Minto City Ordinances
ORDINANCE #177
AN ORDINANCE RELATING TO THE ACCUMULATION OF GARBAGE, REFUSE, RUBBISH, AUTOMOBILES, PERSONAL PROPERTY AND OTHER NUISANCES WITHIN THE CORPORATE LIMITS OF THE CITY OF MINTO, NORTH DAKOTA, AND PROVIDING PENALTY.
Section One: Definitions.
For the purpose of this ordinance the following words shall have the meanings given herein unless context indicates otherwise:
Ashes is the residue from burning wood, coal, coke or other combustible materials.
Garbage is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Refuse is all putrescible and non-putrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
Rubbish is non-putrescible solid wastes (excluding ashes) consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
Section Two: Accumulation of refuse prohibited.
No person shall permit or allow to accumulate in or about any yard, lot, place or premises; or upon any street or sidewalk, adjacent to or abutting upon any lot, block or place, or premises owned and occupied by that person, any and all refuse, nor allow such yard, lot, place or premises to be or remain in such condition.
Section Three: Containers.
All garbage and rubbish shall be placed by the person upon whose premises the same shall have been produced or accumulated, in watertight containers, which shall be protected against the access of flies and rodents.
Containers shall be placed in the alley of those lots having access to any alley and along the curb if no alley is accessible. The City may specify where containers shall be placed along the alley or street for the convenience of collection.
Section Four: Burning.
No garbage, refuse or rubbish shall be burned within the City or in disposal grounds maintained by the City.
Section Five: Nuisance.
Failure to comply with the provisions of Section Two, Section Three and Section Four, shall constitute a public nuisance and be punishable as such under the terms of Section Fifteen of this ordinance.
Section Six: City Collection.
All garbage and rubbish as defined herein shall be collected by the city or franchised contractor as frequently as is necessary to maintain and preserve community cleanliness and sanitation, except that this section shall not require the collection of garbage and rubbish where streets and alleys are in a temporary condition which makes it impossible to do so and in case of the failure to collect such garbage and rubbish, such failure shall not relieve the occupant of the premises from the payment of the garbage and rubbish collection fees hereinafter provided for.
Section Seven: Fees.
Fees for the collection of garbage rubbish by the City or franchised contractor and the disposal thereof may be set by resolution of the City governing body.
Section Eight: Fees, payment, collection.
In all places where water service is provided, fees for garbage and rubbish collection shall be added to and collected as a part of the water bill and collected by the water department, but shall be separately stated on the bill. Garbage and rubbish collection bills shall be due and payable at the same time as the water bill, either monthly or quarterly as the case may be. If such charge is 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.
In all places where water service is not provided, the fees for garbage and rubbish collection shall be paid to the Water Department of the City upon monthly or quarterly bills from the Water Department. If the garbage and rubbish 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.
The proceeds from the collection of the fees and charges shall be placed in the solid waste management fund, and all of the expense of the City, in the purchase and maintenance of equipment and in the collection and disposal of garbage and rubbish, shall be paid out of the solid waste management fund.
Section Nine: Disposal of refuse not collected by the city.
All other wastes as defined, and not included under garbage, rubbish and ashes, may be disposed of by the person creating such waste, by hauling such waste for disposal to such points as are designated or approved by the City.
Section Ten: Supervision.
The collection, removal and disposal of garbage and rubbish under the provisions of this ordinance shall be under the supervision, direction and control of the public works superintendent with the assistance of the City health officer. The public works superintendent shall, unless there is a franchised contractor, appoint such employees as shall be necessary to carry out the purposes of this article, which appointments shall be subject to the approval of the governing body.
Section Eleven: Rules and regulations.
The health officer of the City shall prescribe such reasonable rules and regulations in connection with preparation, handling and disposition of garbage and rubbish as may be necessary to regulate, enforce and carry out the provisions of this ordinance. The health officer may direct that the City garbage and rubbish collection crews shall not collect garbage and rubbish from any premises where such rules and regulations are not complied with and the failure to collect the same shall not relieve the owner or occupant of the premises from the payment of fees nor from the enforcement of the penalties of this code. In the absence of City collection crews the health officer may give instructions to a franchised contractor.
Section Twelve: Dead animals.
Any person who owned or had possession or control of a dead animal prior to its death shall remove or cause the same to be removed within five (5) hours from the time the animal dies and have the same buried or disposed of in some other sanitary way approved by the City health officer. Any dead animal remaining in any street, alley or other public place in the City, or in any private premises within the City for more than five (5) hours after the animal shall have died, is hereby declared to be a nuisance. Any person allowing any animal which that person controlled or possessed, prior to its death, to remain in any street, alley or public place, or on any private premises within the City for more than five (5) hours after its death shall be guilty of a violation of this article.
Section Thirteen: Smoke, gases.
Smoke, ashes, cinders, gases - a nuisance. The emission of dense smoke, ash, cinders or noxious gases from any machine, contrivance or from the smoke stack or chimney of any building or premises in such quantities as to cause injury or detriment to any person or persons or to the public, or to endanger the comfort, health or safety of any person or person, or in such manner as to cause or tend to cause damage or injury to property, is hereby declared to be a public nuisance.
Smoke, ashes, cinders, gases - prohibited. No person, persons, association or corporation shall cause, permit or allow the escape from any smoke stack or chimney into the open air, of such quantities of dense smoke, ash, soot, cinders, acid or other fumes, dirt, or other material, or noxious gases, in such place or manner as to cause injury, detriment or nuisance to any person or persons, or to the public, or to endanger the comfort, health or safety to any such person or persons, or the public, or in such manner as to cause or have a natural tendency to cause injury or damage to business or property.
Section Fourteen: Automobiles, personal property.
A. Automobiles, Personal Property - When a Nuisance. Unsheltered storage of old, used, stripped, junked and other automobiles not in good, safe operating condition, and of any other vehicles, machinery implements and/or equipment and personal property of any kind which is no longer safe for the purposes for which it was manufactured, for a period of thirty (30) days or more (except in a licensed junk yard) within the City, and any motor vehicle, animal and article of personal property which constitutes an obstruction to, hazard or detriment to public traffic, snow removal operations, public safety and public health, or which may be abandoned or unclaimed within the City, is hereby declared to be a nuisance and shall be abated in the manner prescribed in this section.
B. Abatement Required by Owners. The owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of this City upon which such storage is made, and also the owner, /owners and /or lessees of the property involved in such storage (all of whom are hereinafter referred to collectively as "owners"), shall jointly and severally abate the nuisance by the prompt removal of the personal property into completely enclosed buildings authorized to be used for storage purposes, if within the corporate limits of the City, or otherwise to remove it to a location outside of corporate limits.
C. Abatement Required - Penalty for Failure. If the owners allow a nuisance to exist or fail to abate a nuisance they, and each of them upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) for each infraction and a separate infraction shall be deemed committed on each day during or on which the nuisance is permitted to exist.
D. Removal and Impoundment by City. The police department may remove or cause to be removed to the City Hall, or any other place within the City selected for storage purposes, any personal property described in Section 14(A), and may impound and retain the same until the expense of removal, storage and impounding is paid, together with the amount of any fine, costs, bail or other claims of the City against the owner, or any other person lawfully entitled to the possession thereof.
E. Removal and Impoundment - When Sold. If not reclaimed and redeemed by the true owner or the person lawfully entitled to the possession thereof within a period of thirty (30) days after impounding, any article of personal property described in Section 14(A) may be sold and disposed of by the police department in the manner hereinafter provided. Notice that such property will be sold shall be published once, at least (6) days prior to the sale, in the official newspaper. Such notice shall specify a description of the property to be sold and the time and place of sale. Any sale may be postponed or discontinued by public announcement at the time of the sale where there are not bidders or when the amount offered is grossly inadequate, or for other reasonable cause. The City may become a purchaser of any or all property at the sale. The chief of police shall give the purchaser at the sale a certificate of purchase of such property.
F. Removal and Impoundment Proceeds. Within thirty (30) days after a sale, the person making the sale shall make out, in writing, and file with the City a full report of the sale, specifying the property sold, the amount received therefore, the amount of costs and expenses and the disposition of the proceeds of the sale. The proceeds arising from the sale shall be delivered to the city auditor and credited to the general fund.
Section Fifteen: Penalty.
Any person who violates any order, ordinance, or rule prescribed by the board of health or local health officer or any rule adopted under this ordinance shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed thirty (30) days or both such fine and imprisonment. North Dakota Century Code Section 23-35-13.
Section Sixteen: Effective date.
This ordinance shall be in force and effect from and after its passage and its approval by the City Council for the City of Minto, North Dakota.
Passed on its first reading: August 1, 2005.
Passed on its second reading: September 12, 2005.
Approved on: September 12, 2005.
