(A) Penalty for littering. Any person who shall throw, deposit or keep within the Town of Keystone, any garbage, debris, dead or decayed animals, bottles, cans or any other matter or material offensive to the public or liable to cause injury to persons or property, and without maintaining proper containers or storage for same, shall be guilty of a misdemeanor.
(B) Littering is a nuisance. No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance as defined herein, within the Town of Keystone. The following specific acts, conditions and things are, each and all of them, hereby declared to constitute nuisances.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
GARBAGE and REFUSE. Depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property any animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale or storage of meat, fish, vegetables, fruit and other food or food products found within the town, which are likely to cause or transmit disease, or which may be a hazard to health. Any items to be disposed of, by use of garbage/refuse pick-up service are to be placed at the pick up area in a leak proof container with a lid, if set out more than 2 days prior to pick-up.
HOUSEHOLD APPLIANCES. Fixtures and furniture including, but not limited to, items such as stoves, refrigerators, freezers, sinks, cabinets and other kitchen appliances, bedroom furniture, mattresses, tables, chairs, clothes, washing and drying machines, bathroom appliances and fixtures, light fixtures, washtubs, when the items are stored, collected, piled or kept and are not stored inside a building; except that patio furniture or other furniture designed for outdoor use shall not constitute a nuisance when kept in a residential area and in view of adjacent properties or public rights-of-way.
LITTER. Any discarded, used or contaminated substance or waste. LITTER may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging construction material, abandoned motor vehicles, motor vehicle parts, tires, salvage materials, furniture, oil, carcasses of dead animals, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, dead trees, dead tree branches, construction materials, or anything else of any unsightly or unsanitary nature, which has been discarded, abandoned or otherwise disposed of improperly.
VEGETATION.
(a) All weeds or plants declared to be primary noxious weeds or secondary noxious weeds by the State Weed Board and all other weeds and grass growing upon any lot or parcel of land in the town to a greater height than 8 inches which have gone or are about to go to seed. This section does not prohibit the cultivation of crops;
(b) Fallen tree limbs, dead trees and dead tree limbs, which in the opinion of the Board of Trustees, constitute a health, safety or fire hazard; and
(c) Limbs of trees hanging within less than 7 feet in height from any sidewalk or 14 feet in height from the traveled portion or parking area of any street or road right-of-way within the town, all of which collectively are hereinafter referred to as overhanging limbs.
(D) Garbage receptacles. All commercial business establishments who operate a business in Keystone, South Dakota shall provide a suitable garbage receptacle at or near the entrance of their respective commercial establishment. The garbage receptacle shall be a garbage receptacle that holds a minimum of 13 gallons and a maximum of 30 gallons of garbage. The garbage receptacle shall be visible to and available for use by all pedestrians. No garbage receptacle shall be placed on state right of way.
(1992 Code, § 9-3-10) (Ord. 31, § 14-10, passed 10-1-1975; Am. Ord. 9-3-10, passed 8-21-2002; Am. Ord. passed 7-21-2010) Penalty, see § 131.99