Terms used in this chapter, unless the context otherwise plainly requires, shall mean:

“Garbage” means and includes, but is not restricted to, every accumulation of animal, vegetable, or other mineral:

1. Resulting from the preparation and consumption of edible food stuffs;

2. Resulting from decay, dealing in, or storage of meats, fish, fowl, fruits, or vegetables, including the cans, containers, or wrappers or waste along with such materials;

3. Such industrial, domestic, and organic solid waste or residue of animals sold for meat;

4. Fruit, vegetable, and animal matter from kitchens, dining rooms, markets, fruit establishments, or any other place using, dealing in, or handling meats, fish, fowl, fruits, vegetables or grains; or

5. Offal, animal excreta, or the carcasses of animals, fish or fowl.

“Hazardous and toxic wastes” mean the garbage, rubbish, rubble and refuse that requires special handling to avoid damage to property or illness or injury to persons or animals.

“Incineration” means the processing and burning of garbage, rubbish, rubble, and refuse for the purpose of volume and weight reduction and all facilities designed and used for such purpose.

“Occupant” means the person who has the use of, or occupies, any building, whether residence or commercial, or a part or portion of such building, whether the actual owner, tenant, or subtenant. In the case of vacant buildings, residence or commercial, or any vacant portion of the buildings, the owner, agent, or other person having custody of such building shall have the responsibility of an occupant of such building.

“Open burning” means uncontrolled burning of waste in the open, in open containers, or in an open dump.

“Owner” means the actual owner of the property, building, or site, or the agent of the owner in charge of such building, property, or site, or the person to whom any rental upon such building, property, or site is paid. In the case of property being leased under agreement which holds the lessee responsible for maintenance and repair, the lessee shall be, in such cases, considered as the owner.

“Refuse” means garbage, rubbish, and rubble, incinerator ash, incinerator residues, street cleanings, market and industrial solid waste, and sewage waste in dry or semi-dry form.

“Residential occupant” means and includes a dwelling house and a place of human habitation and shall be any household established in a building whether or not it is a single-family dwelling.

“Rubbish” means and includes, but is not restricted to, all nonputrescible waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood, wood products, crockery, glass, rubber, metal, plastic, construction waste and debris, tin cans, bedding, or litter of any kind.

“Rubble” means stone, brick, rock or similar organic material.

“Solid waste hauler” means any person, firm, or corporation who collects garbage, rubbish, rubble, and refuse within the geographical limits of the municipality or from a central collection point and transports such to a disposal site.

“Truck” means any truck, trailer, semi-trailer, conveyance, or other vehicle which has been designed and manufactured specifically for the purpose of collecting garbage, rubbish, rubble, and refuse, or to haul or transport garbage, rubbish, rubble, and refuse upon public highways or thoroughfares. (Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-1)

A. All garbage, rubbish, rubble, and refuse created, produced, or accumulated in or about a dwelling house or place of human habitation in the city limits of the city shall be removed from the premises at least once each week. The city may require a greater number of collections per week.

B. The city shall contract for lowest responsible bid to a solid waste hauler for a period of one to three years. The city shall bill all residents on their monthly utility statements. No billing will be done by the private hauler for residential service. Commercial establishments shall contract privately for the removal of garbage, rubbish, rubble, and refuse from their premises in compliance with the terms of this chapter.

C. The rate to be charged to the residential occupant for garbage, rubbish, rubble, and refuse collection shall be as established by the city council and on file in the office of the finance officer.

D. As per state law (SDCL 34A-6-29), garbage, rubbish, rubble, and refuse fees take precedence over all other utility charges. (Ord. 452 § 1 (part), 2003: Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-2)

Every owner, lessee, or occupant of any private dwelling house and every keeper of a hotel, restaurant, eating house, boarding house, or other building where meals are furnished and every other person having garbage, rubbish, rubble, and refuse in the city shall provide, and at all times, keep within such building or conveniently located near such building, suitable and sufficient watertight cans, each capable of holding garbage, rubbish, rubble, and refuse, or a suitable container approved by the city and deposit in such container, and not elsewhere, all garbage, rubbish, rubble, and refuse accumulating on such premises. The containers shall be equipped with suitable bails or handles and shall have tightly fitted covers and shall not leak, nor permit the escape of odors. The weight of the garbage, rubbish, rubble, and refuse container and its content shall not exceed seventy-five (75) pounds. Such containers shall be so located on the premises as to be readily accessible to the garbage, rubbish, rubble, and refuse collector who is required to render pickup service; containers shall be made accessible to the collection service. Rubbish may also be disposed of in such containers provided the containers may be easily lifted, emptied, or hauled away, and they do not exceed the weight limit established in this section. (Ord. 452 § 1 (part), 2003: Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-3)

No person, owner, agent, or occupant of any premises in the city, whether vacant or improved, shall allow any accumulation of garbage, rubbish, rubble, and refuse to remain thereon for longer than two weeks if such garbage, rubbish, rubble, and refuse is within four hundred (400) feet of any dwelling house of commercial building, nor for more than four weeks if beyond such distance, nor for any period of time if such accumulation is found by the city to constitute a public or private nuisance. (Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-4)

No person, owner, agent, or occupant of any premises in the city shall keep, place, or deposit garbage, rubbish, rubble, or refuse at any public or private grounds or premises, except in containers or receptacles for collection upon premises owned, occupied, or under possession or control of such person, provided, however, that lawn and garden trimmings may be composted, and that the city may designate certain areas, locations, or containers for the deposit of garbage, rubbish, rubble, and refuse. (Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-5)

Except for special haul service, no garbage, rubbish, rubble, and refuse will be collected unless in standard containers or in securely tied bundles as defined in this chapter. A bundle is a package containing rubbish only, not exceeding four feet in its longest dimensions, securely tied with a cord or rope of sufficient strength to permit lifting and carrying of the full weight without spillage or leakage, which bundle shall be placed for collection immediately adjacent to the standard container. (Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-6)

A solid waste hauler shall not collect garbage, rubbish, rubble, and refuse between the hours of seven p.m. one day and eight a.m. the next day. (Ord. 452 § 1 (part), 2003: Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-7)

A. All trucks collecting or transporting rubbish or mixed garbage and rubbish along or on a public highway shall be covered. The coverage shall be a clean tarpaulin securely tied down over the entire load, or such other cover as will prevent spilling. All trucks collecting or transporting rubbish mixed with garbage shall be of watertight construction.

B. Trucks transporting, but not collecting garbage unmixed with rubbish shall be equipped with watertight metal tanks and shall be covered by a suitable metal cover or covered by other satisfactory and acceptable methods approved by the city. All persons transporting garbage shall clean and disinfect all equipment so used at least once weekly or as often as needed.

C. Trucks collecting garbage from residential occupants shall not exceed the maximum capacity of twenty-six (26) yards. Trucks which provide garbage collection service to commercial establishments shall not exceed a maximum capacity of twenty-six (26) yards. All such trucks will have a watertight metal tank and shall be covered so that not more than one-half of any truck can be uncovered at any one time. The cover shall be fully closed while the truck is traveling between place of collection and place of transfer disposal. At all times, the truck shall obey all weight limits imposed on them by state law while driving on city streets, including any seasonal load limits. All persons collecting garbage shall clean and disinfect all equipment as often as needed to prevent health hazards. (Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-8)

There shall be no open burning of garbage, rubbish, rubble, and refuse within the city limits. This section shall not apply to incinerators or fireplaces located within a building or to actions of the fire department in firefighting practice. (Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-9)

Garbage fees will be waived for any owner, lessee, or occupant of any private dwelling house or apartment, that will be vacant for sixty (60) days or more, provided City Hall is notified before vacating and upon return to such dwelling. (Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-10)

The city may maintain and operate a restricted use site at its discretion. The city may set limitations of what type of materials may be deposited at the restricted use site. The city council may set hours of operation of the restricted use site and any resident may deposit authorized materials during the regular hours. (As added by ordinance dated 6/13/05)

Anyone depositing materials at the restricted use site during nonbusiness hours or depositing unauthorized materials at the restricted use site shall be subject to a fine not to exceed two hundred dollars ($200.00) and/or thirty (30) days in jail. (As added by ordinance dated 6/13/05)