide an offset in the fence, wall or hedge of not less than four feet by ten feet for the placement of garbage cans or mobile containers. (c) Multifamily /condos, even though under normal conditions will be contracting for and paying for the collection of their disposal of garbage /refuse and recyclables, are responsible for the fencing (privacy screen) around their garbage cans or mobile containers. Sec. 78 -94. Placing of materials for collection. No garbage can or trash container shall be kept upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using the village streets and sidewalks; except that: (1) Placing for collection. Not earlier than noon on the day preceding that upon which garbage and refuse collection are customarily made from such premises, such garbage cans and trash containers shall be placed within six feet of the street or just inside the curb for the purpose of permitting the collection of garbage and refuse from such containers, and such garbage cans and trash containers shall be removed from such place on the same day collection is made. Sec. 78 -44. Prohibited storage, accumulation and deposit of refuse. (a) Public places. No person shall store any refuse in any street, alleyway or other public place at any time, except as provided in this section, or upon any private property other than property owned and occupied by such person. (b) Bodies of water. No person shall throw or deposit any refuse in any storm sewer, stream, river or other body of water. (c) Unauthorized accumulation. Any accumulation of refuse on any premises is declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within ten days after due notice, served by certified mail with return receipt requested, shall be deemed a violation of this section. Sec. 78 -45. Plan for storage required before issuance of certain building permits. (a) Before building permits may be issued for construction of shopping centers, multifamily dwellings of three or more dwelling units and supermarkets, a plan for storage of garbage /waste and recyclables must be approved by the director of public works as to location, accessibility and adequacy. Johnson Creek SECTION 1: Section 112 -12 L. shall hereby be amended to read as follows: 112 -12. Property Maintenance L.) Refuse, garbage and rubbish storage requirements. Every building or structure shall have adequate refuse, garbage, or rubbish storage facilities ontainers Garbage containers shall a4 all ♦]..yes have tight raev ers ° ~' be kept in an enclosed area such as a garage or assessei - building, however Village- provided garbage containers may be stored outside where it is not visible from the street. se Fedeet will not have ° reess sueh containeF No occupant shall accumulate rubbish, boxes, lumber, metal, or other materials which may attract pr-evide kafborage fer rodents or vermin.