Chapter 15 · Utilities

Article 5. Solid Waste

Sections 15-501 to 15-528 · 28 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.

(Code 1982, 17-301; Code 1996)

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.

(Ord. 900, 17-309; Code 1996)

15-503 Contracts.

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.

(Code 1982, 17-306; Code 1996)

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. 900, 17-310; Code 1996)

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. 900, 17-311; Code 1996)

15-506 Bulk containers.

On premises where excessive amounts of refuse accumulates 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. 900, 17-312; Code 1996)

15-507 Placement of receptacles.

Receptacles from which solid waste is to be removed and collected by an authorized collector shall be placed in plain view, in an accessible location along the published route of the collector and in such position that they may be easily reached by the collector without going upon or in private property.

(Code 1982, 17-304)

15-508 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. 900, 17-313; Code 1996)

15-509 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. 900, 17-314; Code 1996)

15-510 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. 900. 17-315; Code 1996)

15-511 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. 900, 17-316; Code 1996)

15-512 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. 900, 17-317; Code 1996)

15-513 Prohibited acts.

The following shall be deemed unlawful acts:

(a)The burning or burying of solid waste within the corporate limits of the city, except in those instances where express written consent to so do is granted by the city clerk.

(b)The accumulation or storage of solid waste in other than domestic receptacles or commercial receptacles for the purpose of municipal or private collection, provided however, that lawn or garden trimmings may be composted.

(c)Depositing upon public property solid waste unless in a manner authorized by the governing body.

(d)Depositing upon private property solid waste in any manner without the permission of the owner.

(e)The collection or hauling of solid waste for the benefit of a family other than the family of the person so collecting and/or hauling without authorization of the governing body.

(f)The failure to keep private property free from accumulations of solid waste.

(g)The transportation of solid waste in other than receptacles or in other than a suitable compartment in a vehicle, both of which the leakproof and equipped with a cover in use so as to eliminate leakage or littering.

(Code 1982, 17-302)

15-514 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. 900, 17-318; Code 1996)

15-515 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. 900, 17-319; Code 1996)

15-516 Private collectors; license required.

(a)It shall be unlawful for any person, except an employee of the city specifically authorized for that purpose, to collect or transport any solid waste within the city, without securing a license from the city.

(b)Nothing herein shall be construed to prevent a person from hauling or disposing of his or her own solid waste providing it is done in such a manner as not to endanger the public health or safety or not to become an annoyance to the inhabitants of the city, and not to litter the streets and alleys of the city.

(Ord. 900, 17-320; Code 1996)

15-517 Same; application.

Any person desiring to collect or transport solid waste within the city shall make application for a license to the city clerk. The application shall set forth the name and address of the applicant, the make and type of vehicle to be operated for collecting and transporting solid waste. The application shall be accompanied by a certificate of inspection and approval of said vehicle by the county health officer issued not more than 15 days prior to the date of application.

(Ord. 900, 17-321; Code 1996)

15-518 Same; fee.

No license shall be issued unless the applicant shall pay to the city clerk the sum of $750 per annum for each vehicle used in the collection and transportation of solid waste. The permit shall be effective only for the calendar year and shall expire on December 1st of the calendar year in which said permit is issued.

(Ord. 900, 17-322; Code 1996)

15-519 Same; number to be displayed.

The city clerk shall issue a license receipt together with a number, which shall be painted on each vehicle. Said number shall be conspicuously placed upon the vehicle in a place and position to be clearly visible and in a condition to be clearly legible. The number shall be used only on the vehicle for which it is issued.

(Ord. 900; Code 1996)

15-520 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.

(Ord. 900, 17-323; Code 1996)

15-521 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. 900, 17-324; Code 1996)

15-522 Failure to secure license.

Any person who shall conduct or operate within the city limits any vehicle for the purpose of collecting and transporting solid waste without first obtaining a license as required by this article or who shall violate the terms and provisions of this article shall be deemed guilty of a violation of this code and upon conviction thereof shall be punished as provided in section 1-116.

(Ord. 900, 17-325; Code 1996)

15-523 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. 900, 17-326; Code 1996)

15-524 Same; fee schedule.

(a)Fees may be established by resolution.

(b)The owner of any real property that has a structure on the real property shall also be liable for the payment of a minimum fee set forth for solid waste collection service; regardless of whether such owner uses such solid waste collection service.

(Ord. 1069)

15-525 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. 900, 17-328; Code 1996)

15-526 Same; delinquent account.

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; Code 1996)

15-527 Individual disposal of solid waste.

No person shall be prohibited by this article from removing solid waste from premises under his or her control without the authorization of the governing body provided such removal is done in compliance with this article.

(Code 1982, 17-305)

15-528 Tree limbs, grass clippings.

(a)Only leaves, limbs, grass clippings, brush, trees and other vegetation may be deposited in the landfill facility by residents of the city and other persons holding permits from the city, on certain days and during certain hours as designated by the governing body of the city.

(b)Any person disposing of garbage or solid waste other than that enumerated in subsection (a) in the landfill shall upon conviction be guilty of a Class C violation.

(Code 1982, 17-308)