[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:
ASHES
Refuse resulting from the burning of wood, coal, coke and other combustible material which has no live embers.
BUILDING MATERIALS
Materials such as lumber, bricks, plaster, loam and other substances accumulated as a result of repairs of existing buildings or construction of new buildings.
BULK CONTAINER
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.
GARBAGE
The refuse of animal or vegetable stuff resulting from the handling, preparation, cooking and consumption of food.
HAZARDOUS REFUSE
Materials such as poison, acids, caustics, infested materials or explosives.
INDUSTRIAL WASTE
All waste generated from manufacturing plants, factories, lumber mills, wholesale stores, bottling works, printing establishments and garages.
MULTIFAMILY DWELLING UNITS
Those buildings containing more than two dwelling units. Townhouse units located on individual lots of record shall not be considered multifamily units.
REFUSE
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)]
RETAIL AND COMMERCIAL ESTABLISHMENTS
Any office, retail store, restaurant, hotel, religious, charitable or government offices or private clubs.
RUBBISH
All refuse other than garbage, ashes or dead animals incident to ordinary conduct of the household or retail business.
SINGLE-FAMILY DWELLING UNITS
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.
[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.
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:
ENFORCEMENT OFFICER
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.
LITTER
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.
LITTERING
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.
PERSON
An individual, corporation, company, association, partnership, unit of local government, state agency, federal agency or other legal entity.
RECYCLABLE MATERIALS
Those materials which are capable of being recycled, which would otherwise be processed or disposed of as solid waste.
RECYCLING
Any process by which recyclable materials are collected, separated, processed and reused or returned to use in the form of raw materials or products.
SOLID WASTE
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.
SOLID WASTE RECEPTACLE
All containers, boxes, barrels and other devices that allow for the sanitary, safe, secure and orderly temporary storage of solid waste.
STATE
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.