TITLE V: PUBLIC WORKS/ CHAPTER 53: GARBAGE AN ORDINANCE OF THE CITY OF WILMOT, SOUTH DAKOTA, AMENDING CHAPTER 53 OF THE CODE OF ORDINANCES OF THE CITY OF WILMOT RELATING TO GARBAGE.
TITLE V: PUBLIC WORKS/
CHAPTER 53: GARBAGE
AN ORDINANCE OF THE
CITY OF WILMOT, SOUTH DAKOTA, AMENDING CHAPTER 53 OF THE CODE OF ORDINANCES OF THE CITY OF WILMOT RELATING
TO GARBAGE.
BE IT ORDAINED by the City of Wilmot, South Dakota
That CHAPTER 53: GARBAGE of the Code of Ordinances of the City of Wilmot, South Dakota, is hereby amended to read as follows in its entirety:
BE IT ORDAINED and enacted by the Governing Body of the City of Wilmot, State of South Dakota as follows:
§53.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearing indicates or requires a different meaning.
GARBAGE. Includes, but is not limited to, every accumulation of animal, vegetable, or other mineral:
(1) Resulting from the preparation and consumption of edible food stuffs;
(2) Resulting from decay, dealing in, or storage of meats, fish, fowl, fruits, or vegetables, including cans, containers, wrappers or waste along with such materials;
(3) Such industrial, domestic, and organic solid waste or residue of animals sold for meat;
(4) Fruit, vegetable, and animal matter from kitchen, dining rooms, markets, fruit establishments, or any other place using, dealing in, or handling meats, fish, fowl, fruits, vegetables, or grains; or
(5) Offal, animal excreta, or the carcasses of animals, fish or fowl.
HAZARDOUS AND TOXIC WASTES. The garbage, rubbish, rubble, and refuse that requires special handling to avoid damage to property or illness or injury to persons or animals.
INCINERATION. The processing and burning of garbage, rubbish, rubble, and refuse for the purpose of volume and weight reduction and all facilities designed and used for such purposes.
OCCUPANT. The person who has the use of, or occupies, any building, whether residence or commercial, or a part or portion of such building, whether the actual owner, tenant, or subtenant. In the case of vacant buildings, residence or commercial or any vacant portion of the buildings, the owner, agent, or other person having custody of such building shall have the responsibility of an OCCUPANT of such building.
OPEN BURNING. Uncontrolled burning of waste in the open, in open containers, or in an open dump.
OWNER. The actual owner of the property, building, or site, or the agent of the owner in charge of such building, property, or site, or the person to whom any rental upon such building, property, or site is paid. In the case of property being leased under agreement which holds the lessee responsible for maintenance and repair, the lessee shall be, in such cases, considered as the OWNER.
REFUSE. Garbage, rubbish, and rubble, incinerator ash, incinerator residues, street cleaning, market and industrial solid waste, and sewage waste in dry or semi-dry form.
RESIDENTIAL OCCUPANT. Includes a dwelling house and a place of human habitation and shall be any household established in a building whether or not it is a single-family dwelling.
RUBBISH. Includes, but is not limited to, all waste or debris not subject to decay, rot, or corruption, such as paper, cardboard, grass, tree, or shrub trimmings, rugs, straw, clothing, wood, wood products, crockery, glass, rubber, metal, plastic, construction waste and debris, tin cans, bedding, or litter of any kind.
RUBBLE. Stone, brick, rock, or similar organic material.
SOLID WASTE HAULER. Any person, firm, or corporation who collects garbage, rubbish, rubble, and refuse within the geographical limits of the municipality or form a central collection point and transports such to a disposal site.
TRUCK. Any truck, trailer, semi-trailer, conveyance, or other vehicle which has been designed and manufactured specifically for the purpose of collecting garbage, rubbish, rubble,
and refuse, or to haul or transport garbage, rubbish, rubble, and refuse upon public highways or thoroughfares.
(Prior Code,§ 6-1-101)
§ 53.02 REFUSE REMOVAL.
(A) All garbage, rubbish, rubble, and refuse created, produced, or accumulated in or about a dwelling house or place of human habitation in the city limits of the city shall be removed from the premises at least once each week. The city may require a greater number of collections per week.
(B) The city may provide its own refuse removal service, or the city may contract with a private hauler for lowest responsible bid for a period of one to three years. The city shall bill all residents for refuse removal provided under this chapter. No billing will be done by the private hauler for refuse removal services provided under this chapter.
(C) The rate to be charged to the residential occupant for garbage, rubbish, and refuse collection shall be as established by the City Council and filed with the City Finance officer.
(D) As per SDCL § 34A-6-29, garbage, rubbish, rubble, and refuse fees take precedence over all other utility charges.
(Prior Code, § 6-1-102)
§ 53.03 REFUSE CONTAINERS.
(A) Every owner, lessee, or occupant of any private dwelling house and every keeper of a hotel, restaurant, eating house, boarding house, or other building where meals are furnished and every other person having garbage, rubbish, rubble, and refuse in the city shall provide, and at all times, keep within such building or conveniently located near such building, suitable and sufficient watertight cans, each approved by the city and deposit in such container, and not elsewhere, all garbage, rubbish, rubble, and refuse accumulating on such premises.
(B) The containers shall be equipped with suitable handles and shall have tightly fitted covers or lids. The weight of the garbage, rubbish, rubble, and refuse container and its contents shall not exceed 75 pounds.
(C) Such containers shall be placed in their designated location, as established by the solid waste hauler, and accessible to said solid waste hauler to render pickup service.
(D) Rubbish may also be disposed of in such containers provided the containers may be easily lifted, emptied, or hauled away, and they do not exceed the weight limit established in this section.
§ 53.04 ACCUMULATION
OF REFUSE PROHIBITED.
No person, owner, agent, or occupant of any premises in the city, whether vacant or improved, shall allow any accumulation of garbage, rubbish, rubble, and refuse to remain thereon for longer than two (2) weeks if such garbage, rubbish, rubble, and refuse is within 400 feet of any dwelling house or commercial building, nor for more than four (4) weeks if beyond such distance, nor for any period of time if such accumulation is found by the city to constitute a public or private nuisance.
Every person, owner, agent, or occupant of any premises in the city, whether vacant or improved, is responsible for preventing the spreading of garbage, rubbish, rubble, and refuse by any stray or domesticated animal, and is responsible for collecting any garbage, rubbish, rubble, and refuse that may have been spread by said stray or domesticated animal.
(Prior Code,§ 6-1-104) Penalty, see § 53.99
§ 53.05 BURYING OF REFUSE.
No person, owner, agent, or occupant of any premises in the city shall keep, place, or deposit garbage, rubbish, rubble, or refuse at any public or private grounds or premises, except in containers or receptacles for collection upon premises owned, occupied, or under possession or control of such person. Lawn and garden trimmings may be composted, and the city may designate certain areas, locations, or containers for the deposit of garbage, rubbish, rubble, and refuse.
(Prior Code,§ 6-1-105) Penalty, see § 53.99
§ 53.06 COLLECTION.
(A) Except for special haul service, no garbage, rubbish, rubble, and refuse will be collected unless in standard containers with handles, or in securely tied bags as defined in this chapter.
(B) [REPEALED]
(Prior Code, § 6-1-106)
§ 53.07 HOURS OF COLLECTION.
A solid waste hauler shall not collect garbage, rubbish, rubble, and refuse between the hours of 7:00 p.m. one day and 6:00 a.m. the next day.
(Prior Code),§ 6-1-107)
§ 53.08 COLLECTION VEHICLES.
(A) All trucks collecting or transporting rubbish or mixed garbage and rubbish along or on a public highway shall be covered. The coverage shall be a clean tarpaulin securely tied down over the entire load, or such other cover as will prevent spilling. All trucks collecting or transporting rubbish mixed with garbage shall be of watertight construction.
(B) Trucks transporting, but not collecting garbage unmixed with rubbish, shall be equipped with watertight metal tanks and shall be covered by a suitable metal cover or covered by other satisfactory and acceptable methods approved by the city. All persons transporting garbage shall clean and disinfect all equipment as often as needed to prevent health hazards.
(C) Trucks collecting garbage from residential occupants shall not exceed the maximum capacity of 26 yards. Trucks which provide garbage collection service to commercial establishments shall not exceed a maximum capacity of 26 yards. All such trucks will have a watertight metal tank and shall be covered so that not more than one-half of any truck can be uncovered at any one time. The cover shall be fully closed while the truck is traveling between place of collection and place of transfer disposal. At all times, the truck shall obey all weight limits imposed on them by state law while driving on city streets, including any seasonal load limits. All persons collecting garbage shall clean and disinfect all equipment as often as needed to prevent health hazards.
(Prior Code, § 6-1-108)
§ 53.09 BURNING.
There shall be no open burning, including no burn barrels, of garbage, rubbish, rubble, and refuse within the city limits. This section shall not apply to incinerators or fireplaces located within a building, fire pits with a metal or brick ring and cover within a yard for recreational use, or to actions of the Fire Department in firefighting practice.
The fire department may be called to extinguish any open burning within city limits and the property owner, lessee, or occupant would be responsible for the fire department bill in addition to the ordinance fine as set by council.
(Prior Code, § 6-1-109) Penalty, see § 53.99
§ 53.10 EXCEPTIONS.
Garbage fees will be waived for any owner, lessee, or occupant of any private dwelling house that will be vacant for 60 days or more, provided the owner, lessee, or occupant notifies City Hall before vacating and upon return to such dwelling.
(Prior Code,§ 6-1-110}
§ 53.11 RESTRICTED USE
SITE OPERATION.
The city may maintain and operate a restricted use site at its discretion. The city may set limitations of what type of materials may be deposited at the restricted use site, following all state regulations. The City Council may set hours of operation of the restricted use site and any resident may deposit authorized materials during the regular hours.
(Prior Code,§ 6-1-111)
§ 53.12 GARBAGE FEE.
All residents who are using water and/or sewer services also pay a garbage fee. (Ord. 271, passed 4-6-2015)
§ 53.99 PENALTY
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Anyone depositing materials at the restricted use side during nonbusiness hours or depositing unauthorized materials at the restricted use site shall be subject to a fine not to exceed $200 and/or 30 days in jail.
(Prior Code,§ 6-1-112)
/s/ Zachery Zempel, Mayor
ATTEST
/s/ Diana Halseide,
Finance Officer
“The City of Wilmot is an Equal Opportunity Provider and Employer.”
