[Ord. No. 543, § 1, 8-22-1978; Ord. No. 831, 5-23-2000]
This chapter shall be known and may be cited as the "Refuse Ordinance of the City of Williston, North Dakota." The purpose of this chapter is to provide for the collection of refuse for all city residents at a reasonable cost. In order to do so, the city must make provisions to supply services through an exclusive monopoly to a contractor or to reserve such monopoly for itself. Therefore, collection, hauling and disposal of refuse is reserved to the city, except as herein otherwise provided.
[Ord. No. 543, § 3, 8-22-1978]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section:
- Are the residue from the burning of wood, coal, coke or other combustible materials.
- Is the person holding the contract issued or granted by the city authorizing such person to operate, conduct and maintain a municipal garbage and refuse collection and disposal system upon, on or over streets, alleys and public ways of the city.
- The director of the department of public works or his duly authorized agent.
- Manure, excrement or similar substance.
- Is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods. It is composed of organic matters and their natural moisture content. Garbage originates primarily in kitchens, restaurants, hotels and other places where food is cooked or consumed.
- OWNER AND OCCUPANT
- A person, as defined in this section, in possession, charge custody and control of any premises where garbage, refuse and rubbish are collected or accumulated.
- Any individual, firm, partnership, corporation, institution or other entity acting as principal, agent, officer, servant or employee for himself or itself, or for any other individual, firm, partnership, corporation, institution or other entity that owns, leases, rents or occupies any real property within the city limits.
- Land and all buildings and structures thereon including, but not limited to by enumeration, single or multi-family dwellings, rooming houses or apartment houses, hospitals, convalescent and nursing homes, hotels, motels, restaurants, drive-in establishments, schools or any other place of habitation, office, shop or establishment or place of conducting a business, trade or occupation.
- Is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, wrapped small dead animals, abandoned automobiles, solid market and industrial wastes and all other wastes.
- Is nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, bottles, glass, rags, old clothing, paper containers, old rubber, pieces of wood, boxes, barrels, crates, feathers, weeds, grass, lawn clippings, tree limbs and similar accumulations produced or accumulated from residences, homes, apartments, rooming houses and boarding houses.
- SANITARY CONTAINERS
- Any of the following:
- VICIOUS ANIMAL
- Any animal of a vicious species or an animal of a domesticated species, including but not limited to cats and dogs, which without provocation is prone to attack persons.
[Ord. No. 5.43, § 15, 8-22-1978, Ord. No. 692, 4-28-1987; Ord. No. 831, 5-23-2000]
Place or cause to be placed any refuse upon any public or private property not owned by him or under his control;
Place or cause to be placed any unwrapped putrescible waste in any refuse container, unless all liquid shall have been drained therefrom;
Place or cause to be placed more than a limited amount of filth in a refuse container, the limits to be set by the director or his agent;
Place or cause to be placed any unwrapped filth in any refuse container, unless the container is used only for that purpose;
Place or cause to be placed any unwrapped, small dead animal in a refuse container;
Fail to restrain any vicious animal or prevent interference with collection employees acting in the course of their employment;
Close or obstruct any right-of-way, impeding the normal operations of the department of public works, the fire department or the police department, unless a special permit has been granted by the director, the fire chief or the chief of police at least three days prior to the closing of the right-of-way;
Close or obstruct an alley for more than 24 consecutive hours, unless such closing is for the purpose of making sewer, gas or water utility installation;
Remove, haul or cause to be removed any refuse, on or along any city right-of-way, street or alley, unless the same is contained in containers so constructed as to prevent any such refuse from falling, leaking or spilling therefrom.
Place the garbage, rubbish or refuse from a resident or business located out of the City of Williston in a refuse container unless such container is clearly marked as being available for the use of the general public.
No commercial account to which a refuse container or containers are assigned shall place any refuse in another commercial account's container without that account's permission, nor in any residential refuse container. In addition to the penalties under Subsection (b) of this section, an additional collection fee established under a fee resolution may be assessed against such commercial account for violation of this subsection.
Penalties. Every person convicted of a violation of any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment, in the discretion of the court. Each day such violation is committed or permitted to continue constitutes a separate offense and shall be punishable as hereunder provided. Provisions hereof shall not prevent the city from any other judicial action for the abatement of a violation of this section.
[Ord. No. 543, § 16, 8-22-1978]
The imposition of a fine or a sentence of imprisonment or both shall not prevent the city from any other judicial action for the abatement of a violation of this chapter.
[Ord. No. 543, § 2, 8-22-1978; Ord. No. 831, 5-23-2000]
The municipal refuse collection and disposal service of the city shall, by such means as the city commission deems appropriate, collect and dispose of all garbage, rubbish, refuse, paper, glass, tin cans, ashes, and other debris, and shall operate this service pursuant to the regulations provided by this chapter. All garbage and refuse accumulated in the city shall be collected, conveyed and disposed of by the city or its duly authorized contractor. No persons shall, for a fee, collect, convey, haul over any of the streets or alleys of the city, or dispose of any refuse accumulated in the city, except by the terms of this chapter. This chapter shall not prohibit the actual producers of refuse, lawn service entities hauling only grass and leaves which it has picked up, or the owners and occupants of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, providing such producers, owners, or occupants comply with the provisions of this chapter. This chapter shall not prohibit collectors of refuse from outside of the city from hauling such refuse over city streets, provided such outside collectors comply with the provisions of this chapter and with any other governing law or ordinances.
[Ord. No. 543, § 4, 8-22-1978]
All garbage, refuse, rubbish and ashes from the entire residential, commercial and industrial sections properly placed for collection as provided for in this chapter and the regulations thereunder shall be collected by the city or its duly authorized contractor as is necessary to maintain and preserve the sanitation of the city. Temporary failure to make such collection due to circumstances beyond the control of the city shall not relieve the occupant or the owner of the premises from the payment of sanitary service fees prescribed in this chapter.
[Ord. No. 543, § 20, 8-22-1978]
It shall be the duty of the director of the department of public works or his authorized representative to enforce the terms of this chapter. Interference with the director in carrying out the terms and intent of this chapter is hereby prohibited.
[Ord. No. 543, § 6, 8-22-1978; Ord. No. 831, 5-23-2000]
No person shall be permitted to refuse to accept the refuse collection and disposal service herein provided for, and the failure of any person to receive such service shall not exempt such person from the payment of charges herein specified save and except any of those persons residing in areas in which no collection service is provided for the entire area, and in such areas where no service is rendered by the city or its contractor, no charge will be made. Boundaries within the city exempted from such charges shall be established by the director with the consent and approval of the city commission. The director shall assess a minimum of the residential rate to any person or business located in an area served by the city which hauls its own refuse.
[Ord. No. 543, § 19, 8-22-1978]
Fees for sanitary service shall be as follows:
Periodically the city commission shall, by resolution, duly passed and published, establish appropriate rates for the various categories of refuse collection service.
The rates charged for collection service shall be uniform for the various classes of users; discrimination as to rates within a particular class of users is hereby prohibited.
All charges for the collection and disposal of rubbish, garbage and refuse shall become due and payable at such time as shall be established by resolution of the city commission, and if such charges are not paid when due and payable, a penalty of 10% shall be added thereto. Every charge or collection fee provided by such resolution or under this chapter shall become, from and after the time it is due and payable, a personal debt of the person, whether a commercial user or a residential user, receiving collection service, and may be collected by civil suit instituted in the name of the city, by its city attorney, upon the request of the director at any time after 20 days from the date of billing. Notwithstanding any other provisions to the contrary, the remedy provided by this section shall cumulate and supplement other remedies provided for under this chapter.
[Ord. No. 543, § 21, 8-22-1978]
The monthly charges set forth under this chapter or by resolution shall be added to and collected as part of the water bill of the user or users and collected by the water department, but shall be separately stated in the bill. If such charges are not paid when due, the water service to such premises shall be shut off by the water department in the same manner as is now provided for in the case of delinquency in payment of water bills and such service shall not be restored without the payment of the penalties now provided for. If the garbage, rubbish and refuse charge so established is not paid when due, such sum may be recovered by the city, in an action at law against the owner or occupant, or both, of the property so served and may be assessed against the premises served in the same manner as is provided by Chapter 40-23 of the North Dakota Century Code, becoming an assessment against the premises and property.
[Ord. No. 543, § 5, 8-22-1978]
The collection, removal and disposal of all garbage, refuse, rubbish and ashes under the provisions of this chapter shall be under the supervision, direction and control of the commissioner of streets and improvements with the assistance of the director. The commissioner, subject to the approval of the board of city commissioners, shall appoint such employees as shall be necessary to carry out the purposes of this section. Such commissioner, with the assistance of the director, shall be responsible for scheduling collection days within the city.
[Ord. No. 543, § 8, 8-22-1978]
The director is hereby empowered to prepare and publish such rules and regulations, approved by the city commission, as may be necessary in connection with the municipal refuse collection and garbage collection and disposal service subject to the approval of the city commission and may direct that the city garbage and waste disposal crew or authorized contractor will not collect garbage and other waste from any premises where such rules and regulations are not complied with, and the failure to collect the same by such direction shall not relieve the owner or occupant from the payment of fees or penalties provided for in this chapter.
[Ord. No. 543, § 10, 8-22-1978]
Sanitary containers, or containers authorized under this chapter, shall be provided by the city. All containers shall be maintained in good condition and at ground level. The director shall have the authority to refuse collection service for failure to comply with this section. It shall be the duty of the user or users to maintain the same in a reasonably sanitary condition in keeping with reasonable health standards. The director shall have the responsibility of inspecting containers and to notify the user or users for the failure to maintain the same in a reasonably sanitary condition.
All garbage, rubbish and refuse shall be placed in sanitary containers as defined in this chapter.
City-owned containers shall be distributed and positioned as scheduled by the director. Containers serving more than one residence or premises shall be positioned along rear or side alleys, wherever possible and practicable, not more than 100 feet from the property line of any residence or other premises so serviced. If there are no alleys, individual portable containers may be supplied by the city.
The ninety gallon or 300 gallon round plastic containers provided for by this chapter shall be waterproof and equipped with tight-fitting covers resistant to disturbance by animals and insects.
[Ord. No. 543, § 11, 8-22-1978]
No persons shall place any garbage, rubbish or refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, within the city unless it is in the proper container at ground level, for collection under express approval granted by the director. Any unauthorized accumulation of such refuse, garbage or rubbish on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse, garbage or rubbish within 48 hours after notice from the director shall be deemed a violation of this chapter. Further, no person shall cast, place, sweep or deposit anywhere within the city any refuse, garbage or rubbish in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley or other public place or in or on any occupied premises within the city. The director may prepare and publish rules and regulations providing for special collection of items not suitable for placement in sanitary containers, subject to the approval of the city commission.
[Ord. No. 543, § 9, 8-22-1978]
The garbage, refuse and rubbish in and about any premises shall be placed in sanitary containers which shall be positioned along rear or side alleys wherever possible. If no alley exists or if there is no access to the alley from the dwelling or other building then such sanitary containers shall be placed at or near the street line so as to be easily seen. Refuse-generating property not abutting public streets or alleys shall permit ground level access to the city or its authorized contractor for the collection and disposal of such garbage, refuse and rubbish placed thereon in approved sanitary containers.
[Ord. No. 543, § 13, 8-22-1978; Ord. No. 831, 5-23-2000; Ord. No. 834, 6-13-2000]
Any debris resulting from the construction, demolition, reconstruction or repairs of premises shall not be placed with other refuse for collection but shall be disposed of directly by the person or persons owning, occupying or leasing the premises, or by the person generating the debris. The owner, occupier or lessee of the premises, or the person generating the debris, may use any equipment or storage containers it chooses to store and remove any construction debris. The owner, occupier or lessee of the premises, or the person generating the debris, may contract with or hire anyone they choose to have any construction debris removed, whether for a fee or not.
[Ord. No. 543, § 7, 8-22-1978; Ord. No. 831, 5-23-2000]
Collectors of refuse from outside of the city shall not be permitted to transport garbage, refuse, rubbish and ashes over the streets and alleys of the city in anything other than vehicles closed on all sides and top and which are water tight if hauling any liquid or semi-liquid refuse. The director may adopt regulations concerning such outside transportation as may be necessary to prevent deposit on the streets of any trash, rubbish, garbage, liquid or other deleterious substance.
[Ord. No. 543, § 12, 8-22-1978]
Litter and waste disposal containers are not to be used by merchants and store employees for store and sidewalk sweeping, trash, paper or cartons. Such containers are placed there by the city for pedestrians to use in the depositing of waste material to prevent the same from littering upon the city sidewalks and street gutters.
[Ord. No. 543, § 14, 8-22-1978]
Burning of substances of any kind within the city is hereby prohibited.