Chapter 15 · Utilities

Article 4. Solid Waste

Sections 15-401 to 15-432 · 32 sections

15-401 Definitions.

For the purpose of this article, the following words and phrases shall mean:

(a)Commercial Waste — All solid waste 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 — Putrescible 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 dual 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, ashes, boxes and barrels, wood and excelsior, street sweepings and mineral refuse. Rubbish and trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations.

(h)Solid Waste — All non-liquid garbage or rubbish and trash.

(Ord. 742, Sec. 1; Ord. 2049; Code 2022)

15-402 Duty of owner or occupant.

The City or its contractor will provide each Dwelling Unit with one (1) portable container, and each business/commercial enterprise with a business/commercial container, adequate to contain the amount of Solid Waste ordinarily accumulated at such place during the intervals between collections. Lost, stolen or damaged containers will be replaced at the customer’s cost. The customer will be responsible for cleanup of Solid Waste scattered or spilled by animals, wind or other causes before arrival of the collection crew. The cost of each container shall be levied against each Dwelling Unit or business/commercial enterprise in accordance with the City’s service fee schedule.

(Ord. 742, Sec. 2; Ord. 2131; Ord. 2134; Ord. 2169; Code 2022)

15-403 Residential containers.

(a)No Solid Waste container when loaded shall weigh more than 100 pounds and no separate item or items of Solid Waste manually collected shall weigh more than 65 pounds nor shall any item be of such a size, volume or shape as to exceed what one person can reasonably be expected to lift and empty into a collection vehicle.

(b)Unless another pick up point has been approved by the City Superintendent or his designee, all portable containers containing Solid Waste, upon days of collection thereof, shall be placed by the occupant outside of any existing yard fence and within six (6) feet of the curb adjacent to the Dwelling Unit.

(c)Collection at the door or other agreed location may be authorized by the City Superintendent for hardship cases, arising from physical impairment, upon written application to the City.

(d)Containers shall be placed in a clearly accessible and uncluttered area to minimize risk of injury to the collector. All garbage shall be drained of all liquids before being placed in containers. All waste must be contained within the container such that the lid will close. All containers shall be placed by the curb by no later than 6:00 a.m. on the prescribed day of collection.

(Ord. 907, Sec. 1; Ord. 2131; Ord. 2134; Ord. 2169; Code 2022)

15-404 Commercial containers.

Containers for commercial waste shall be of such size and construction as shall be determined by the mayor. And further, any commercial establishment; new or otherwise, may be required to provide at their own expense a dumpster for the storage of its commercial waste. The need for such dumpster shall be determined by the mayor based upon the quantity, size and nature of all waste emanated from the establishment.

(Ord. 907, Sec. 2)

15-405 Miscellaneous waste.

(a)Books, magazines and newspapers shall be securely tied in bundles and shall not, regardless of size, exceed 50 pounds in weight.

(b)Empty cardboard boxes shall be flattened and placed in a proper container for disposal.

(Ord. 907, Sec. 3; Ord. 2049; Code 2022)

15-406 Distributing containers.

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 way pilfer or scatter the contents thereof.

(Ord. 742, Sec. 6)

15-407 Improper containers.

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.

(Ord. 742, Sec. 7)

15-408 Location of containers.

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.

(Ord. 742, Sec. 8)

15-409 Collection of solid waste.

The city shall provide for the collection of all solid waste in the city. The city may provide the collection service by contracting with a person, firm, corporation, county, another city, or a combination thereof, for the entire city or portions thereof, as deemed to be in the best interests of the city, and may limit collection to pick up at the curb in the discretion of the governing body.

(Ord 742, Sec. 9)

15-410 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. 742;· Sec. 10)

15-411 Frequency of collection.

Solid waste in residential areas shall be collected weekly. All commercial solid waste shall be collected at intervals as may be fixed by the mayor.

(Ord. 742, Sec. 11)

15-412 Collection equipment.

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 and in compliance with all federal and state laws. 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.

(Ord. 742, Sec. 12l

15-413 Disposition of waste.

All solid waste shall be disposed of at a site approved by the city and holding a valid permit (after June 30, 1976) from the State Board of Health. Such disposal site shall be operated in a manner consistent with regulations adopted by the mayor, and standards fixed by the state and federal government.

(Ord. 742, Sec. 13)

15-414 Rocks; dirt.

Rocks, dirt, sod, concrete and building material shall be disposed of only in sites and in a manner approved by the mayor, the local and State Board of Health.

(Ord. 742, Sec. 14)

15-415 Periodic clean up.

Any person, firm or corporation who from time to time may desire to dispose of unwanted objects, trash, litter or other solid waste shall dispose of such refuse be 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, and at such time or times as the sanitary landfill of the City may be open for public use; PROVIDED, however, that no furniture, appliances, or other large objects of similar nature shall be received for disposal at the sanitary landfill of the City.

(Ord. 969)

15-416 Permit required.

No person, firm or corporation shall engage in the 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 corporation.

(Ord. 742, Sec. 16)

15-417 Permit application.

Each applicant for a permit shall file an application on forms to be approved by the mayor. Such application shall show:

(a)The number of vehicles to be operated;

(b)The make, model and identification number of each vehicle;

(c)Such other information as the mayor may require.

(Ord. 742, Sec. 17)

15-418 Permit not Transferable.

All permits issued as provided in this article are nontransferable. One vehicle may be substituted for another by filing the description and identification number with the city clerk. Additional vehicles may be added by filing a proper application, insurance certificate, and permit fee.

(Ord. 742, Sec. 18)

15-419 Permit fee.

Each application for a permit shall be accompanied by a fee of $5 for each vehicle. All application fees shall be refunded if the application for a permit is denied.

(Ord. 742, Sec. 19)

15-420 Insurance required.

No permit shall be issued to any person, firm or corporation as provided in section 15-416 until the applicant shall have riled 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 of any one person and $300,000 for the injury or death of any number of persons in any one accident and with a property coverage of not less than $100,000 for any one accident, such policy may be written to allow the first $250 of property damage to be deductible, general liability insurance of not less than $300,000 and workmen’s compensation coverage in conformity with law. 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.

(Ord. 742, Sec. 20)

15-421 Term of permit.

All permits issued under this article shall expire on December 31. 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 15-420.

(Ord. 742, Sec. 21) .

15-422 Revocation of permit.

A permit issued under this article may be revoked for the violations of any terms of this article or regulations of the mayor. 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 regulation issued by the mayor.

(Ord. 742, Sec. 22)

15-423 Prohibited practices.

It shall be unlawful or 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/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 wastes.

(c)Burn solid waste unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency.

(d)Dispose of solid waste in an unapproved site.

(e)Dispose of solid waste at the city disposal site in such a manner as will litter or contaminate the environment.

(Ord. 742, Sec. 30)

15-424 Mayor to adopt regulations.

The mayor is hereby authorized to formulate reasonable rules and regulation, subject to approval by the governing body, necessary to carry out the provisions of this article.

(Ord. 742, Sec. 31)

15-425 Request for service.

A request for water service shall automatically constitute a request for refuse service. A termination of water service shall automatically terminate refuse service. 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.

(Ord. 742, Sec. 24)

15-426 Billing.

Bills for refuse service shall be rendered monthly at the same time as bills for sewage and water service are rendered. Such bills shall be collected as a combined bill for refuse sewage and water service.

(Ord. 742, Sec. 25)

15-427 Partial service.

Any person, firm or corporation at the time of beginning or terminating service who receives service for a period of less than 18 consecutive days shall be billed at one-half of the regular monthly rate. For service of 18 consecutive days or more the charge shall be at the full monthly rate.

(Ord. 742, Sec. 26)

15-428 Service fees; exceptions.

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.

(Ord. 742, Sec. 27)

15-429 Delinquent accounts.

Service shall be terminated for nonpayment of service charges as provided in sections 15-113:114 of this chapter.

(Code 1988)

15-430 Liability of landlord.

Liability for payment of solid waste collection charges shall be governed by section 15-115 of this chapter.

(Code 1988)

15-431 Services fees.

On and after December 1, 2025:

(a)A refuse service fee of $13.27 per calendar month shall be levied against each dwelling unit, including each unit of a multiple family dwelling, for the collection and disposal of Solid Waste as required by this Article. An extra poly-cart shall be made available to a dwelling unit at a cost of $6.63 per calendar month.

(b)Business/commercial refuse service charges shall be levied against establishments engaged in business or commercial enterprises in accordance with the following rate schedule, based on collection interval of one collection per week:

(1)Commercial poly-cart - $19.10 per month

(2)Additional poly-cart - $9.55 per month

(3)2-yard dumpster - $57.29 per month

(4)3-yard dumpster - $71.69 per month

(5)4-yard dumpsters - $82.82 per month

(6)6-yard dumpers - $108.85 per month

(7)8-yard dumpsters - $128.05 per month

(c)All fees provided in this section 15-431 shall be adjusted in an amount equivalent to any rate increases implemented by the City’s solid waste collection/disposal contract with the City.

(Ord. 1041; Ord. 2007; Ord. 2048; Ord. 2061; Ord. 2131; Ord. 2134; Ord. 2169; Ord. 2179; Code 2022; Ord. 2026-02)

15-432 Distribution of funds collected.

Funds collected under this article shall be distributed into the following accounts:

(a)Not less than $500.00 nor more than $1,500.00 will be deposited monthly into a solid waste reserve account for the sole purpose of making expenditures for obtaining and installing equipment, accessories, or appurtenances, or acquiring land constructing buildings, incinerators, or other structures, which are necessary for the purpose of collection and disposal of solid waste.

(b)All remaining funds will be maintained in a solid waste operations and maintenance account.

(c)Accounts established in this section shall be non-lapsing. Funds held in these accounts at the end of the fiscal year shall be carried in the same account to the following fiscal year.

(Ord. 1041; Ord. 2007; Code 2022)