The following terms used in this Article shall have the meanings ascribed to them in this section.

(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 two individual dwelling units, and rooming houses having three or more persons in addition to the family of the owner or operator.

(e)   Residential--any structure containing two or less individual dwelling units, and mobile homes.

(f)   Rubbish or Trash--all non-putrescible material such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, tree branches, limbs, tree trunks and tree stumps, boxes and barrels, wood and excelsior, street sweepings and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or waste from industrial processes or manufacturing operations.

(g)   Solid Waste--all non-liquid garbage or rubbish and trash.

(h)   Yard Waste—ashes, lawn and tree trimmings, tree branches, limbs, tree trucks and stumps, vegetable and flower garden waste, boxes, barrels, wood, excelsior, street sweeping and mineral refuse.

(Ord. 1069; Ord. 1186; Code 2015)

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his own expense a suitable container for the storage of solid waste as provided in this article.

(Ord. 1069; Ord. 1186; Code 2015)

Residential containers shall not have a capacity of more than thirty (30) gallons. They shall be of galvanized iron or steel, or other non-rusting material of substantial construction. Each container shall have handles of suitable construction to permit lifting. Each container shall have a tight fitting lid and shall be leak proof and fly tight, 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. All garbage shall be drained of all liquids before being placed in containers.

(Ord. 1069; Ord. 1186; Code 2015)

Containers for commercial waste shall be of such size and construction as shall be determined by the contractor obligated to collect such waste.

(Ord. 1069; Ord. 1186; Code 2015)

Books, magazines and newspapers may be securely tied in bundles or placed in disposable containers in lieu of placing them in approved containers, provided, that such bundles or containers and their contents do not exceed a weight of fifty pounds, and provided, further, that no waste of any type shall be placed in a cardboard container. All empty cardboard boxes shall be flattened.

(Ord. 1069; Ord. 1186; Code 2015)

Waste material placed in containers by occupants or owners of the premises shall become the property of and be subject to the exclusive control of the city, it agents or contractors, and no person shall interfere with or in any way pilfer or scatter the contents.

(Ord. 1069; Ord. 1186; Code 2015)

Solid waste placed in an improper container shall not be collected. Rocks, dirt, sod, concrete, yard waste or building materials are not considered normal household waste and will not be collected.

(Ord. 1069; Ord. 1186; Code 2015)

All solid waste containers shall be stored on private property, unless the owner shall have been granted permission from the city to use public property for such purpose, and the pickup shall be at street curbside.

(Ord. 1069; Ord. 1186; Code 2015)

The city shall provide for the collection of all solid waste in the city, and may provide such services by contracting with a person, corporation, another city or Clay County, or combination thereof, for the entire city, or any portion thereof, as may be deemed in the best interests of the city. This collection shall not include any yard waste, as the disposal of yard waste shall be the responsibility of the owner or occupant and disposal shall be at a site and in a manner as authorized by state and local regulation. In addition, tires and batteries shall be disposed of by their owners in those manners as required by law.

(Ord. 1069; Ord. 1186; Code 2015)

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 ordinance.

(Ord. 1069; Ord. 1186; Code 2015)

Solid waste in residential areas shall be collected not less than once each week. All commercial solid waste shall be collected at intervals as may be fixed by contract and to meet state and local regulations.

(Ord. 1069; Ord. 1186; Code 2015)

All vehicles used for the collection and transportation of solid waste shall be maintained in a safe, clean, sanitary condition, and shall be operated in such a manner as to prevent spillage from said equipment..

(Ord. 1069; Ord. 1186; Code 2015)

The disposal of all solid waste shall be at a site approved by Clay County, Kansas, and holding a valid permit from the State of Kansas.

(Ord. 1069; Ord. 1186; Code 2015)

Yard waste, rocks, dirt, building materials, concrete, etc. shall be disposed of only at sites and in manners approved by state and local authorities, and according to their regulations.

(Ord. 1069; Ord. 1186; Code 2015)

(a)   No person, Firm or corporation shall place, or allow to remain on any lot any garbage or rubbish container closer to the street right-of-way than the closest (to the street right of way) vertical roof-supporting member of the main structure on said lot; provided, however, any person who has curbside collection service may place his/her garbage rubbish container at curbside (or streetside if there is no curb) for collection purposes only, but not earlier than 1600 hours of the day preceding his/her collection day, and said container must be removed from the curbside (or streetside if there is no curb), no later than 0700 hours of the day after scheduled for collection

(b)   Violations of this section shall be a Class B nonperson misdemeanor and shall be punishable by a fine of not less than $25- first offense; $50- second offense; $100- third offense and after.

(Ord. 1069; Ord. 1186; Code 2015; Ord. 1341)

No person, firm, or corporation shall engage in the business of collecting, transporting, processing or disposing of solid waste within the 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 entity holding the permit. No permit shall be issued until and unless the applicant therefor, in addition to all other requirements which may be determined, shall file and maintain with the city evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in such business, in an amount of not less than One Hundred Thousand Dollars ($100, 000) for the injury or death to any person, Three Hundred Thousand Dollars ($300, 000) in the event of injury or death of two or more persons in any single accident and the amount of not less than Fifty Thousand Dollars ($50,000) for damage to property. Should such policy be cancelled, the city shall be notified of such cancellation by the insurance carrier in writing not less than 15 days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated into such policy. The permit shall be issued for a period of one year, and no permit fee shall be required.

(Ord. 1069; Ord. 1186; Code 2015)

If the city should, at some time in the future, provide its employees and equipment for the collection of solid waste, then adequate charges will be determined and collected. As of the effective date of this ordinance, the city intends to provide for the collection by entering into a contract with a party holding a valid collection permit, allowing for the collection of both residential and commercial solid waste. The party awarded this contract shall have the exclusive right of collection in the city, Charges for residential collection shall be negotiated by the city and stated in the contract. The city shall collect these charges along with utility service collection, and remit the collected charges to the collector. Commercial charges shall be determined by the private contractor and the individual business, and the private contractor shall be responsible for the collection of commercial charges.

(Ord. 1112; Ord. 1186; Code 2015)

A request for water service shall automatically constitute a request for solid waste collection by the private contractor. A termination of water service shall automatically terminate collection 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.

(Ord. 1069; Ord. 1186; Code 2015)

Bills for solid waste collection service shall be rendered monthly at the same time as bills for water service are rendered. Such bills shall be collected as a combined bill for waste collection, sewage and water service and no payment shall be accepted by the City except for the full amount billed for all services. Delinquent bills and accounts shall carry due dates, grace periods and penalties as provided by the ordinances relating to the collection of water service billings.

(Ord. 1069; Ord. 1186; Code 2015)

The service charges provided for in this ordinance shall be uniformly charged on the basis of a full month irrespective of the fact that service may be for less than a full month. 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 for the period of one month. Should the owner fail to advise the city at the time the unit again becomes occupied, he shall immediately become liable for all charges waived.

(Ord. 1069; Ord. 1186; Code 2015)

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 under his control, without written consent of such owner and/or with the intent of avoiding payment of the collection service charge.

(b)   Interfere in any manner with the employees of the city or other private contractors in the collection of solid waste.

(c)   Burn solid wastes at any time unless a written permit has been issued from the city fire chief, and under such conditions as may be determined by the fire chief in such permit. The periodic burning of yards and lawns shall be permitted only by permit from the fire chief and under such conditions and at such times as shall be determined by the fire chief.

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

(Ord. 1069; Ord. 1186; Code 2015)

The Governing Body may from time to time formulate additional rules and regulations necessary to carry out the provisions of this ordinance, pursuant to and consistent with the adopted, approved and operating Solid Waste Plan in effect for Clay County, Kansas.

(Ord. 1069; Ord. 1186; Code 2015)