[Ord. No. 626, § 1, 1-24-1984; Ord. No. 845, 4-10-2001]
Section 40-34.01.1 of the North Dakota Century Code authorizes
and directs cities to maintain in sanitary conditions the road or
highway leading to the grounds maintained by cities for disposal of
garbage collected in the city. The statute creates an obligation of
the city to keep the road free from refuse and garbage resulting in
the transportation of the same, by the city maintaining said grounds.
The City of Williston is also obligated to prohibit the deposit of
garbage, refuse and other waste materials on streets, alleys or other
public areas within the city, and to keep such streets, alleys or
other public areas free of the same.
[Ord. No. 626, § 2, 1-24-1984; Ord. No. 845, 4-10-2001]
Any garbage or refuse transported by any person to the city
grounds maintained for the disposal of garbage, more commonly known
as the city landfill, shall be transported in a covered vehicle or
container. "A covered vehicle or container" shall be construed as
meaning that such vehicle or container shall be covered with a canvas
or tarpaulin, secured with tie-downs or ropes, or otherwise secured
in such a manner as to eliminate any possibility of refuse, rubbish
or garbage falling from such vehicle or container in transit; it shall
also be construed as meaning that such vehicle or container may be
entirely enclosed, or one equipped with an end gate in a closed position
and covered by a tarp or other similar means as to not cause, allow,
or permit any materials being transported to the city landfill to
seep, spill, leak, blow, drop off, fall or escape from the vehicle
onto the road leading to the city landfill, or onto any abutting property
while in transit. These restrictions shall apply regardless of whether
the transporting is within or without of the city limits of the City
of Williston.
[Ord. No. 626, § 3, 1-24-1984; Ord. No. 845, 4-10-2001]
It shall be unlawful for any person, firm or corporation to
operate or cause or permit to be operated a vehicle which is not a
covered vehicle or container as described above, while transporting
any garbage or refuse to or from the city landfill where such garbage
or refuse may or does seep, spill, leak, blow off, drop off, fall
or escape from such vehicle onto the roadway or abutting property
while in transit.
[Ord. No. 626, § 4, 1-24-1984; Ord. No. 845, 4-10-2001]
No person, firm or corporation shall operate or cause or permit
to be operated a vehicle from which garbage, refuse or waste materials
such as trash, glass, liquids, vegetation or other extraneous or deleterious
matter being hauled by such vehicle does or is likely to fall onto,
or be blown by the wind onto any street, alley or other public areas
such as sidewalks, drains, ditches or other public services while
in transit, within the city limits, provided, however, that this section
shall not apply to vehicles being used for applying abrasives or other
material for ice control to streets or sidewalks, or when such vehicle
is being used for depositing construction material on any street or
sidewalk for repair at the point of such construction, or to vehicles
hauling agricultural products or crops.
[Ord. No. 521, § 9-28, 7-27-1976; Ord. No. 845, 4-10-2001]
(a)
No person shall throw or deposit upon any highway any glass bottle,
glass, nails, tacks, wire, cans or any other substance likely to injure
any person, animal or vehicle, or throw or deposit rubbish of any
kind upon the highway.
(b)
Any person who drops, or permits to be dropped or thrown, upon any
highway any destructive or injurious material shall immediately remove
the same or cause it to be removed.
(c)
Any person removing a wrecked or damaged vehicle from a highway shall
remove any glass or other injurious substance dropped upon the highway
from such vehicle.
[Ord. No. 626, § 5, 1-24-1984; Ord. No. 845, 4-10-2001]
Any person, firm or corporation convicted of violating this
article shall, upon first conviction, be given a warning. A second
conviction under this article shall be punishable by a fine in an
amount not less than $25 nor more than $100. A third conviction under
this article shall be punishable by a fine of up $500 and a jail sentence
of up to 30 days, or both such fine and jail sentence, and all subsequent
violations of this article shall carry a similar penalty; provided,
however that each operation of a vehicle in violation of this article
shall constitute a separate offense.
