None Designated
ROSEBUD RESERVATION
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ORDINANCE
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GARBAGE & REFUSE DISPOSAL
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An ordinance for the regulation of garbage and refuse storage
collection and disposal, for the promotion of health and control of
disease:
SECTION I. Definition.
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For the purpose of the ordinance the following words and phrases
shall have the meanings as set forth in theis section.
A. The word "garbage" as used shall be defined and described as,
putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and/or consumption of foods.
B. Refuse - nonputrescible solid wastes, such as paper,
cardboard, tin cans, wood, glass, bedding, crockery, metal
and other similar materials.
C. Health Officer - the term Health Officer shall mean the Field
Health Director or Sanitarian or his duly authorized
representative.
D. Owner - the term "owner" shall mean the actual owner of the
building, either individual, partnership or corporation, the
agent of the owner in charge of said building, the person to
whom any rental upon said building is paid.
E. Occupant - the term "occupant" shall mean the individual or
partnership who, or the corporation that has the use of or
occupies any building either residence or commercial.
F. Business Building - any structure, either public or private
that is adapted for occupancy for transaction of business for
rendering of professional services for amusement, for
display, sale or storage of goods, wares, or merchandise, or
for the performance of work or labor; or all structures and
premises used for business purposes. (Motels, apartment
houses; office buildings, stores, restaurants, public
buildings.)
G. Residence Building - any structure which is used for the
housing and living quarters for not more than one (1) family.
H. Tribal Court - authorized Tribal Court of the Rosebud Sioux
Tribe.
I. Tribal Council - authorized Tribal governing body or its
official representatives.
J. Rosebud Tribal Utilities Commission - Board of Directors of
the Utilities Commission.
SECTION II. Permit.
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No person, firm, or corporation shall collect, transport or
dispose of garbage or refuse for hire within the limits or
boundaries of the Rosebud Sioux Reservation who does not possess
a permit. Said permit shall be issued only by the Rosebud Board
of Directors of the Utilities Commission, and only after the
Health Officer has satisfied himself that the licensee is capable
of complying with the requirements of this Ordinance. The permit
may be revoked when deemed necessary to the public welfare of the
Board of Directors of the Utilities Commission.
SECTION III. Equipment.
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A. Garbage truck - no truck, trailer or wagon shall be used for
hauling garbage of refuse that is not equipped with a tight
box and so covered that no spillage may occur on the street
or on the road to the point of disposal. All trucks,
trailers or wagons must have the approval of the Health
Officer before being used for the hauling of garbage or
refuse.
B. Container - the containers to be used for storing garbage and
refuse, shall be of heaving grade galvanized metal with tight
fitting covers of the same material and the capacity of said
containers shall be thirty (30) gallons, and maintained in
good condition.
The containers shall be provided by the owner, tenant,
lessee, or occupant of the premises.
SECTION IV. Preparation of Garbage & Refuse for Collection.
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A. All garbage shall be well drained and wrapped in paper before
placing same in garbage containers. The procedure is
necessary to avoid freezing in cold weather and to protect
the metal from corrosion by vegetable acids.
B. Refuse and ashes must be placed in containers having a
capacity not to exceed ten (10) gallons but do not need
covers.
C. Newspapers and magazines must be made up into bundles and
tied with a strong cord or wire.
D. Cardboard boxes and like material shall be flattened, and
tied in bundles and placed in rat proof containers until
picked up. Providing - that business buildings shall keep
waste papers, cardboard boxes, and all like materials
separate from the garbage.
SECTION V. Collection Periods.
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A. Garbage and refuse, (except trees and bulky items) shall be
removed: 1. three a week from office buildings, stores,
restaurants or any commercial places of business, 2. same
shall be removed at least once a week from all residences, 3.
for rural homes, garbage shall be placed in approved garbage
pits with tight covers.
SECTION VI. Method of Collection.
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The Board of Directors of the Utilities Commission shall from
time to time designate the days on which collections shall be
made in the residential sections and on these days the owners or
occupant shall place all containers at the alley line and if
there is no alley the containers shall be placed at the curb
line. If collection have to be made from basements or any place
other than that designated above, an extra charge shall be made
to compensate for the extra work and time that would be required
to make such pick ups.
SECTION VII. Rates for Services.
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Rates for the collection, hauling, and disposal of garbage and
refuse except trees and bulky articles from residences, public
buildings and other premises shall be fixed by resolution of the
Utilities Commission and may be changed from time to time to meet
the expenses thereof and payment shall be made monthly at the
Office of the Utilities Commission treasurer, and the monthly
rates for the various classes shall be assessed against the
occupant and if the premises are not occupied against the owner.
SECTION VIII. Accumulation of Garbage & Refuse.
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A. It shall be unlawful for any person, firm or corporation to
place, leave, dump, or permit the accumulation of any
garbage, rubbish or trash in any building, or upon any
premises or on any tribal or private property, whether owned
by such person or not on the Rosebud Indian Reservation, so
the the same provide food or harborage for rats or a breeding
place for flies and other vermin.
B. It shall be unlawful for any person, firm or corporation to
permit to accumulate upon any premises, whether improved or
vacant, or upon any open lots, streets or open land, any
lumber, boxes, barrels, bricks, stones, or any other
materials or permit the same to remain thereon for any longer
time than a temporary period reasonably required for the
building or repairing of property, unless same shall be
placed on open racks that are elevated not less than 18
inches above ground and evenly piled or stacked.
C. It shall be unlawful for any person, firm or corporation to
throw deposit any garbage or rubbish or refuse on any street,
road or public place, nor shall any person throw or deposit
any garbage or refuse in any stream, or other body of water
on the Rosebud Indian Reservation.
SECTION IX. Inspection by Health Officer.
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The Health Officer or his representative shall from time to time
make inspections of all communities, and premises, and if a
violation of the provisions of this ordinance is found, he shall
notify in writing the owner, tenant, or agent of such premises of
such violation and said owner, tenant or agent shall within three
(3) days correct the violation.
SECTION X. Method of Disposal.
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A. All garbage and refuse (except trees or tree branches or car
bodies) shall be disposed of by the sanitary-land fill
method. The site for such sanitary land fill shall have the
approval of the Health Officers and the Utilities Commission
and shall not create a fire hazard, a breeding place for
rodents, flies or other vermin, and shall in no way endanger
the safety and welfare of any person or persons and shall be
kept and maintained in such manner as to cause no nuisance or
inconvenience to adjoining property owner or tenants.
B. No dumping of garbage or refuse shall be at any other place
than that is designated and approved by the Board of
Directors of the Utilities Commission and the Health Officer.
C. It shall be unlawful to burn garbage or other refuse, except
paper which may be burned in a incinerator approved by the
Board of Directors of the Utilities Commission and the Health
Officer.
D. Whenever the contents of any garbage or rubbish pit reaches a
height in the pit within 18 inches of the ground surface, it
shall be filled with tightly compacted earth.
SECTION XI. Penalty.
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Any person, firm, or corporation who shall violate any provisions
of this ordinance upon conviction thereof, shall be punished by a
fine of not more than $100.00 or imprisonment in the Tribal jail
for not more than thirty (30) days or by both such fine or
imprisonment, each day of the violation shall be considered a
separate offense.
SECTION XII. Necessity for Ordinance.
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This ordinance is necessary and expedient for the promotion of
health and the control of disease, is necessary for the immediate
preservation of the Public Health and shall take effect upon
passage and publication thereof.
SECTION XIII.
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If any section, part, or provision of this ordinance or the
application thereof to any person, firm, or corporation, or to
any circumstances, shall be held invalid for any cause
whatsoever, the remainder of this ordinance or the application to
person, firms, or corporation or circumstances other than those
as to which it is held invalid shall not be effected thereby and
shall remain in force and effect as though no part thereof had
been declared to be invalid.
SECTION XIV.
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That all ordinance, and parts of ordinance inconflict with this
ordinance are hereby repeated.
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