(A) The Winner city landfill operates as a rubble site under the regulations of the State of South Dakota. It is permitted to accept only certain items, to be separated according to permissible categories. The permissible categories include treated wood, untreated wood, scrap metal, tires, plastic, and yard waste limited to grass clippings, leaves, branches and trees. The city landfill has designated places within the property for disposal of items in all permissible categories.
(B) Every person who disposes of anything at the landfill shall dispose of each item in the designated location. Any fees that are due shall be paid at the time of disposal.
(C) It shall be unlawful for any person to dump, deposit or dispose of any item at the Winner city landfill that is not permitted to be disposed of at the site. In addition, it shall be unlawful for any person to dump, deposit or dispose of any item at the city landfill in any location other than the place designated to receive such item.
(D) Any person violating division (C) of this section shall be fined the sum of $500 for each separate violation.
(E) Any motor vehicle which is used in a violation of division (C) of this section in circumstances where the driver of the vehicle is unknown shall be subject to a civil penalty of $500. The City Attorney shall commence a civil in rem proceeding against a vehicle charged with being used in committing a violation of division (C). If it is established by a preponderance of the evidence that the charged vehicle was used in committing a violation of division (C), the civil penalty of $500 shall be assessed against the vehicle and shall be a lien on such vehicle until the penalty is satisfied.
(F) The lien imposed by division (E) of this section shall not apply to any vehicle which at the time of the violation is leased, loaned, or being used without the owner's permission and the lien shall be subordinate to a perfected security interest or lien registered on the title at the time of the violation.
(Ord. 1005, passed 7-6-2021; Ord. 1024, passed 4-4-2022; Ord. 1050, passed 5-15-2023)