CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. REFUSE COLLECTION AND DISPOSAL

There is hereby established a system for the collection and disposal of household and commercial garbage and rubbish as a function of the City. It shall be 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 Article or other ordinances of the City.

(Ord. 1115; Code 2016)

The following words when used in this article, shall be interpreted in light of the following definitions:

(a)   Commercial establishments - shall include, among others, the operation of storage, mercantile, industrial, business, institutional, hotels, motels and other establishments commonly designated as such, and the premises used for such purposes.

(b)   Dwelling Unit - shall mean a household building or structure forming a habitable space with facilities to be used for living, sleeping, cooking and eating.

(c)   Person - shall include any person, firm, partnership, association, corporation or governmental body or agency.

(d)   Garbage - shall mean putrescible animal and vegetable wastes resulting from the preparing, handing, cooking and consumption of food or food produce.

(e)   Rubbish - shall mean nonputrescible wastes consisting of miscellaneous materials including paper, tin cans, glass, fabrics, utensils, pliable cartons and boxes, excelsior, sweepings of dust and dirt.

(f)   Construction, Demolition, and Renovation waste - shall mean and include among other things wood, non-pliable crating, barrels, discarded furniture, appliances, tires, automobile and other metal parts, and junk items.

(g)   Yard Waste - shall mean rocks, ashes, and lawn and tree trimmings and other yard related vegetation.

(h)   Hazardous Waste - is any waste or combination of wastes which, because of its quantity, concentration or physical, chemical, biological or infectious characteristics or as otherwise determined by the secretary of the Kansas Department of Health and Environment: (1) Causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.

(i)    Refuse - shall mean and include all garbage, rubbish, construction, demolition, and renovation waste, and yard waste.

(j)    Premises - shall mean and include a lot, plot or parcel of land including buildings and structures thereon.

(k)   Sanitary landfill - shall mean the method of disposing of refuse by compacting and depositing the same in a designated site to be covered with sufficient earth to eliminate as far as practicable unsightliness, odors and health nuisances.

(Ord. 1115; Code 2016)

The prohibition of certain acts and conduct within the City limits of the City shall be as follows:

(a)   It shall be unlawful for any person to throw, place, deposit or allow to accumulate, leave or cause to be thrown, placed, deposited, or left upon any parking, sidewalk, gutter, street, alley, thoroughfare, park or other public grounds or City owned property, any refuse as previously defined, provided that nothing shall prevent person receiving permission from the city from encumbering streets or alleys with building materials or earth for the purpose of construction, remodeling or reconstruction or repairing of any building or structure. Such persons shall remove such materials within 10 days of completion of the work and shall leave streets and alleys in the same condition prior to its use thereof.

(b)   Every person including the owner and occupant of any premises within the city limits of the city shall maintain his premises in a clean and sanitary manner free from unsightly and putrescible accumulations refuse as defined.

(c)   Every owner or occupant of any premises having garbage or rubbish within the city limits shall dispose of all garbage and rubbish in a clean and sanitary manner by placing same in an approved airtight disposal container, hereinafter defined and contracting for the disposal of same with the city. Nothing herein shall prevent the use of sink garbage disposal grinders.

(d)   It shall be unlawful to burn refuse within the city limits; provided, that these restrictions shall not apply to a residential fireplace or to charcoal burner or broilers used in the preparation of food; provided further, that if the city shall affirmatively find upon timely application filed, considering need, effect or adjoining premises and facilities provided therefore, permission maybe granted for the periodic burning bf trash, leaves, trees, tree trimmings, shrubs or rubbish.

(e)   It is hereby declared to be the duty of the owner of any animal that dies within the city limits, to cause proper disposal of same to be made immediately. Burial of such animals by the owner shall be the minimum of 24 inches of earth cover.

(f)   It shall be unlawful for any person to collect and transport refuse within the city limits unless such insecurely contained to prevent scattering along streets and alleys.

(g)   It shall be unlawful to upset, turn over, remove or carry away any container or damage or injure such container used for storage of garbage and rubbish.

(h)   It shall be unlawful for any person to transport refuse into the city for the purpose of disposing of the refuse through the city refuse disposal service. The placing of refuse in a dumpster, at a city pickup point, city parking or in a container used for this purpose, shall be presumptive of an intent to cause unlawful disposal within the meaning of this prohibition.

(i)    It shall be unlawful to include prohibited wastes, such as yard wastes and hazardous wastes, in with accepted wastes intended for removal by the city.

(Ord. 1115; Code 2016)

The city shall collect and dispose of garbage and rubbish within the city limits as a municipal function. Garbage and rubbish shall be collected and removed once each week from residential districts and five days a week from commercial establishments which have made arrangements and pay for such services.

(Ord. 1115; Code 2016)

(a)   Every person desiring to contract with the city for removal of garbage and rubbish from any premises shall provide suitable containers for holding such. The containers shall not exceed a 30-gallon capacity, with exception of commercial units. All containers are to be wind proof, watertight and tightly fitted with a cover or lid, and it shall be kept closed.

(b)   All containers shall be placed at a suitable location at the edge of any available alley or such other location arranged for with the city personnel. Containers shall be maintained in a clean manner by person or persons in charge thereof. Garbage shall be drained and wrapped before depositing in the container. Garbage and rubbish may be placed in the same container. The owner or occupant may use disposal bags approved by the City for garbage and rubbish in lieu of containers. Such bags when set out for removal shall be closed for convenient handling.

(Ord. 1115; Code 2016)

City removal of construction, demolition, and renovation waste shall be limited to one (1) square yard of such material per week. After reasonable estimate of city employees, any amount of said material in excess of one (1) square yard shall be the responsibility of the disposing person to remove and transport to an approved landfill or transfer station, as appropriate. The costs of disposal of construction, demolition, and renovation waste in excess of one (1) square yard are not covered by city residential or commercial charges, and are the responsibility of the disposing person.

(Ord. 1115; Code 2016)

City employees will not remove yard waste. Disposal of such waste is the responsibility of the disposing person.

(Ord. 1115; Code 2016)

City employees will not remove hazardous waste. Disposal of such waste is the responsibility of the disposing person.

(Ord. 1115; Code 2016)

All fees and charges provided for by this article shall be collected by the city clerk of the city and such charges shall be added to and paid in the same manner as utility bills. All charges imposed hereunder shall be due and payable to the city monthly within 15 days after the bill is mailed. All bills rendered for refuse removal services shall be billed with the utility bills and shall constitute a single debt to the city. Failure to pay any part of the debt shall be sufficient cause to discontinue all services rendered including utilities.

Ref: See 15-136 for provisions relating to notice, hearing and termination of service.

(Ord. 1115; Code 2016)

(a)   The collection of commercial and residential garbage and rubbish within the city is hereby deemed as an exclusive municipal function and the city shall be the sole provider of such service. Commercial collection of these items within the city limits is hereby strictly prohibited.

(b)   The collection and removal of Construction and Demolition wastes may be performed by a company licensed by the City to perform such collection and removal. The licensing procedure for such companies shall be the same as provided for other contractors licensed by the City.

(Ord. 1115; Code 2016)

The minimum service charge per residential user shall be $7.84 per month for up to one cubic yard of material per pickup.

(Ord. 1166; Code 2016)

The following service charges per commercial user shall be as follows:

(a)   Up to 1.0 cubic yard per pickup:

4 times   $12.75 per month

8 times   $25.50 per month

12 times $38.25 per month

20 times $51.00 per month

(b)   Up to 1.5 cubic yards per pickup:

4 times   $19.13 per month

8 times   $38.26 per month

12 times $57.39 per month

20 times $76.52 per month

40 times $95.65 per month

(c)   Up to 2.0 cubic yards per pickup:

4 times   $25.50 per month

8 times   $51.00 per month

12 times $76.50 per month

20 times $102.00 per month

40 times $127.50 per month

(d)   Up to 3.0 or more cubic yards per pickup:

4 times   $38.25 per month

8 times   $76.50 per month

12 times $114.75 per month

20 times $191.25 per month

(e)   Ninety gallon trash poly carts are available for an additional $1.50 per month charge.

(f)   Month to Month Dumpster Rental - Rental rate for disposal dumpsters on a month to month basis shall be two times the monthly rate for commercial customers.  One pickup will be included per month.  Additional pickups will be charged the monthly rate for the size of the rented disposal dumpster as shown below.

1 Yard    $25.50

1.5 Yard $38.26

2.0 Yard $51.00

3.0 Yard $76.50

(Ord. 1241; Code 2016)