[HISTORY: Adopted by the City Council of the City of Walhalla
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-21-2012 by Ord. No. 2012-1]
A.
The collection,
removal and disposal of all waste from premises by the City shall
be under the jurisdiction of the Public Works Director. All households
and/or businesses within the limits of the City of Walhalla who purchase
water and/or sewer service shall also have garbage service, and such
service shall be mandatory.
B.
Removal
of trees, brush, etc. does not require garbage service. However, the
property owner will be charged for debris that exceeds five yards.
However, illegal dumping is still prohibited.
[Added 1-19-2021 by Ord.
No. 2020-22]
It shall be the duty of the Public Works Director of the City
to see that the provisions of this article are enforced, except where
otherwise specifically provided for by ordinance. Individuals violating
the provisions of this article are guilty of a misdemeanor and are
subject to the penalties provided by law.
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Refuse resulting from the burning of wood, coal, coke and
other combustible material which has no live embers.
Materials such as lumber, bricks, plaster, loam and other
substances accumulated as a result of repairs of existing buildings
or construction of new buildings.
A metal container of not less than four cubic yards' or more
than eight cubic yards' capacity. The containers shall be easily accessible
to the City's collection personnel and equipment.
The refuse of animal or vegetable stuff resulting from the
handling, preparation, cooking and consumption of food.
Materials such as poison, acids, caustics, infested materials
or explosives.
All waste generated from manufacturing plants, factories,
lumber mills, wholesale stores, bottling works, printing establishments
and garages.
Those buildings containing more than two dwelling units.
Townhouse units located on individual lots of record shall not be
considered multifamily units.
All rejected or discarded putrescible and nonputrescible
solid waste. This term includes garbage, rubbish and ashes. This term
does not include hazardous refuse.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any office, retail store, restaurant, hotel, religious, charitable
or government offices or private clubs.
All refuse other than garbage, ashes or dead animals incident
to ordinary conduct of the household or retail business.
Any dwelling place occupied by one family.
A.
Garbage and rubbish shall be placed in refuse receptacles or bulk
containers as specified in this article. All containers should be
placed with at least three feet of clearance on each side. There should
be sufficient containers to hold all waste from one pick-up to the
next.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
It shall be the responsibility of the tenant(s) or business owner(s)
to keep trash picked up around the container. The containers shall
be placed at a location easily accessible to the City's collection
personnel and equipment.
C.
Building materials, shrubbery trimmings, small limbs and leaves in
small quantities resulting from normal household activities may not
be placed in refuse receptacles.
D.
Shrubbery trimmings, tree trimmings and leaves can be placed at the
front of the premises in the grass strip between the street and the
sidewalk where such strips are available; otherwise, they shall be
placed on the edge of the owner's property easily accessible to the
City's collection personnel and equipment, except for the elderly
or handicapped persons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Rubbish, ashes or building materials not resulting from household
use shall be removed from the premises by the occupant thereof.
The owner of each apartment building, apartment complex, multifamily
residential unit or mobile home park will be furnished containers
of sufficient size and quantity to accommodate a normal amount of
waste to be disposed of, as determined by the Public Works Director.
A.
Each retail or commercial establishment, religious, charitable and
governmental building, and private clubs will be provided refuse containers
of sufficient size to accommodate the maximum amount of waste to be
disposed of by the City, as determined by the Public Works Director.
B.
Refuse containers for these establishments shall at all times be
kept in a place easily accessible to City equipment, and no service
shall be given to those establishments permitting objects or vehicles
to hinder in any way the servicing of such containers.
C.
Cardboard boxes must be flattened before disposal in any can or container.
Industrial waste may be collected by the City from such establishments
as defined in this article; provided that such establishments must
have bulk containers which can be collected by City equipment; and
provided that such waste is limited to a quantity equal to that of
eight-cubic-yard bulk containers, which shall be serviced not more
than five times per week. To avoid damage to City equipment, such
containers shall not be used for the disposal of scrap metal, metal
parts, iron, boards, timber, concrete blocks, bricks, any building
materials, paint, petroleum products or any combustible product. Small
scrap metal, iron and similar materials shall be separated and will
be collected on a "call basis." Reference in this section to small
scrap metal, iron and similar materials shall in no way be construed
to mean junk automobiles, trucks, equipment or other similar bulk
material, which shall be the sole responsibility of the owner for
removal. A contract of agreement setting forth a service charge may
be negotiated by the City for services in greater quantities than
the amounts set forth in this section.
It shall be unlawful for any person to scavenge, search, probe,
inspect, loiter around, in or through any container used for the disposal
of garbage, rubbish, paper, trash or filth of any kind normally collected
by the City. This provision shall not apply to a person with regard
to a garbage or trash container which is owned by such person and
on such person's private property.
It shall be unlawful for any person to bring any type of garbage,
rubbish or trash that originates outside the City limits into the
City for collection by City personnel and equipment.
No materials such as trees, shrubbery or underbrush resulting
from land being cleared, either by order of the City or otherwise,
shall be collected by the City.
[Amended 6-15-2021 by Ord. No. 2021-11]
The current rates for garbage and refuse collection and disposal
are established in Appendix A of the current fiscal year's budget
document.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be unlawful for any person to carry through the streets
or other public places of the City any swill or garbage in any open
vessel or vehicle. The same must be covered or otherwise securely
loaded so as to prevent the waste from leaking or spilling or being
scattered during transportation.
[Amended 1-19-2021 by Ord. No. 2020-22; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A.
A maximum of five yards per load of brush or debris shall be removed
by City crews from any one location, at any one time within a thirty-day
period. In cases where more than five yards are required, a fee for
additional yards will be charged as established in Appendix A of the
current fiscal year's budget document.
B.
Contractors who are paid by residents to cut trees, brush, etc. should
clean up and dispose of any brush, limbs or debris.
No hazardous refuse or waste materials shall be collected by
the City.
The Public Works Director or his designee will be authorized
to make a decision on the following issues, and his decision shall
be final:
A.
Whether additional garbage cans are needed.
B.
After the maximum number of garbage cans are in use, the decision
to require a container or dumpster will be made; also the size of
the container is to be specified.
C.
The frequency of collection by City personnel.
D.
All estimates and adjustments in cubic yards of garbage being collected
for entities being served or required to be served by the City.
E.
Whether garbage and rubbish around, about and on the ground around
cans, containers or dumpsters constitutes a littering health problem
or any similar threat to health and safety to the point of a notice
being served on the owner or occupant of the premises.
F.
Specific location(s) of garbage cans, containers or dumpsters.
G.
Requirements for densely populated trailer parks, public housing
projects, private apartments or similar facilities to convert from
garbage cans to containers or dumpsters.
H.
The imposition of any special handling or special service type fees
as necessary and as appropriate to the particular situation, within
the fee system as decided and approved by the Mayor and City Council.
I.
All recycling containers, their use, access, marketing of recyclable
materials and implementation of recycling of all recyclable materials
for the City of Walhalla.
J.
Assistance for the elderly and handicapped as to the placing of garbage,
trash, debris and other materials to be removed from the premises.
A.
The South Carolina Policy and Management Act of 1991[1] prohibits disposal of yard waste, land clearing debris,
construction and demolition waste mixed in with municipal household
trash. The Act also prohibits mixing municipal trash with yard waste,
land clearing debris, construction and demolition waste. Therefore,
the City of Walhalla, as the hauler, is responsible for making sure
that the waste being hauled complies with state law.
[1]
Editor's Note: See S.C. Code Ann. § 44-96-10 et
seq.
B.
In order to comply with state and City policies, Public Works customers
must adhere to the following guidelines:
(1)
Yard waste cannot be mixed with household garbage.
(2)
Five-gallon buckets must be placed in household garbage.
(3)
Paint can lids should be removed and paint inside of a can allowed
to dry, then placed with household garbage.
(4)
The following items cannot be picked up by the City: any waste that
has been in contact with lead-based paint, petroleum products, batteries
and any items containing asbestos, pesticides, herbicides or the containers.
(5)
Shingles and roofing materials must be taken to the landfill by the
homeowner or business.
(6)
Piles of leaves must contain only leaves, no trash or limbs.
(7)
Lumber and building materials must be stacked up straight.
(8)
Metal products must be placed in a separate pile.
(9)
Brush needs to be stacked, all big ends in one direction, and not
mixed with other materials.
(10)
All brush and limbs up to four inches in diameter must be cut
no more than eight feet in length.
(11)
All logs four inches or more in diameter must be cut no longer
than five feet in length.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Adopted 5-21-2019 by Ord. No. 2019-9]
This article shall be known as the "Litter Control Ordinance
of Walhalla, South Carolina."
It is the purpose of this article to establish standards for
the control of litter in the incorporated areas of the City of Walhalla
("City"), to establish penalties as are necessary to discourage violations
of these standards and to provide for the recovery of costs incurred
by the City in enforcing the provisions contained herein.
This article is adopted pursuant to the provisions of S.C. Code
Ann. § 5-7-30 and as authorized by any other applicable
local, state and federal law.
For purposes of this article the following definitions apply:
A duly authorized law enforcement officer of the City of
Walhalla, including, but not limited to, all law enforcement officers
employed by the Walhalla Police Department and designated Code Enforcement
Officers employed by the City.
All solid waste, including cigarettes and cigarette filters,
which is not stored in secure solid waste receptacles or which is
otherwise not held or disposed of in a manner consistent with local,
state or federal law.
The act of dumping, throwing, dropping, depositing, discarding,
placing or in any way disposing of litter upon public or private property
within the jurisdictional boundaries of the City of Walhalla. Littering
includes the act of "open dumping," which is defined as the disposal
of solid waste at an unpermitted site and/or which creates an environmental
hazard, is susceptible to open burning, vectors, scavengers or which
otherwise creates a hazardous condition.
An individual, corporation, company, association, partnership,
unit of local government, state agency, federal agency or other legal
entity.
Those materials which are capable of being recycled, which
would otherwise be processed or disposed of as solid waste.
Any process by which recyclable materials are collected,
separated, processed and reused or returned to use in the form of
raw materials or products.
Any garbage, refuse, sludge, tires and other discarded material,
including solid, liquid, semi-solid or contained gaseous material,
resulting from industrial, commercial, residential, mining and agricultural
operations and from community activities.
All containers, boxes, barrels and other devices that allow
for the sanitary, safe, secure and orderly temporary storage of solid
waste.
The State of South Carolina.
A.
Littering, as defined in this article, is strictly prohibited within the municipal boundaries of the City. Burning of litter and trash is strictly prohibited. (Please refer to Chapter 127, Burning, Outdoor, of the City Code, as amended.)
B.
The provisions and prohibitions of this article apply to a tenant
leaving or depositing solid waste, recyclable materials or other property
on or at the property of the respective landlord/property owner upon
such tenant being evicted or upon the end of the lease term. This
includes materials left in or about rented storage facilities at the
conclusion of the rental term.
The provisions of this article do not apply to the dumping on
private property with the owner's permission of clean sand, dirt or
other suitable materials, free from noxious weeds, which do not create
a nuisance or health hazard, provided such dumping is otherwise consistent
with local, state and federal laws, and further provided that such
materials are not mixed with any other type of material. Open dumping
is, however, prohibited.
A.
The responsibility for the removal of litter from a property shall
be upon the person responsible for littering the property. If, however,
the person responsible for littering the property is unknown or there
is no conviction of a person for the violation in question, then the
owner of the property shall be responsible for removing the litter.
B.
In the event litter is moved by wind or other force of nature from
one property onto another property, the owner of the property of origin
shall be held responsible for clean-up and removal.
C.
If any litter can be identified as having last belonged to, or been
in the possession of, any person prior to its being disposed of as
prohibited herein, such identification shall be prima facie evidence
that such person littered in violation of this article.
D.
Whenever litter is thrown, placed, deposited, dropped, dumped or
cast from any motor vehicle, boat or other conveyance, the operator
of the conveyance shall be presumed to have violated this article.
Persons placing solid waste in solid waste receptacles shall
place such solid waste in trash bags in such a manner as to prevent
it from being carried or deposited by the elements or by animals upon
any public or private property. Solid waste receptacles shall not
be placed or positioned in a manner which may constitute a public
nuisance or obstruction.
No person shall drive or move any vehicle, including a trailer,
within the City that has been loaded with solid waste unless such
solid waste is covered or otherwise securely loaded in such a manner
as to prevent littering, including leakage or spillage.
No person shall place any refuse or yard waste in or upon any
street, curb, alley, sidewalk ditch/stormwater drains or public lands
within the City, except with authorization from City. Refer to the
Public Works Department's policy regarding trash collection.
A.
Enforcement.
(1)
Enforcement of the provisions of this article shall be carried out by duly authorized enforcement officers, as defined in § 265-20. These enforcement officers shall be authorized, consistent with their respective statutory powers, to:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
Cause the inspection of any public or private property within
the incorporated limits of the City whenever it shall be necessary
to enforce the provisions of this article.
(b)
Issue a uniform summons to any person violating the provisions
of this article in their presence.
(c)
Serve written notice on the owner of a property containing litter,
requiring abatement or removal of the litter within 15 calendar days.
(2)
Any property owner refusing or neglecting to abate or remove litter from property within 15 calendar days of receiving a written notice from an enforcement officer shall be served with a uniform summons and shall be subject to prosecution in accordance with Subsection B, Penalties and fines, below. In addition, the enforcement officer may cause the removal or abatement of such litter, with all expenses, including administrative expenses, incurred in abating or removing such litter recoverable from the owner of the property from which the litter is removed or abated, or from any person causing or maintaining the same, in the manner as debts or like amounts are now recoverable by law.
B.
Penalties and fines. Any person violating the provisions of this
article shall be guilty of a misdemeanor and upon conviction shall
be fined not less than $100 nor more than $500 for each offense plus
court costs (or 30 days in jail, or both). As punishment, the court
may also direct litter remediation or gathering labor as appropriate
under the supervision of the court. In addition, the court may order
any person violating the provisions of this article to pay restitution
to the City or to the victims for the costs of removing or abating
such litter. The Municipal Court shall have jurisdiction to enforce
this article.
