South Dakota

TITLE XI

GARBAGE

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Chapter 11.07     Garbage and Refuse

11.0701     Definitions

Terms used in this chapter unless the context otherwise plainly requires, shall mean:

A: Garbage: Includes, but is not restricted to every accumulation of animal, vegetable, or other mineral:


            1: Resulting from the preparation and consumption of edible food stuffs; or


            2: Resulting from decay, dealing in, or storage of meats, fish, fowl, fruits, or vegetables, including the cans, containers, or 

                wrappers or waste along with such minerals; or


            3: Such industrial, domestic, and organic solid waste or residue of animals sold for meat; or


            4: Fruit, vegetable, and animal matter from kitchens, dining rooms, markets, fruit establishments, or any other placed 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.


B: 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.

C: 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 purpose.

D: Occupant: The person who has the use of, or occupies, a building, whether residence or commercial, or a part or portion thereof, 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 said building shall have the responsibility of an occupant of said building.

E: Open Burning: Uncontrolled burning of waste in the open, in open containers, or in an open dump.

F: Owner: The actual owner of the property, building, or site, or the agent of the owner in charge of said building, property, or site, or the person to whom any rental upon said 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.

G: Refuse: Garbage, rubbish, and rubble, incinerator ash, incinerator residues, street cleanings, market and industrial solid waste, and sewage waste in dry or semi-dry form.

H: Residential Occupant: A residential occupant shall include 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.

I: Rubbish: Includes, but is not restricted to, all non-putrescible waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, plastic, construction waste and debris, tin cans, bedding, or litter of any kind.

J: Rubble: Stone, brick, rock or similar organic material.

K: Solid Waste Hauler: Any person, firm, or corporation who collects garbage, rubbish, rubble, and refuse within the geographical limits of the municipality or from a central collection point and transports such to a disposal site.

L: 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.

In the event that there is a conflict between these heretofore prescribed definitions a defined in 11.0701 and those definitions currently prescribed in 11.0102, the definitions as prescribed in 11.0701 shall control over those definitions as used in 11.0102.

11.0702     Refuse Removal

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 of Scotland shall be removed from the premises at least once each week.  The City may require a greater number of collections per week.

The City shall contract for lowest bid to a solid waste hauler for a period of one to three (1-3) years.  The City shall bill all resident on their monthly utility statements. No billing will be done by the private hauler for residential service.  Commercial establishments shall contract privately for the removal of garbage, rubbish, rubble and refuse from their premises in compliance with the terms of this chapter.

The rate to be charged to the residential occupant for garbage, rubbish, rubble, and refuse collection shall be as established by the City Council and on file in the office of the Finance Officer.

As per State Law (SDCL 34A-6-29), garbage, rubbish, rubble, and refuse fees take precedence over all other utility charges.

11.0703     Refuse Containers

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 of Scotland shall provide, and at all times, keep within said building or conveniently located near said building suitable and sufficient watertight cans, each capable of holding a maximum of thirty-six (36) gallons of garbage, rubbish, rubble, and refuse, or a suitable container approved by the City and deposit in such container, and not elsewhere, all garbage, rubbish, rubble, and refuse accumulating on said premises.  The containers shall be equipped with suitable bails or handles and shall have tightly fitted covers and shall not leak, nor permit the escape of odors.  The weight of the garbage, rubbish, rubble, and refuse container and its content shall not exceed seventy-five (75) pounds.  Such containers shall be so located on the premises as to be readily accessible to the garbage, rubbish, rubble, and refuse collector who is required to render pickup service; containers shall be made accessible to the collection service.  Rubbish may also be disposed of in said containers provided the containers may be easily lifted, emptied, or hauled away, and they do not exceed the weight limit established above. 

11.0704     Accumulation of Refuse Prohibited

No person, owner, agent or occupant of any premises in the City of Scotland, 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 four hundred (400) feet of any dwelling house or commercial building, nor for more than four (4) weeks if beyond said distance, nor for any period of time if the same is found by the City to constitute a public or private nuisance.

11.0705     Burying of Refuse

No person, owner, agent or occupant of any premises in the City of Scotland 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 persons, provided, however, that lawn and garden trimmings may be composted, and that the City may designate certain areas, locations or containers for the deposit of garbage, rubbish, rubble, and refuse.

11.0706     Collection

Except for special haul service, no garbage, rubbish, rubble, and refuse will be collected unless in standard containers or in securely tied bundles as defined herein.  A bundle is a package containing rubbish only, not exceeding four (4) feet in its longest dimensions, securely tied with a cord or robe of sufficient strength to permit lifting and carrying of the full weight without spillage or leakage, which bundle shall be placed for collection immediately adjacent to the standard container.

11.0707     Collection Vehicles

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.

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 of Scotland.  All persons transporting garbage shall clean and disinfect all equipment so used at least once weekly or as often as needed.

Trucks collecting garbage from residential occupants shall not exceed the maximum capacity of twenty-six (26) yards.  Trucks which provide garbage collection service to commercial establishments shall not exceed a maximum capacity of twenty-six (26) yards.  All such trucks will have a watertight metal tank and shall be covered so that not more than one-half (1/2) 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.

11.0708     Burning

There shall be no open burning of garbage, rubbish, rubble and refuse within the City limits of the City of Scotland.  This section shall not apply to incinerators located within a building or fireplaces located within a building or to actions of the Fire Department in fire-fighting practice.

11.0709     Exceptions

Garbage fees will be waived for any owner, lessee, or occupant of any private dwelling house or apartment, that will be vacant for sixty (60) days or more, provided that Finance Officer is notified before vacating and upon return to such dwelling.

11.0710     Penalty


Any person violating any of the provisions of Chapter 11.07 shall be deemed guilty of a misdemeanor and upon the conviction thereof, shall be fined a sum of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) and each day that any such person shall violate and of the provisions of this ordinance shall constitute a separate offense and be punishable as such.

11.0711     Termination of Water Service

In the event a municipal garbage collection fee becomes delinquent, the chief fiscal officer for the City of Scotland, South Dakota, shall cause the household water service to be terminated in accordance with the provisions of the ordinance for nonpayment of water rates in and for the City of Scotland, South Dakota.