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 2012)
All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by the employees of the city or by contractors specifically authorized to collect and dispose of solid waste or by persons authorized to dispose of their own trash; provided that tree stumps, tree trimmings and limbs over six (6) feet in length and of weight in excess of 50 pounds, or more than three (3) inches in diameter, whether such tree trimming was performed by professional tree trimmers or by any person, shall not be collected by the city, its employees, or its contractors. (Ord. 2004-1)
The city shall have the right to enter into a contract with any responsible person providing that said contractor shall collect and dispose of all residential refuse within the city, the terms of said contract to be arranged and determined by the governing body and said 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 or state law. Contracts entered into by the city for the collection and disposal of trash, garbage, or refuse prior to the effective date of this article or now in force are hereby confirmed, ratified, and validated. (Ord. 2004–1)
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. (Code 2012)
Residential shall be of galvanized metal or other non-rusting material of substantial construction, provided, however, that the governing body may prescribe the type and size of containers in which refuse may be stored by owners and occupants of premises. 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. (Ord. 80-1; Code 2012)
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, leakproof and weather proof construction. (Code 2012)
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 2012)
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 2012)
15–509. WRAPPING GARBAGE.
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 2012)
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 2012)
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;
(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 2012)
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 2012)
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 2012)
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 2012)
15–515. 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 2012)
15-516. 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 2012)
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 2012)
15-518. SAME, FEE SCHEDULE.
The Governing Body has determined that the monthly rates or charges for collection and disposal residential solid waste by the city or by a contractor holding a valid contract with the city shall be as specified below, subject, however, to such changes and revisions thereof as may be deemed necessary from time to time by the city.
(a) Residential rate: Single and multi-family regular monthly solid waste service rate per dwelling unit per month, beginning April 1, 2011, shall be one dollar above the contracted rate, which is $13.16.
(b) When solid waste collection and disposal service is provided by a contractor for residential solid waste service, such revenue shall be paid out in the following manner by the city clerk per residence fee collected: $12.16, effective March 1, 2011. (Ord. 2011-1)
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 2012)
15–520. 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 2012)
Any person who shall violate any of the provisions of this article shall upon conviction, be punished by a fine of not less than $10.00 nor more than $100.00, and each day of failure to comply with such provisions of this article shall constitute a separate offense. (Code 2012)