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.

(Code 2004)

All residential solid waste accumulated within the city shall be collected, conveyed and disposed of by Waste Connections. All commercial solid waste accumulated within the city shall be collected, conveyed and disposed of by a solid waste contractor specifically authorized to collect and dispose of solid waste.

(Ord. 698, Sec. 1; Code 2004)

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.

(Code 2004)

The owner or occupant of every dwelling unit or commercial enterprise shall dispose of waste in the appropriate container provided by Waste Connections for residential customers and a suitable container provided by the commercial customer’s hauler of choice. 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.

(Ord. 698; Sec. 1; Code 2004)

Residential containers shall have a capacity of not less than 65 gallons nor more than 95 gallons as provided by Waste Connections.

(Ord. 698 Sec. 1; Code 2004)

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 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.

(Code 2004)

Solid waste collectors are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article.

(Code 2004)

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

(Code 2004)

All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.

(Code 2004)

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.

(Code 2004)

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)   Solid 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.

(Code 2004)

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 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 contractors in the collection of solid waste;

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

(Code 2004)

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 the manner consistent with this article.

(Code 2004)

(a)   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 Department of Health and Environment.

(Code 2004)

(b)   No person shall place, leave or dump any garbage, rubbish, trash or debris on any property, improved or vacant, not his or her own, without the direct and express permission of the property owner. Any health and sanitation ordinances shall continue to apply regardless of ownership of the property.

(Ord. 627, Sec. 1)

It shall be unlawful for any person to collect or transport any solid waste within the city, without securing permission from the city council.

(Ord. 698, Sec. 1; Code 2004)

Any person desiring to collect or transport solid waste within the city shall appear before the city council requesting approval.

Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition. Vehicle 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 tired in place to prevent scattering along the streets and alleys.

(Code 2004)

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 article 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.

(Code 2004)

The violation of any portion of this article shall be punished in accordance with the general provisions set out in section 1-106 of this code. Violation of 15-410 by residents living outside the City limits or commercial businesses will be fined up to $1,000 per occurrence with a mandatory court appearance. Each day the violation continues, including failure to abate unlawfully dumped solid waste, shall be considered a separate offense. In addition, the municipal court is hereby authorized, empowered and directed to abate or suppress any violation of this article and assess all costs of such abatement against the offender as costs of the proceedings.

(Ord. 627, Sec. 1; Ord. 698, Sec. 1)