Chapter XV · Utilities

ARTICLE 11. SOLID WASTE

Sections 15-1101 to 15-1117 · 17 sections

15-1101 Disposal system established.

In accordance with KSA Chapter 12, Article 21, there is established a system for the collection and disposal of refuse by the city, as a municipal function.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1102 Effective date; accumulation unlawful.

From and after the 5th day of May, 1987, and in order that the city may be kept clean and sanitary, it is unlawful for any person, firm or corporation to accumulate any refuse on their own premises or on public or private property adjacent thereto or to dispose of or remove refuse from their premises where accumulated, except as provided by this chapter or other ordinances of the city relating thereto.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1103 Definitions.

(a)“Refuse” for the purpose of this chapter shall include garbage and trash.

(b)“Garbage” shall consist of wastes from the preparation, cooking and consumption of food, market refuse, and waste from the handling, storage and sale of produce.

(c)“Trash” shall consist of combustibles, including paper, cartons, boxes, barrels, wood and excelsior, tree trimmings which have been cut in lengths not to exceed three feet, yard trimmings and similar materials, and noncombustibles, including metals, tin cans, glass, crockery and other mineral refuse, ashes, consisting of residue from fires used for cooking and for heating buildings or for other lawful purposes, provided it has cooled; rubbish, including sweepings, leaves, contents of litter receptacles, and dead animals not exceeding twenty-five pounds in weight. Provided, trash shall not include earth and wastes from building operations, washrack residue and solid wastes resulting from industrial processes and manufacturing operations, such as food-processing wastes, boilerhouse cinders, lumber, scraps and shavings. Provided further, that the materials not included as trash may be removed from the city in accordance with Sections 15-1106 and 15-1114.

(d)“Sanitation officer” — means the utility superintendent or his authorized representative.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1104 Responsibility of owner/occupant to dispose of refuse.

It shall be the duty or the owner or occupant of each premises in the city to dispose of refuse as defined in Section 15-1103. All refuse shall be placed in containers provided by the city.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1105 Sanitation officer to adopt rules and regulations.

Suitable and proper rules for the purpose of the accumulation and removal of refuse may be adopted by the sanitation officer subject to the approval of the council, which shall include the location of all refuse containers with the relation to the street and alley for collection, the time of collection, and the type of containers to be used.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1106 Collection; contract with city required; exceptions.

The city shall, in accordance with the provisions of this chapter, collect and remove from the city all refuse meeting previous requirements which may be accumulated therein. No person, firm or corporation, other than such persons as may be employed by the city or who shall have an exclusive contract with the city for the purpose of collecting and removing refuse, shall collect or remove refuse from the city. Provided, that trees, building refuse, large household items, bedding, metal furniture and similar objects may be hauled by private haulers by agreement between such hauler and the individual responsible for the removal of such objects, or by the city sanitation department on days designated as special hauling days.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1107 Collection periods.

Refuse shall be collected Monday through Friday in the business district of the city and the number of times a week in the residential districts of the city as the sanitation officer shall designate.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1108 Service charges.

Service charges to be paid each month in advance to the city by the owner or occupant of any premises for services shall be fixed by a resolution of the governing body of the city. The classifications of all rates shall at all times be subject to review and revision by the governing body. Charges for commercial refuse removal and removal for patrons outside the city limits shall be based upon the amount of refuse removed by the collector or upon the number of trips required, or both.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1109 Parties having no refuse not required to pay service charge.

Parties having no refuse shall not be required to pay any service charge; however, every residential unit and every business shall be presumed to have refuse until proof to the contrary is furnished.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1110 Collection charges.

(a)All charges imposed under this chapter shall be due and payable to the city each month in advance for the next succeeding month. The city clerk shall prepare and render a bill for refuse removal services in like manner and as a part of the utility bills for water, electricity and sewer furnished by the city, and shall, by virtue of the office, be collector of all such accounts. All moneys so collected for refuse removal services shall be credited to a special account established for that purpose. Charges made hereunder for collection and disposal of refuse by the city and charges made for water and electricity furnished by the city are declared to constitute one debt to the city in so far as such combined services shall be provided to anyone customer, and the failure or refusal to pay any part of such combined account by the 15th day of the month in which such charge is made shall constitute sufficient cause for the city to discontinue the water and/or electric services and refuse collection and disposal services to that customer.

(b)Those persons, businesses or entities that receive utility billings from the city, who have unpaid landfill charges for the utilization of the city's landfill outside of services that are already included in their monthly utility billing, shall have such charges incorporated into their utility billing. In the event that the landfill charges that have been incorporated into the utility billing are not paid, the city may discontinue all other utility services.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014; Ord. 1155)

15-1111 Patrons outside city limits.

Patrons outside the city limits desiring refuse removal by the city shall be required to complete and return to the city clerk an application form furnished by the city. Upon receipt of an application, the city clerk shall refer it as soon as possible to the Refuse Director who will determine if it is in the best interest of the city to provide service. The determination will be based on the location and the city’s ability to provide service without taking on an unreasonable burden.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1112 Access to premises.

All owners and/or occupants of premises within the city shall keep and maintain that portion of the alley adjacent to their premises free and clear of scattered portions of their refuse and other obstructions which in any manner would inhibit or prevent free access through such alley or which would render the same dangerous for use by motor vehicles.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1113 Burning refuse prohibited.

The burning of all combustible refuse within the corporate limits of the city is prohibited.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1114 Landfill; unlawful acts.

The landfill of the City shall be under the supervision and control of the city, the sanitation officer on behalf of the city, or any other person having a contract with the city for that purpose; and it shall be unlawful for any person not so authorized by the city to deposit refuse as defined in Section 15-1103 in or upon such grounds. Provided, however, that any person, firm or corporation may be granted permission to use the landfill for the disposal of refuse by purchasing a permit to use the city landfill. Any city resident may use the landfill without charge providing they show the caretaker proof of their residency in the city. Any person found dumping refuse outside the gates or fences shall by authority of K.S.A. 21-3722 be fined for littering.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1115 Violation; penalty.

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars or by imprisonment, and each day's violation shall be deemed a separate offense

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1116 Right to decline items for collection or disposal.

The city, the sanitation officer on behalf of the city, or any other person having a contract with the city for that purpose shall have the right to refuse to accept any item for collection or disposal at the landfill of the city.

(Ord. 805; Code 1974, Chapter 8.20; Code 2014)

15-1117 Recycling facility approved items.

(a)Only those items which have been approved for drop off at the City Recycling Facility shall be allowed to be dropped off at such facility. Such approved items shall be posted on a sign at said facility. It shall be unlawful for any person to drop off, deposit, or otherwise leave non-approved items at the City Recycling Facility.

(b)The penalty for violation of this section shall be as follows:

(1)First offense - $500

(2)Second offense - $1,500

(3)Third or subsequent offense - $3,500

In addition to the penalties above described, the person who dropped off, deposited or otherwise left non-approved items shall remove them from the recycling facility within 24 hours of having been cited under this section. The failure to remove such items shall be punished by a fine of $500.

(Ord. 1147)