Chapter 13.25
SOLID WASTE
Sections:
13.25.01 Collection of refuse and garbage.
13.25.02 Container requirements and specifications.
13.25.04 Frequency of collection.
13.25.06 Garbage and refuse services.
13.25.08 Other types of trash and refuse.
13.25.01 Collection of refuse and garbage.
All refuse and garbage accumulated within the city shall be collected, conveyed and disposed of by the city, by its employees, or by contractors specifically authorized to collect and dispose thereof. (Ord. 680 § 1. Code 1996 § 15-501)
13.25.02 Container requirements and specifications.
(a) Residential Areas. It shall be the duty of every person in possession, charge or control of any place, premises, building, or structure from which garbage or refuse accumulates to provide suitable containers for holding such garbage or refuse such as plastic or galvanized metal containers approximately 40 gallons or less in capacity or plastic bags. Each container’s weight shall not exceed 75 pounds when full. Nonstandard containers will not be picked up.
(b) Commercial, Industrial and Other Areas Including Apartments and Mobile Home Parks Which Are Not Billed on Individual Water Meters. It shall be the duty of each and every person in possession, charge, or control of any place, premises, building or structure from which garbage or refuse accumulates in the commercial, industrial, apartments, mobile home parks or areas other than residential in the city to provide, or cause to be kept or provided, suitable containers or enclosures for holding such garbage or refuse. Where excessive amounts of garbage or refuse accumulate or where individual standard containers are impractical, bulk containers for the on-premises storage may be provided, with the approval of the sanitation operator.
(c) Boxes, books, magazines, newspapers or like material, shall be securely tied in bundles or completely contained in boxes not larger than 24 inches by 24 inches by 36 inches. Tree limbs and brush shall be securely tied in bundles not larger than four feet long and 18 inches in diameter, or disposed of as otherwise specified in this chapter.
(d) Any noncomplying containers or bundles not meeting the above specifications shall be left uncollected.
(e) Leaves, grass clippings and garden vegetation or waste shall not be disposed of with garbage and refuse and will be left uncollected. (Ord. 680 § 2. Code 1996 § 15-502)
13.25.03 Containers.
Containers shall be placed and maintained as follows:
(a) On the day designated for the collection service in the residential areas, all containers or bundles shall be placed in the designated area. At all other times the containers or bundles shall be placed and kept by the occupant at a suitable place on the premises.
(b) All containers or enclosures in the commercial or industrial area, or at apartments or mobile home parks, shall be kept or placed at a suitable site on-premises location.
(c) All containers or enclosures shall be maintained in a clean, sanitary manner by the person or persons in control thereof, and all garbage shall be contained in closed plastic bags before being placed in the container or enclosure. (Ord. 680 § 3. Code 1996 § 15-503)
13.25.04 Frequency of collection.
Frequency of removal or collection of garbage and refuse shall be as follows:
(a) Garbage and refuse shall be removed once each week on specified days from residential areas of the city.
(b) In commercial and industrial areas, and at apartments and mobile home parks, the occupant or owner of the premises shall provide for the collection and disposal of garbage and refuse accumulations from the premises at such frequent intervals as will prohibit the accumulation of garbage and refuse in such quantities which would be unsightly or constitute a health or sanitation hazard. (Ord. 680 § 4. Code 1996 § 15-504)
13.25.05 Prohibited acts.
It shall be unlawful for any person to commit the following acts:
(a) No person shall permit to accumulate on any premises, improved or vacant, or on any public place in the city, large quantities of garbage unless the same is stored in containers in such manner as not to be unsightly or create a health or fire hazard.
(b) No person shall be permitted to accumulate quantities of refuse, trash, ashes or other waste materials within or close to any building in the city unless the same is stored in containers in such a manner as not to be unsightly or create a health or fire hazard.
(c) No person shall bury refuse at any place within the city or keep, place or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon the premises owned, occupied, or under possession and control of such person; provided, that lawn and garden trimmings may be composted.
(d) No person shall burn any garbage, trash, leaves or yard wastes in the city limits. (Ord. 680 § 5. Code 1996 § 15-505)
13.25.06 Garbage and refuse services.
To assist in maintaining the general sanitation of the city, it shall be the duty of every person occupying or having control of the occupancy of any premises in the city to notify the city clerk of such occupancy and to request, accept and use the garbage and refuse pickup collection service. Provided however, the failure of any owner, rental agent or occupant of such premises to make such request shall not prevent nor in any way impair or impede the city from adding the address of such premises to the proper garbage and refuse collection route record and to provide such service and otherwise enforce by appropriate action the regulatory measures herein prescribed and causing the fees or charges therefor to be paid. (Ord. 680 § 6. Code 1996 § 15-506)
13.25.07 Licensed collector.
No person shall collect and dispose of garbage and refuse in the city for hire without first having obtained a contract for such. Applications for such contract shall be made to the city clerk setting forth: the name, residence address and business address of the applicant; description of equipment to be used which must meet the requirements of the Kansas Department of Health; evidence of insurance policy or certificate of insurance of public liability in the amount of $100,000 for any one person, $300,000 for more than one person, and $100,000 property damage insurance on each vehicle to be used in such service and the place of disposal. Upon approval of such application by the city council, a contract shall be issued to the applicant. (Ord. 680 § 7. Code 1996 § 15-507)
13.25.08 Other types of trash and refuse.
This chapter shall not be construed to prohibit construction contractors, tree surgeons, roofers and other private contractors, whose operations result in the accumulation of refuse, from hauling and disposing of accumulations of trash and refuse resulting from their own operations; provided, that they shall at all times comply with the provisions of this chapter applicable to the health, safety and welfare of the city.
(a) So long as permitted and licensed by the state of Kansas, there shall be a restricted city dump solely for brush, limbs, and other yard trimmings to be opened during hours established by the city council which will be available at City Hall. No garbage or refuse shall be dumped at this site.
(b) The city shall provide a special trash pickup at least one time yearly in the fall. This special trash pickup will be for leaves and garden debris. (Ord. 680 § 8. Code 1996 § 15-508)
13.25.09 Cumulative.
This chapter shall be cumulative of all other effective sanitary ordinances or regulations of the city unless in conflict with the terms of the ordinance and regulations in which case the terms of this chapter prevail. (Ord. 680 § 9. Code 1996 § 15-509)
13.25.10 Penalties.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not less than $100.00 or more than $500.00 or by imprisonment of not less than 30 days and each day’s failure to comply with any such provision shall constitute a separate violation. (Ord. 680 § 10. Code 1996 § 15-510)
13.25.11 Severability.
If any section, paragraph, sentence or phrase of this chapter is declared unconstitutional or invalid for any reason, the remainder of this chapter shall not be affected thereby, but shall remain in full force and effect. (Ord. 680 § 11. Code 1996 § 15-511)
13.25.12 Rates.
The rates charged for trash collection by the city shall be set by resolution of the governing body. (Code 1996 § 15-512)