WHEREAS, control and collection of solid waste within the City affects the public safety, health, and welfare of the City; and
WHEREAS, the City believes collection and disposal of solid waste from residential dwelling units within the City should be performed by a contractor specifically retained by the City for such purpose as such collection and disposal will enhance the safety, health, and welfare of City residents, and promote more uniformity in said collection and disposal; and
WHEREAS, Johnson County, Kansas has implemented mandatory recycling requirements that need to be incorporated into this Article
Section 1: Article 5 of Chapter VIII of the City Code is hereby amended to read as follows:
8-501. DEFINITIONS. Unless the context clearly indicates otherwise, the meaning of words and terms as used in this ordinance shall be as follows:
(a) Bulk Container. Any container used for garbage or refuse disposal with a capacity larger than ninety-five (95) gallons.
(b) Dwelling Unit. Any enclosure, building, trailer 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 two or more individual dwelling units;
(e) Recyclables. Any waste materials that are capable of being recycled and Johnson County, Kansas has mandated cities within Johnson County to provide for curb-side collection of the same;
(f) Refuse. All garbage and/or rubbish or trash;
(g) Rubbish or Trash. All non-putrescible 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;
(g) Solid Waste. All non-liquid garbage, rubbish or trash, and recyclables.
8-502. REQUIRED. All dwelling units within the city limits shall have solid waste trash service provided by the city or by a contractor retained by the city for such service except the following dwelling units shall be exempt from such requirement: (a) multi-family units that are served by a bulk container on the date that this Article 5 takes effect but such exemption shall only apply for as long as a bulk container is so used; or (b) a dwelling unit whose occupant owns a properly licensed business within the city which utilizes a bulk container and city staff has approved an exemption for the dwelling unit.
8-503. COLLECTION. All solid waste accumulated at a dwelling unit within the city shall be collected, conveyed and disposed of by the city or a contractor specifically retained and authorized by the city to collect and dispose of such solid waste.
8-504. CONTRACTS. The city shall have the right to enter into a contract with any responsible person or business for collection and disposal of solid waste from dwelling units within the city.
8-505. DUTY OF OWNER, OCCUPANT. The owner or occupant of every dwelling unit required to use the city’s trash service shall store solid waste in containers provided by the city’s contractor. No owner or occupant of dwelling units 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.
8-506. CONTAINERS. The city’s contractor shall provide to each dwelling unit within the city required to use the city’s trash service as set forth in section 8-502 containers for ordinarily accumulated solid waste at such dwelling unit during the intervals between collections made by the city’s contractor. Each numbered containers will be assigned to that dwelling unit and remain at that dwelling unit unless removed by the city or its contractor. Additional containers may be obtained from the city’s contractor at an additional cost to the dwelling unit. 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 collection 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 containers. Except for tree trimmings, yard waste, or bulky items such as furniture or appliances, it shall be unlawful for any garbage, refuse, or recyclables to be placed out for collection that is not contained within a container issued by the city’s contractor except that additional garbage and refuse may be placed for pickup in a plastic bag, not to exceed 35-gallons in capacity or 45 pounds in weight, with a sticker purchased through the city or directly from the city’s contractor. Up to 10 extra bags of garbage and refuse need not be stickered for the scheduled trash day immediately following Memorial Day and Christmas. Additional recyclables may be placed for pickup throughout the year in a cardboard box or plastic waste container that is clearly marked “Recycling”. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.
8-507. SAME; LOCATION. No person, firm or corporation shall place or store any solid waste, grass clippings, tree limbs, or solid waste containers at any place in front of the building setback line or existing building line in a residentially zoned area, except between the hours of 7:00 pm on the day before collection and 7:00 pm on the day of collection. All solid waste containers shall be placed at or near the street curb for collection, but shall not be placed in any street right-of-way.
8-508. BULK CONTAINERS. On premises where excessive amounts of refuse accumulates or where cans or bags are impractical, bulk containers for the storage of refuse may be used. Containers shall have a capacity greater than ninety-five (95) gallons 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, leak proof and weather proof construction.
8-509. SCREENING REQUIREMENT. All residential land uses containing multiple dwellings and all commercial and industrial land uses shall furnish enclosure 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 six feet in height and at least one foot higher than the height of the receptacle to be screened.
8-510. 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.
8-511. OWNERSHIP OF SOLID WASTE. Ownership of solid waste when placed for pickup or in containers by the occupants or owners of dwelling units 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.
8-512. WRAPPING GARBAGE. All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.
8-513. HEAVY, BULKY WASTE. 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. Yard waste will be collected on a once per week basis. All yard waste must be set out in either biodegradable paper or cornstarch based bags, in containers marked as Compost or Yard Waste, or in bundles tied with biodegradable twine or string that do not exceed four feet in length and 18 inches in diameter. The combined total for bags, containers, or bundles shall not exceed eight in number, and no bag, container, or bundle shall exceed 65 pounds. For the months of March, April, August, September, October, and November, the combined limit of bags, containers and bundles shall be enlarged to 12 per pickup. Each resident is allowed one individual bulky item (e.g. furniture or appliances) per week to be picked up at no additional charge, but such pickup must be scheduled with the city’s contractor three business days in advance of the pickup. Charges will apply to any additional bulky item pickups.
8-514. HAZARDOUS MATERIALS. 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.
8-515. PROHIBITED PRACTICES. It shall be unlawful for any person to:
(a) Deposit solid waste in any container other than that owned or leased by him or under his control, or provided by the city’s contractor, without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;
(b) Deposit solid waste on any private or public property that is not owned or leased by him or under his control;
(c) Interfere in any manner with employees of the city or its contractors in the collection of solid waste;
(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, over turn, remove or carry away any refuse container or lid thereto, or to injure such container in any manner.
8-516. OPEN BURNING UNLAWFUL. It shall be unlawful for any person, firm, corporation, or other entity, including their agents or employees, to burn, permit or cause to be burned any garbage or refuse or any other heavy smoke producing or combustible materials out of doors at any location within the city limits.
8-517. SAME; EXCEPTIONS. It shall be lawful to burn in an incinerator or other lawful burning receptacle, tree limbs of less than four feet in length and ten inches in circumference, grass clippings and leaves. All burning herein permitted shall occur no earlier than thirty minutes after sunrise and no more than thirty minutes before sunset. All fires permitted hereunder shall, at all times, be in the presence of an adult who shall undertake to supervise the same. All materials permitted to be burned herein shall not contain any material not otherwise permitted to be burned including, but not limited to, heavy smoke producing material or animal carcasses.
8-518. 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 a manner consistent with this ordinance.
8-519. PRIVATE COLLECTORS. It shall be unlawful for any private collector company, except a contractor under contract with the city, to collect or transport any solid waste from a dwelling unit (unless exempted by Section 8-502) within the city.
8-520. RULES AND REGULATIONS. The collection and transportation of trash and waste materials shall be at all times under the general supervision of the mayor or his or her duly authorized agent, who shall have the authority by and with the consent of the governing body to make additional rules and regulations not inconsistent with the terms and provisions of this ordinance requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the city, and providing for a proper fee to be charged to the customer.
8-521. CHARGES. The city shall establish by resolution and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste within the city. All owners or occupants of dwelling units within the city (unless exempted by Section 8-502) shall be required to pay for such trash service.
8-522. BILLING. 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.
8-523. SAME; DELINQUENT ACCOUNT. In the event the owner or occupant of any dwelling unit required to pay for city refuse service shall fail to pay the solid waste bills within sixty (60) days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bills to the county clerk as a lien upon the property, or may pursue such other collection efforts as permitted by law. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected. (K.S.A. 65-3410)
8-524. PENALTY. Any person, firm or corporation violating any of the provisions of this article, shall upon conviction thereof, be fined not more than $100 and each single and separate violation of this article shall be deemed a separate offense thus allowing a consequent new and separate fine of not more than $100 for each separate offense.
SECTION 2: Former Article 5 of Chapter VIII of the City Code, and any Ordinances inconsistent with the amended Article 5 (including Ordinance No. 846), are hereby repealed.
SECTION 3: This Ordinance shall be effective after its passage, approval and publication once in the City’s official paper.
_____Donald Roberts ______________________
___Janeice Rawles__________________
JANEICE RAWLES, Interim City Clerk
___Patrick G. Reavey_________________
PATRICK G. REAVEY, City Attorney