CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 4. SOLID WASTE

Unless the context clearly indicates otherwise, the meaning of 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 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 individual 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, 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, rubbish or trash.

(Ord. 862, Sec. 2; Ord. 2198, Sec. 1;Code 2009)

All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized by the City to collect and dispose of solid waste.

(Ord. 862, Sec. 3;Ord. 2198, Sec. 1;Code 2009)

The owner or occupant of every commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leakproof and weather proof construction.

(Ord. 862, Sec. 1;Ord. 2198, Sec. 1; Code 2009)

The City’s contractor shall provide to the owner or tenant residing in any single family residence and duplex or four-plex multiple family residence within the City of De Soto, Kansas, a garbage and refuse container for ordinarily accumulated refuse at such residence during the intervals between collections made by the City’s contractor. Each numbered container will be assigned to that residence and remain at that residence unless removed by the City or its contractor. Additional containers may be obtained from the City’s contractor at an additional cost to the residence. All garbage shall be drained of all liquids before being placed in containers. The containers shall be placed along the appropriate street or alley for the collection of refuse at the time appointed for collection, and such containers shall be placed away from any obstacles, such as vehicles, mailboxes, etc., that interfere with the pickup of the container. Except for tree trimmings, yard waste, or bulky items such as furniture or appliances, it shall be unlawful for any garbage or refuse to be placed out for collection that is not contained within a container issued by the City’s contractor or accompanied by a special tag that can be purchased from the contractor or City Hall. Any garbage or refuse accompanied by a special tag will only be picked up if placed in a bag that is sized 33 gallons or less. Notwithstanding the foregoing, during the week of December 26th through the 31st of each year, residents may place up to 10 extra bags of refuse or garbage for pickup as part of the regular refuse collection.

(Ord. 2198, Sec. 1; Code 2009)

The owner or occupant of premises will be responsible for clean-up of refuse scattered or spilled by animals, wind or other causes before arrival of the collection crew. Customers using containers designed for mechanical dumping whose refuse is of a type susceptible to easy dispersal by the wind when the container is being dumped, or who permit the container to be overfilled, will be responsible for clean-up of any litter caused by wind scattering or by refuse falling from the container during the dumping operation.

(Ord. 2198, Sec. 1; Code 2009)

All residential land uses containing multiple dwellings and all commercial and industrial land uses shall furnish enclosures and screening methods as provided in this section. Trash receptacles shall be screened from public view on at least three sides with a solid fence enclosure constructed of cedar, redwood, masonry or other compatible building material and shall be made accessible for collecting trash. The fence required by this section shall be at least four feet in height and at least one foot higher than the height of the receptacle to be screened.

(Ord. 810, Sec. 2;Ord. 2198, Sec. 1;Code 2009)

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. 2198, Sec. 1; Code 2009)

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, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.

(Ord. 2198, Sec. 1; Code 2009)

All garbage shall be drained of all excess liquids before being placed in containers.

(Ord. 862, Sec. 3;Ord. 2198, Sec. 1; Code 2009)

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same. Tree trimming shall be collected if they are securely tied in bundles five feet or less in length and not exceeding 75 pounds. Yard waste, such as leaves or grass trimmings, will only be collected if they are placed in disposable, biodegradable paper bags.

(Ord. 862; Ord. 2198, Sec. 1; Code 2009)

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

(a)   Explosive materials;

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

(c)   Chemicals;

(d)   Poisons;

(e)   Radio-active materials;

(f)   Highly combustible materials;

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

(h)   Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

(Ord. 2198, Sec. 1; Code 2009)

It shall be unlawful for any person to:

(a)   Without an exemption provided for by Section 15-420, to deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the 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 contractors in the collection of solid waste;

(c)   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;

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

(e)   Remove the contents of any refuse container or portion thereof;

(f)   To upset, turn over, remove or carry away any refuse container or lid thereto, or to damage such container in any manner.

(Ord. 862, Sec. 7;Ord. 2198, Sec. 1; Code 2009)

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 a manner consistent with this article.

(Ord. 2198, Sec. 1; Code 2009)

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 Kansas State Department of Health and Environment.

(Ord. 378, Sec. 1;Ord. 2198, Sec. 1; Code 2009)

It shall be unlawful for any person, except an employee or agent under contract with the city and specifically authorized for that purpose, to collect or transport any solid waste within the city. The city shall have the exclusive right to collect and dispose of refuse within the city limits and no other person shall collect and dispose of refuse within the city unless authorized by license or other formal agreement with the city. The city or its authorized contractors shall establish, maintain and conduct a service for the collection and disposal of refuse and shall purchase such equipment and engage such employees as may be needed, and shall pay such prices, salaries and wages as the governing body may authorize for efficient operation of such service.

       The collection, transportation and disposal of refuse shall be at all times under the general supervision of the City Administrator, or his or her duly authorized agent who shall have the authority to make additional rules and regulations not inconsistent with the terms and provisions of this Article, to the end that the collection, transportation, accumulation, storage and disposal of refuse be conducted in such a manner as to safeguard the public health, and not become an annoyance or hazard to the inhabitants of the city or surrounding territory.

Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition. Vehicles shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys.

(Ord. 2198, Sec. 1; Code 2009)

The fees for refuse collection within the city shall be set by the city through the city’s Fee Resolution.

(Ord. 2198, Sec. 1; Code 2009)

Solid waste charges shall be billed monthly and shall be included on water or utility bills. No payment shall be accepted on utility bills except for the full amount billed for all services. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as water bills.

(Ord. 862, Sec. 5;Ord. 2198, Sec. 1; Code 2009)

The revenue obtained and collected by the provisions of this article shall be deposited in what shall hereinafter be known and designated as refuse collection fund, and shall be subject to an annual audit as now required by the laws of the State of Kansas, and the fund shall be used for the following purposes:

(a)   Salaries and wages of employees of this department, to be fixed by separate ordinance and/or the cost of private contractor to furnish such service.

(b)   Cost of operation of equipment and purchase or lease of new or additional equipment, including the cost of property damage and public utility insurance, if equipment is owned and operated by the city.

(c)   Special clothing and/or uniforms required in the performance of the duties of this department, if equipment is owned and operated by the city.

(d)   Cost for disposing of refuse at the designated dumping ground.

(e)   To defray the additional cost of administration of the city for the rating, re-rating, charging, posting and collection of the fees as herein provided, together with the necessary supplies therefor.

(f)   In the event sufficient funds are available, the governing body of the city may use such funds as are available to defray the cost of spraying any public or private property within the corporate limits of the city, and such other expenses as are classified as public sanitation for the general welfare, health and sanitation the inhabitants of the city.

(Ord. 862, Sec. 6; Ord. 925; Ord. 1002; Ord. 1046; Ord. 2198, Sec. 1; Code 2009)

Upon application and within the sole discretion of the city governing body, the city may exempt a resident of the city from the mandatory container requirement and payment of the monthly residential refuse fee if said resident holds at least a 50% ownership interest in a business located within the city and, with approval of said business, the resident deposits their residential refuse in the business’ trash receptacle that is collected by the city’s contractor. The exemption provided for herein may be withdrawn at any time upon a majority vote of the governing body.

 

(Ord. 862, Sec. 6;Ord. 2198, Sec. 1; Code 2009)