CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. SOLID WASTE

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a)   Commercial Waste. All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes;

(b)   Dwelling Unit. Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters and is currently billed monthly by the city for utilities;

(c)   Garbage. Waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers;

(d)   Multi-Family Unit. Any structure containing more than four individual dwelling units;

(e)   Refuse. All garbage and/or rubbish or trash;

(f)   Residential. Any structure containing four or less individual dwelling units, rooming houses having no more than four persons in addition to the family of the owner or operator, and mobile homes;

(g)   Rubbish or Trash. All nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, stumps, boxes, wood, street sweepings and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations;

(h)   Single Dwelling Unit. An enclosure, building or portion thereof occupied by one family as living quarters.

(i)    Solid Waste.  All non-liquid garbage or rubbish and trash.

(Ord. 280, Sec. 1)

All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of solid waste. 

(Ord. 280, Sec. 1)

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste. 

(Ord. 280, Sec. 1)

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article, however, where special commercial containers are provided by the city, they may be leased at a monthly fee fixed by the city superintendent subject to approval of the governing body. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.

(Ord. 280, Sec. 1)

Residential containers shall have a capacity of not more than 32 gallons. They shall be of galvanized metal other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. All garbage shall be drained of all liquids before being placed in bags or containers. All refuse shall be bagged in plastic bags manufactured for refuse disposal and securely sealed. Any trash or rubbish not so contained shall not be picked up until properly contained in compliance with this section. Each residential customer shall be limited to two containers per week without additional charge. 

(Ord. 280, Sec. 1)

On the day of collection all solid waste containers shall be located adjacent to the alley at the rear of the respective premises, or if there is no alley, within 10 feet of the street in front of such property. At all other times, all solid waste containers shall be stored upon private property unless the owner shall have been granted written permission from the city to use public property for such purpose.  

(Ord. 280, Sec. 1)

On premises where excessive amounts of refuse accumulates or where cans or bags are impractical bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leakproof and weather proof construction. 

(Ord. 280, Sec. 1)

Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article. 

(Ord. 280, Sec. 1)

Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.

(Ord. 280, Sec. 1)

All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers. 

(Ord. 280, Sec. 1)

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner of person controlling same. 

(Ord. 280, Sec. 1)

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:

(a)   Explosive materials;

(b)   Rags or other waste soaked in volatile and flammable materials;

(c)   Chemicals;

(d)   Poisons;

(e)   Radio-active materials;

(f)   Highly combustible materials;

(g)   Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;

(h)   Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

(Ord. 280, Sec. 1)

(a)   Trees, less than four inches in diameter, branches and shrubbery trimmings shall be securely tied in bundles which shall not exceed 18 inches in diameter nor 48 inches in length and shall not, regardless of size, exceed 50 pounds in weight.

(b)   Books, magazines and newspapers may be securely tied in bundles or placed in disposable containers in lieu of placing in an approved container. Such bundle or container and contents shall not exceed a weight of 50 pounds.

(c)   Empty cardboard boxes shall be flattened.   No trash other than books, paper, magazines or lawn clippings, shall be placed in cardboard containers.

(d)   Refuse placed in an improper container shall not be collected.

(Ord. 280, Sec. 1)

(a)   Rocks, dirt, sod, concrete or building materials are not considered normal household wastes and will not be removed by city employees or contractors.

(b)   Rocks, dirt, sod, concrete and building material shall be disposed of only in sites and in a manner approved by the city administrator.

(Ord. 280, Sec. 1)

Any person, firm or corporation who from time to time may desire to dispose of unwanted objects, furniture, appliances, trash, litter or other solid waste shall dispose of such refuse by delivering it, or having it delivered, to an approved disposal site to be disposed of in the same manner as provided for ordinary residential or commercial waste. 

(Ord. 280, Sec. 1)

It shall be unlawful for any person to:

(a)   Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;

(b)   Interfere in any manner with employees of the city or its contractors in the collection of solid waste;

(c)   Bum solid waste unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;

(d)   Dispose of solid waste in an unapproved site.

(Ord. 280, Sec. 1)

Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article.

(Ord. 280, Sec. 1)

No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment. 

(Ord. 280, Sec. 1)

Solid waste in residential areas shall be collected not less than once weekly. All commercial solid waste shall be collected at intervals as may be fixed by the city administrator. 

(Ord. 280, Sec. 1)

All vehicles used for the collection and transportation of solid waste shall be constructed with watertight bodies and shall be fully enclosed or capable of being securely covered. All such vehicles shall be maintained in a safe, clean, sanitary condition and shall be operated in such a manner as to prevent spillage therefrom. 

(Ord. 280, Sec. 1)

All solid waste shall be disposed of at a site approved by the city and holding a valid permit from the state board of health. Such disposal site shall be operated in a manner consistent with regulations adopted by the county commissioners and standards fixed by the state and federal government.

(Ord. 280, Sec. 1)

The city shall charge rates for the collection and removal of solid waste as set in the city’s fee resolution.

(Ord. 280; Ord. 397; Code 2015)

The owner or occupant of each property for which the city collects and removes solid waste shall be billed monthly. A resident occupying a dwelling unit who operates a commercial enterprise may have residential or commercial service or both, but is not required to have both services.

(Ord. 280; Ord. 397; Code 2015)

Any person at the time of beginning or terminating service who receives service for a period of less than 18 consecutive days shall be billed at one-half of the regular monthly rates. For service of 18 consecutive days or more the charge shall be at the full monthly rate.

(Ord. 280, Sec. 1)

Where collections are made from each individual unit of a multiple family dwelling, an individual unit may be exempted from the monthly service fee upon written application of the owner that such dwelling unit has been vacant more than 18 days. Should the owner fail to advise the city at the time the unit again becomes occupied, he or she shall immediately become liable for all fees waived. 

(Ord. 280, Sec. 1)

Failure to pay refuse service charges in full within 15 days of the date shown on the bill shall be considered delinquent. A delinquency and termination notice shall be issued five days after a bill is delinquent. The delinquency and termination notice shall provide the customer of record with the following information:

(a)   The amount due on the unpaid balance plus interest;

(b)   The customer’s right to a hearing before the city administrator;

(c)   Notice that service will be terminated in 15 days if the bill remains unpaid.

If the customer of record is not the occupant where refuse service is provided then the city shall provide similar notification to the occupant. The request for a hearing must be no later than three working days before the date of discontinuance. Such hearings shall be conducted by the city administrator or such other person as may be appointed by the city administrator. The city administrator is authorized to discontinue refuse service for any customer who shall be delinquent in the payment of bills. Customers are responsible for furnishing the city with their correct address for billing purposes. 

(Ord. 280, Sec. 1).

(a)   It shall be unlawful for any person, except an employee of the city specifically authorized for that purpose, to collect or transport any solid waste within the city, without securing a license from the city.

(b)   Nothing herein shall be construed to prevent a person hauling or disposing of his or her own solid waste proving it is done in such manner as not to endanger the public health or safety or not to become an annoyance to the inhabitants of the city, and not to litter the streets and alleys of the city.

(Ord. 280. Sec. 1)

Any person desiring to collect or transport solid waste within the city shall make application for a license to the city clerk. The application shall set forth the name and address of the applicant, the make and type of vehicle to be operated for collecting and transporting solid waste. The application shall be accompanied by a certificate of inspection and approval of the vehicle by the county health officer issued not more than 15 days prior to the date of application. 

(Ord. 280, Sec. 1)

The city clerk shall issue a license receipt together with a number, which shall be painted on each vehicle. The number shall be conspicuously placed upon the vehicle in a place and position to be clearly visible and in a condition to be clearly legible. The number shall be used only on the vehicle for which it is issued. 

(Ord. 280, Sec. 1)

Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition. Vehicle shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys.

(Ord. 280, Sec. 1)

The collection and transportation of trash and waste materials shall be at all times under the general supervision of the city administrator or his or her duly authorized agent, who shall have the authority by and with the consent of the governing body to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the city, and providing for a proper fee to be charged to the customer.

(Ord. 280, Sec. 1)

Any person who shall conduct or operate within the city limits any vehicle for the purpose of collecting and transporting solid waste without first obtaining a license as required by this article or who shall violate the terms and provisions of this article shall be deemed guilty of a violation of this code and upon conviction thereof shall be punished as provided in section 1-123.

(Ord. 280, Sec. 1)