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.
(Ord. 342; Code 1996)
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 1996)
A request for water service or present connection with the city water system shall constitute a request for the city refuse collection service. A termination of water service shall terminate refuse service; provided, however, that the absence of public water service shall not relieve any owner or occupant of any residence, multi-family dwelling or commercial or industrial enterprise from the responsibility of complying with the provisions of this article.
(Ord. 342; Code 1996)
The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.
(Code 1996)
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 1996)
(a) 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.
(b) Commercial Containers. Containers for commercial wastes shall be equipped with tight fitting lids and shall be of such size and construction as shall be suitable for the type of refuse generated by the establishment as shall be determined by the governing body.
(c) Improper Containers. Refuse placed in an improper container shall not be collected.
(d) Location of Containers. All solid waste containers shall be stored upon private property, provided that on the scheduled day for refuse collection, refuse may temporarily be stored on public property. Occupants of any premises in the city which have refuse to be collected shall provide or cause to be kept or provided, suitable receptacles for the deposit and collection of refuse at a place readily accessible for removal and emptying at hours and days specified by the governing body or collector. It is the duty of each occupant to place containers for collection in a convenient location for collection not less than five feet from the curb line, alley or check line, as designated by the governing body or the contract collector. All containers shall be kept and located in such a manner as to not create a nuisance to other citizens or create an obstruction to persons using public streets and alleys.
(Ord. 342; Code 1996)
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 1996)
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 1996)
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 1996)
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 1996)
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 1996)
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 1996)
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 1996)
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 1996)
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 1996)
(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 1996)
Each applicant for a permit shall file an application with the city clerk on forms to be approved by the governing body. Such application shall show:
(a) The number of vehicles to be operated;
(b) The make, model and identification number of each vehicle;
(c) The precise location of processing or disposal facilities;
(d) Boundaries of the collection area; and
(e) 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.
(Ord. 342; Code 1996)
No license shall be issued unless the applicant shall pay to the city clerk the sum of $5 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 31st of the calendar year in which said permit is issued.
(Code 1996)
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 1996)
All permits issued as provided in this article are non-transferable; provided, however, that one vehicle may be substituted for another by filing the description and identification number with the city clerk; and provided, further, that additional vehicles may be added by filing a proper application, insurance and permit fee.
(Ord. 342, Sec. 21)
No permit shall be issued to any person as provided in section 15-416 until the applicants shall have filed certificates 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 policies shall provide not less than $100,000 for any injury to, or death of, any one person, and $200,000 for the injury or death of any number of persons in any one accident, and with property coverage of not less than $50,000 for any one accident. The 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.
(Ord. 342, Sec. 23)
A permit issued under this article may be revoked for the violation of any terms of this article or regulations of the governing body; provided, however, that 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 or regulation issued by the governing body.
(Ord. 342, Sec. 25)
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 1996)
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 1996)
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 1996)
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 1996)
The following schedule of charges is hereby established to be monthly service charges for the collection of and disposal of refuse by the city:
(a) For each single family dwelling where a residential customer container is serviced a monthly fee of $11.25 per month.
(b) For each multi-family dwelling where each separate dwelling unit has its own water meter and residential customers container is serviced a monthly fee of not less than $11.25 per month for each dwelling unit.
(c) For multi-family dwellings being served by one water meter and having one refuse collection point, a fee of $11.25 per month for a residential customer’s container provided that the governing body and the contractor shall determine the actual fee based upon the amount of refuse ordinarily collected, the ease of collection from, the type of container involved and accessibility to the refuse to be collected.
(d) For each single family dwelling that receives a second plastic cart furnished and maintained by the contractor an additional charge of $5.00 per month making the total fee for a residence with 2 carts to be $16.25 per month.
(e) Each commercial establishment, industrial establishment or school shall make payment directly to the contract collector at a rate to be arranged between the customer and the contractor.
(f) That in addition to the plastic cart to be provided to each single family dwelling each residential customer is entitled to receive a second recycling cart at no additional charge if said residential customer elects to sign up for the use of said service.
(g) The City hereby given the authority to increase the base rate for trash service as follows: 2015-$11.55, 2017-$11.85, 2019-$12.15, 2021-$12.45, 2023-$12.75, 2024-$13.05.
(h) Every residence in the City of Chase is required to have a trash cart that is provided by the City’s refuse removal contractor.
(Code 1996; Ord. 420)
Persons liable for payment of the refuse collection fee provided for herein may be exempt from payment of the fees upon written application of the party showing that the premises have been or will be vacant for more than 30 days. Further, persons may be exempt from the refuse collection charges provided herein if upon written application it is shown that no refuse is generated on a particular premises.
(Ord. 342; Code 1996)
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. Any person at the time of beginning or terminating service who receives services for a period of less than 18 consecutive days shall be billed at ½ of the regular monthly rate. For service of 18 consecutive days or more, the charge shall be at the full monthly rate. Delinquent solid waste bills shall carry the same due dates, grace periods and penalties as water bills.
(Ord. 342; Code 1996)
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 1996)