CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 2. SOLID WASTE

For the purpose of this article the following words and phrases shall mean:

(a)   Contractor - shall mean a person with whom the city has a contract to collect and dispose of refuse and garbage.

(b)   Person - shall mean any individual, firm, association, syndicate, copartnership, corporation, trust, other legal entity having proprietary interest in a premises, or other legal entity having responsibility for an act.

(c)   Garbage - shall mean the solid or semi-solid animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods including cans, bottles and cartons in which it was received and wrapping in which it may be placed for disposal.

(d)   Refuse - shall mean all solid waste from residential, commercial or industrial premises. It shall include semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing. It shall not include, except for minor amounts incidental to other wastes, any refuse resulting from building excavation, demolition, or remodeling work, or any construction work, nor shall it include stumps, tree trunks, tree trimmings, and limbs resulting from operations of professional tree trimmers, or the tree trimmings resulting from the cutting down, or the topping of any tree, regardless of who performs the work, nor shall it include refuse resulting from tornado, cyclone, extreme wind storms, ice storms, flood or other act of God, or the burning of any building.

(e)   Standard Containers - shall mean plastic or galvanized metal containers, water tight with tight setting covers approximately 32 gallons or less in capacity with cover, handle and side bails or plastic bags, tied or sealed, or as otherwise approved by the city.

(Ord. 409, Sec. 1)

All refuse and garbage accumulated within the city shall be collected, conveyed and disposed of by the city or by the employees of the city or by contractors specifically authorized to collect and dispose of refuse and garbage or by persons collecting and disposing of their own refuse and garbage.

(Ord. 409, Sec. 2)

The governing body shall have the right to enter into a contract with any responsible person(s)  providing that the contractor(s) shall collect and dispose of all refuse within the city, the terms of the contract to be arranged and determined by the governing body and the contract to be awarded to a responsible person{s) after proper negotiation, provided that the contract for the collection and disposal of refuse as herein defined shall not conflict with the terms and conditions of this article. 

(Ord. 409, Sec. 3)

It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing, or renting any premises or any place where garbage or refuse accumulates, to provide, and at all times to maintain in good order and repair, on any premises a portable container or containers for refuse storage of sufficient capacity and of sufficient numbers to accommodate and securely hold all of the garbage and refuse that may accumulate between regular scheduled collection.

(a)   All refuse and garbage shall be placed in standard containers; except, it shall not be necessary to place books, boxes, magazines, or newspapers in containers provided they are securely tied in bundles or completely contained in disposable boxes not larger than 24 x 24 x 36 inches also, tree limbs and brush may be securely tied in bundles not larger than 48 inches long and 18 inches in diameter.

(b)   Baskets, boxes, and noncomplying refuse or garbage cans or containers shall be considered disposal refuse and shall be removed by the contractor if they are the proper size and otherwise acceptable for collection or shall be left uncollected if they are larger than the allowable size or unacceptable for collection.

(c)   Large bulky items such as furniture, large tree limbs and appliances that cannot be reduced to fit approved containers will not be collected.

(Ord. 409, Sec. 4)

(a)   Within the corporate limits of the city all garbage or refuse, consisting of waste animal and vegetable matter, which may attract flies, dogs, or rodents, shall be drained of all excess liquid, wrapped in paper or disposal containers, and placed or stored until collected, in covered standard containers.

(b)   No person shall permit to accumulate on any premises, improved or vacant, or on any public place in the city, such quantities of garbage or refuse, either in containers or not, that shall, in the opinion of the sanitation officer, constitute a health or sanitation hazard.

(c)   No person shall permit to accumulate quantities of refuse, papers, trash, ashes, or other waste materials, within or close to any building in the city, unless the same is stored in containers in such a manner as not to create a health or fire hazard.

(d)   No person shall bury refuse at any place within the city or keep, place, or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied, or under possession and control of such person, provided, however, that lawn and garden trimmings may be composted.

(e)   No person shall create, cause, or add to any refuse accumulation not placed for regular or special haul, or to cause unwholesome odors, or to cause the attraction or collection of insects or rodents, or burn any garbage, leather, rubber, plastic; green or wet vegetation or organic material, or burn any other substance producing smoke problems within the city unless the operations are carried out in an approved type incinerator.

(f)   No person shall haul or cause to be hauled any garbage, refuse, or other waste material of any kind, to any dumping place or site or area, within or without the corporate limits of the city, unless such place, or site is operated by the contractor or is a sanitary landfill site approved by the Kansas State Department of Health; in addition to complying with all applicable health laws of the city.

(g)   No person shall deposit in a garbage or refuse container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous materials shall be transported by the owner, responsible person or his or her agent, to a place of safe deposit or disposal as prescribed by the sanitation officer or his or her authorized representative. Hazardous material shall include: Explosive materials; rags or other waste soaked in volatile and inflammable materials; drugs; poisons; radioactive  materials,  highly  combustible  materials;  and/or  other  wastes,  contaminated by infection or contagious disease, and other materials which may present a special hazard to collection or disposal personnel or equipment or to the public.

(Ord. 409, Secs. 5:11)

(a)   The city or its authorized contractor shall collect from the residential areas of the city not less than weekly and from the designated business routes and all food establishments of the city, not less than weekly; provided, that it shall be the duty of any person in possession or control of any premises to place the standard containers on curbside whereby collectors can obtain the same without going into buildings, garbage, locked gates or fenced yards.

(b)   Curbside as herein used shall mean:

(1)   The area immediately adjacent to any curb, where there are curbs;

(2)   At the front property line where there are no curbs; and

(3)   In areas where there is no space between the sidewalk and the improvements then in the alley or at another place designated by the city clerk and other garbage and refuse in certain categories shall be handled as follows:

(A)  Heavy accumulations such as brush, broken concrete, ashes, 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 under the direction of the sanitation officer.

(B)  Manure from cow lots, horse stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations or materials considered hazardous and/or dangerous, shall be removed and disposed of at the expense of the person controlling same in the manner and by the method directed by the sanitation officer.

(Ord. 409, Sec. 12)

No person shall collect or haul over the city streets any garbage or refuse unless such person shall have a contract with the city. This section shall not apply to departments of the city government. Nothing in this section shall be construed to prevent a person from hauling or disposing of his or her own refuse accumulated at his or her residence or business establishment, in such a manner as not to endanger the public health or safety, not to create a nuisance to the inhabitants of the city and not to litter the streets and alleys of the city.

(Ord. 409; Sec. 13)

(a)   The contractor or any person authorized by him or her, his or her agents and employees shall have the right to remove or haul garbage or refuse, and shall not be a prohibited person as provided in Section 15-207.

(b)   Nothing  contained  in  this  article  shall  be  construed  as  prohibiting construction  contractors,  tree  surgeons,  roofers and other  private  contractors, whose operations result in the accumulations of refuse, from hauling and disposing of accumulations of trash and rubbish resulting from their own operations, provided they shall at all times comply with the regulations and provisions of this article.

(Ord. 409, Sec. 14)

To assist in maintaining the general sanitation of the city, it shall be the duty of every person occupying or having control of the occupancy of any premises located on a regularly established garbage and refuse route to notify the city clerk at the beginning of such occupancy and request, accept and use the garbage and refuse pickup and collection service; provided, however, the failure of any owner, rental agent or occupant of such premises to make such request shall not prevent nor in any way impair or impede the city from adding the address of such premises to the proper garbage and refuse collection route records and providing such service and otherwise enforcing by appropriate action the regulatory measures herein prescribed and causing the fees or charges therefore to be paid.

(Ord. 409, Sec. 16)

The City of Douglass, in providing the service of collecting and disposing of all refuse accumulated with the City for the purpose of preventing unsanitary, unsightly, hazardous, unhealthy and dangerous conditions caused by the accumulation of garbage and refuse, shall establish and collect a service charge or fee to defray the cost and maintenance of service and to pay any person contracting for the collection and disposal thereof.

(a)   There shall be charged, assessed and collected from each residential unit within the City and where service is available outside the City, the fee associated with the level of service listed below:

Curbside service:

(1)   Residential Trash Service with owner owned cart or no cart and 95 gal. RecycleBank cart:  $15.55

(2)   Residential Trash Service with WCI 65-gal trash cart and 95 gal. RecycleBank cart: $15.55 + $2.00 Cart Rental Fee

(3)   Residential Trash Service with WCI 95 gal trash cart and 95 gal RecycleBank cart:  $17.85 + $2.00 Cart Rental Fee

(4)   Commercial Recycle Service* – 95 gal. cart:  $10.25/month

       (*not eligible for the RecycleBank rewards program)

(b)   In case of multiple or group units, there shall be a minimum charge assessed against each unit. 

(c)   There shall be charged, assessed and collected from each commercial, institutional and other establishment, including but not limited to motels, restaurants, boarding houses, office buildings, stores, etc., minimum charges appropriate for the number of weekly pickups and size of trash container associated with said business. 

(d)   The City Clerk shall be authorized to, upon a pattern of use by any person, established under subparagraph (c) aforesaid, fix a standard monthly rate, depending upon the pounds of refuse and garbage to be picked up and the frequency of pickup.  Provided, however, that the rate shall be changed from time to time depending upon the history of frequency of use, and in the event that such pickup from said person shall vary from season to season, then the City Clerk shall be authorized to make seasonal adjustments.

(Ord. 729; Code 2007; Ord. 785; Ord. 815; Ord. 828; Ord. 837; Ord. 853; Code 2017)