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) 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, rubbish or trash.
(Code 2006; Code 2023)
The city is hereby granted the exclusive control over the refuse and waste collection within the city. The city shall provide for the collection of all household residential wastes, commercial wastes, and certain industrial wastes, and refuse within the city, provided however, that the city may provide the collection service by contracting with a person or persons as deemed to be in the best interest of the city.
(Ord. 8-601a; Code 2005; Code 2023)
The governing body of the city shall have the right to enter into a contract with any responsible person providing that the contractor shall collect and dispose of all refuse within the city, and the terms of the contract to be arranged and determined by the governing body of the city and the contract to be awarded to a responsible person after proper negotiation or after receiving bids, whichever, in the judgment of the governing body, shall seem proper, provided that the contract for the collection and disposal of refuse as herein defined shall in no way conflict with the terms and conditions of this article. Contracts entered into by the city of the collection and disposal of refuse and wastes are hereby confirmed, ratified and validated.
(a) Contract in Writing. Such contract shall be in writing, signed by the mayor and attested by the city clerk, in duplicate and when duly executed, one copy thereof shall be filed with the city clerk. The contract shall include in its terms by reference, the provisions of this article. The contractor shall promptly attend to all complaints concerning his or her duties under the contract; shall provide for the removal and disposal of all refuse and wastes, and fix the fee, approved by the governing body of the city, to be charged therefore.
(b) Bond of Contractor. The contractor shall execute a bond or letter of credit in the city to be approved by the governing body, in the sum that shall be set by the council with surety by a responsible surety company, conditioned upon the faithful performance of all of the terms of the contract that save the city harmless from any loss or damage on account of the contractor’s conduct of business.
(c) Cancellation of Contract. The governing body shall reserve the right, at any time after due notice, and opportunity to be heard has been given the contractor, to cancel and revoke the contract, for failure to comply with its terms.
(Ord. 8-601a; Code 2006; Code 2023)
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. 8-601a; Code 2006; Code 2023)
Residential containers shall have a capacity of not more than 30 gallons. They shall be of galvanized metal or 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. 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.
(Code 2006; Code 2023)
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 2006; Code 2023)
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. 8-601a; Code 2006; Code 2023)
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 anyway pilfer or scatter contents thereof in any alley or street within the city.
(Code 2006; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
(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.
(Code 2006; Code 2023)
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 said vehicle by the county health officer issued not more than 15 days prior to the date of application.
(Code 2006; Code 2023)
No license shall be issued unless the applicant shall pay to the city clerk the sum of $100.00 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 2006; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
All permits issued as provided in this article are non-transferable. However, one vehicle may be substituted for another by filing the description and identification number with the city clerk, and additional vehicles may be added by filing a proper application, insurance, and permit fee.
(Code 1983, 8-603; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
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 2006; Code 2023)
(Reserved)
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.
(Code 2006; Code 2023)
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 2006; Code 2023)
Refuse and wastes 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 contractor and business, but in no event, less than weekly.
(Ord. 8-601a; Code 2006; Code 2023)