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Source: Ord. 2007-4, Sec. 1 (2007)


15-0201. Definition of Terms.

15-0202. Garbage Cans - Required - Capacity - Construction.

15-0203. Garbage to be Wrapped - Substances to be Placed in Garbage Can.

15-0204. Garbage Can to be Emptied: When.

15-0205. Who May Remove Contents of Garbage Can.

15-0206. Removal of Garbage Not to be Interfered With.

15-0207. Garbage Collection Fees.

15-0208. Collection by City Employees or by Contract.

15-0209. Garbage Contract - Advertising for Bids - Awarding -Bond Required.

15-0210. Garbage Not Meeting Specifications.

15-0211. Duty of City Sanitation Superintendent.

15-0212. Other Garbage Haulers.

15-0213. Enclosure for Garbage Vessels.

15-0214. Penalty.

15-0215. Separability of Provisions of Article.


15-0201. DEFINITION OF TERMS. The following definitions shall apply in the interpretation and enforcement of this chapter:

1. Garbage. The term “garbage” as herein used shall mean every refuse accumulation of animals, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fruit, or vegetables.

2. Rubbish. The term “rubbish” as herein used shall mean all refuse not included in garbage and ashes. It includes tin cans, bottles, glass, scraps of iron, tin, wire, or other metals, rags, old clothing, unflattened paper containers, paper not used in preparation of food and drinks, old rubber, pieces of wood, boxes, barrels, crates, feathers, weeds, grass, lawn clippings, tree limbs, provided they are bundled or boxed and under two inches in diameter and not more than two feet in length, and similar refuse of every character collected or accumulated within the City of Harwood.

3. Ashes. Ashes are the residue from burning of wood, coal, coke, or other combustible materials for the purpose of heating, cooking, and disposing of waste and combustible materials.

15-0202. GARBAGE CANS - REQUIRED - CAPACITY - CONSTRUCTION. Every owner or occupant of any house, hotel, restaurant, building, flat, apartment, tenement, commercial building, tourist court or mobile home park unit in this City, where persons reside, board or lodge, or where animal or vegetable food is accumulated, kept for sale, prepared or served, shall provide for such house, hotel or restaurant, building, flat, apartment, tenement, commercial building, tourist court or mobile home park unit, and at all times maintain in good order a vessel or vessels for garbage. For each flat, apartment, tenement, building or mobile home park unit, one (1) such vessel for each living unit shall be provided. Such vessel for garbage shall be watertight and made of metal or plastic with a close-fitting metal or plastic cover, and shall have a capacity of not less than ten (10) nor more than thirty-three (33) gallons. However, one (1) or more larger containers of such size and type as is approved by the City Agent may be used if such City Agent determines the same to be necessary. Garbage receptacles should be placed on the premises, under the direction of the City Agent as to be easily accessible to the garbage collectors.

15-0203. GARBAGE TO BE WRAPPED - SUBSTANCES TO BE PLACED IN GARBAGE CAN. All garbage must be wrapped in a reasonable manner before being placed in any garbage receptacle or vessel. It shall be unlawful for any person or persons to place garbage in a vessel or receptacle in a loose or unwrapped condition. Rubbish and ashes may be wrapped and placed in said garbage receptacle, or it may be wrapped and placed in a separate container no larger than twenty-four (24) inches by thirty-six (36) inches.

15-0204. GARBAGE CAN TO BE EMPTIED: WHEN. All garbage receptacles shall be emptied on the following schedule: In the case of private residences, said garbage collection shall be made at least once each week; and for all other places of business garbage collection shall be made as often as deemed necessary to prevent excessive accumulations thereof.

15-0205. WHO MAY REMOVE CONTENTS OF GARBAGE CAN. It shall be unlawful for any person, firm or corporation, or any agent or employee thereof to haul, carry or convey through, along, or upon any public street, alley or sidewalk within the City of Harwood, any garbage, rubbish, or ashes as classified under this chapter unless employed, licensed or permitted by the City of Harwood, to carry or convey garbage.

15-0206. REMOVAL OF GARBAGE NOT TO BE INTERFERED WITH. No person shall obstruct, delay or interfere with any garbage collector engaged in collecting or removing garbage, rubbish, or ashes who is under the employ, license, and permit of the City of Harwood.

15-0207. GARBAGE COLLECTION FEES. The fees for garbage collection shall be set by resolution of the City Council. The payment in all cases for garbage service pickup collection and disposal shall be made directly to the City of Harwood. Notwithstanding any other provisions of this ordinance, any person receiving a reduction in the assessment or assessed valuation of their homestead in accordance with Section 57-02-08.1 of the North Dakota Century Code shall pay a fee of $2.25 per month for garbage collection.

15-0208. COLLECTION BY CITY EMPLOYEES OR BY CONTRACT. The City either may purchase, maintain, or lease and operate equipment for the removal and disposal by City employees of all or any part of the garbage, rubbish, and ashes within the City of Harwood or may provide for the collection, removal, or disposal thereof, in whole or in part, by any person, firm, or corporation with whom the City now has, or hereinafter may have, duly contracted as hereinafter provided.

15-0209. GARBAGE CONTRACT - ADVERTISING FOR BIDS - AWARDING -BOND REQUIRED. If it shall be deemed advisable by the City Council, the City Auditor shall advertise for bids for the removal of garbage, rubbish, and ashes out of the City limits under such conditions as the City Council may designate. Such notice shall be published twice, once each week in the official newspaper of the City of Harwood. Each bid shall be accompanied by a certified check in the sum of Five Hundred Dollars ($500.00), payable to the order of the City Treasurer, which check shall be forfeited to the City if the successful bidder fails to enter into a contract with the City and give bond as provided below. The contract or contracts, as the case may be, shall be awarded to the lowest responsible bidder or bidders, if to be let by competitive bids. The person or persons obtaining such contract from the City shall execute a bond to the City of Harwood in such sum as the City Council may provide for the full and faithful performance of all the agreements of said contract and a complete compliance with this ordinance.


A. The following items shall not be picked up as part of the garbage collection system of the City of Harwood, and it shall be unlawful to place out for collection any of the following items:

1. Liquids.

2. Sludges (including sewage sludges, lime sludges, bar screenings and similar materials).

3. Animal manure.

4. Septic tank pumpings.

5. Unrinsed pesticide containers.

6. Hazardous wastes including:

a. Ignitibles (solvents, fuels and similar materials).

b. Corrosives (acids, alkalies and similar materials).

c. Reactives (hypo chlorites, swimming pool chemicals, cyanides, and similar materials).

d. EP toxic (paint sledges containing lead, chrome and similar materials).

7. Waste oil.

8. Asbestos.

9. Infectious wastes.

10. PCB's.

11. Large quantities of fly ash, soluble material, such as salt, may be restricted or require special handling.

B. The following items will be picked up not as part of the regular collection, but for a special fee to be set by the City Agent:

1. Lead acid batteries.

2. Tires.

3. Appliances.

4. Furniture.

5. Other items with the approval of the City Agent.

15-0211. DUTY OF CITY SANITATION SUPERINTENDENT. It shall be the duty of the City Sanitation Superintendent of the City of Harwood to make such rules as he may deem necessary to regulate, enforce and carry out provisions of this chapter.

15-0212. OTHER GARBAGE HAULERS. No person, firm, corporation, or other business entity shall engage in the business of removing, collecting, transporting, or disposing of garbage, rubbish, or ashes as defined in Section 15-0201 within the city limits of Harwood without first having obtained a permit therefor from the City Auditor. The fee for such permit shall be $15. A separate permit shall be required for each entity served in Harwood. The permit for hauling garbage under this chapter shall only be granted when the City Agent, in his discretion, determines that it would not be feasible for the City to haul garbage from a specific commercial or industrial facility because of the quantity or unusual nature of the garbage. Application for such permit shall be made to the City Agent upon forms provided by him, and such application shall contain, among other things, the following information: the name of the hauler, its address and description of vehicle or vehicles in which garbage or recyclable materials are to be hauled in Harwood, and the name and address of the specific commercial or industrial entity to be served. Such permit shall be valid for a one (1) year period, and the applicant must reapply each year thereafter for a new permit. The permit may be revoked by the City Council for violation of any provisions of this chapter. No such revocation shall become effective until notice shall first be given to the holder of the permit by certified mail stating the reasons for such revocation. Such revocation shall become final unless, within seven (7) days from the date of the mailing of such notice, the holder of such permit shall, in writing, request a hearing thereon by the City Council. The hearing shall be held at the next regularly scheduled meeting of the City Council, and the decision of the Council shall be final.

15-0213. ENCLOSURE FOR GARBAGE VESSELS. All dwelling units and all commercial establishments shall have approved enclosures for garbage cans which enclosures must meet minimum specifications set forth by the City Council and on file with the City Auditor.

15-0214. PENALTY. Any person violating any section of this chapter shall be guilty of an infraction and shall be subject to the penalties set forth in Section 1-0211. Each day such a violation continues shall be considered a separate offense.

15-0215. SEPARABILITY OF PROVISIONS OF ARTICLE. It is the intention of the City Council that the separate provisions of this article shall be deemed independent of all other provisions herein, and it is further the intention of said Council that if any provisions of this article be declared invalid, all