Title 8 - Health and Safety

 

Chapters:

            8.12     Refuse

            8.16     Public Nuisances

            8.18     Smoke Free City Hall

            8.20     Vegetation

 

Chapter 8.12 Refuse

Sections:

8.12.010          Purpose

8.12.020          Definitions

8.12.030          Cans – Maintenance

8.12.040          Cans – Required

8.12.050          Removal – Frequency – Transport

8.12.060          Refuse other than garbage or rubbish

8.12.070          Violation – Penalty

 

8.12.010  Purpose  The purpose of this chapter is to eliminate unhealthy, unsanitary and unsightly conditions in the City of Dillon caused by the deposit and accumulation of waste. (Ord. 267 §1, 1953)

 

8.12.020  Definitions  For the use within this chapter, the following terms are defined:

            A.        “Can” means a container for the storage of garbage or rubbish which is: (1) Provided with a handle and tight-fitting cover; (2) Watertight; (3) Substantially made if galvanized iron or other non-rusting material; (4) Can shall not be used for burning or garbage nor refuse, nor as a storage place for hot ashes.

            B.        “Garbage” includes all animal, fruit, vegetable and other waste resulting from preparation of food and drink.

            C.        “Person” includes any individual, firm, corporation, trust, any other organized group, or any government.

            D.        “Refuse” includes all garbage, rubbish, ashes or other substances offensive to sight or smell, dangerous to public health or detrimental to the best interests of the community, not including dead animals.

            E.         “Rubbish” includes all other refuse not falling within the term “garbage,” except those articles too large to be placed in cans. (Ord. 267 §2, 1953)

 

8.12.030  Cans – Maintenance  All cans used to collect refuse/rubbish must be maintained in a good state of repair and in accordance with Section 8.12.020, Paragraph A.

 

8.12.040  Cans – Required  No person shall permit refuse to accumulate upon premises owned or occupied by him or her unless in cans.  Nor shall he deposit refuse upon any other premises as provide herein. (Ord. 267 §5, 1953)

 

8.12.050  Removal – Frequency – Transport  All cans must be taken from dwelling at least monthly, or as needed to prevent the accumulation of trash.  All garbage and rubbish must be transported in a covered and watertight vehicle or container; or in covered containers constructed to prevent spilling, draining, offensive odors, or loss of materials during transit.  This regulation shall govern all hauling of garbage and/or refuse through the streets of the City of Dillon. (Ord. 267 §6, 1953)

 

8.12.060  Refuse other than garbage or rubbish  Each person shall dispose of all refuse, other than garbage and rubbish, accumulated on any premises he or she owns or occupies, before it becomes a nuisance.  Covering of vehicles for hauling shall be in effect for refuse hauling also.

 

8.12.070  Violation – Penalty  Anyone violating any of the provisions of this chapter shall, upon conviction, be subject to imprisonment not exceeding thirty days, or a fine not exceeding one hundred dollars, or both (Ord. 267 §11, 1953)

 

Chapter 8.16 Public Nuisances

Sections:

8.16.010          Defined

8.16.020          Abatement required – Costs – Violation – Penalty

 

8.16.010  Defined  Anything which is injurious to health or is indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway within the City of Dillon, is a “public nuisance.” (Prior code §437)

 

8.16.20  Abatement required – Costs – Violation – Penalty  Anyone found guilty of creating, maintaining or keeping a public nuisance shall be fined in any sum not exceeding one hundred dollars, and shall be ordered to abate such public nuisance within some certain time, and incase such person fails to abate such nuisance within the time ordered by the police magistrate shall render judgment against the defendant for the cost of such abatement.  Or, in case the further continuance of any nuisance after the discovery thereof by the chief of police is dangerous to the health of the city, the chief of police shall be taxed in the judgment against the defendant.  All costs taxed against anyone for the abatement of a nuisance shall be considered as a part of the penalty assessed for the creating or maintaining of a nuisance.  (Prior code §438)

 

Chapter 8.18 Smoke Free City Hall

Sections:

8.18.010          City Hall, a smoke free building

8.18.011          Area around entrances to City Hall

8-18-012          Designation of non smoking area

8-18-013          Penalty

 

8.18.010  City Hall, a Smoke Free Building  That pursuant to Section 50-40-201 et. seq. M.C. A., the City Hall building is a smoke free building and no smoking of any lighted tobacco product, including, but not limited to, cigars, cigarettes or pipes is permitted within City Hall.

 

8.18.011  Area Around Entrances to City Hall  That the prohibition against the use of lighted tobacco products in Section 8.18.010 above extends to an area 10 feet from any entrance to City Hall. This limitation shall not apply to passers by or those traveling in vehicles, nor to any other building that might be within 10 feet of an entrance to City Hall, but shall only prohibit the loitering or standing while smoking within the prohibited 10 foot area.

 

8.18.012  Designation of Non Smoking Area  The director of operations shall procure and erect suitable signs and notices designating the building and area around the City Hall entrances as a non-smoking area.

 

8.18.013  Penalty  It is hereby declared to be a violation of the city code to smoke in or around City Hall in violation of the provisions of these sections, and a fine of Twenty Five and No/Dollars ($25.00) may be imposed for any such violation.

 

Chapter 8.20 Vegetation

Sections:

8.20.010          Nuisance vegetation–Defined

8.20.020          Nuisance vegetation–Deemed a nuisance

8.20.030          Violation–Director of Operations to serve notice

8.20.040          Violation–Notice procedure

8.20.050          Assessing delinquent charges

 

8.20.010 Nuisance vegetation - defined.  “Nuisance vegetation” are all weeds, grass and uncared for vegetation growing to a height in excess of eight inches on premises located within the City.

 

8.20.020 Nuisance vegetation - Deemed a Nuisance.  It is a public offense punishable under the general penalty provided in Chapter 1.24.010, and it is a nuisance, for any person, firm or corporation to maintain, cause, permit or suffer any growth of nuisance weeds as defined in Section 8.20.010 to exist in or upon any premises in the City owned by such person, firm, or corporation, or upon the boulevards or the one-half of any public roads, streets, or alleys adjacent thereto.

 

8.20.030 Violation Public Works Director to serve notice.

            A.        It shall be the duty of the Director of Operations or the Director’s authorized representative to enforce the provisions of this chapter, and upon a determination that a violation of this chapter exists, shall ascertain the name and mailing address of the owner of the premises and the description of the premises where the violation exists.  The name and mailing address of the owner may be obtained from the current assessment list maintained by the office of the Beaverhead County branch of the Department of Revenue.  Written notice of violation shall be served upon the owner directing that the nuisance vegetation shall be controlled and removed from the premises within seven days or the City will cause the nuisance vegetation to be controlled and/or  removed, with the cost thereof shall be charged against the owner.

            B.        Notice shall be given by posting a copy of the notice on the effected property or by written notice mailed to the owner by first class United States mail.  If the mailed notice is not responded to and the nuisance not corrected, a second notice by first class mail shall be given, and if the nuisance is not controlled within three days thereafter the City will cause the nuisance vegetation to be removed with the cost thereof to be charged against the owner.

            C.        All control or removal will be by mechanical means and without chemical application.

            D.        The cost of removal shall be commercial cost or a minimum of One Hundred and no/100 Dollars ($100.00).  In addition to the cost assessment the owner shall be assessed an administrative penalty of Fifty and no/100 Dollars ($50.00) or one half the commercial cost whichever is greater.

            E.         Payment shall be made at the City Office within fifteen days after the billing date.  If payment is not made, such costs can be assessed against the property.

 

8.20.040 Responsibility for streets and alleys.  The owner, his representative, contract purchaser, or any occupant of real property within the city shall control nuisance vegetation growing on their real property including one-half of any street, road or alley lying next to their property or public boulevard abutting their property by controlling such nuisance vegetation.

 

8.20.050 Violation-Notice Procedure.  Notice of violation shall be made by either:

A.        Posting a copy of the notice on the affected property or,

            B.        By written notice(s) mailed to the owner by first-class United State mail.  The notice(s) shall be deemed complete on the day the notice(s) is/are posted or mailed.

 

8.20.060 Assessing delinquent charges.  The City may include vegetation removal as part of the annual resolution assessing delinquent accounts.  The resolution shall provide the property owners name; property owners mailing address, street address; legal description; and parcel number of the property in question.