Article 3. Solid Waste Disposal
15-301 Definitions.
The following terms used in this article shall have the following meanings:
(Ord. 1519, Sec. 1; Code 1996, 16-301; Code 2019)
15-302 Containers; duty of owner or occupant.
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)
15-303 Residential containers.
(Ord. 1519, Sec. 3; Code 1996, 16-303; Code 2019)
15-304 Commercial containers.
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)
15-305 Miscellaneous waste.
(Ord. 1519, Sec. 5; Code 1996, 16-305; Code 2019)
15-306 Control of city.
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)
15-307 Improper containers.
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)
15-308 Location of containers.
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)
15-309 Collection of solid waste.
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)
15-310 Right of entry.
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)
15-311 Frequency of collection.
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)
15-312 Collection equipment.
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)
15-313 Disposition of waste.
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)
15-314 Rocks; dirt.
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)
15-315 Periodic cleanup.
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)
15-316 Permit required.
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)
15-317 Same; application.
Each applicant for a permit shall file an application on forms to be approved by the city clerk. Such application shall show:
(Ord. 1519, Sec. 17; Code 1996, 16-317; Code 2019)
15-318 Same; not transferable.
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)
15-319 Same; permit fee.
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)
15-320 Same; insurance required.
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)
15-321 Term of permit.
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)
15-322 Display permit number.
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)
15-323 Revocation of permit.
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)
15-324 Service fees.
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)
15-325 Landfill charges.
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)
15-326 Request for service.
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)
15-327 Billing.
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)
15-328 Partial service.
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)
15-329 Service fees; exceptions.
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)
15-330 Failure to pay bill.
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)
15-331 Prohibited practices.
It shall be unlawful for any person to:
(Ord. 1519, Sec. 30; Code 1996, 16-331; Code 2019)
15-332 Regulations.
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)
15-333 Standards of collection, transportation and disposal of solid waste.
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)
15-334 Transmittal of fees.
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)
15-335 Lien on property.
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)
15-336 Setting out of trash and containers.
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)
15-337 Prohibited disposal activities.
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)
15-338 Penalty.
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)