Chapter 74
SOLID WASTE*
Article I. In General
Sec. 74-1. Definitions.
Sec. 74-2. Penalty/abatement.
Sec. 74-3. Responsibility of owners and tenants on premises.
Sec. 74-4. Burning of trash or garbage.
Sec. 74-5. Unlawful deposit in streets or public places.
Secs. 74-6– 74-30. Reserved.
Article II. Municipal Collection and Disposal Service
Sec. 74-31. Services to be provided.
Sec. 74-32. Collection and payment of charges.
Sec. 74-33. Securing municipal utility services contingent upon providing for refuse.
Sec. 74-34. Refusal of utility services for failure to pay for refuse collection and disposal.
Sec. 74-35. Location of containers.
Sec. 74-36. Shared and separate containers.
Sec. 74-37. Fees.
Sec. 74-38. Prohibited material.
Sec. 74-39. Reserved.
Sec. 74-40. Landfill.
Sec. 74-41. Violations.
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Cross references: Environment, ch. 38; utilities, ch. 90.
State law references: Solid waste, K.S.A. 65-3401 et seq.
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ARTICLE I. Sec. 74-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building contractor waste means all surplus or waste building materials used by a person in the construction, repair, or remodeling of any building, structure, fixture, or public improvement.
Commercial unit means any entity operated for retail, wholesale, office, industrial, manufacturing, processing, or any other profit or nonprofit business purpose.
Garbage means wastes from the preparation, cooking and consumption of food, market refuse, wastes from the handling, storage and sale of produce, and all processed animal and vegetable matter which has been or was intended to be used as food for humans or animals. Unprocessed animal matter intended for consumption by animals shall not be considered garbage.
Medical services waste means those solid waste materials which are potentially capable of causing disease or injury and which are generated in connection with human or animal care through inpatient or outpatient services.
Multifamily unit means an apartment in a complex greater than two units, regardless of the number of occupants.
Refuse means garbage and trash, but shall exclude medical services waste and unprocessed animal matter, and building contractor waste.
Residential unit means any single-family home, including condominiums and manufactured homes, regardless of the number of persons residing within.
Trash means dry, nonputrescible solid wastes consisting of both combustible and noncombustible wastes. The following shall be excluded from the definition of trash: wash rack residue, earth, building contractor waste, medical services waste, liquids of all types, grass from commercial or owner power raking, sod, tree trimmings greater than two inches in diameter or longer than four feet, and/or greater in weight than 100 pounds.
Unprocessed animal matter means animal matter that is intended for consumption by animals, but not yet processed into a final product for consumption by animals.
(Ord. No. 2209, § 1, 11-12-02)
Cross references: Definitions generally, § 1-2.
Sec. 74-2. Penalty/abatement.
(a) Any person violating any article, section, or provision of this chapter, upon conviction shall be guilty of a class C offense and punished as provided in section 1-8.
(b) In addition to or as alternative to prosecution as provided in this section, the city may seek to abate the condition found to be in violation of this chapter. All costs of abatement by the city shall be assessed against the person causing or allowing the condition found to be in violation of this chapter, or against the real property upon which the condition caused to be abated is located.
(Code 1968, § 13-18; Ord. No. 1904, § 14, 4-25-95)
Sec. 74-3. Responsibility of owners and tenants on premises.
It shall be the duty and responsibility of the owner and/or tenant on each lot or parcel of land or ground within the corporate limits of the city to keep such premises free and clear of all classes of refuse, garbage, and trash, and other substances dangerous to the public health, sanitation and welfare of the city.
(Code 1968, § 13-2; Ord. No. 1904, § 2, 4-25-95)
Sec. 74-4. Burning of trash or garbage.
No person shall burn, or cause to be burned, any garbage, trash, grass or other refuse, within the city, except in an incinerator that shall be approved by the fire chief, and excepting such burning as may be required to be done by the city in conducting the affairs of the city.
(Code 1968, § 13-14)
Sec. 74-5. Unlawful deposit in streets or public places.
It shall be unlawful for any person to throw, place, deposit or leave or cause to be thrown, placed, deposited or left in any of the public streets, highways, alleys, parks, or thoroughfares of the city any dirt, filth, sewage, oil/petroleum products from automotive/small engines, sweepings, dung, excrement, compost, papers, stable manure, boxes, ashes, lumber, coal, wood, kindling, grass, weeds, vegetables, slops, or litter of any kind from and after the taking effect of this section.
(Ord. No. 2209, § 1, 11-12-02)
Secs. 74-6– 74-30. Reserved.
ARTICLE II. ------------
State law references: Municipal authority to provide for storage, collection, transportation, processing and disposal of solid waste, K.S.A. 65-3410.
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Sec. 74-31. Services to be provided.
(a) General services to be provided. The city shall furnish a systematic collection and disposal service for residential and commercial refuse, and shall extend such services to all of the city, and fix conditions and the charges under which such services will be rendered unless otherwise identified below:
(1) Building contractor waste collection and disposal shall be the exclusive responsibility of a building contractor or any other person generating building contractor waste. The city shall not be responsible for collection and disposal of building contractor waste.
(2) Those persons who have not contracted with the city for refuse collection and disposal service or who do not reside within the corporate limits of the city are prohibited from using city refuse containers.
(b) Refuse containers. In residential areas, all refuse shall be placed and stored in a refuse container provided by the city. Refuse containers shall be maintained in good condition by the city, and when properly utilized, shall be animalproof and windproof.
(1) In commercial areas, refuse shall be placed and stored in a refuse container or containers which meet and receive the approval of the superintendent of solid waste. Refuse containers shall be provided and maintained in good condition by the customer, or the city. Those refuse containers that are provided and maintained by the customer shall meet city requirements. Refuse containers that do not conform to the provisions of this article shall be replaced by the customer upon receipt of notice from the director of public works or designated representative.
(2) Each residential unit, multifamily unit, and commercial unit located within the city shall utilize the refuse container provided by the city for shared or separate use as designated herein: Residential and multifamily units are grouped four units to a three-yard refuse container, or two units to a 1.5 yard refuse container. Residential units which are serviced by individual roll-out containers are an exception to this article. Refuse containers for commercial units are grouped according to a customer's request, as long as the number is sufficient to meet refuse collection needs, does not endanger public health, and meets the approval of the director of public works.
(c) Collection schedule. Refuse shall be collected, hauled and disposed of within residential and multifamily districts at a minimum of once a week.
(1) Refuse shall be collected, hauled and disposed of within commercial districts, except Sundays, in accordance to the level of service requested by a commercial customer as long as the service is sufficient to meet specific refuse collection and disposal needs, does not endanger public health, and meets the approval of the director of public works or designated representative.
(2) When a residential district shares a refuse container with a commercial district, resulting in the refuse generated becoming a public health nuisance, increased collections or refuse containers will be added at the discretion of the director of public works or designated representative.
(Ord. No. 2209, § 1, 11-12-02)
Sec. 74-32. Collection and payment of charges.
The governing body having established a municipal collection and disposal service for refuse shall impose charges for such service at the same time and in the same manner as the charges for utility services offered and furnished by the city, and such charges shall be due and payable at the same time and place as charges for other utility services. When not so paid on or before the 15th day following the date of billing, the charges shall be increased by an amount of five percent.
(Code 1968, § 13-4; Ord. No. 1904, § 4, 4-25-95)
Sec. 74-33. Securing municipal utility services contingent upon providing for refuse.
(a) No connection for utility services in any part of the city for which the city provides a municipal collection and disposal service for refuse shall be made unless and until the customer makes provision for municipal refuse collection and disposal service at the same time an application is made for utility service.
(b) Commercial businesses may petition the director of public works, in writing, for private refuse collection and disposal resulting from extenuating circumstances. The petition shall request a waiver from subsection (a) of this section. The director of public works shall present the petition, with a recommendation, to the governing body for its consideration. If approved, the petitioner shall be responsible for an annual written renewal request unless otherwise authorized by the governing body.
(Ord. No. 2209, § 1, 11-12-02)
Sec. 74-34. Refusal of utility services for failure to pay for refuse collection and disposal.
The charges for municipal refuse collection and disposal service, along with charges for other utility services, are hereby declared to be parts of one debt to the city insofar as the same affect any one customer. The refusal or failure to pay any part of such debt for any monthly period of service in accordance with the rules and regulations established by the governing body, and the rules and regulations of the state corporation commission, shall be sufficient cause for discontinuing all utility services. If desired, a customer may request and receive a hearing to show cause and determine why all utility services should not be terminated for refusal or failure to pay refuse collection and disposal charges.
(Code 1968, § 13-6; Ord. No. 1904, § 6, 4-25-95)
Sec. 74-35. Location of containers.
All refuse containers in a residential district shall be placed by the city immediately adjacent to the alley in an accessible location for the lots to be served by a refuse container. When no alley exists, the refuse container shall be placed in a location that permits easy access for the collector. Customers in a business or commercial district shall place refuse containers in a location directed by the director of public works or designated representative. The alteration of the location of any refuse container, whether residential or commercial, shall be subject to the approval of the director of public works or designated representative.
IN GENERAL
MUNICIPAL COLLECTION AND DISPOSAL SERVICE*
| Collections Per Week: | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 1 | $12.00 | $24.00 | $36.00 | $48.00 | $60.00 | $72.00 |
| 1.5 | 18.00 | 36.00 | 54.00 | 72.00 | 90.00 | 108.00 |
| 2 | 24.00 | 48.00 | 72.00 | 96.00 | 120.00 | 144.00 |
| 3 | 36.00 | 72.00 | 108.00 | 144.00 | 180.00 | 216.00 |
| 4.5 | 54.00 | 108.00 | 162.00 | 216.00 | 270.00 | 324.00 |
| 6 | 72.00 | 144.00 | 216.00 | 288.00 | 360.00 | 432.00 |
| 9 | 108.00 | 216.00 | 324.00 | 432.00 | 540.00 | 648.00 |
| 12 | 144.00 | 288.00 | 432.00 | 576.00 | 720.00 | 864.00 |
| 15 | 180.00 | 360.00 | 540.00 | 720.00 | 900.00 | 1,080.00 |
| 18 | 216.00 | 432.00 | 648.00 | 864.00 | 1,080.00 | 1,296.00 |
| 21 | 252.00 | 504.00 | 756.00 | 1,008.00 | 1,260.00 | 1,512.00 |
* There will be a minimum charge of $12.00 per month for any commercial account.
(c) Administrative fee. There will be an additional charge of $15.00 for customers requesting changes of service.
(d) Special collection. The charges for the collection of items of refuse excluded from regular collection by the city, as previously designated in section 74-1, shall be fixed in accordance with the following schedule of charges:
(1) Minimum charge (one container) . . . . $45.00
(2) Minimum charge for a grouping of two or more containers . . . . $35.00
(3) Collection requiring labor (per container per hour) . . . . $60.00
(4) Special Trafficway Rent-A-Truck (per truckload) . . . . $30.00
(5) Special clean-up charge for Poly-Karts (per hour) . . . . $15.00
(Ord. No. 2209, § 1, 11-12-02; Ord. No. 2464-2009, § 1, 10-20-09)
Sec. 74-38. Prohibited material.
The following materials or substances shall be prohibited from being placed in city refuse containers:
(a) All liquids.
(b) All medical service waste generated through human or animal care through inpatient or outpatient services.
(c) All unprocessed animal matter intended for consumption by animals but not yet processed.
(d) All building contractor waste.
(e) Any items not considered by definition as ?trash≅ shall be prohibited from being placed in city refuse containers.
(Ord. No. 2129 § 1, 10-17-00)