TITLE 3 -- HEALTH AND SANITATION
Chapter 3.02 - Collection of Garbage
Chapter 3.03 - City Restricted Use Facility
3.01.01 Prohibited and Defined. No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance as defined herein, within the City. The following specific acts, conditions and things are, each and all of them, hereby declared to constitute nuisances:
A. Depositing, maintaining, or permitting to be maintained, or to accumulate upon any public or private property, any household wastewater, sewage, garbage, refuse, rubbish, offal, excrement, decaying fruit, vegetables, fish, meat, bones; any fowl, putrid, or obnoxious liquid substance; putrescible and non-putrescible animal or vegetable wastes or solid wastes, or any other waste material which constitutes or tends to create a danger to public health, safety or welfare. (SDCL 9-32- 10, 34A-7-9)
B. The accumulation of manure, garbage or anything whatsoever which may be breeding areas for flies, mosquitoes, or rodents. (SDCL 9-32-10)
C. Permitting weeds to grow to maturity on any private property, including, but not limited to, Canada thistle, sunflowers, ragweed, cockleburr, burdock, black mustard, sweet clover, and bullthistle. Also, allowing the dense growth of any vegetation including brush or grass, without proper trimming or mowing, which may constitute a health, safety, or fire hazard. (SDCL 9-32-12)
D. For the owner of a dead animal to permit it to remain undisposed of longer than 24 hours after its death. (SDCL 9-29-13)
E. Any excavation, trench or open basement in which stagnant water is permitted to collect or which may jeopardize the health or safety of the public. (SDCL 9-29-13)
F. Throwing or letting fall on or permitting to remain on any street, alley, or public ground any manure, garbage, rubbish, filth, fuel or wood while engaged in handling or removing any such substance. (SDCL 9-32-10)
G. Keeping or maintaining any building or enclosure where livestock or poultry is authorized to be kept, unless the same be at all times kept in a clean and sanitary condition. No person shall place, keep or maintain swine within the City. Livestock and poultry shall include any animals kept or maintained for human consumption or for sale or resale. (SDCL 9-29-13)
H. Disposing of refuse and/or other combustible material by open burning, or causing, allowing, or permitting the conducting of a salvage operation by open burning in the City except as otherwise permitted by the City Council. The following types of open burning shall be permissible for a specific purpose when conducted in conformity with the subsections set forth below:
1. Fires purposely set for instruction and training of public and industrial firefighting personnel when authorized by the Fire Chief.
2. Fires purposesly set for the elimination of a fire hazard which cannot be abated by any other means when authorized by the Fire Chief.
3. Fires purposely set by city maintenance personnel for the purposes as authorized by the Fire Chief.
4. Campfires and other fires used solely for recreational purposes, for ceremonial occasions, or for outdoor preparation of foods. (SDCL 9-33-1)
I. Maintaining, or causing or permitting the same, any building or premises which is determined to be dangerous or dilapidated. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous or dilapidated building, if such conditions or defects exist to the extent that the life, health, property, value of property or safety of the occupants or the public are jeopardized:
1. Whenever any building or structure is vacant and unoccupied for the purpose for which it was erected, or unfit for occupancy as it fails to meet minimum housing standards, and has remained substantially in such condition for a period in excess of 6 months.
2. Whenever any building or structure, through lack of maintenance or attention and by virtue of its physical appearance and presence, depresses the market value of surrounding properties. (SDCL 9-29-13). The Building Inspector, as appointed by the City Council, shall investigate alleged nuisances and report findings to the City Council.
J. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area of any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other metal; mattresses, bedding, clothing, rags, or cloth; straw, packing material, cardboard or paper; tin cans, wire, bottles, glass, cement; wood or timber not neatly stacked or piled; toys not neatly stacked or piled.
(Amended Ordinance 499)
3.01.02 Littering in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in authorized public or private receptacles. The following further identifies acts and conditions that constitute nuisances and are therefore prohibited:
A. No person shall sweep into or deposit in any gutter, street, or other public place within the City, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property or places of business shall keep the sidewalk in front of such premises free of litter. For purposes of this Ordinance, a public nuisance shall also include snow and ice when deposited or allowed to accumulate in conflict with the provisions of this Section.
B. No persons, while a driver or passenger in a vehicle, shall throw or deposit litter, including any combustible materials, upon any street or other public place or upon private property within the City. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents, or litter from being blown or deposited upon any street, alley or other public place.
C. No person shall throw or deposit litter on any occupied, open or vacant private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being deposited upon any street, sidewalk or other public place or upon any private property.
3.01.03 Abandoned, Wrecked, Dismantled or Inoperative Vehicles. No person shall abandon any vehicle within the City of Canistota for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
A. Definitions. For the purposes of this Section, the following terms, words and phrases and their derivations shall have the following meanings:
1. "Vehicle or Motor Vehicle" shall mean any vehicle which is self-propelled and designed to travel along the ground. This definition shall include but not be limited to automobiles, buses, motor bikes, motor scooters, motorcycles, trucks, tractors, go-carts, golf carts, campers and trailers.
2. "Junked Motor Vehicle" shall mean any wrecked, fully or partially dismantled, or inoperative motor vehicle, or part of a motor vehicle which is not placed in an authorized junkyard.
3. "Abandoned Motor Vehicle" shall mean any motor vehicle which is left unattended, within the City for a period longer than 24 hours, on a public street, alley, public place, parking lot, or on private property without permission of the property owner. Any abandoned motor vehicle for which arrangements are made for parking with the Chief of Police, shall not be considered an abandoned motor vehicle for the purposes of this Section.
4. "Private Property" shall mean any real property within the City which is not owned by a governmental entity.
B. Nuisance Declared. The presence of an abandoned or junked motor vehicle or parts thereof on public or private property is hereby declared a public nuisance which may be abated in accordance with the provisions of this Section. This regulation does not apply to motor vehicles enclosed within a building, held in connection with a business enterprise lawfully licensed by the City and properly operated in accordance with any City Zoning Regulations, or in an appropriate storage place or depository maintained or authorized by the City.
C. Vehicles on Public Property. No person shall leave or permit another to leave an abandoned or junked motor vehicle, whether attended or not, upon any public property within the City.
1. Removal. Whenever any law enforcement officer finds an abandoned or junked motor vehicle on public property within the City, the officer is authorized to place written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within 24 hours of the giving of the notice. After the expiration of the 24 hour period, the vehicle may be so removed. All expenses incurred in moving such vehicle shall be the responsibility of the owner.
2. Vehicles Creating a Hazard. An abandoned or junked vehicle found in or upon a bridge, causeway, tunnel, or on any portion of a roadway where the vehicle constitutes an obstruction and hazard to traffic, may be removed at any time and without regard to the other provisions of this Section.
3. Notice to Owner. Within ten days after any vehicle has been removed, the law enforcement officer shall send or cause to be sent written notice by certified mail to the registered owner, if any, of the vehicle and to all readily identifiable lien holders of record at their last known address. The notice shall set forth the date and place of the taking, the year, the make, model and serial number of the abandoned or wrecked motor vehicle and the place where the vehicle is being held, and shall inform the owner and any lien holders of their right to reclaim the vehicle. The notice shall be on a form provided by the S.D. Department of Revenue. (SDCL 32-36-8). Title to any abandoned or junked motor vehicle shall vest in the City after a period of 30 days from the date written notice was sent to the registered owner and any lienholders of record, should the registered owner or lienholder fail to claim such vehicle or file written notice of intent to claim such vehicle. (SDCL 32-36-9) The City shall then apply to the S.D. Department of Revenue for the appropriate title. (SDCL 32-36-11). If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in the official newspaper of the City. Such publication, once made, shall constitute notice as required by this section.
4. Disposal of Removed Vehicles. Upon receipt of title for a removed vehicle, the City shall declare such vehicle surplus property and dispose of it as follows: Any surplus vehicle shall be appraised according to law and shall be sold at public auction to the highest bidder. Notice of such auction shall be published twice in the official newspaper of the City, and any other publication approved by the City Council, with the first publication occurring not fewer than ten days prior to the date of the sale. The notice of sale shall contain a description of said vehicle to be sold, including year, make model, serial number, color, license number (if any), and a statement that said vehicle was found abandoned. Said notice shall also include the place, date and time at which said vehicle will be sold.
5. Proceeds of sale. The proceeds of any such disposal shall first be applied to the cost incurred in the enforcement of this Section, with the balance to be deposited to the general funds of the City. If the proceeds fail to cover the costs incurred in the enforcement of this Section, the City shall be authorized to take any legal actions necessary to recover said costs.
D. Vehicles on Private Property. No person owning, in charge of or in control of any real property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned or junked motor vehicle of any kind to remain on such property longer than 14 days.
1. Notice. When it comes to the attention of the City that any person has an abandoned or junked motor vehicle on his or her property, the City shall notify the property owner by Certified Mail of the discovery.
2. Contents of Notice. The notice provided for in Part D.1. of this Section shall include a request for removal of said vehicle within 14 days after the mailing of said notice, and shall also include advisement that failure to comply with said notice shall be a violation of this Section.
3. Procedure. If the property owner does not comply with the provisions of the notice in Part D.2. of this Section, the City shall give notice of removal to the owner or occupant of the private property where said vehicle is located. Said notice of removal shall be delivered to the property owner, either by Certified Mail to the property owner's last known address or personally by a City official.
4. Responsibility. Upon proper notice as provided for in Parts D.1., D.2. and D.3., the property owner shall be responsible for the removal of said vehicle.
3.01.04 Diseased Vegetation. Any owner, occupant, or person in charge of any property under the jurisdiction of the City shall remove at his or her own expense any trees, brush, wood, or debris infected with Dutch Elm disease or other infestations or infectious disease found thereon when so notified by the City to do so. The City Council shall cause to be mailed to such owner, occupant, or person, written notice that they may appear before said City Council at an appointed time not less than 14 days from the date of mailing of said written notice to show cause why said trees, brush, wood, or debris should not be declared a public nuisance. At said meeting the City Council may resolve and declare the same to be a public nuisance and may order its removal by said owner, occupant, or person within 21 days from the date of service of said resolution and order on said owner, occupant, or person. Any diseased vegetation which is removed shall be properly disposed of by burning or burying in a designated disposal site. (SDCL 9-32-12)
3.01.05 Nuisances, How Abated. Unless otherwise provided for in this Chapter, the City Council shall, by certified mail, give written notice or cause written notice to be given to any person creating, permitting, or maintaining any nuisance to abate such nuisance forthwith, and if any person shall neglect or refuse to do so within a reasonable time after such notice, they shall be guilty of a violation of this Chapter. The City Council shall cause to be removed or abated any such nuisance, and the City recover expenses so incurred from the person maintaining such nuisance in a civil suit instituted for such purpose, or may levy an assessment against the property and collect the same. The City Council shall cause to be published all assessments for costs of removal or abatement of nuisances, together with a notice that said assessments shall be considered by the City Council at the regular October meeting of each year, at which time and place any person may appear and be heard. Such notice shall be published once in the official newspaper, and at least 10 days prior to the October meeting. Within 10 days after the assessment has been approved by the City Council, a certified copy of the same shall be filed with the Finance Officer, and shall be due and payable to the City. If the assessment is not paid within 60 days of filing, a penalty cost of 10 percent shall be added in addition to an annual interest rate at the highest legal rate allowed by law on the unpaid balance. (SDCL 9-29-13)
3.01.06 Penalty. Any person violating any provision of this Chapter shall be guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall be punishable as a separate violation.
CHAPTER 3.02 - COLLECTION OF GARBAGE
3.02.01 Storing Garbage Prior to Collection. All garbage shall be placed in either sealed water-tight bags or inside garbage containers, except leaves and grass which are to be just bagged, and set to the curb or accessible alley not more than 24 hours prior to scheduled pickup. All residents shall comply with the terms of the city garbage collection agreement and this ordinance, including but not limited to the maximum amount of garbage allowed to be set out for pickup at one time.
Whenever the premises in which garbage and rubbish accumulates are adjacent to a street or alley, the garbage and rubbish containers for such premises shall be kept in a location convenient and accessible to such street or alley; if premises are not adjacent to a street or alley, the garbage and rubbish containers shall be kept on the premises in such a location that they will be readily accessible to the nearest street or alley without being unsightly.
The proprietor or operator of each duplex, apartment house, or similar multiple family dwelling shall furnish and maintain for the use of the tenants a sufficient number of garbage containers to hold all garbage and rubbish that accumulates upon such premises in the course of a week, or shall require the tenants upon said premises to furnish such containers. The place where the garbage and rubbish containers are located shall be kept clean and in a sanitary condition at all times.
Every owner or person in charge of any restaurant, hotel, grocery store, wholesale or food processing establishment or any other business or commercial place having garbage or rubbish shall furnish and provide for use in connection therewith, a garbage or refuse container. Such container shall have covers for all openings, and shall be emptied often enough to prevent the same from giving off any odor or stench.
3.02.02 Private Operators. The collection of garbage and refuse in the City shall be made by private contractors or operators, who shall be subject to all local ordinances as well as all state and federal regulations. Collections shall be made at least once a week, unless otherwise required by the City Council.
3.02.03 Permit Required. Private contractors or operators involved with the collection of garbage or refuse in the City, shall apply for an annual permit to the City Council. Any permit approved and issued may be revoked by the City Council for violations of laws, regulations or stipulations governing such operations. Such application shall include the operator's permit number for disposal in an approved sanitary landfill.
3.02.04 City Not Liable. The City shall not be liable for any expense incurred through the failure of a contractor or operator or his agents and employees, to operate and maintain collection services in a proper and efficient manner, and for any actions that may result from, or be attributed to such services performed. (SDCL 9-32-11)
3.02.05 Equipment. Every garbage collector shall use equipment which will not permit any leakage and such equipment shall be covered so garbage will not be dropped or spilled in transit to any place in the City. Any violation of this Section shall be sufficient cause for revocation of the collectors permit in addition to being guilty of a misdemeanor.
3.02.06 Collection Rates and Billing. Garbage collection rates for occupants and commercial businesses residing within the City limits will be established and revised as appropriate by the City Council. All garbage collection charges will be billed monthly by the City.
CHAPTER 3.03 - CITY RESTRICTED USE FACILITY
3.03.01 Definitions. For the purposes of this Chapter, the following terms are hereby defined:
A. "Restricted Use facility" shall mean any facility which has received authorization under the General Permit for Restricted Use Solid Waste Disposal, as defined and issued by the State of South Dakota.
B. "Restricted Use waste" shall mean any materials which are allowed by the State of South Dakota to be disposed, temporarily stored or composted at a site which is operating under the General Permit for Restricted Use Solid Waste Disposal.
3.03.02 Location. The City Council shall select and establish a site outside the City Limits for the operation of a Restricted Use facility.
3.03.03 Use of Facility. The City's Restricted Use facility may be used only for the following purposes:
A. Disposal of rubble, tree limbs, wood products, construction debris and demolition debris;
B. Periodic burning, under direction of the City, of tree limbs and wood products;
C. Composting of yard waste, including grass clippings and leaves.
No person living outside the City and no firm or corporation located outside of the City, shall use said Restricted Use facility, unless a permit to do so is secured in advance from the City Council.
3.03.04 Signs. At the Restricted Use Facility, the City shall erect adequate signs directing places where refuse shall be deposited and the manner in which it shall be disposed. Any disregard of such signs shall be considered a violation of this Ordinance.