For the purposes of this article the following terms shall be deemed to have the meaning indicated below:
(a) Approved Incinerator. An incinerator that complies with all current regulations of the Division of Air Quality, State of Kansas Department of Health and Environment.
(b) Bulk Solid Wastes. Nonputrescible solid waste consisting of combustible and/or noncombustible waste material from dwelling units, commercial, industrial, institutional, agricultural establishments which weigh more than 65 pounds or require a larger solid waste container than 35 gallons or is rubbish that cannot be tied in bundles of less than four feet in length and two feet in thickness.
(c) Collection. Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
(d) Demolition and Construction Waste. Waste materials from the construction or destruction of residential, industrial or commercial structures.
(e) Dwelling Unit. Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
(f) Garbage. Putrescible animal or vegetable waste resulting from the handling, preparation, cooking, serving or consumption of food.
(g) Hazardous Waste. Including but not limited to pathological waste, explosive waste, pesticides, pesticide containers, toxic or radioactive materials.
(h) Occupant. Any person who alone or jointly or severally with others shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as tenant.
(i) Processing. Incineration, composting, baling, shredding, salvaging, compacting or other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
(j) Refuse. Solid waste.
(k) Sanitation Officer. The person designated by the mayor and approved by the city council to enforce provisions of this article.
(l) Solid Waste. Unwanted or undiscarded materials in a solid or semi-solid state including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal or agricultural waste, yard waste, discarded appliances, special waste, industrial waste and demolition and construction waste.
(m) Solid Waste Container. A receptacle used by any person to store solid waste during the interval between solid waste collections.
(n) Solid Waste Disposal. Process of discarding or getting rid of unwanted material.
(Ord. 645, Sec. 11; Code 1987)
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. 664A; Code 1987)
The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.
(Ord. 664A; Code 1987)
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. 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. Solid waste containers shall be placed within six feet of the street curb before the scheduled time for collection.
(Ord. 664A; Code 1987)
Residential containers shall have a capacity of not more than 35 gallons nor weigh more than 65 pounds when full. They shall be of galvanized metal other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be lead-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.
(Ord. 645; Code 1987)
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.
(Code 1987)
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. 645; Code 1987)
All solid waste collected shall, upon being loaded into collection equipment, become the property 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. 664A; Code 1987)
All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.
(Code 1987)
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 or person controlling same.
(Ord. 645; Code1987)
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. 645; Code 1987)
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) Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;
(d) Bury refuse at any place within the city except that lawn and garden trimmings may be composted;
(e) Dispose of solid waste at any facility or location which is not approved by the Kansas State Department of Health and Environment;
(f) Engage in the business of collecting or transporting, processing or disposing of solid waste within the corporate limits of the city without a permit from the city or operate under an expired permit or operate after a permit has been suspended or revoked.
(Ord. 645, Sec. 5; Code 1987)
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.
(Code 1987)
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.
(Code 1987)
(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 from hauling or disposing of his or her own solid waste providing it is done in such a 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. 645; Code 1987)
Each application for a private collectors permit shall state in his or her application therefor:
(a) The name and address of the applicant.
(b) The nature of the permit desired as to collect, transport, process or dispose of solid waste or any combination thereof.
(c) The characteristics of solid waste to be collected, transported or processed or disposed.
(d) The make and type of each vehicle to be operated for collecting and transporting solid waste.
(e) A certificate of insurance covering minimum limits of $500,000 per occurrence together with property damage liability of not less than $100,000 per accident.
The application shall be accompanied by a certificate of inspection and approval of said vehicle by the county health officer issued not more than 15 days prior to the date of application.
(Ord. 645; Code 2003)
Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in good mechanical condition. Vehicles shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom except on city’s bulk trash day. 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. 645; Code 2003)
The collection and transportation of trash and waste materials shall be at all times under the general supervision of the mayor 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.
(Code 1987)
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 1-116.
(Code 1987)
The city shall establish and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste within the city.
(Ord. 645; Code 1987)
(a) Except as otherwise provided in subsection (b), the charge for residential refuse collection and disposal shall be $16.50 per month for each residential unit.
(b) For a residential unit occupied or rented by a person who is 65 years of age or older, the charge for residential refuse collection and disposal shall be $14.95 per month, provided that there are no more than two occupants at the residential unit.
(Ord. 741; Ord. 763; Ord. 774; Ord. 786; Ord. 809; Ord. 818; Ord. 838)
Solid waste charges shall be billed monthly and shall be included on water or utility bills. No payment shall be accepted on utility bills except for the full amount billed for all services. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as water bills.
(Ord. 645; Code 1987)
In the event the owner or occupant of any property shall fail to pay the solid waste bills within 60 days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bills to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected.
(K.S.A. 65-3410; Code 1987)
The following collection frequencies shall apply:
(a) All residential solid waste other than bulky solid waste shall be collected at least once weekly.
(b) All commercial solid waste shall be collected at least once weekly.
(Ord. 645; Code 1987)