The following terms used in this article shall have the following meanings:

(a)   Commercial waste. All solid waste emanating from establishments engaged in business, including but not limited to stores, markets, office buildings, restaurants, theaters, hospitals, government buildings, government functions and nursing homes.

(b)   Dwelling unit. Any enclosure, building or portion thereof occupied by one or more persons as living quarters.

(c)   Garbage. Putrescible waste resulting from the handling, processing, storage, packing, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers.

(d)   Multi-family units. Any structure containing more than one residence or dwelling unit.

(e)   Refuse. All garbage and/or rubbish or trash.

(f)   Business. Any structure containing more than one individual dwelling unit, including rooming houses, mobile homes, motels, hotels and living facilities normally provided for public use or rent.

(g)   Rubbish or Trash. All non-putrescible material such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, tree branches, limbs, tree trunks and stumps, boxes and barrels, wood and excelsior, street sweepings, and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or waste from industrial processes or manufacturing operations.

(h)   Solid Waste. All non-liquid garbage, rubbish and trash.

(i)    Franchise holder. The person who holds a franchise issued by the Board of County Commissioners of Morris County, Kansas, for garbage, refuse or solid waste disposal within Morris County, Kansas, or Chase County, Kansas.

(j)    Regulations. Regulations shall mean all rules and regulations of the city and the Department of Health and Environment of the State of Kansas.

(Ord. 1519, Sec. 1; Code 1996, 16-301; Code 2019)

It is the duty of every person, owner, owner’s agent or occupant to prevent solid waste from being scattered. Each householder shall take all steps necessary to ensure that solid waste shall not accumulate or be scattered about the City, or become a nuisance, or constitute a menace to the public health or safety, or a fire hazard, or become unsightly or constitute a violation of any ordinance of the City.

(Ord. 1519, Sec. 2; Code 1996, 16-302; Ord. 2036; Code 2019)

(a)   Residential containers shall:

(1)   Not exceed thirty-five gallons.

(2)   Be of galvanized iron or other non-rusting material.

(3)   Be leak proof and fly tight.

(4)   Have handles of suitable construction to permit lifting.

(b)   Plastic bags not less than 1.5 mills in thickness may be substituted for the containers as set forth above. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.

(Ord. 1519, Sec. 3; Code 1996, 16-303; Code 2019)

Containers for commercial waste shall be of such a size and construction as shall be determined by the city engineer.

(Ord. 1519, Sec. 4; Code 1996, 16-304; Code 2019)

(a)   Trees, less than 4” in diameter, branches and shrubbery trimmings shall be securely tied in bundles which shall not exceed 18 inches in diameter nor 48 inches 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 in lieu of placing in an approved container. Such bundle or container and contents shall not exceed a weight of 50 pounds.

(c)   Empty cardboard boxes shall be flattened. No trash other than books, papers, magazines, or lawn clippings shall be placed in cardboard containers.

(Ord. 1519, Sec. 5; Code 1996, 16-305; Code 2019)

Refuse materials, when placed in containers shall be subject to the exclusive control of the city, its agent or contractors and no person shall meddle with refuse containers or in any way pilfer or scatter the contents thereof.

(Ord. 1519, Sec. 6; Code 1996, 16-306; Code 2019)

Refuse placed in an improper container shall not be collected. Rocks, dirt, sod, concrete, or building materials are not considered normal household wastes and will not be removed.

(Ord. 1519, Sec. 7; Code 1996, 16-307; Code 2019)

All solid waste containers shall be stored upon private property unless the owner shall have been granted written permission from the city to use public property for such purpose.

(Ord. 1519, Sec. 8; Code 1996, 16-308; Code 2019)

The city shall provide for the collection of all solid waste in the city. The city may provide the collection service by contracting with a franchise holder for the entire city or portions thereof.

(Ord. 1519, Sec. 9; Code 1996, 16-309; Code 2019)

Solid waste collectors, employed by the city or operating under a 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. 1519, Sec. 10; Code 1996, 16-310; Code 2019)

Solid waste in residential areas shall be collected not less than once weekly. All commercial or business solid waste shall be collected at intervals as may be fixed by the city engineer.

(Ord. 1519, Sec. 11; Code 1996, 16-311; Code 2019)

All vehicles used for the collection and transportation of solid waste shall be constructed with watertight bodies and shall be fully enclosed or capable of being securely covered. All such vehicles shall be maintained in a safe, clean and sanitary condition and shall be operated in such a manner as to prevent spillage therefrom. All vehicles will also be subject to such regulations as may be provided or determined by the Kansas Department of Health and Environment.

(Ord. 1519, Sec. 12; Code 1996, 16-312; Code 2019)

All solid waste shall be disposed of at a designated disposal site approved by the county commissioners. Such disposal site shall be operated in a manner consistent with regulations adopted by the county commissioners and standards fixed by the State of Kansas and the federal government.

(Ord. 1519, Sec. 13; Code 1996, 16-313; Code 2019)

Rocks, dirt, sod, concrete and building materials, trees and other such items shall be disposed of only in sites and in a manner approved by the city.

(Ord. 1519, Sec. 14; Code 1988; Code 1996, 16-314; Code 2019)

Any person who from time to time may desire to dispose of unwanted objects, furniture, appliances, trash, litter or other solid waste shall dispose of such refuse by delivering it to an approved disposal site to be disposed of in the same manner as provided for ordinary residential or commercial waste.

(Ord. 1519, Sec. 15; Code 1996, 16-315; Code 2019)

No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the city without first obtaining a permit from the city which shall cover all employees of said person.

(Ord. 1519, Sec. 16; Code 1996, 16-316; Code 2019)

Each applicant for a permit shall file an application on forms to be approved by the city clerk. Such application shall show:

(a)   The number of vehicles to be operated;

(b)   The make, model and identification number of each vehicle;

(c)   Satisfactory proof that the equipment and vehicles used meet the regulations of the city and the Kansas State Department of Health and Environment;

(d)   Such other information as may be designated by the governing body.

(Ord. 1519, Sec. 17; Code 1996, 16-317; Code 2019)

All permits issued as provided in this article are nontransferable. However, one vehicle may be substituted for another by filing the description and identification number with the city clerk. Additional vehicles may be added by filing a proper application, insurance and permit fee.

(Ord. 1519, Sec. 18; Code 1996, 16-318; Code 2019)

Each application for a permit shall be accompanied by an annual fee of $100.00. All application fees shall be refunded if the application for a permit is denied.

(Ord. 1519, Sec. 19; Code 1996, 16-319; Code 2019)

No permit shall be issued to any person until said applicant shall have filed a certificate of insurance written by a company licensed to do business in Kansas providing public liability insurance covering all operations and all vehicles operated by the applicant. Such policy shall provide not less than $100,000 for any injury to or death of any one person, and $300,000 for the injury or death of any number of persons in any one accident and with a property coverage of not less than $50,000 for each accident. Such policy may be written to allow the first $100 of property damage to be deductible. Said certificate of insurance shall provide that it cannot be canceled until ten (10) days after written notice of such cancellation has been filed with the city clerk.

(Ord. 1519, Sec. 20; Code 1996, 16-320; Code 2019)

All permits issued under this article shall expire on December 31. A permit may be renewed for a period of one (1) year upon payment of annual license fees and filing a certificate of insurance as provided in Section 15-320.

(Ord. 1519, Sec. 21; Code 1996, 16-321; Code 2019)

All vehicles operating under a permit issued under this article shall display upon such vehicle the permit number.

(Ord. 1519, Sec. 22; Code 1996, 16-322; Code 2019)

A permit issued under this article may be revoked for the violation of any terms of this article or regulations of the city or the Kansas Department of Health and Environment. 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 regulations issued by the Department of Health and Environment.

(Ord. 1519, Sec. 23; Code 1996, 16-323; Code 2019)

Refuse service fees shall be: Residential, single occupant - $4.65; Residential, multiple occupant - $5.75; Commercial and Industrial - to be negotiated.

(Code 1988; Code 1996, 16-324; Code 2019)

In addition to the service fees set out in Section 15-324, an additional charge of 40 percent of the service fee may be charged as fees to be paid for landfill charges.

(Ord. 1519, Sec. 33; Code 1996, 16-325; Code 2019)

A request for water service shall automatically constitute a request for refuse service for all dwelling units. The absence of public water service shall not relieve any owner or occupant of any residence, business or commercial enterprise from the responsibility of complying with the provisions of this article concerning the disposal of refuse or solid waste.

(Ord. 1519, Sec. 25; Code 1996, 16-326; Code 2019)

Bills for refuse service shall be rendered monthly at the same time as bills for water service rendered to all dwelling units. Such bills shall be collected as a combined bill for refuse and water service.

(Ord. 1519, Sec. 26; Code 1996, 16-327; Code 2019)

Any person at the time of the beginning or terminating service who receives service for a period of less than eighteen (18) consecutive days shall be billed for one-half of the regular monthly rate. For services of eighteen (18) consecutive days or more, the charge shall be at the full monthly rate.

(Ord. 1519, Sec. 17; Code 1996, 16-328; Code 2019)

Where collections are made from each individual dwelling unit, the person may be exempted from the monthly service fee upon written application of the owner that such dwelling unit has been vacant more than eighteen (18) days. Should the owner fail to advise the city at the time the unit again becomes occupied, he shall immediately become liable for all fees waived.

(Ord. 1519, Sec. 28; Code 1996, 16-329; Code 2019)

Failure to pay refuse service charges in full within 10 days of the date shown on the combined refuse and/or solid waste and the water bill will cause service to be terminated after notice and hearing as provided in sections 15-132:135. A fee of $10 shall be charged to reinstate such service.

(Ord. 1519, Sec. 29; Code 1996, 16-330; Code 2019)

It shall be unlawful for any person to:

(a)   Interfere in any manner with employees of the city or its contractor in the collection of solid wastes.

(b)   Burn solid waste unless a variance has been granted and a written permit obtained from the city.

(c)   Dispose of solid waste in an unapproved site or manner.

(Ord. 1519, Sec. 30; Code 1996, 16-331; Code 2019)

The city is hereby authorized to formulate reasonable rules and regulations, subject to approval by the governing body, necessary to carry out the provisions of this article.

(Ord. 1519, Sec. 31; Code 1988; Code 1996, 16-322; Code 2019)

All solid waste produced in the city shall be collected, transported and disposed of in conformity with this article and regulations of the city and of the Kansas State Board of Health and Environment unless exemptions may have been granted as provided herein. A franchise holder is not required to collect and remove dead animals, bulky wastes, hazardous wastes, burned waste or ashes creating or likely to create a fire condition, refuse placed in unauthorized containers or refuse not properly located. All refuse, when collected by the franchise holder shall belong to and be the property of the franchise holder.

(Ord. 1519, Sec. 32; Code 1996, 16-323; Code 2019)

All refuse service fees collected by the city shall be transmitted to the contractor, as provided in the agreement.

(Ord. 1519, Sec. 35; Code 1996, 16-324; Code 2019)

In the event any person (except the United States and the State of Kansas) or organization living or operating on premises served by the city solid waste collection system, shall neglect, fail or refuse to pay the service fees fixed by the governing body for the operation of the solid waste collection system, such charges shall constitute a lien upon the real estate served by the collection system, and shall be certified by the city clerk to the county clerk of Morris County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(Code 1981; Code 1996, 16-325; Code 2019)

It shall be unlawful for any person, owner, owner’s agent or occupant to set out or allow to be set out any solid waste, including but not limited to garbage or trash, solid waste containers or large items for collection before 4:00 P.M. of the day prior to the day of collection. It shall be unlawful for any person, owner, owner’s agent or occupant to allow such solid waste, solid waste containers or large items to remain at or near a city street or street curb after 7:00 AM. on the day after collection. Trash containers may not be stored at or near the collection site in an exposed manner. Storing trash containers near an alley is permissible.

(Ord. 2036; Code 2019)

It is unlawful for any person, firm or corporation to place, leave or deposit any trash upon any property not owned, leased or occupied by such person, or upon public property, except public property specifically designated for such purpose.

(Ord. 2036; Code 2019)

Any person violating the provisions of this article or any subsequent ordinances, shall on a first offense be subject to a fine of $50.00; on a second offense a fine of $100.00; and on a third or subsequent offense a fine of not less than $150.00 nor more than $500.00.

(Ord. 2036; Code 2019)