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(A) Right to collect. The city specifically reserves unto itself the exclusive right to collect, remove, and dispose of all residential garbage, trash, and refuse within the corporate limits of the city or its possessions; provided, however, nothing herein shall limit or prevent the city from making and entering into contracts with private person, corporations, or other governmental subdivisions for the purpose of contracting for the collection, removal, and disposal of all garbage. All commercial establishments (including, but not limited to, motels, food service establishments, and retail and service establishments) shall arrange for disposal of refuse generated by or accruing to such establishment either by a licensed commercial garbage hauler or by personnel and vehicles of such establishments.
(Prior Code, § 8.16.080)
(B) Exceptions. The owners or occupants of any premises within the limits of the city, in addition to the duties imposed by this chapter, shall be responsible for the removal, at their sole cost and expense, to the waste facility or to such locations as may hereafter be designated by the Public Works Director or City Council the following specific items:
(1) Discarded automobiles, automobile parts, furniture, and white goods;
(2) Wool, hides, furs, waste materials from slaughter or packing houses or junk yards, dead animal carcasses, or animal renderings;
(3) Construction waste and material;
(4) Christmas trees and tree waste;
(5) Manure, other than light spread manure for application to lawns or gardens for fertilizing purposes; provided, however, manure is not being kept on any premises for any purpose or kept in piles for later use is prohibited;
(6) Highly explosive or inflammable garbage, trash, or refuse; and
(7) All other specific items of garbage, trash, or refuse as may be hereafter designated as excepted wastes by the Public Works Director or City Council. The Public Works Director shall be and is authorized and empowered to permit persons subject to the foregoing exceptions to accumulate such wastes and to periodically dispose of the same subject to such reasonable terms as specified by the Public Works Director. Otherwise, such accumulated wastes shall be removed within 24 hours of accumulation. The city, by motion or resolution, can mandate certain materials be eliminated from the waste facility either by required recycling or disposal in an alternative site or by an alternative method. Until such time as federal and state laws mandate or until such time as the city mandates, as stated above, recycling of household items shall be on a voluntary basis.
(Prior Code, § 8.16.090)
(Ord. 94-1, passed - -)
(A) Establishment of facility. The City Council establishes the following real property: SE one-quarter/SW one-quarter, SW one-quarter/SE one-quarter, Sec. 33, T1N, R16E of BHM as the restricted use solid waste facility, and Tract A of Outlot 1 (SW one-quarter/SE one-quarter, and Tract B, SE one-quarter/SE one-quarter, Sec. 31, T1N, R16E of BHM, Pennington County, South Dakota) together with such further property, public or private, as may hereafter be used in connection therewith, as the same may be established by resolution of the City Council, to be an authorized solid waste facility or temporary or permanent depository of garbage, trash, or refuse for the city.
(Prior Code, § 8.16.020)
(B) Regulation. All general ordinances of the city are declared to be applicable to all waste facility sites.
(Prior Code, § 8.16.040)
(Ord. 94-1, passed - -)
(A) Free rubble site dump. One free dump of a pickup size load is allowed with a current paid city utility bill. CURRENT shall be defined as the current month. No other previous utility bill will be allowed for a free dump. The use of another person’s utility bill will not be allowed unless that person is present in the vehicle. White goods, tires, asbestos, waste oil, petroleum-contaminated soil, and other banned items are exempt from the Free Dump Policy and will be charged a fee. This policy is good during the normal working hours of the rubble site that will be set and can be changed by resolution. Fees for services may be changed by resolution.
(Prior Code, § 8.16.130)
(B) Recycling at the rubble site. Recycling at the rubble site is prohibited by any person under the age of 18 years of age. Persons over the age of 18 will be permitted only when a release agreement has been properly filled out and filed with the City Finance Office. The release agreement will need to be filled out and filed with the City Finance Office each year before a person can continue recycling at the rubble site.
(Prior Code, § 8.16.135)
(Ord. 08-4, passed - -; Ord. 09-4, passed 5-7-2009; Ord. 10-9, passed 10-5-2010)
(A) Unlawful dumping. No garbage, trash, or refuse shall be stored or accumulated anywhere within the limits of the city in a manner other than authorized by this chapter nor thrown or swept into any street, gutter, sewer, intake, alley, vacant lot, pond, or any other property, public or private. Every occupied premises within the city shall be responsible for the keeping of the alley to the rear of and the sidewalks in front of or abutting any building or improvements free from any accumulation of garbage, trash, or refuse. No commercial establishment or resident shall throw any garbage, trash, or refuse generated out of the commercial establishment or residence into any city-owned container except as designated for such use. No garbage, trash, or refuse (except as designated by this chapter) shall be stored or accumulated at the old dump site or the restricted use site. The unlawful dumping shall be punishable under state law.
(Prior Code, § 8.16.050)
(B) Unlawful usage of other dumpsters. No commercial establishment or resident shall throw any garbage, trash, or refuse generated out of the commercial establishment or residence into any container except for their own container designated for such use.
(Prior Code, § 8.16.055)
(Ord. 94-1, passed - -; Ord. 12-7, passed 12-6-2012) Penalty, see § 51.99
(A) All family domestic units within the city shall dispose of their refuse in the following manner.
All refuse shall be placed in metal or plastic garbage cans equipped with tightly-fitted covers or in plastic bags suitably designed and sufficiently strong to hold and confine the materials placed therein. Garbage cans shall be not more than 32-gallon capacity. Materials placed into a garbage can shall be drained and wrapped in paper to avoid odor and to prevent freezing to the can. No hot ashes shall be placed into any garbage container. All ashes must be placed in a cardboard box separate from all other garbage. The Public Works Director or City Council may require the use of plastic or metal garbage cans at any location if a persistent problem exists with animals breaking plastic bags.
(B) Garbage cans and waste material containers required by this section shall be kept on the premises adjacent to an alley bordering on the premises and so as to be accessible from the alley adjoining the premises. Where no alley is available, garbage cans and waste material containers shall be placed on the parkway or parking adjoining the premises on the day of the garbage collection only during such times as is practically necessary to permit scheduled collection and in no event more than 24 hours before or after the scheduled collection time. Garbage cans and waste material containers shall be so placed that the collectors of garbage do not have to carry such cans or containers for a distance of more than ten feet to reach the collection vehicle. No garbage truck shall be required to use any private driveway in collecting refuse under the provisions of this chapter.
(C) No person shall place any hazardous or special waste into any container for collection by the city or any commercial refuse collector authorized by the city to collect garbage and the like.
(Prior Code, § 8.16.070) (Ord. 94-1, passed - -) Penalty, see § 51.99
(A) The city shall make a charge for each month for the collection and disposal of refuse from each family domestic unit within the city. Such charges for collection and disposal of refuse shall be payable by and chargeable to either the owner or occupant of each dwelling and occupied by a family domestic unit. Such charge shall be added to the monthly water bill for each family domestic unit and shall be due and payable with and in addition to such water bill. All utility charges (including, but not limited to, refuse collection and disposal) shall be due by the first of the month following the service and delinquent by the tenth of the month following. In the event of nonpayment of the refuse collection and disposal charges, water service and refuse collection service to the dwelling unit may be forthwith discontinued by the city.
(B) In the event refuse collection and disposal service shall be provided by the city under the provisions of this chapter from any family domestic unit within the city, not independently served by the city water service and charged therefor, the owner and occupant of the dwelling unit occupied by such family domestic unit shall be charged for each month at the same rate that water users are charged. Such refuse collection and disposal service charge shall be forthwith payable to the city by either the owner or occupant of such dwelling unit. In the event of failure of payment of such charges, refuse collection and disposal service to such dwelling unit may be forthwith discontinued.
(C) In addition to the foregoing methods of charges and collections for refuse collection and disposal, the Finance Officer, under the direction of the City Council, may from time to time adopt, use, and enforce such other methods of billing and collection as may be reasonable, efficient, feasible, and appropriate to the end that, in every case, all collection and disposal charges provided by this section shall be paid.
(D) Rates for the charges for collection and disposal of garbage and refuse shall be set by resolution by the City Council.
(Prior Code, § 8.16.100) (Ord. 94-1, passed - -; Ord. 05-2, passed - -)
(A) Definition. A COMMERCIAL HAULER, for the purposes of this section, shall be defined as any person who hauls or transports garbage, trash, refuse, rubbish, and waste material through or upon the streets or alleys of this city for a consideration or a fee or as a part of a business activity.
(B) License required. It is unlawful for a commercial hauler to haul or transport any garbage, refuse, rubbish, trash, or waste material through or upon any street or alley of this city without first having obtained a license to perform such services from the city.
(1) Application for license. The application for a license required by the provisions herein shall be filed at the office of the Municipal Finance Officer.
(2) Amount of fee. The annual fee of the license shall be determined by the City Council by the adoption of a resolution.
(3) Approval required. Before any license shall be issued under the provisions of this section, the same shall first be approved by the City Council.
(4) Financial assurance. Prior to issuance of such license, the commercial hauler shall provide financial assurance in the form of a bond, letter of credit, certificate of deposit, or other assurance acceptable to the city in an amount to be established by resolution of the City Council to assure performance in conformity with federal, state, and local regulations.
(5) Proof of insurance. Prior to issuance of such license, the commercial hauler must provide proof of liability and workers’ compensation insurance. Thereafter, proof of insurance shall be provided annually on or before December 31 of each year to the City Finance Officer.
(6) Indemnification. As part of the license agreement, the commercial hauler shall indemnify the city against and hold the city harmless from any expense, liability, and claims of any kind of character arising out of either the commercial hauler’s failure to follow of federal, state, city, and landfill regulations or arising out of any injury or damage occurring during the course of conducting his or her business.
(7) Landfill contract. Prior to issuance of such license, the commercial hauler shall provide proof of a contract to haul to a landfill certified by the state and authorized by the city.
(8) Transfer. No license issued under the provisions of this section shall be transferable.
(9) Expiration. Every license issued under the provisions of this section shall be reviewed for renewal or expiration on or before December 31 following its date of issuance.
(10) Display of license. A copy of the license issued hereunder shall be displayed on/in each vehicle at all times.
(11) Licenses generally. Licensed commercial haulers shall provide themselves with suitable vehicles which shall be watertight and shall be permanently covered on top so as to prevent the escape of odors and contents and so as to hide the garbage form the public view. Such vehicles shall be thoroughly washed at such times as may be directed by the city or as may be necessary to keep vehicles in proper sanitary condition. Such vehicles, when conveying garbage, shall be so loaded and unloaded that the contents shall not fall or spill upon the ground. No article or item shall be carried on such vehicle so as to drag upon the street. All vehicles used for the collection of garage shall be equipped with an all-metal box which shall otherwise comply with the requirements of this section. All-metal boxes shall be equipped with metal doors which shall be in a closed position when the truck is in motion.
(12) Loading of vehicles. Vehicles used for transporting garbage, trash, rubbish, and waste material to a sanitary landfill shall be so loaded that no material shall fall off or be blown off the vehicle while in transit.
(13) Revocation. Any license issued under the provisions of this section may be revoked by the City Council for the violation by the licensee of any applicable provision of state law or city ordinance, rule, or regulation.
(14) Frequency of garbage collection. Collections from family domestic units shall be at least once a week. Collections from commercial units shall be frequent enough so as to avoid unsanitary conditions.
(15) Reporting of weights. All licensed commercial haulers will report to the City Finance Officer, on a monthly basis, the total weight and/or tonnage of garbage, trash, rubbish, and waste materials collected within the city for every calendar month. Each hauler will provide certified scale weigh tickets or other form of certified weight measures deemed acceptable by the city for garbage collected within the city on or before the tenth of every calendar month for the previous month’s garbage collections.
(Prior Code, § 8.16.140) (Ord. 04-5, passed - -) Penalty, see § 51.99
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