[Ord. No. 543, § 1, 8-22-1978; Ord. No. 831, 5-23-2000; amended 8-25-2020 by Ord. No. 1117]
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. A solid waste hauler permit is required in order to haul
solid waste in the City of Williston.
[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.
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.
Any of the following:
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]
(a)
Unlawful acts.
(1)
Place or cause to be placed any refuse upon any public or private
property not owned by him or under his control;
(2)
Place or cause to be placed any unwrapped putrescible waste in any
refuse container, unless all liquid shall have been drained therefrom;
(3)
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;
(4)
Place or cause to be placed any unwrapped filth in any refuse container,
unless the container is used only for that purpose;
(5)
Place or cause to be placed any unwrapped, small dead animal in a
refuse container;
(6)
Fail to restrain any vicious animal or prevent interference with
collection employees acting in the course of their employment;
(7)
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;
(8)
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;
(9)
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.
(10)
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.
(11)
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.
(b)
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]
(a)
Fees for sanitary service shall be as follows:
(1)
Periodically the city commission shall, by resolution, duly passed
and published, establish appropriate rates for the various categories
of refuse collection service.
(2)
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.
(3)
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]
(a)
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.
(b)
All garbage, rubbish and refuse shall be placed in sanitary containers
as defined in this chapter.
(c)
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.
(d)
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.
