11.145 Recycling and Salvage Operations.
(1) Definitions. In this section:
Appliances shall include air compressors, air conditioners, boilers, copiers, dehumidifiers, dishwashers, dryers, fluorescent light fixtures, freezers, furnaces, garbage disposals, large commercial appliances, microwave ovens, ovens, ranges, refrigerators, stoves, trash compactors, washers, water heaters, water softeners and wood stoves.
Garbage shall mean any solid or semi-solid waste material produced from industrial, commercial, and domestic use. Garbage shall not include sewage or recyclable materials.
Person shall mean any individual, corporation, partnership, or association.
Recyclable materials shall have the meaning as defined in MMC 13.010(5).
Regulated property shall mean aluminum siding, gutters, downspouts, screens, windows, window frames and doors, metal bathtubs and sinks, nonplastic pipe, copper, nonferrous metal items other than aluminum cans, stained glass, traffic signs, aluminum light poles, water meters, cemetery monument plaques, fixtures from houses of worship, catalytic converters, bicycles, bicycle frames or parts, manhole covers including lids, grates and frames.
Scrap shall mean postconsumer iron, chain, brass, copper, tin, lead or other base metals; rubber; inoperable motor vehicle, small engine or appliance parts; or other discarded articles obtained by cutting, demolishing, or disassembling a building, structure, or manufactured item, and that can be reprocessed for reuse in a mill, foundry, or other manufacturing facility. The term “junk” shall be understood to be synonymous with the term “scrap” for purposes of this section.
(2) License Required. No person may engage in the business of collecting, hauling, dismantling, reprocessing, storing or otherwise dealing in recyclable materials, scrap or junk within the City of Manitowoc without first having obtained a license to do so issued by the City Clerk. Licensees shall strictly comply with all provisions of this section. The City Clerk shall not issue the license until the application has been approved by the Director of Public Infrastructure, Chief of Police, and granted by the Common Council.
Exception: Businesses or manufacturers which may, as an incidental part of business, buy, collect, gather, store or sell scrap or recyclable materials need not obtain a license to do so.
(a) License Application. An application for a license under this section will not be considered complete unless all of the following are supplied to the City Clerk:
1. Completed, signed recycling and salvage operations license application;
2. Letter of credit in the amount of $5,000 on a form prepared by the City Attorney;
3. License fee of $100.00 plus a fee of $30.00 per vehicle used in the business of hauling;
4. A signed statement granting the Police Department, Fire Department, and any member thereof permission to inspect and search the premises to confirm compliance with this section and all applicable state laws;
5. A signed statement from the City Planner certifying that the proposed site complies with all zoning requirements as set forth in Chapter 15 MMC.
6. Proof that at the time of application the applicant has all required state and federal licenses and permits to collect solid waste and recyclables.
(b) License Approval. The City Clerk shall not issue a license under this section unless such application is approved by the Director of Public Infrastructure, Chief of Police and the Common Council. The City Clerk shall timely notify the applicant of Common Council’s decision via first class mail. Applicant shall have 10 business days from the date of the mailing to supply the City with a certificate of insurance evidencing the following minimum limits and coverages:
1. General liability: $1,000,000 per occurrence;
2. Auto liability: $300,000 combined single limit bodily injury and property damage;
3. Environmental/pollution coverage: $1,000,000 per occurrence;
4. Worker’s compensation at the statutorily required limits;
5. Additional insured endorsement or equivalent, naming “The City of Manitowoc.”
Failure to timely submit the foregoing will result in nonissuance of license. Upon receipt of all necessary information, the City Clerk shall issue the license.
Each license shall expire annually on the thirty-first day of December following its issuance.
(3) License Plate Sticker Required. There shall be issued by the City Clerk and placed by the licensee on each licensed hauling vehicle a license sticker which shall read “Manitowoc Scrap and Junk Hauler.” The license sticker shall be placed on the rear window of each vehicle so that it is readily open to view. The license sticker shall not be transferable. Each sticker shall be issued by the City Clerk at the time the license is issued.
(4) Fees. All fees associated with the disposal of waste, including but not limited to tipping fees, shall be the sole responsibility of the party delivering the waste to the waste disposal facility.
(5) Records Maintained and Reported. Each licensee shall keep a daily record of regulated property purchased or acquired and the name and address of the seller and shall report same daily to the Manitowoc Police Department using a reporting system that is selected by the Manitowoc Police Department.
(6) Operating Regulations.
(a) Hours of Operation. No licensee shall conduct business or any activity related thereto between the hours of 8:00 p.m. and 6:00 a.m.
(b) Not to Create a Nuisance.
1. No licensee shall conduct business in such a manner as to disturb the peace and quiet of the neighborhood.
2. Business premises shall be kept in a clean and tidy condition.
3. Materials shall not be sorted or dismantled in a public street, alley or sidewalk. All goods and materials shall be kept within a building, enclosure or site approved on a licensee’s application.
4. Licensee shall not unlawfully discharge waste liquids, fuels or oils and shall not permit unlawful discharge of same. Licensee shall not dispose of waste materials in an unlawful manner.
5. All lights used to illuminate the premises shall be shielded and directed away from public streets and residential properties.
(c) Compliance with Municipal Code. All persons engaged in the collection or procurement of scrap and the disposal of scrapping waste shall also comply with any other applicable requirements set forth within the Manitowoc Municipal Code.
(7) Penalties. Penalties for violations of this section shall be as follows:
(a) First offense: $250.00 plus costs.
(b) Second offense: $300.00 plus costs.
(c) Third and subsequent offense: $400.00 plus costs.
[Ord. 24-1202 § 1, 2024; Ord. 21-220 §§ 2, 3, 2021.]