[Adopted as Ch. 4, Art. 2, of the 1976 Code]
As used in this article, the following terms shall have the
meanings indicated:
Kitchen refuse, decayed waste, dead animals, or anything
that may decompose and become offensive to the public health.
Discarded machinery, chips, pieces of wood, sticks, dead
trees, branches, bottles, broken glass, crockery, tin cans, boxes,
papers, rags, or any other litter or debris that is not an immediate
hazard to the health of the residents of the municipality.
Cinders, ashes, plaster, brick, stone, sawdust, or sand.
The accumulation of, keeping or disposing of any garbage or
refuse within the municipal limits is hereby declared to be a health
hazard. The accumulation, keeping or disposal of such trash in any
other manner than as provided by this article is declared to be detrimental
to the health of the citizens of the municipality and is hereby declared
a nuisance and the accumulation of, keeping or disposal of garbage
and refuse except as herein provided shall be unlawful.
It shall be unlawful for any person to keep in, on, or about
any dwelling, building, or premises, or any other place in the municipality,
decayed vegetable or animal substance, garbage, or refuse matter of
any kind that may be injurious to the public health or offensive to
the residents of the municipality unless the same is kept in receptacles
not exceeding a thirty-gallon capacity and as nearly airtight as may
be practical. It shall be unlawful to throw or sweep into the streets,
alleys, parks, or other public grounds any dirt, paper, nails, pieces
of glass, refuse, waste, or rubbish of any kind. No person may permit
garbage, rubbish, waste, or refuse to collect and all persons shall
remove the same from their property within 24 hours after being notified
to do so by the Municipal Police representing the Board of Health.
Any person having garbage, rubbish, waste, or refuse that is subject
to decay or fermentation within a short period of time shall be required
to place the same in a standard garbage can with a tight cover, or
a durable plastic container that is securely tied at its opening.
All persons shall have the contents of their garbage cans removed
at least once a week. (Neb. RS 19-2106)
It is hereby made the duty of any motel keeper, boardinghouse
keeper, and restaurant keeper to provide and use a receptacle made
of substantial material, lined with or made of iron, tin or zinc and
provided with a lid, for the purpose of receiving all the garbage,
slop, offal and waste from his place of business. Such receptacle
shall be in accordance with the specifications set forth in this article.
If the receptacle is maintained at an interior location with reference
to said business, a plastic container may be used.
All dead animals shall be immediately removed and buried by
the owner of such animals; and if the owner of such animal cannot
be found within two hours after discovering the same, then such animal
shall be removed by and at the expense of the municipality. Dead animals
shall not be buried within the corporate limits of the municipality,
nor within two miles thereof, nor in or above the course of groundwater
that is used for drinking purposes by the municipality or its inhabitants.
Such animals may, however, be buried in the municipal dumping ground.
[Amended 1-2-1980 by Ord.
No. 2-80]
Except as of otherwise provided herein, the composting of organic
materials shall be permitted but shall be limited to plant residues
only. Compost heaps shall not be permitted to smoke or emit odor.
Compost heaps shall be kept in and surrounded by a woven wire fence
or other suitable retaining material. Any compost heap which emits
smoke or odor is declared a nuisance and upon service of notice from
the City the same shall be abated by the person maintaining said compost
heap or, if such person cannot be found, such notice shall be served
upon the owner of the premises where such compost heap is located.
The composting of organic materials upon City streets and street rights-of-way
is prohibited.
Except as otherwise provided in this article, it shall be unlawful
to load, haul, transport or be in possession of garbage or refuse,
unless the same is loaded and transported in receptacles with tight-fitting
covers at all times, or in closed trucks or vehicles, or in trucks
covered with a tarpaulin or similar equivalent cover.
It shall be unlawful for any person to cause or suffer any offal,
manure, rubbish, filth or any refuse, animal or vegetable matter,
or any foul or nauseous liquors, oil or gasoline to be discharged
out of or flow from any premises owned or occupied by him, or left
in or thrown into, deposited or upon any street, alley, avenue, public
square, vacant lot or other place in the City, and any person so offending
shall be deemed to be maintaining a public nuisance.
[Amended 7-5-1988 by Ord.
No. 15-88]
A.Â
The accumulation of garbage or refuse upon any lot or land within
the corporate limits of the City of Seward or within the zoning jurisdiction
of the City of Seward, or upon the streets, roads or alleys abutting
said lot or land which constitutes a public nuisance is prohibited.[1]
B.Â
The owner or owner's duly authorized agent or tenant of said lot
or land shall remove or cause to be removed all garbage and refuse
from such lot or land and streets, roads and alleys.
C.Â
The City, through its proper officers, shall remove or cause to be
removed any collection of such garbage and refuse so found or existing,
upon failure of the owner, or owner's authorized agent, or tenant,
if any, of such lot or land to remove or cause to be removed such
collection of garbage and refuse by complying with the provisions
of this article as hereinafter provided.
D.Â
Notice shall be given to such owner, or owner's duly authorized agent
or tenant, if any, of such lot or land that the Mayor and Council
intend to determine that said collection of garbage or refuse constitutes
a public nuisance and set a date and time for hearing thereon. Upon
hearing, if the Mayor and City Council determines such collection
to be a public nuisance, it shall by resolution declare and determine
such collection of garbage and refuse a public nuisance and direct
that notice shall be given to the owner or owner's duly authorized
agent or to the tenant, if any, of such determination. Such notice
and a copy of the resolution as passed shall be served upon the owner
or owner's duly authorized agent or the tenant thereof, if any, by
personal service or by certified mail. After providing such notice
and service thereof, the City, through its proper officers, shall
remove the garbage or refuse or cause the same to be removed from
said lot or land and streets, roads and alleys.
E.Â
If the Mayor or President of the Council, in his absence, of the
City declares in writing that the accumulation of such garbage or
refuse upon any lot or land constitutes an immediate nuisance and
hazard to public health and safety, the City, through its proper officers,
upon order, shall remove the garbage or refuse, or cause it to be
removed from such lot or land within 48 hours after notice by personal
service or following receipt of certified letter by such owner or
authorized agent or tenant, if any, if such garbage or refuse has
not been removed.
F.Â
Upon removal by the City of the accumulation of garbage or refuse
or causing it to be removed from any lot or land pursuant to this
section, the City shall, after hearing and notice to the owner or
authorized agent or tenant, if any, assess the cost of removal against
such lot or land.
Any person who violates the prohibitions or provisions of this
article shall be deemed guilty of a violation. The penalty for such
violation shall be an amount not to exceed $500 for any one offense,
recoverable with costs, and in default of said payment the offender
shall stand committed to the County Jail until such fine and costs
are paid. Each period of 24 hours during or on which a violation occurs
or continues shall be deemed a separate offense.
