City of Seward, NE
Seward County
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Table of Contents
Table of Contents
[Adopted as Ch. 4, Art. 2, of the 1976 Code]
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Kitchen refuse, decayed waste, dead animals, or anything that may decompose and become offensive to the public health.
RUBBISH OR TRASH
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.
WASTE
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. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
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. 
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. 
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. 
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. 
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).