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Title 3 – City Ordinances – Health and Sanitation

 

TITLE 3 – HEALTH AND SANITATION

Chapter 3.01 – Nuisances
Chapter 3.02 – Collection of Garbage
Chapter 3.03 – Regulation of Storage Tanks

CHAPTER 3.01 – NUISANCES

3.0101 Definitions. For the purpose of this Chapter, the following terms and words shall have the meaning given herein:

A.Nuisance. Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes but shall not be limited to weeds; litter; diseased vegetation; abandoned, wrecked, dismantled or discarded vehicles; open excavations or trenches; open burning, and dangerous or dilapidated buildings.

B.Weeds. Dense growth of any weeds, vines, brush or other vegetation in the City which may constitute a health, safety or fire hazard.

C.Litter. Any waste material including garbage, refuse, and rubbish as defined herein, which if thrown or deposited as prohibited in this Chapter, may create a danger to public health and safety.

1.Garbage shall include any putrescible (likely to rot) animal and vegetation wastes resulting from the handling, preparation, cooking and consumption of food.

2.Refuse shall include any putrescible and nonputrescible solid wastes such as garbage, rubbish, ashes, dead animals, and solid market and industrial wastes.

3.Rubbish shall include any nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including paper, wrappings, rags, vegetation, discarded or unused objects or equipment such as furniture, appliances, cans or containers, and other similar materials.

D.Vehicle. Any machine propelled by power other than human power designed to transport persons or property or pull machinery and shall include but not be limited to automobiles, trucks, trailers, motorcycles, tractors, and recreational equipment.

3.0102 Duty of Maintenance of Private Property. No persons owning, leasing, occupying, or having charge of any premises within the City shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of other property in the neighborhood in which such premises are located.

3.0103 Permitting Grass or Weeds Within the City Limits To Grow Over 8″ (Inches). No person shall allow grass or weeds to grow over 8″ (inches) upon any private property. If any owner or occupant of real estate allows such vegetation to reach 8″, notice shall be given sent by regular US Mail to the owner of such property to remove the growth, so as to bring the property in compliance. Only one such notice need be given to any landowner during a growing season. After a notice has been sent, the property owner shall have five (5) working days to bring the property into compliance. If the property owner fails to do so within this time limit, the City shall proceed to mow the property and remove weeds where necessary. Thereafter, the property owner shall receive a bill from the City for mowing. For subsequent violations within the same growing season, the City may proceed to mow the property (if the grass/weeds exceed 8” (inches) without further notice or time for compliance. The rate will be $75.00 per hour for mowing and weed removal. A second offense Subsequent mowing upon the same property within the same season will result in the rates doubling to $150.00 per hour. If the any bill is not paid remains unpaid, the City may recover the expenses so incurred from the person in a civil suit instituted for such purpose, or it may levy an assessment against such property and collect the same. The City Council shall cause to be published all assessments, together with a notice that said assessments shall be considered by the City Council at the regular October September 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 ten (10) days prior to the October September meeting. Within ten (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 County Auditor. and shall be due and payable to the City. If the assessment is not paid within sixty (60) days of filing, a penalty cost of ten (10) percent shall be added in addition to an annual interest rate at the highest rate allowed by law on the unpaid balance. (SDCL 9-29-13). Amended 12/4/13 Ordinance 2013-1

3.0104 Diseased Vegetation. Any owner, occupant, or person in charge of any property within 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 ten (10) days from the date of said notice to show cause why said trees, brush, wood, or debris should not be declared a public nuisance. Any diseased vegetation which is removed shall be properly disposed of by burning or burying in a proper disposal site. (SDCL 9-32-12)

3.0105 Litter 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. 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.

3.0106 Litter Thrown or Deposited from Vehicles. No persons, while a driver or passenger in a vehicle, shall throw or deposit litter 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.

3.0107 Litter on Private Property. 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.

3.0108 Abandonment of Vehicles. No person shall abandon any vehicle within the City for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

3.0109 Parking and Storage of Vehicles. No person shall park or store any partially dismantled, non-operating, wrecked, or junked vehicle of any kind or type without current license plates, on any street or public property within the City.

3.0110 Deposition of Wrecked or Discarded Vehicles. No person in charge or control of any property within the City whether as owner, tenant, occupant, or otherwise, shall allow any partially dismantled, non-operating, wrecked, junked, or discarded vehicle to remain on such property longer than twenty-four (24) hours; except that this Section shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City.

3.0111 Impounding. The City Council shall be authorized to remove or have removed any vehicle left at any place within the City which reasonably appears to be in violation of this Chapter or is lost, stolen, or unclaimed. In the event the council authorizes such removal, such vehicle shall be towed/removed by any commercial towing service given such authorization by the City Council and impounded until lawfully claimed or disposed of by the towing service. A daily storage charge as established by the City Council shall be assessed each vehicle until such vehicle is claimed. The owner of the vehicle shall be responsible for all towing costs, in addtion to a towing charge in an amount set by the City Council. The City shall not be liable for any damages to property or persons occurring as a result of towing or storage. Amended 5/7/2014 Ordinance 2014-2

3.0112 Open Burning. There shall be no burning of garbage. If such happens after the first warning, a second offense shall be a misdemeanor with a fine of $50.00.

Open burning shall be permitted if contained so as to prevent scattering. Material so burned shall only include leaves, dry grass clippings and small branches. These materials should be dry and consumed without undue smoke. Such burning shall be on the property of the owner. If damage should occur to other people’s property or undue smoke bothers other people, the person burning the permitted materials shall be liable for whatever damages take place.

3.0113 Dangerous or Dilapidated Buildings. No person shall maintain, or cause or permit the same, any building or premises in the City 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 thereby annoy, injure, or endanger the comfort, repose, health or safety of others, or if such conditions or defects exist to the extent that the life, health, property, value of property or safety of the public is jeopardized:

A. Whenever any building or structure is (i) vacant and unoccupied for the purpose for which it was constructed, and (ii) the building is unfit for occupancy as it fails to meet minimum building standards, and (iii) the building has remained substantially in such condition for a period in excess of six (6) months.

B. Whenever any building or structure through lack of maintenance or attention and by virtue of its physical appearance and presence thereby depresses the market value of surrounding properties. (SDCL 9-29-13)

3.0114 Excavations and Trenches. No person shall maintain any excavation, trench or open basement in the City in which stagnant water is permitted to collect or which may jeopardize the life, limb or safety of the general public. (SDCL 9-29-13)

3.0115 Keeping of Animals and Responsibilities. No person shall create or maintain any condition, or operate any equipment or keep any animal, fowl, livestock or pet under his or her jurisdiction in such a way that such condition or operation causes or is likely to cause a nuisance. Any violation of this section shall constitute a misdemeanor.

No owner, caretaker, or keeper of any animal shall allow such animal to defecate on public or private property in the City other than his or her own. If such animal does defecate upon public or private property, the owner, keeper, caretaker or attendant shall immediately and thoroughly clean the fecal material from such property. Any violation of this section shall constitute a misdemeanor.

3.0116 Abatement of Nuisances. The City Council shall 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 deemed guilty of a violation of this Chapter. The City Council shall cause to be removed or abated any such nuisance upon the expiration of a reasonable time after the serving of such notice, and the City may recover the expenses so incurred from the person maintaining such nuisance by levying an assessment against the property and collecting the same. (SDCL 9-29-13)

CHAPTER 3.02 – COLLECTION OF GARBAGE

3.0201 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 on days of pickup.  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 houses 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 he 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.  Amended 3/8/17  Ordinance # 2017-0109

Refuse Removal.  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 of Bridgewater shall be removed from the premises at least once a week.  The City may require a greater number of collections per week.

The city shall contract (for the lowest bid) to a solid waste hauler for a period of one to three (1-3) years.  The city shall bill all residents on their monthly utility statements.  No billing will be done by the garbage hauler for residential service.  Commercial establishments shall contract privately for the removal of garbage, rubble, and refuse from their premises in compliance with the terms of this chapter.

The rate to be charged to the residential occupant for garbage, rubbish, rubble, and refuse shall be as established by the city council and such rates shall be kept on file in the office of the finance officer.  Such rates may be change by resolution.

3.0202  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.  Garbage collectors shall be under no obligation to remove any garbage unless the payments of the removal of such garbage as provided by contract with the customer shall have been made. Amended 3/8/17  Ordinance #2017-0109

Storing Garbage Prior To Collection. 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, or refuse in the City of Bridgewater shall utilize, at all times, a garbage container approved by the city (and supplied by the garbage contractor) and shall deposit in such container, and not elsewhere, all garbage, rubbish, rubble, or refuse accumulating on said premises.  Such containers shall be so located on the premises as to be readily accessible (on garbage pickup day) to the garbage, rubbish, rubble or refuse collector who is required to render pickup service. Containers shall be made accessible to the collection service at the curb site of the nearest public traveled thoroughfare.  Garbage, rubbish, rubble, or refuse containers shall not be placed adjacent to the street for pickup service more than twenty-four (24) hours prior to pickup times; the containers shall be removed within twelve (12) hours after pickup.

 3.0203  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 operators permit number for disposal in an approved sanitary landfill. Amended 3/8/17  Ordinance #2017-0109

Violations.  Any violation of the provisions of this chapter is a misdemeanor offense, punishable according to the provisions found in Chapter 12 of these ordinances.

3.0204  City Not Liable.  The City shall not be liable for any expense incurred through the failure of the garbage contractor or operator or his agents and employees, to operate and maintain perform 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) Amended 3/8/17  Ordinance #2017-0109

3.0205  Equipment.  Every garbage collector shall use equipment which will not permit any leakage or spilling and such truck or trailer shall be so covered so that trash, garbage, rubbish or waste will not be dropped or spilled in transit to any place in the City, and any violation of this Section shall be sufficient cause for revocation of the collectors permit, and in addition thereto he shall be guilty of a misdemeanor and subject to fine. garbage/solid waste contract. Amended 3/8/17  Ordinance #2017-0109

3.0206  Vehicles for collection of garbage and recyclables.  Licensed commercial garbage and recyclable haulers shall provide themselves with suitable vehicles which shall be water tight and permanently covered on top so as to prevent the escape of odors and contents and so as to hide the garbage from the public view.  Such vehicle shall be thoroughly washed at such times as may be necessary to keep the 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 thing shall be carried on such vehicle so as to drag upon the highway.  Vehicles will have a limit of 12,000 lbs. GVW on residential streets. No article or thing shall be carried on such vehicle so as to drag upon the highway.

Commercial Garbage haulers shall obey all the ordinances of the City and all the rules and regulations relating to the collection and handling for garbage and recyclables, and shall report to the City Council any violations which may come to their attention.  The license issued under this article may be revoked by the Council for the violations by the licenses of any provision of State law, Federal law or City Ordinances. Amended 3/8/17  Ordinance #2017-0109

3.0207  Insurance.  No license contract shall be issued to made with any garbage hauler until proof of liability insurance is furnished to the City in the following amounts:

$250,000 per person bodily injury; and
$500,000 multiple person bodily injury; and
$100,000 property damage.

Said liability insurance shall be in force the entire term of the license contract. Amended 3/8/17  Ordinance #2017-0109

CHAPTER 3.03 – REGULATION OF STORAGE TANKS

3.0301 Definition of Terms. Terms are used in this Chapter, unless the context otherwise requires, mean:

A. City Limits. The municipal boundaries of the City of Bridgewater, South Dakota.

B. Department. Department of Environment and Natural Resources.

C. Local Designated Agencies. Agencies or subdivisions of state government which are designated by the governor to carry out portions of this ordinance.

D. Nonoperational Storage Tank. Any underground or above ground storage tank in which regulated substances may not be deposited or from which regulated substances may not be dispensed.

E. Regulated Substance. Any substance defined in section 101(4) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including any substance regulated as a hazardous waste under subtitle (c), and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute.

F. Storage Tank, Above Ground and Underground.

1. Storage tank, above ground.” Any stationary tank or combination of stationary tanks above ground, including connected pipes, which stores an accumulation of regulated substances as defined in E above.

2. “Storage tank, underground.” Any tank or combination of tanks including underground pipes which contains an accumulation of regulated substances as defined in E above, and the volume of which, including the volume of underground pipes, is ten percent (10%) or more below the surface of the ground.

Neither the above ground nor the underground storage tank definition shall include:

1. A farm or residential tank with a capacity of one thousand one hundred (1,100) gallons or less used for storing motor fuel for noncommercial purposes.

2. A tank used for storing heating oil for consumptive use on the premises where stored.

3.A septic tank.

4. A pipeline facility, including gathering lines, regulated under the Natural Gas Safety Act of 1968, the Hazardous Liquid Pipeline Act of 1979 or a pipeline which is an intrastate pipeline facility regulated under state laws comparable to the provisions of law referred to above.

5. A surface impoundment, pit, pond, or lagoon.

6. A storm water or wastewater collection system.

7. A flow-through process tank.

8. A liquid trap or associated gathering lines directly related to oil or gas production or gathering operations.

9. A storage tank situated in an underground area such as a basement, cellar, mine, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor.

10. Any pipes connected to any tank which is described in subsections A to I, inclusive, of this section. (SDCL 34A-2-98, 34A-2-100)

3.0302 Regulation of Underground Storage Tanks. The installation and operation of underground storage tanks within the city limits shall be regulated pursuant to SDCL 34A-2-99, in accordance with rules 74:03:28:01 – 74:03:28:29 and rules 74:03:29:01 – 74:03:29:19 of the Administrative Rules of South Dakota. These rules pertain to:

A. Requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment.

B. Requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system.

C. Requirements for the reporting of any releases and corrective action taken in response to a release from an underground storage tank.

D. Requirements for taking corrective action in response to a release from an underground storage tank.

E. Requirements for the closure of tanks to prevent future releases of regulated substances to the environment.
F. Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank.

G. Standards of performance for new underground storage tanks.

H. Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational underground storage tank.

I. Requirements for providing the information required on the form issued pursuant to Section 9002(b)(2) of the Federal Resource Conservation and Recovery Act re-authorization of 1984.

3.0303 Regulation of Above Ground Storage Tanks. The installation and operation of above ground storage tanks within the city limits shall be regulated pursuant to SDCL 34A-2-101, in accordance with rules 74:03:29:01 – 74:03:29:18 and 74:03:30:01 – 74:03:30:29 of the Administrative Rules of South Dakota. These rules shall be exercised in substantial conformity with the current codes and standards recommended by the National Fire Protection Association for the storage of flammable and combustible liquids as contained in NFPA 30 on January 1, 1987. The rules provide for the following:

A. Requirements for maintaining a leak detection system, an inventory system, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment.

B. Requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system.

C. Requirements for the reporting of any releases and corrective action taken in response to a release from any above ground storage tank.

D. Requirements for taking corrective action in response to a release from any above ground storage tank.

E. Requirements for the closure of tanks to prevent future releases of regulated substances to the environment.

F. Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating any above ground storage tank.

G. Standards of performance, including, but not limited to, design, construction, installation, and compatibility standards for new above ground storage tanks.

H. Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational above ground storage tank.

I. Requirements for providing the information required on the form required by the department.

3.0304 Installation of Above Ground Storage Tanks for Storage of Regulated Substances Prohibited – Exceptions. No person may install any above ground storage tank for the purpose of storing regulated substances unless the tank will prevent releases due to corrosion or structural failure for the operational life of the tank, is designed in a manner to prevent the release or threatened release of any stored substance, and the material used in the construction or lining of the tank is compatible with the substance to be stored. (SDCL 34A-2-102)