Chapter 15 · Utilities

Article 5. Solid Waste

Sections 15-501 to 15-521 · 21 sections

15-501 Definitions.

(a)As used herein, refuse shall mean rubbish, trash, paper, wood, yard trimmings, metal, glass, etc., resulting from the normal activities of a household.

(b)Garbage — shall mean food wastes, animal, vegetable or mineral matter derived from the preparation or packaging of foodstuffs.

(c)Hazardous materials — shall mean wastes that are hazardous by reason of their pathological, explosive, incendiary, radiological or toxic characteristics.

(d)Sanitation Officer shall be a person as designed by the mayor to inspect premises and enforce this article and other sanitation regulations. Such sanitation officer may be any resident of Butler County, Kansas.

(Ord. 432, Sec. 1; Code 1990)

15-502 Collection of refuse and garbage.

All refuse and garbage accumulated within the city shall be collected, conveyed and disposed of by the city, its employees, or by contractors specifically authorized to collect and dispose of refuse and garbage, or by person disposing of their own refuse and garbage.

(Ord. 432, Sec. 2; Code 1990)

15-503 Contracts for collection and disposal.

The governing body of the city shall have the right to enter into a contract or contracts with any responsible person for the collection and disposal of refuse and garbage and provide that the parties with whom the contracts are made shall collect and dispose of all refuse within the city. The mayor is authorized to negotiate and enter into such contact with the approval of the council, and it shall not be necessary that bids be solicited or accepted for the provision of the service.

(Ord. 432, Sec. 3; Code 1990)

15-504 Storage of refuse, garbage and other solid wastes.

Any person, firm, corporation, association or other entity owning, managing, operating, leasing or renting any premises or place where garbage, refuse or solid waste accumulates shall provide at all times and maintain in good order and repair on any premises a portable container or containers for storage of such garbage, refuse or solid waste of sufficient capacity and in sufficient numbers to accommodate and securely hold all of the garbage, refuse and solid waste that may accumulate between regularly scheduled collections

(a)No such containers shall be located upon public property, streets or alley rights-of-way unless express written permission shall have been obtained from the city.

(b)Refuse, garbage and solid waste containers shall not be more than 32 gallons in capacity. Such containers shall be waterproof, animal-proof, and shall be maintained closed. Each containers hall have a tight fitting lid and shall be leakproof and fly-tight. All containers shall have handles of suitable construction to permit lifting; provided, however, that plastic bags of not less than 1.5 mills in thickness may be substituted for the containers as set forth above; and provided further, that plastic bags, when used, shall be securely closed. No container, together with the contents therein, shall exceed 75 pounds in weight. Disposable bags manufactured for garbage, refuse or solid waste disposal in suitable frames or containers may be used.

(c)On premises where such individual storage containers are impractical, the occupant or other responsible party or the contract hauler may provide and maintain suitable bulk containers for the on-premise storage of refuse. Such containers shall have a capacity of one or two cubic yards and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used and shall be constructed of durable, rust and corrosion resistant material which is easily cleaned. All such containers shall b equipped with tight fitting lids or doors to prevent entrance of insects or rodents and shall be watertight, leakproof and weatherproof.

(d)Covers, lids and doors on containers used for the storage of refuse, garbage and solid waste shall be kept closed at all times except when depositing material in containers or removing the contents therefrom.

(e)No person shall deposit or allow to be accumulated refuse, garbage or solid waste on property for which he or she is responsible any place other than the heretofore authorized containers; provided, however, that it shall not be necessary to place books, boxes, magazines or newspapers in containers if they are securely tied in bundles or completely contained in disposable boxes not larger than 24 x 24 x 36 inches or tree limbs and brush that has bee securely tied in bundles not larger than 48 inches long and 18 inches in diameter.

(f)Baskets, boxes and noncomplying refuse or garbage can or containers may be considered disposable refuse and may be removed by the authorized collector if they are of a proper size and otherwise acceptable for collection. The collector may leave uncollected such items if they are larger than the heretofore described size or are unacceptable for collection by him or her.

(g)Each person responsible for property as heretofore described shall be responsible for the removal of large, bulky items such as furniture, large tree limbs, and appliances that cannot be reduced to fit approved containers. Special arrangement may be made with the authorized collector, but in no event shall the same be allowed to remain uncollected for a period of longer than 30 days.

(Ord. 432, Sec. 4; Code 1990)

15-505 Wrapping of garbage.

All garbage or refuse consisting of waste animal and vegetable matter which may attract flies, dogs or rodents shall be drained of all excess liquid, wrapped in paper or disposable containers, and placed or stored until collected in covered containers as described in section 15-504.

(Ord. 432, Sec. 5; Code 1990)

15-506 Accumulation of refuse and garbage.

No person shall store, collect, maintain or display on private property refuse or garbage that is offensive or hazardous to the health and safety of the public or which creates offensive odors or a condition of unsightliness. All such refuse, garbage and papers, trash, ashes or other waste material shall be stored in containers as heretofore described.

(Ord. 432, Sec. 6; Code 1990)

15-507 Burying of refuse and garbage.

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 premises owned, occupied or under the possession and control of such person; provided, however, that lawn and garden materials may be accumulated for composting.

(Ord. 432, Sec. 7; Code 1990)

15-508 Unauthorized handling.

No person not expressly authorized by the owner or occupant of premises involved shall open or extract any refuse, garbage, solid waste or other materials from any trash container or in any way pilfer or scatter the contents thereof.

(Ord. 432, Sec. 8; Code 1990)

15-509 Unauthorized disposal.

No person shall haul or cause to be hauled any garbage, refuse, solid waste or other waste material of any kind to any duping place or site or area within or without the corporate limits of the city unless such place or site or area is expressly authorized by the Kansas State Department of Health as the disposal site for such material or is a sanitary landfill site, transfer point or disposal facility approved by the Kansas State Department of Health.

(Ord. 432, Sec. 9; Code 1990)

15-510 Hazardous materials.

No person shall deposit in a garbage, refuse or solid waste container or otherwise offer for collection any hazardous garbage, refuse or waste. Hazardous material shall be transported by the owner, responsible person or his or her agent to a place of safe deposit or disposal as prescribed by the Kansas State Department of Health, or other authorized agency. Hazardous material shall include but not be limited to explosive materials, rags or other wastes soaked in volatile or inflammable materials, drugs, poisons, radioactive materials, high-combustible materials, dressings, clothing, bedding or other waste contaminated by infection or contagious disease, and other materials which may present a special hazard to collection or disposal personnel or equipment or to the public.

(Ord. 432, Sec. 10; Code 1990)

15-511 Use of public property prohibited.

No person shall throw, rake, deposit, dump, drop or spill litter, waste material, garbage, refuse or other foreign material upon the streets, sidewalks, or other public rights-of-way within the city; provided that the mayor may proclaim a period when leaves or bulky wastes may be placed in the street rights-of-way for collection; provided further that any person may, if a suitable building permit has been issued, encumber the streets or alleys with such building materials or earth as may be necessary for the purpose of construction, erection, adding to, remodeling or repairing any building or structure or resulting from a demolition operation, provided that the building permit shall require that the person so encumbering the public right-of-way shall remove any and all material as soon as may be practicable, and in any event within 10 days from the completion of the construction or demolition for which the building permit has issued, and shall leave the street or alley in the same condition it was in prior to such use thereof.

(Ord. 432, Sec. 11; Code 1990)

15-512 Entry on private property.

Any garbage, refuse and solid waste collectors authorized by the city hereunder are hereby authorized to enter in and upon private property for the purpose of collecting garbage, refuse and solid waste therefrom as required by this article.

(Ord. 432, Sec. 12; Code 1990)

15-513 The collection of garbage, refuse and solid wastes.

(a)All garbage, refuse and solid wastes within the city shall be collected and disposed of as provided by law no less often than once each week and more often where required to maintain the premises free of nuisance, odor or accumulations of garbage, insects, flies, rodents, and disease-carrying organisms.

(b)It shall be the duty of the owner or person in possession of or in control of any premises to place the storage containers required heretofore in a convenient location no closer to any street right-of-way than the minimum building setback lines prescribed by city ordinance or building restrictions on the premises and no further than 100 feet from the nearest street right-of-way, easily accessible to the collectors who shall be allowed to collect the same without the necessity of going into buildings, garages, locked gates, gates too narrow for easy access, or fenced yards containing dogs or other hazards.

(c)All containers and grounds immediately around the same shall be kept in a safe, sanitary condition at all times.

(d)Heavy accumulations such as brush, broken concrete, ashes, sand, gravel, automobile frames, dead trees, or other bulky or heavy materials shall be disposed of at the expense of the owner or person controlling the premises under the direction of the sanitation officer.

(e)manure and refuse from cow lots, horse stables, poultry yards, pigeon lofts, or other animal or fowl pens shall be removed and disposed of at the expense of the person controlling the same in the manner and by the method directed by the sanitation officer.

(f)Waste oils from garages and filling stations and materials considered hazardous or dangerous shall be removed and disposed of at the expense of the person controlling the premises on which the same are located in a manner and by a method directed by the sanitation officer.

(Ord. 432, Sec. 13; Code 1990)

15-514 Permits.

No person shall collect or haul over the city streets any garbage, refuse or solid waste unless such person shall have contracted with the city as provided by section 15-503 hereof or unless such person has a permit to haul his or her own garbage, refuse or solid waste which has accumulated at his or her home, residence or business establishment. The permit shall be issued by the city clerk and shall be subject to being revoked if the hauling of the garbage, refuse or solid waste shall be done in such a manner as to endanger the public health or safety or to create a nuisance to the inhabitants of the city or to allow such garbage, refuse or solid waste to litter the streets and alleys of the city.

(a)Prior to the issuance of such permit, every person desiring to obtain a permit shall make written application to the city clerk setting forth his or her name, residence, business address, description of the equipment to be used in the collection, disposal or hauling, place of disposal and method of disposal to be practiced, which application shall be accompanied by a fee of $10.

(b)All permits issued hereunder shall be for a calendar year and shall expire on the 31st day of December of the calendar year.

(Ord. 432, Sec. 14; Code 1990)

15-515 Contractor’s agents, etc.

All persons authorized by contract with the city to collect and transport garbage, refuse or solid waste may designate agents and employees to carry out the functions contracted for and no further permit or license shall be required of the contracting party, his or her agents or employees by the city.

(Ord. 432, Sec. 15; Code 1990)

15-516 Contractors’ refuse.

Nothing herein contained shall be construed as prohibiting construction contractors, tree surgeons, roofers and other private contractors, tree surgeons, roofers and other private contractors whose operations result in the accumulation of refuse from hauling and disposing of accumulations of trash, rubbish and refuse resulting form their operation.

(Ord. 432, Sec. 16; Code 1990)

15-517 Service fees.

(a)The Residential Trash rates to be charged each month are as follows:

(1)Residential family unit is the first 95-gallon cart $18.00 per month and the second 95-gallon cart, if requested, $9.00 per month, to be increased annually by 2.5% each January 1, commencing January 1, 2028.

(2)Residential senior family unit is the first 95-gallon cart $14.40 per month and the second 95-gallon cart, if requested, $9.00 per month, to be increased annually by 2.5% each January 1, commencing January 1, 2028.

Residential senior family unit is defined as a single person 65 years of age or older.

(Ord. 580; Code 1990; Ord. 723; Ord. 26-514)

15-518 Duty to notify city.

A request for water service shall automatically constitute a request for refuse service unless the family unit notifies the city clerk in writing prior to the 10th day of any month that their refuse service is to be terminated. In that event, the refuse service will terminate on the last day of the month in which the notice is received; provided that the person obtains a permit as required in section 15-514 hereof.

In the event that notwithstanding the above provision, any premises in the city has garbage, refuse or solid waste accumulated thereon, the city may cause the same to be collected, transported and disposed of by such method as the city sees fit. The entire cost of the collection, transportation and disposal shall be billed to the owner, occupant or person in charge of the premises at such address as may be reflected in the city records or the address of the owner contained in the records of the county taxing authorities. Any such charges which remain unpaid for a period of 60 days or more after the date upon which they were billed shall bear interest at the rate of 1 percent per month and may be collected thereafter by the city as follows:

(a)At least once a year the city council shall cause to be prepared a report of delinquent fees. The council shall fix a time, date and place for hearing the report and any objections or protests thereto. The council shall cause notice of the hearing to be mailed to the property owner listed in the report not less than 10 days prior to the date of the hearing.

(b)At the hearing, the council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The council may make such revisions or corrections to the report as it deems just, after which by resolution the report shall be confirmed.

(c)The delinquent fees set forth in the report as confirmed shall constitute assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees. A certified copy of the confirmed report shall be filed with the county clerk for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon the recordation in the office of the county clerk of the county in which the property is situated of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county and ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county and ad valorem property taxes shall be applicable to such assessments.

(Ord. 432, Sec. 18; Code 1990)

15-519 Discontinuation of service.

If the refuse service charge is not paid within 30 days from the date billed, the city may terminate the refuse service until such time as the refuse service charge is paid in full.

(Ord. 432, Sec. 19; Code 1990)

15-520 Prohibited practices.

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 the written consent of such owner and/or 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 waste.

(c)Dispose of solid waste in any manner not approved by this article.

(d)Burn or set afire any garbage, refuse or solid waste within the city limits of the city.

(Ord. 432, Sec. 20; Code 1990)

15-521 Penalties.

Any person who shall violate any provision of this article shall, upon conviction, be punished by a fine of not less than $25 nor more than $100 or by imprisonment of not more than 30 days. Each day that any such violation continues shall be considered a separate offense.

(Ord. 432, Sec. 21; Code 1990)