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, 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.
(j) Yard Waste. – organic materials consisting of lawn and grass clippings and other garden waste
(k) Tree waste – leaves, tree clippings, tree branches, and small tree limbs
(Code 2009; Ord. 20-05)
There shall be no outside open burning of any refuse, including garbage and trash as herein above defined, and including waste products resulting from building operations or solid wastes resulting from industrial operations, any materials resulting from building excavations, demolition or remodeling work or any construction work, tree stumps, tree trunks, tree trimmings and limbs resulting from operations of professional tree trimmers.
(Code 2019)
All refuse accumulated in the city shall be collected; conveyed and disposed of by the city or employees of the city or by contractors specifically authorized to collect and dispose of refuse or by persons authorized to dispose of their own refuse.
(Code 2019)
The governing body shall have the right to enter into a contract with any responsible person, providing that the contractor shall collect and dispose of all refuse within the city, the terms of the contract to be arranged and determined by the governing body.
(Code 2019)
It shall be unlawful for any person to collect or haul over the streets of the city, any trash, garbage, or refuse unless such person shall have a contract with the city; provided, that this section shall not apply to departments of the city government of the city; provided further, that nothing in this section shall be construed to prevent a person from hauling or disposing of his or her own refuse in a completely closed or covered vehicle and in such a manner as to not endanger the public health or safety, nor to create a nuisance to the inhabitants of the city and not to litter the streets and alleys of the city.
(Code 2019)
No person, firm or corporation shall engage in the regular business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the city without first obtaining a permit from the city. A permit issued to a person, firm, or corporation shall cover all employees of the person, firm or corporations.
(Code 2019)
Each applicant for a permit shall file an application on forms to be approved by the sanitation superintendent. Such application shall show (1) the number of vehicles to be operated, (2) the make, model and identification number of each vehicle, (3) the precise location of processing or disposal facilities, (4) boundaries of the collection area and (5) such other information as the sanitation superintendent may require.
(Code 2019)
All permits issued as provided in this article are nontransferable; provided however, that one vehicle may be substituted for another by filing the description and identification number with the city clerk; and provided further, that additional vehicles may be added by filing a proper application, insurance and permit fee.
(Code 2019)
Each application for a permit shall be accompanied by a fee of $25.00 for each vehicle. All application fees shall be refunded if the application for permit is denied.
(Code 2019)
No permit shall be issued to any person, firm or corporation as provided in this code, until the applicant shall have filed a certificate of insurance written by a company licensed to do business in Kansas providing public liability insurance covering all operations and all vehicles operated by applicant. Such policy shall provide not less than $100,000 for any injury to, or death to any one person, and $500,000 for the injury or death of any number of persons in any one accident and with a property coverage of not less than $25,000 for any one accident. Such policy may be written to allow the first $250.00 of property damage to be deductible. The certificate of insurance shall provide that it cannot be canceled until 10 days after written notice of such cancellation has been filed with the city clerk.
(Code 2019)
All permits issued under this article shall expire one year after the date of issuance. A permit may be renewed for a period of one year upon payment of the annual license fee and filing a certificate of insurance as provided in section 7-410.
(Code 2019)
All vehicles operating under a permit issued under this article shall display the permit number on each side of the vehicle in a color which contrasts to the color of the vehicle. Such numbers shall be clearly legible and shall not be less than three inches in height.
(Code 2019)
A permit issued under this article may be revoked for the violation of any terms of this article or regulations of the sanitation superintendent and city council; provided however, that no permit shall be revoked until the holder of such permit has been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this article or regulations issued by the sanitation superintendent and city council.
(Code 2019)
The refuse accumulated in the city shall be removed as needed in the residential area and as often as may be required in the commercial and business district.
(Code 2019)
Every owner or occupant of a dwelling or commercial establishment shall keep his or her premises in a clean and sanitary condition and free from any accumulation of refuse and each owner or occupant of any such premises shall dispose of all refuse in a clean and sanitary manner by placing such refuse in an approved storage container.
(Code 2019)
It shall be the duty of the occupant or owner of any premise, dwelling or commercial establishment in which garbage accumulates in the city to provide or cause to be kept in approved suitable containers or enclosures for holding and storing garbage. Such containers or enclosures shall be watertight, fire resistant, fly proof, rodent proof, insect proof, and animal proof and shall be provided with a tight fitting, fire resistant, fly proof, rodent proof, insect proof and animal proof lid or cover and shall be of sufficient size to hold all accumulations of garbage and shall be kept closed at all times except when placing garbage therein or when taking the same therefrom. All such containers shall be located as to be easily accessible to refuse collectors and haulers. Containers for commercial waste shall be of such size and construction as shall be determined by the governing body of the city.
Garbage and trash may be placed in the same approved storage container not over 30 to 31-gallon capacity, with handles on each side, and all garbage shall be drained and wrapped before placing the garbage in the container as herein provided. Plastic bags may be used provided they shall be securely closed.
(Code 2019)
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 filling 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.
(Code 2019)
It shall be unlawful for any person to bury any garbage as herein defined on public or private property within the city limits.
(Code 2019)
Refuse materials, when placed in containers by the occupants or owners of the premises upon which the same are located, shall be subject to the exclusive control of the city, its agent or contractors and no person shall meddle with refuse containers or in any manner pilfer or scatter the contents thereof.
(Code 2019)
Refuse placed in an improper container shall not be collected. Rocks, dirt, sod, concrete or building materials are not considered normal household wastes and will not be removed.
(Code 2019)
All solid waste containers shall be stored upon private property unless the owner shall have been granted written permission from the city to use public property for such purpose.
(Code 2019)
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 collecting solid waste therefrom as required by this article.
(Code 2019)
All vehicles used for the collection and transportation of solid waste shall be constructed with watertight bodies and shall be fully enclosed or capable of being securely covered. All such vehicles shall be maintained in a safe, clean sanitary condition and shall be operated in such a manner as to prevent spillage therefrom.
(Code 2019)
All solid waste shall be disposed of at a site approved by the city and holding a valid permit from the State Board of Health. Such disposal site shall be operated in a manner consistent with regulations adopted by the Rooks County Solid Waste Committee, and standards fixed by the state and federal government.
(Code 2019)
Rocks, dirt, sod, concrete and building material shall be disposed of only in sites and in a manner approved by the city council, and the local and State Board of Health.
(Code 2019)
Any person, firm or corporation who from time to time may desire to dispose of unwanted objects, furniture, appliances, trash, litter or other solid waste shall dispose of shall dispose of such refuse by delivering it, or having it delivered, to an approved disposal site to be disposed of in the same manner as provided for ordinary residential or commercial waste.
(Code 2019)
In situations which are not contemplated or considered by the terms and conditions of this article, the governing body of the city shall have the power and authority to grant special rights and privileges on a temporary basis for the collection, hauling and disposal of trash and garbage when such special privileges are required in order to maintain the health and sanitation of the city and its inhabitants or such rights and privileges are required to avoid the creation of a public nuisance.
(Code 2019)
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.
(Code 2019)
Commercial refuse service charges shall be determined by the governing body. In no case, however, shall such commercial rates be less than that charged a dwelling unit. In determining commercial rates the governing body shall consider such factors as the quantity of refuse collected, the number of collections each month and accessibility to the place of collection.
(Code 2019)
(Reserved)
The city governing body shall, as it deems necessary, establish special pickup days for picking up all trash other than materials resulting from building excavations, demolition or remodeling of any type of construction work.
(Code 2019)
A request for water service shall automatically constitute a request for refuse service. A termination of water service shall automatically terminate refuse service; provided however, that the absence of public water service shall not relieve any owner or occupant of any residence, multi-family dwelling or commercial enterprise from the responsibility of complying with the provisions of this article.
(Code 2019)
Where collections are made from each individual unit of a multi-family dwelling, an individual unit may be exempted from the monthly service fee upon written application of the owner that such dwelling unit has been vacant more than 18 days. Should the owner fail to advise the city at the time the unit again becomes occupied, he or she shall immediately become liable for all fees waived.
(Code 2019)
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 2019)
Any person, firm or corporation delivering refuse to a disposal site operated by the county shall pay disposal fees as set by Rooks County Solid Waste Committee and posted at the landfill.
(Code 2019)
It shall be unlawful for any person, firm or corporation to:
(a) Deposit solid waste in any container other than that owned or leased by him or her or under his or her control without written consent of such owner and with the intent of avoiding payment of the refuse service charge.
(b) Interfere in any manner with employees of the city or its contractor in the collection of solid wastes.
(c) Burn solid waste unless a variance has been granted, and written permit obtained from the city of the appropriate air pollution control agency.
(d) Dispose of solid waste in an unapproved site.
(Code 2019)
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.
(Code 2019)
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.
(Code 2019)
Refuse collection service and the charges therefor may be discontinued upon a finding by the city council that due to special circumstances applicable to a specific piece of property the collection of refuse therefrom is unnecessary.
In order to establish such fact that refuse collection is not necessary by the above city council, any person with specific special interest in the property may file with the appeals officer an affidavit in form to be approved by the city attorney, setting forth sufficient and necessary information which, if found to be true, clearly demonstrates that the collection of refuse from the property therein described is not necessary.
(Code 2019)
The sanitation officer shall, within 10 days after receiving the properly signed affidavit investigate the facts alleged therein. The sanitation officer, after his or her investigation submits his or her findings in writing to the city council. The sanitation officer shall also, at the same time, submit a copy of his or her findings in writing to the party making the affidavit.
The city council after receiving the written findings of the sanitation officer, shall set the matter for open hearing within 30 days after receiving the findings of the sanitation officer.
The sanitation officer shall give the party making the affidavit and the party who has entered into the contract with the city for the refuse collection and water service three days written notice prior to the hearing date by certified mail of the hearing date. A signed receipt of the notice of hearing by the party making the affidavit of his or her refusal to accept notice of the same, shall constitute enough notice to the party.
(Code 2019)
The hearing date shall be established by the city council and shall be conducted by the city council pursuant to rules and regulations established by the city council. At this hearing, the signing party of the affidavit and the party entering into the contract with the city for refuse collection and water service, shall be allowed to present evidence to sustain the allegations of the affidavit. This evidence can be either oral or written.
During that period after the signing and delivery of the affidavit and the actual hearing date of the affidavit itself, the collection of refuse from the property in question shall be made and all charges made therefore, pursuant to the other provisions of this article.
All findings and determinations by the city council shall be placed in writing and placed in the city council books which shall be open to the public. All such findings and determinations shall be findings only for the fiscal year during which and for which the findings and determinations are made. The sanitation officer may require the filing of a new affidavit before extending the period of exemption from refuse collection charges to the party and/or parties liable for the charges on any specific piece of property.
(Code 2019)
Any person aggrieved by a decision of the city council made pursuant to section 7-439 may in writing appeal such decision to the city council and the decision of the city council on the matter shall be final.
(Code 2019)
Additional rules and regulations not inconsistent with the terms and provisions of this article may be promulgated and enforced by the governing body of the city.
(Code 2019)
Any person violating any provisions of this article shall be deemed guilty of a violation of this code and upon conviction shall be fined in a sum of not more than $500.00 or by imprisonment for not more than 30 days in the county jail or by both such fine and imprisonment, and each day of failure to comply with this article shall constitute a separate offense.
At no charge, the general public may dispose of yard waste at the city yard waste disposal site near the city baseball fields. Disposal shall be during the hours and in the method posted at the disposal site. Disposal of tree waste, rubbish or trash, dirt, stumps, or rocks is prohibited. Disposal of any material in violation of the posted requirements, or disposal of prohibited items shall be subject to the penalties described in this Article.
At no charge, the general public may dispose of tree waste at the city tree dump near the city wastewater lagoons. Disposal shall be during the hours and in the method posted at the disposal site. Disposal of rubbish or trash, dirt, stumps, or rocks is prohibited. Disposal of any material in violation of the posted requirements, or disposal of prohibited items shall be subject to the penalties described in this Article.
(Code 2019; Ord. 20-05)