01-04-79
ORDINANCE NO. 33
SECTION 1. ESTABLISHMENT OF GROUNDS
A. Established: The Cheyenne River Sioux Tribe hereby establishes
this following real property:
SW 1/2, SW 1/2, Section 27, Township 12 North, Range 27
East
to be an authorized sanitary landfill or temporary or permanent
deposit for garbage and waste materials for the community of
Eagle Butte.
B. Name: The name of the above designated area shall be the
Cheyenne River Sanitary Landfill.
SECTION 2. DEFINITIONS
A. Sanitary Landfill, Defined: The term Sanitary Landfill as used
in this Ordinance, shall refer to the area designated by the
Tribal Council described in Section 1A above, together with
any other real property, that the Tribal Council may
hereinafter pursuant to this Ordinance, so designate.
B. Garbage, Defined: (a) The words garbage and waste materials,
as used in this Ordinance, shall mean kitchen refuse, cans,
bottles, ashes, paper, and other household wastes; clipped
grass, tree leaves, and other waste materials ordinarily
originating on the household premises; and items that can be
and are, placed in a regular garbage can or container as
provided and described in this Ordinance. The word
Garbage shall not include waste objects more than twelve (12)
inches in length, or objects of a size that it will not fit
into a garbage can or waste container as hereinafter defined;
water or any other liquid substance. (b) The words garbage
cans or containers, as used in this Ordinance, shall mean
regular commercial galvanized or plastic garbage cans with fly
tight covers, or any other suitable metal or plastic
receptacle with a tight fitting cover which will prevent the
ingress or egress of files or the leakage of garbage or other
waste materials placed herein and shall have supporting
handles, and shall have a capacity of not more than thirty (30)
gallons.
C. Family Domestic Unit, Defined: A Family Domestic Unit for the
purpose of this Ordinance, shall be deemed to be any single
independent family unit, irrespective of the number of persons
constituting such family.
Each independent family unit living in multiple dwelling
residences including but not limited to trailer houses, shall
be deemed a Family Domestic Unit. A rooming house that
supplies lodging only for hire and which does not serve meals
to any lodgers and does not permit cooking and eating on
premises shall be deemed a one-Family Domestic Unit for the
purposes of this Ordinance.
D. Commercial Unit, Defined: A Commercial Unit for the purpose
of this Ordinance shall be deemed to be any occupied premises
other than a Family Domestic Unit.
SECTION 3. REGULATION
A. General: The Cheyenne River Sioux Tribe shall provide a
garbage and waste materials collection and hauling service for
all Family Domestic Units. All Commercial Units such as
hotels, motels, boarding houses, restaurants, lunch rooms,
bars, drugstores, trailer courts, tourist courts, grocery
stores, and any other business establishments shall arrange
for their garbage disposal with a licensed commercial garbage
collector or shall haul or cause to be hauled or disposed of
their own garbage and waste materials.
B. Duty of Occupants: It shall be the duty of every occupant and
person in charge of any dwelling, business, commercial,
industrial, and professional building or establishment in the
community of Eagle Butte to provide and keep in good condition,
for the exclusive use of such dwelling, business, commercial,
industrial, and professional building or establishment,
separate receptacles for receiving and holding, without
leakage of the garbage, waste, and refuse that may accumulate
in the aforementioned buildings or the portion thereof which
such person may occupy or be in charge of; provided, however
that any such occupant or person in charge of any such
building used for business purposes may otherwise dispose of
the garbage, waste and refuse produced on said premises in the
manner hereinafter provided. No person shall deposit, place,
or throw any garbage, waste, or refuse upon any private
property whether owned by such person or not, unless such
garbage, waste or refuse shall be enclosed in a garbage can or
container meeting the requirements of this Ordinance.
C. Garbage and Waste Materials Must Be Deposited in Containers:
The occupants of every Family Domestic Unit, the operator of
every Commercial Unit in the community of Eagle Butte, is
hereby required to deposit and keep the garbage that
accumulates each day upon his premises in a garbage container.
D. Location of Garbage Containers: Garbage and waste materials
cans and containers required by this Section shall be kept on
the premises so as to be accessible from the alley adjoining
the premises on the day of the garbage collection. They shall
be so placed that the collectors of garbage do not have to
carry such cans or containers for a distance of more than
fifteen (15) to twenty (20) feet to reach the collection
vehicle. No garbage truck shall be required to use any
private drive in collecting garbage under the provisions
of this Ordinance.
E. Accumulation, Unlawful: Any accumulation of garbage and
waste materials on any premises, occupied or unoccupied, in
a manner other than that authorized by this Ordinance, is
hereby declared to be a public nuisance and is prohibited.
F. Dumping, Unlawful: No garbage or waste materials shall be
stored or accumulated anywhere within the limits of the
community in a manner other than that authorized by this
Ordinance or thrown or swept into any street, gutter, sewer,
intake, alley, vacant lot, pond, or other private or public
property. Every occupied premises within the community of
Eagle Butte shall be responsible for the keeping of the
sidewalks in front of any buildings or improvements located
thereon, if any, free from any accumulation of all garbage
and waste materials. Every property owner and occupant of
every Family Domestic Unit or Commercial Unit shall, however,
be authorized to keep and store garbage and waste materials
in a manner defined by this Ordinance.
G. Burning, Unlawful: No garbage or waste materials of any kind
shall be burned within the community of Eagle Butte, other
than furnaces, fireplaces, or stoves within the building or
buildings of the occupants thereof. Special permits shall be
given to Commercial Units that have EPA (Environmental
Protection Agency) approved incinerators.
SECTION 4. GARBAGE COLLECTION AND DISPOSAL
A. Community Disposal Area: All garbage and waste materials
picked up within the community of Eagle Butte, or all garbage
and waste materials hauled by private conveyance or by
private contractor shall be covered in a manner that will
prevent the littering of public or private roads and shall be
disposed of at the tribal disposal area. Said tribal landfill
shall have an attendant at all times during the period of
operating hours.
B. Private Contract for Collection and Hauling: Any Family
Domestic Unit or Commercial Unit within the community of
Eagle Butte may contract privately for the hauling of its
garbage and waste materials with a licensed garbage collector
upon the terms and for the fees hereinafter provided in this
Ordinance.
C. Private Contractors: The Cheyenne River Sioux Tribe shall
have the authority upon the advertising and letting for bids,
as provided for by law, to contract with private individuals
for the removal of all or any specified part of any garbage
or waste materials, and for the further hauling and
disposition thereof, upon such terms and for such periods as
the Tribal Council may obtain from the lowest and best
responsible bid or bidders thereof.
D. Service Fees and the Collection Thereof: The Cheyenne River
Sioux Tribe is hereby authorized to establish by resolution,
monthly fees for the disposition of all garbage and waste
materials, provided, however, separate fees shall be
established for each of the following categories:
Automobiles ..............................$1.00
Pickup Truck ..............................2.00
Utility Trailer, 1/2 ton ..................2.00
Truck 1 ton ...............................4.00
Truck 2 ton ...............................6.00
Truck 2 1/2 ...............................8.00
Semi-Truck ...............................10.00
Commercial Garbage Truck .................15.00
Appliance or Furniture ....................1.00 per item
Large Animals .............................5.00
Small Animals .............................2.00
E. Designation of Dumping Area: No person or persons shall
deposit any garbage or waste materials of any kind in or upon
the tribal sanitary landfill until a location for such
deposit shall have first been indicated in some suitable
manner by a landfill attendant.
F. Non-Acceptable Waste: No automobile bodies or truck bodies,
or iron or steel machinery, shall be accepted for deposit on
the tribal landfill site not shall the same or any of the
same be deposited upon the tribal landfill site.
SECTION 5. COMMERCIAL GARBAGE COLLECTORS
A. Issuance of License: No person or persons shall use the
streets of the community of Eagle Butte for the collection or
removal of any garbage for hire and shall not enter into a
contract, without first having obtained a license to perform
such services from the Tribal Council.
B. General Vehicle Requirements: Licensed collectors and haulers
of garbage and waste materials shall provide themselves with
closed vehicles that will prevent the escape of the contents
thereof. Such vehicles when collecting and hauling garbage or
waste materials shall be so loaded and covered so as not to
spill any of its contents on any public or private roads or
streets.
C. Frequency of Garbage Collection: The duly licensed garbage
collector shall remove the garbage from each Family Domestic
Unit at least once each week and from each Commercial Unit at
least twice each week or as more often as conditions require.
SECTION 6. PENALTY FOR VIOLATION
A. Any person or persons violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon conviction
thereof, shall be punished by a fine of not less than $25.00
or 15 days in jail or a maximum of $100.00 or 45 days in jail
or both.
CERTIFICATION
I, the undersigned, Secretary of the Cheyenne River Sioux Tribe, hereby
certify that the Cheyenne River Sioux Tribal Council passed the above
Ordinance on January 4, 1979, regular session, by a vote of 10 for, 0
against, 2 not voting, and 3 absent.
_____________________________
Arlene Thompson, Secretary
Cheyenne River Sioux Tribe
Back to the Table of Contents
|