Chapter 15 · Utilities

Article 5. Solid Waste

Sections 15-501 to 15-522 · 22 sections

15-501 Department named.

The solid waste system of the city shall be operated by a department to be known as the “refuse department.” The department shall consist of the governing body, a superintendent, and other officers and employees of the city who shall devote all or part of their time to the conduct of the department. The city administrator shall maintain, manage, conduct and control the refuse department. The governing body shall make all such ordinances, rules and regulations as may be necessary for the safe, economical and efficient management of the department.

(Code 2003)

15-502 Superintendent of the refuse department; position created; duties.

There is hereby created the position of superintendent of the refuse department. The superintendent of the refuse department shall be employed by the city administrator and shall perform the following duties:

(a)He or she shall have general control and charge of the operations of the department

(b)He or she shall report monthly to the city administrator on all matters concerning the refuse department

(c)He or she shall ensure that the equipment is maintained in good repair

(d)He or she shall ensure that the refuse receptacles are maintained in good repair

(e)He or she shall perform all other duties assigned to him or her by the city administrator and shall be subject to general advice and control of the city administrator with respect to all specific duties.

(f)He or she shall perform all other duties imposed upon him or her by ordinance or law.

(Code 2003)

15-503 Employees.

The employment of the regular employees of the department shall be by the city administrator. Wages shall be approved by the governing body. All employees of the department shall be under the immediate control and management of the superintendent.

(Code 2003)

15-504 Definitions.

Unless the context clearly indicates otherwise, the meaning of the 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 meat, produce, and other foods and shall include unclean containers.

(d)Multi-Family Unit. Any structure containing more than one individual dwelling unit.

(e)Refuse. All garbage and/or rubbish or trash.

(f)Residence. Any structure or facility or part thereof, that is an independent dwelling unit.

(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 or rubbish and trash.

(Code 2003)

15-505 Time of collection.

The city shall collect and remove garbage and trash and other refuse from residential districts at least (1) one day each week and from commercial districts at least (3) three days each week.

(Code 2003)

15-506 Method of disposal.

The city shall collect all refuse and dispose of it by a sanitary landfill method or by other approved method at a place provided by the city and approved by the governing body and the State of Kansas.

(Code 2003)

15-507 Duty of owner, occupant.

The owner or occupant of every dwelling unit or commercial enterprise shall be responsible for placing refuse in containers. Plastic bags shall be used, and shall be securely closed. All garbage shall be drained of all liquids before being placed in bags and containers.

(Code 2003)

15-508 Location.

Containers for the storage of refuse shall be placed by the city. The city shall place the containers at a suitable alley or at such other location as may be designated by the city if such alley is not available or adjacent to the property. Where no alley is available, the city may designate the proper place at which to keep the storage containers.

(Code 2003)

15-509 Bulk containers.

The city shall supply the necessary containers.

(Code 2003)

15-510 Enter private property.

Refuse department employees or other employees of the city may enter in and upon private property for the purpose of collecting solid waste there from as required by this article.

(Code 2003)

15-511 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 and its employees. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.

(Code 2003)

15-512 Wrapping garbage.

All garbage shall be drained of all excess liquid, and placed in plastic bags or other disposal containers before being placed in solid waste containers.

(Code 2003)

15-513 Heavy, bulky waste.

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, furniture, appliances and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same.

(Code 2003)

15-514 Construction and demolition.

Construction contractors, tree surgeon, roofers and other private contractors, whose operations result in the accumulation of refuse shall haul and dispose of the accumulations of trash and rubbish resulting from their operations.

(Code 2003)

15-515 Acceptable items to be placed in containers.

No customer shall place items in the container that is not listed below:

(a)Normal household trash

(b)Raw garbage and pet wastes in plastic bags

(c)Grass clippings and leaves

(d)Small hedges and bush trimmings

(Code 2003)

15-516 Hazardous materials.

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse or waste. Hazardous materials shall include:

(a)Explosive materials

(b)Rags or other waste soaked in volatile and flammable materials

(c)Chemicals

(d)Poisons

(e)Batteries

(f)Radio-active materials

(g)Tires

(h)Highly combustible materials

(i)Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease

(j)Any other material which may present a special hazard to collection or disposal personnel, equipment, or to the public

(Code 2003)

15-517 Prohibited practices.

It shall be unlawful for any person to:

(a)Interfere in any manner with employees of the city in the collection of solid waste

(b)Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency

(c)Bury refuse at any place within the city except that lawn and garden trimmings may be composted

(Code 2003)

15-518 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 manner consistent with this article.

(Code 2003)

15-519 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 State of Kansas.

(Code 2003)

15-520 Unusual situations.

In situations which are not contemplated or considered by the terms and conditions of this article, the city administrator shall have the power and the authority to grant special rights and privileges on a temporary basis for collection, hauling, and disposal of trash and garbage where such special privileges are required in order to maintain the health and sanitation of the city and its inhabitants or such right and privilege is required to avoid the creation of a public nuisance.

(Code 2003)

15-521 Collection charges.

(a)Collection service for refuse pursuant to this Article shall be charged as follows:

(1)Residential – Single-Dwelling Unit. Each single-dwelling unit located within the city limits receiving such service shall be charged $15.00 per month.

(2)Residential – Multi-Family Unit. Multi-family units located within the city limits receiving such service shall be charged $15.00 per month for each dwelling unit located therein.

(3)Commercial. Each business or the premises of any person located within the city limits receiving such service for any commercial waste shall be charged $22.00 per month.

(4)County Services. Each residence, business, or other premises receiving such service outside the city limits, but within the boundaries of Kearny County, shall be charged both a service charge and container charge as set forth in this subsection. In the event of conflict between any provision of this subsection and any other ordinance or any other regulation, the provisions of this subsection shall control.

(A)The service charges shall be as follows:

(i)For collections on a two-times per month basis, $40.00 per month for services on the first container and $30.00 per month for services on each additional container; or

(ii)For collections on a one-time per week basis, $90.00 per month for services on the first container and $30.00 per month for services on each additional container.

(B)The container charge shall be as follows:

(i)An amount equal to 110% of the City’s cost of any such container, including, but not limited to, any shipping charges and any other charges or fees assessed by the seller.

(ii)The container charge set forth in subsection (a)(4)(B)(i) shall be paid for any container required by the City or requested by the customer, regardless of whether that container is the first container, an additional container, or a replacement thereof.

(5)Additional Collections. In the event that an additional collection is requested by a current customer, beyond the number set forth in Code Section 15-505 or otherwise set forth in this section, any such additional collection shall be charged at the rate of $4.00 per mile and shall be calculated on a round-trip basis per collection. .

(Ord. 794; Code 2003; Ord. 828; Code 2018; Ord. 930)

15-522 Billing.

Solid waste charges shall be billed monthly and shall be included on the water or utility bills. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as water bills. Owners of all property rented or leased to others shall be responsible for the payment of garbage and rubbish collection service fees assessed their renters, lessees, or tenants when they are in arrears, and shall be charged therefor.

The fees charged for the collection of garbage and rubbish and charged for water and sewer service in the city are hereby declared to be parts of one debt to the city insofar as the same affect any one consumer and the refusal or failure to pay any part of such debt for any monthly period of service in accordance with the rules and regulations established by the governing body of the city shall be sufficient cause for discontinuing water service. The garbage and rubbish collection shall be charged to either the water and/or sewer bill of any person receiving the garbage and rubbish collection service.