Chapter XV · Utilities

ARTICLE 5. SOLID WASTE

Sections 15-501 to 15-524 · 24 sections

15-501 Definitions.

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;

(c)Electric Customers. All electric service customers will pay the solid waste charge.

(d)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;

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

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

(g)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;

(h)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;

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

(j)Solid Waste. All non-liquid garbage, rubbish or trash.

(Ord. 175, Sec. 2; Code 1995)

15-502 Collection.

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. 175, Sec. 3; Code 1995)

15-503 Contracts.

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

(Ord. 175, Sec. 3; Code 1995)

15-504 Duty of owner, occupant.

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.

(Ord. 175, Sec. 4; Code 1995)

15-505 Trash receptacles.

Trash must be placed in a suitable container. The City shall provide and maintain in serviceable condition, one (1) poly cart with a rated capacity of 95 gallons for each residential establishment within the city limits. If more than one poly cart is needed, it will be the responsibility of the resident. City shall be responsible for normal usage and wear, as well as any damage caused to the containers by their trucks or equipment. Carts lost, stolen, or broken by no fault of City shall be the responsibility of the home owner to replace.

A dumpster which may be automatically picked up by the compactor truck must be one which can be handled by the Collector’s equipment. All persons who wish to have a dumpster, must have the location approved by the city and must first determine with the City whether their dumpster is suitable for the equipment used by the Collector.

(Code 1995; Ord. 452)

15-506 Bulk containers.

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, leak proof and weather proof construction.

(Code 1995)

15-507 Enter private premises.

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.

(Code 1995)

15-508 Ownership of solid waste.

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.

(Code 1995)

15-509 Wrapping garbage.

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

(Code 1995)

15-510 Heavy, bulky waste.

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.

(Code 1995)

15-511 Hazardous materials.

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.

(Code 1995)

15-512 Prohibited practices.

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.

(Code 1995)

15-513 Objectionable waste.

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 1995)

15-514 Unauthorized disposal.

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 1995)

15-515 Private collectors; license required.

(a)It shall be unlawful for any person, except an employee or designated agent 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.

(Code 1995)

15-516 Same; fee.

No license shall be issued unless the applicant shall pay to the city clerk the sum of $ per annum for each vehicle used in the collection and transportation of solid waste. The permit shall be effective only for the calendar year and shall expire on December 1st of the calendar year in which said permit is issued.

(Code 1995)

15-517 Same; number to be displayed.

The city clerk shall issue a license receipt together with a number, which shall be painted on each vehicle. Said 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.

(Code 1995)

15-518 Closed vehicle.

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.

(Code 1995)

15-519 Rules and regulations.

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 1995)

15-520 Failure to secure license.

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 1995)

15-521 Charges.

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.

(Code 1995)

15-522 Same; collection and fee schedule.

(a)Residences will be one collection per week.

(b)Businesses will be one collection per week except when the Collector determines by the amount of solid waste, trash and garbage generated that two collections per week is required.

(c)The following charges will be collected by the city from each category and will be included on the City Utility bill.

Residential - $14.00 per month

Commercial –

Class 1 Commercial – low volume/once/wk. pickup $34.00

Class 2 Commercial – medium volume/once or twice/wk. pickup $68.00

Class 3 Commercial – high volume/twice/wk. pickup $136.00

*These rates may be amended from time to time by simple motion by the City Council.

(Ord. 307; Ord. 388; Code 2014; Ord. 427; Ord. 452)

15-523 Billing.

Solid waste charges shall be billed monthly and shall be included on water or utility bills as provided for in section 15-110 of this chapter. 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. 307, Sec. 3; Code 1995)

15-524 Same; delinquent account.

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 1995)