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 2014)
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.
(Code 2014)
The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.
(Code 2014)
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.
(Code 2014)
Residential containers shall have a capacity of not more than 33 gallons and shall not exceed a weight of 50 pounds. 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 of not less than 1.5 mills in thickness and 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 2014)
(a) Trees, less than 4 inches in diameter, branches and shrubbery trimmings shall be securely tied in bundles which shall not exceed 4 feet 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. Such containers or bundles and contents shall not exceed a weight of 50 pounds.
(c) Empty cardboard boxes shall be flattened. No other than books, papers, magazines or lawn clippings shall be placed in cardboard containers.
(Code 2014)
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 2014)
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 2014)
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 2014)
The following items require special handling. They shall be disposed of at the expense of the owner or person controlling same at charges agreed to between the Contractor and the occupant or owner.
(a) Rocks, dirt and concrete.
(b) Heavy accumulation such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other heavy materials.
(c) Waste that exceed the quantity generated by the normal activities of a household.
(d) Bulky Materials. Large items, such as appliances, construction and demolition debris, and the like, that cannot be picked up by one person operating a normally used collection vehicle, or that weigh more than 50 pounds.
(Code 2014)
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 2014)
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 2014)
(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. A permit issued to a person, firm or corporation shall cover all employees of said person, firm or corporation.
(b) All permits issued are nontransferable.
(c) All permits issued under this article may be revoked for violation of any term of this article. No permit shall be revoked until the holder of such permit has been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this article.
(d) 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 2014)
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:
(a) The name and address of the applicant,
(b) The number, make and type of vehicle(s) to be operated for collecting and transporting solid waste,
(c) The precise location of processing or disposal facilities,
(d) Boundaries of the collection area,
(e) Proof of insurance, and
(f) Such other information as the governing body may require.
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 2014)
No license shall be issued unless the applicant shall pay to the city clerk the sum of $150 (one hundred fifty) per annum, renewal each July 1st. The permit shall be effective for a period not to exceed one year, dating from July 1st to June 30th.
(Code 2014)
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 2014)
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 2014)
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 2014)
No permit shall be issued to any person, firm or corporation provided in 15-516 until said applicant has filed a certification of insurance written by a company licensed to do business in Kansas providing public liability insurance covering all operations and all vehicles operated by applicant. Such policy shall provide not less than $500,000 (five hundred thousand) single limit liability for each occurrence and $1,000,000 (one million) single limit liability for each policy year. Such policy may be written to allow the first $500 (five hundred) of property damage to be deductible. Said certificate of insurance shall provide that it cannot be canceled until 10 days after written notice of such cancellation has been filed with the city clerk.
(Code 2014)
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 article and upon conviction thereof.
(Code 2014)
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 2014)
A request for water service shall automatically constitute a request for refuse service. A termination of water service shall automatically terminate refuse service. However, the absence of public water service shall not relieve any owner, or occupant of any residence, multi-family dwelling or commercial enterprise the responsibility of complying with this article.
(Code 2014)
A refuse service charge of $16.50 per calendar month shall be levied against each residential dwelling unit for the collection and disposition of solid waste. Said change will be paid each month as a part of the utility bill.
(Code 2014)
Solid waste charges shall be billed monthly and shall be included on water and sewage bills. Such bills shall be collected as a combined bill for refuse, water and sewage service. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as water bills.
(Code 2014)
Any person, firm, or corporation violating any of the provisions of this article shall be guilty of a municipal offense and upon conviction shall be fined not less than $50 nor more than $500. Each day’s violation shall be a separate offense.
(Code 2014)