Article 6. Solid Waste

15-601.      Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Garbage means food wastes, animal, vegetable or mineral matter derived from the preparation or packaging of foodstuffs.

Hazardous materials means wastes that are hazardous by reason of their pathological, explosive, incendiary, radiological or toxic characteristics.

Owner means the taxpayer listed as such on the ad valorem tax rolls of the county.

Refuse means rubbish, trash, paper, wood, yard trimmings, metal, glass, etc., resulting from the normal activities of a household.

Sanitation officer means the director of the county department of public health or his authorized representative.

15-602.      Providers of solid waste transportation.

No provider of solid waste transportation shall collect and transport garbage or trash from residential or commercial customers within the city unless a written solid waste transportation agreement exists between the provider and the city.

15-603.      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 by agreement with the city to collect and dispose of refuse and garbage.

15-604.      Contracts for collection and disposal.

The city council 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 such contracts are made shall collect and dispose of all refuse within the city. The mayor is authorized to negotiate and enter into such contract with the approval of the council, and it shall not be necessary that bids be solicited or accepted for the provision of said service.

15-605.      Accumulation of refuse and garbage.

No person shall store, collect, accumulate or allow to blow about on public or private property refuse or garbage that is offensive or hazardous to the health and safety of the public, or hazardous from fire, or which creates offensive odors or a condition of unsightliness. All such refuse, garbage, papers, trash, ashes or other waste material shall be stored in containers as described in section 15-607.

15-606.      Recycling.

All residential customers of the city’s contracted trash service shall be assessed a fee for curbside recycling and said fee shall be billed as part of the monthly assessment for collection and disposal of refuse and garbage. Curbside recycling shall be negotiated by contract between the city and the provider. The fee for curbside recycling is mandatory but participation in recycling is voluntary. The city council by resolution may set rules and regulations concerning curbside recycling within the city.

15-607.      Storage of refuse, garbage and other solid wastes; container requirements generally.

(a)   No containers on public property. Except as provided for in section 15-610(e) allowing for placement of containers for pickup, no 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)   Covers. Any container to be placed for collection containing garbage, refuse or other solid waste, except those used in publicly owned recreational areas, shall have a tightly-fitting cover. Such cover shall be used at all times.

(c)   Containers at residential premises. The contractor who has an agreement with the city pursuant to section 15-604 for collection and disposal of refuse and garbage within the city shall provide an approved container (cart) for each residence. The resident must place all solid waste generated by the premises in the container for removal by the contractor. If the amount of refuse and garbage generated at the residence regularly requires an additional container, the resident must make arrangements with the city for extra service.

(d)   Containers; commercial and industrial.

(1)   The owner or occupant of commercial or industrial premises where a container is placed shall provide a clean, safe and sanitary area for the storage thereof.

(2)   Every collector who rents, owns or controls any container, bin or other equipment used for the storage of commercial or industrial solid waste shall:

(A)  Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the collector’s name or firm name, and telephone number, in a color contrasting to the background of the container;

(B)  At all times keep such containers and lids in good, clean and sanitary condition. Where containers are located in a city-owned trash enclosure area, the collector shall maintain such enclosure area in a clean and sanitary condition;

(C)  Provide suitable containers for all commercial property occupants.

(e)   Removal of large, bulky items. Each person responsible for property as described in this section shall be responsible for the removal of large, bulky items such as, but not limited to, furniture, large tree limbs, and appliances that cannot be reduced to fit approved containers. Special arrangement must be made with the city for the removal of such bulky items but in no event shall the same be allowed to remain uncollected longer than ten days. Any bulky waste item may be placed for collection at the collection site 24 hours prior to the arranged pickup.

(f)   Removal and disposal of manure and animal or poultry refuse. The removal and disposal of manure and animal or poultry refuse shall be in a manner and in containers approved by the sanitation officer and by making special arrangements as necessary with the authorized collector.

15-608.      Unauthorized setting out of containers.

No person occupying, using, or in charge of any premises shall set out or cause to be set out for collection any container which contains solid waste, refuse or garbage not originating on the premises.

15-609.      Unauthorized handling; tampering with containers prohibited.

(a)   No person unless expressly authorized by the owner or occupant of the 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.

(b)   No person shall throw a solid waste container from any vehicle to the ground, or in any other way break or damage or roughly handle containers.

(c)   No person other than the owner or occupant of the premises where a container is located, the collector who provides collection services, or the city shall tamper with, injure, destroy or remove any container or other equipment used for the storage of solid waste.

15-610.      Collection at residential premises; placement of containers; time of placement.

(a)   All garbage, refuse and solid wastes within the city shall be 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)   All containers and ground immediately around the containers shall be kept in a safe, sanitary condition at all times.

(c)   For single-family dwellings, each container shall be kept at the rear or side of the premises in a position where collection is not made, except on the time designated for collection. For multi-family dwellings, each container shall be kept as for single-family dwellings, except central collection containers may be kept at all times in an area in the front yard where collection is made, provided that the central collection containers are in an enclosed area that is fenced with a privacy fence of a height not less than the height of the container.

(d)   The containers shall be placed for collection on the curb, in front of the premises, or on the curb at the side of the premises where the premises are adjacent to more than one street, as close to the curb line or edge of roadway as practicable. When the premises are adjacent to an alley of sufficient width to allow easy passage of collection vehicles, the containers may be placed within two feet of the rear property line of the premises and must be readily accessible for collection from the alley. The contractor and homeowner may agree for collection to be made from another location on the premises.

(e)   No residential householder shall place or permit to be placed any solid waste container at the place of collection at the residential premises before 5:30 p.m. of the day preceding the scheduled collection. No container may be left at the place of collection after 8:00 p.m. on the day of collection or more than two hours after actual collection, whichever is later.

(f)   The contractor shall return all receptacles to the approximate location where found by the contractor and without any unnecessary noise or wear and tear or damage to the containers.

15-611.      Contractors’ refuse.

Nothing contained in this article shall be construed as prohibiting construction 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 from their operation.

15-612.      Alternate means of disposal.

The requirements of this article shall not prohibit any of the following:

(a)   Any resident handling, to a place of lawful disposal, an occasional load of solid waste generated on the resident’s premises;

(b)   Any person doing yard work or tree trimming hauling clippings or brush to a place of lawful disposal;

(c)   Any person engaged in lawful recycling.

15-613.      Provision for garbage collection service required.

(a)   Every person occupying or having control of any premises located within the city shall provide for the weekly collection, transportation and disposal of garbage, refuse and solid waste as provided in this article. Any person who fails to provide for such collection, transportation and disposal shall be guilty of a misdemeanor.

(b)   In the event that a person shall fail to comply with the provisions of subsection (a) of this section, the city, in addition to such other rights and remedies as may be allowed, may cause the accumulated garbage, refuse or solid waste to be collected, transported and disposed of by such method as the city sees fit. The owner of the real property shall be responsible for the cost of the collection and disposal.

(c)   The city may assume the responsibility for the collection of solid waste only after the city has determined that the terms of this chapter have been violated and the city clerk forwards a ten-day written notice to the owner that a violation has occurred. Notice shall be served upon the owner personally or by certified mail to his last known address.

(d)   The city shall not be responsible for any collection of bills incurred prior to the date the city authorizes collection.

(e)   The actual cost to the city of the removal of such solid waste shall be a lien against the real property of the owner. Such lien, including as a part thereof an allowance for costs, shall be assessed in the manner provided under K.S.A. 65-3410.

15-614.      Unauthorized use of containers and interference with collection personnel prohibited.

It is unlawful for any person to deposit solid waste in any container other than that owned or leased by him or under his control without the written consent of such owner or with the intent of avoiding payment of the refuse service charge, interfere in any manner with employees of the city or its contractor in the collection of solid waste, or dispose of solid waste in any manner not approved by this article.

15-615.      Entry on private property.

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

15-616.      Violation; penalty.

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not less than $25.00 or more than $100.00, or by imprisonment of not more than 30 days. Each day that any such violation continues shall be considered a separate offense.