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No person shall throw into, deposit upon, or in any manner permit to get in any street, alley, or passageway of the city pieces of paper, newspapers, excelsior, handbills, posters, building paper, lithographs used for advertisement upon billboards, or any materials likely to be carried about by the winds.
(Ord. 1.90A, passed 5-15-2014)
(A) Residential use only. Public receptacles are present for the convenience of the public who use the city’s sidewalk and park system so that they may deposit items of garbage therein rather than litter. The public receptacles are not for the purpose of dumping large quantities of garbage, construction debris, or other waste generated by commercial operations. It shall be a violation of this section for any entity or commercial operation, including, but not limited to, construction contractors, to utilize the city's collection bins and containers for the purposes of disposing of waste material and garbage, including construction debris. This pertains to all collection bins, whether placed for the purpose of depositing solid waste, yard waste, or recyclables.
(B) Outside waste. It is unlawful for any person residing outside of the corporate limits of the city to bring quantities of garbage, yard waste, or recyclables accumulated out of the town, and deposit them in any receptacle to be collected by the city along the streets or elsewhere within the corporate limits. The receptacles and waste deposit areas, whether for garbage, yard waste or recyclables, are established by the city for its residents, and a violation of this provision constitutes a theft of services.
(C) Construction debris. It shall be illegal and a violation of this section for any person or entity to dispose of debris resulting from the construction, demolition, or repair of any buildings in any containers placed by the city, including the solid waste, yard waste, and recyclable containers. These items include, but are not limited to, brick, stone, concrete, plumbing materials, plaster, asphalt, roofing, floor coverings, gutters and shingles. Demolition and construction waste, excavation byproducts, and other debris or like material shall not be deposited in city receptacles.
(D) Additional prohibited items. It is further a violation of this section for any individual to dispose of the following items in any of the city's collection bins and containers.
(E) Fine and punishment. A violation of this section constitutes a Class 2 misdemeanor under South Dakota law and is punishable by up to 30 days in imprisonment in the county jail or a $500 fine, or both fine and imprisonment in accordance with the general penalty ordinance under City Code § 10.99. Each separate violation is a separate offense. Law enforcement is authorized to proceed with issuing a citation for each violation upon witnessing said violation or upon receipt of a verified complaint detailing the facts of the violation. The city may also enforce this section by injunction.
(Ord. 2021-04, passed 9-2-2021; Ord. 2022-09, passed 9-1-2022)
Cross-reference:
Littering regulations, construction sites, see § 90.06
(A) Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any violation of the provisions of §§ 92.001 and 92.002 is a Class II misdemeanor punishable by the maximum punishment set forth by the laws of the state pursuant to SDCL § 22-6-2. Said punishment may also include payment of any cost and/or restitution authorized by this chapter and/or state law.
(C) All violations of §§ 92.035 through 92.038 shall be considered a Class II misdemeanor. The city may also impose civil penalties in the amount of $500 for each violation, which civil penalty will incur on a daily basis for each day the nuisance exists from and after the date of any notice given by the city. In addition, the city may in its discretion revoke any licenses issued to the violator or withhold any approval or permits based upon any such violations and until all civil penalties and costs are paid in full.
(Ord. 1.90A, passed 5-15-2014)