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) 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;
(c) Multi-Family Unit. - Any structure containing more than six individual dwelling units;
(d) Refuse. - All garbage and/or rubbish or trash;
(e) Residential dwelling Unit. - Any enclosures, building or portion thereof occupied by one or more persons for and as living quarters.
(f) Rubbish or Trash. - All non-putrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, tree branches, tree trunks and 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 wastes from industrial processes or manufacturing operations;
(g) Solid Waste. - All non-liquid garbage or rubbish and trash.
(Ord. 720, Sec. 1)
The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense suitable containers 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.
(Ord. 720, Sec. 2)
Refuse material when placed in containers by the occupants or owners of the premises upon which the same are located shall be subject to the exclusive control of the city, its agent or contractor and no person shall tamper with refuse containers or in any way pilfer or scatter contents thereof.
(Ord. 720, Sec. 6)
No person shall engage in the business, for hire, of collecting or transporting solid waste within the corporate limits of the city without first obtaining a permit from the city. A permit issued to a person shall cover all employees of the person.
(Ord. 720, Sec. 16)
Each applicant fora permit shall file an application on forms to be approved by the governing body. Such application shall show (a) the number of vehicles to be operated, (b) the make, model and identification number of each vehicle, (c) the average number of customers served on a monthly basis, (d) boundaries of the collection area and (e) such other information as the governing body may require.
(Ord. 720, Sec. 17)
All permits issued as provided in this article are nontransferable. Provided, however, that one vehicle may be substituted or another by filing the description and identification number with the city clerk. And, provided further, that additional vehicles may be added by filing a proper application, insurance and permit fee.
(Ord 720, Sec. 18)
The following fees shall be paid in advance by the applicant for a license to collect or remove trash within the city:
For a gross weight of not to exceed 10,000 lbs. - $25.00;
For a gross weight of 10,000 lbs. or more - $50.00;
For 1 to 100 customers, additional - $5.00;
For 100 to 500 customers, additional - $10.00;
For 500 customers or more, additional - $15.00.
(Ord. 720, Sec. 19; Code 2023)
No permit shall be issued to any person as provided in section 15-404 until the applicant shall have field a certificate of insurance written by a company licensed to do business in Kansas providing public liability insurance covering all operations and all vehicles operated by applicant. Such policy shall provide not less than $100,000 for any injury to or death of any one person and $300,000 for the injury or death of any number of persons in any one accident and with a property coverage of not less than $50,000 for any one accident. Such policy may be written to allow the first $500.00 of property damage to be deductible. The certificate of insurance shall provide that it cannot be canceled until 10 days after written notice of such cancellation has been filed with the city clerk.
(Ord. 720, Sec. 20)
All permits issued under this article shall expire on June 30. A permit may be renewed for a period of one year upon payment of the annual license fee.
(Ord. 720, Sec. 21; Code 2023)
All vehicles operating under a permit issued under this article shall display the permit number on each side of the vehicle in a color which contrasts to the color of the vehicle. Such numbers shall be clearly legible and shall be not less than three inches in height.
(Ord. 720, Sec. 22)
A permit issued under this article may be revoked by the governing body for the violations of any terms of this article or regulations adopted by the governing body. Provided, however, that no permit shall be revoked until the holder of such permit has been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this article or regulations issued by the governing body.
(Ord. 720, Sec. 23)
It shall be unlawful for any person to:
(a) Deposit solid waste in any container other than that owned or leased by him or her or under his or her control without written consent of such owner and/or with the intent of avoiding payment of a refuse service charge.
(b) Interfere in any manner with employees of the private licensees in the collection of solid waste.
(c) Burn solid waste.
(d) Dispose of solid waste in an unapproved site.
(Ord. 720, Sec. 29)
Any person violation any of the provisions of this article shall be guilty of a misdemeanor and shall be fined in any sum of not more than $100 for each separate offense. Provided, that each day’s violation shall be a separate offense.
(Ord. 720, Sec. 31)
It shall be unlawful for any person to:
(a) Deposit solid waste in any container other than that owned or leased by him or her or under his or her control without written consent of such owner and/or with the intent of avoiding payment of a refuse service charge.
(b) Interfere in any manner with employees of the private licensees in the collection of solid waste.
(c) Burn solid waste.
(d) Dispose of solid waste in an unapproved site.
(Ord. 720, Sec. 29)
Any person violation any of the provisions of this article shall be guilty of a misdemeanor and shall be fined in any sum of not more than $100 for each separate offense. Provided, that each day’s violation shall be a separate offense.
(Ord. 720, Sec. 31)