South Dakota

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Chapter 11.01     Garbage, Rubbish, and Refuse

11.0101     Necessity of Ordinance

This ordinance is necessary and expedient for the promotion of health, the suppression of disease, and the immediate preservation of the public health and safety.

11.0102     Definitions

This ordinance shall be known as the Refuse Ordinance of the City of Scotland, South Dakota.

As used in this ordinance shall mean all animal and vegetable wastes resulting from the handling, cooking, and consumption of foods originating in kitchens, stores, markets, restaurants, hotels and other places where food is stored, cooked, and consumed.

As used in this ordinance shall mean all combustible and non-combustible waste materials from households, stores, and institutions consisting of tin cans, bottles, papers, straw, leaves, ashes, lawn cuttings, and tree limbs from any premises within the City Limits.

As used in this ordinance shall be interpreted to mean all solid wastes including garbage and rubbish.

As used in this ordinance shall be taken to mean business houses, boarding houses, offices, theatres, hotels, restaurants, cafes, eating houses, tourist courts, trailer courts, apartment buildings, sanitariums, rooming houses, schools, rest homes, private residences, vacant lots, and other places within the City Limits of the City of Scotland, South Dakota, where refuse, either garbage or rubbish accumulates.

Shall mean the actual owner of the building, either individual, partnership, or corporation, the agent of the owner in charge of said buildings or the person to whom the rental upon said building is paid.

Shall mean the individual, partnership or corporation, that has the use of or occupies any building or lot, or a portion thereof, whether the actual owner, tenant, or sub-tenant.  In the case of vacant buildings or lots, or any portion thereof, the owner, agent or other person having custody of said building or lot shall have the responsibility of the occupant of said building or lot.

City Health Officer
Shall mean the duly appointed city health officer or his/her duly authorized representative.

Regulation Garbage Container
Shall mean a galvanized metal garbage can made of 24 gauge metal or heavier, or a plastic garbage container to be made out of the type of plastic that does not break or shatter when exposed to extreme cold.  Both shall be rodent and fly-proof, shall not exceed thirty (30) gallons in capacity, and shall have a tight-fitting cover of the same material.  It shall have two handles on opposite sides of the can for ease of handling.

Single Family Residence
Shall be taken to mean the premises providing living quarters for one family, including full kitchen facilities for such singular family.

Multiple Family Residence
Shall be taken to mean those premises providing individual living quarters for more than one family with full kitchen facilities for each family residing therein.

Board and Rooming House
Shall be taken to mean those premises where meals and sleeping facilities or either of them are provided on a weekly or other basis, including the operator’s family.

Business Places
Shall be taken to mean business houses, apartment houses, offices, theaters, hotels, motels, restaurants, cafes, bowling alleys, bars, pool halls, and all such recreation centers, tourist courts, trailer courts, sanitariums, service stations, hospitals, rest homes or any other premises used for commercial purposes.