Chapter XV · Utilities

Article 5. Solid Waste

Sections 15-501 to 15-521 · 20 sections

15-501 Definitions.

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. 689; Code 2016)

15-502 Collection.

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 once a week.

(Ord. 689; Code 2016)

15-503 Contracts.

It shall be unlawful for any person, firm or corporation to use the streets, alleys and avenues of the city for hauling garbage, trash, refuse or any combination, for any single family residential units of any of the residents or inhabitants of the city, unless duly authorized and empowered to do so by contract, in writing with the city. Nothing in this section shall be construed to mean that any commercial establishment, business, or multiple dwellings or schools may not enter into a contract for hauling garbage, refuse or trash.

(Ord. 689; Code 2016)

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.

(Ord. 689; Code 2016)

15-505 Containers.

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.

(Ord. 689; Code 2016)

15-506 Bulk containers.

On premises where excessive amounts of refuse accumulate 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.

(Ord. 689; Code 2016)

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.

(Ord. 689; Code 2016)

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.

(Ord. 689; Code 2016)

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.

(Ord. 689; Code 2016)

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.

(Ord. 689; Code 2016)

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;

(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.

(Ord. 689; Code 2016)

15-512 Prohibited practices.

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.

(Ord. 689; Code 2016)

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.

(Ord. 689; Code 2016)

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.

(Ord. 689; Code 2016)

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 2016)

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.

(Ord. 689; Code 2016)

15-517 Charges.

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.

(Ord. 689; Code 2016)

15-519 Same; fee schedule.

A monthly service charge shall be set by the city Fee Resolution for each single-family dwelling unit. Charges to commercial establishments, businesses, school districts, churches and multi-dwellings (including mobile home parks) shall be by contract and billed by the contractor.

(Ord. 763; Code 2016)

15-520 Billing.

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.

(Ord. 689; Code 2016)

15-521 Same; delinquent account.

The city clerk is hereby authorized to place the amount of fees for the collection of garbage, trash and refuse on the monthly billing for water fees and the City shall retain a fee as set by the city Fee Resolution per single family residential dwelling unit for administrative costs to perform the contract for disposal of collected wastes. The consumer will be required to pay this fee in full by 5:00 p.m. on the 15th of the month. If the amount is not paid by the date due, a late payment charge as set by the city Fee Resolution shall be added to the unpaid bill. If the account is not paid by 5:00 p.m. on the first Monday of the following month, the solid waste collection service shall be discontinued and shall remain so until the account if paid in full. 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; Ord. 689; Code 2016)