In addition to the words, terms and phrases elsewhere defined in this Article unless the context clearly indicate otherwise, the meaning of words and terms as used in this Article shall have the following meanings:
(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) Residential Dwelling Unit. A singular unit providing independent living facilities for one or more person in a single-family, two family or three family residential property, located within the corporate limits of the City of South Hutchinson, Kansas.
(c) Multi-Family Unit. Any structure containing more than four individual dwelling units.
(d) 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.
(e) Refuse. All garbage and/or rubbish or trash.
(f) Rubbish or Trash. All nonrecyclable materials such as, crockery, rags, ashes, lawn and grass 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 or rubbish and trash.
(h) Contract Recycling Program Hauler. Any individual, firm, partnership, corporation, or company under contract with the City of South Hutchinson, Kansas to provide curbside recycling.
(i) Curbside Recycling. The bi-weekly collection, by the contract recycling program hauler, of recyclable materials, contained loose in the provided poly karts marked for recycling at the public street curb of each residential dwelling unit or, for those residential dwelling units where there is no public street curb, as close to the public street as is reasonable and safe.
(j) Recyclable Materials. Newspaper, phone books, junk mail, glossy paper including magazines and catalogs, white and pastel colored office paper, tin and aluminum cans, # 1 to #7 plastics, glass, cardboard and brown paper sacks.
(k) Recyclable & Solid Waste Utility. The utility created by Article 4 of Chapter XV of the Code of the City of South Hutchinson, Kansas to administer the curbside recycling and solid waste system set forth in this article.
(Ord. 10-784)
All solid waste accumulated within the City shall be collected, conveyed and disposed of by the City or by contractors specifically authorized to collect and dispose of solid waste. The City shall have the right to enter into contract or contracts with any responsible person or entity for collection and disposal of solid waste.
(Ord. 10-784)
(a) The city of South Hutchinson, Kansas hereby established a residential recyclable waste utility and curbside waste utility system. The curbside recycling system, which provides for the collection and recycling of recyclable materials will benefit and are designed to provide services to all residential dwelling units with in the corporate limits of the City of South Hutchinson, Kansas.
(b) The collection and recycling of recyclable materials shall be provided by the City or by a contract recycling program hauler pursuant to a written contract with the City.
(c) A recyclable and waste fee is hereby established, the amount of which shall be established by resolution of the governing body of the City of South Hutchinson, Kansas. Said recyclable and waste fee shall be imposed on each and every residential dwelling unit located within the City. Billing by the City for such fee shall be monthly in advance of the month for which such service is provided. Such fee may be amended from time to time by resolution of the governing body of the City.
(d) The recyclable and waste fee shall be billed and collected monthly with the monthly sewer and water utility bill. The recyclable waste fee shall be part of a consolidated statement for utility customers which shall be paid to the City by a single payment. In the even that a partial payment is received, the payment shall be applied to the sewer and storm water utility portion of the account first and then to the recyclable and waste fee portion of the account. Unless otherwise provided herein, all bills for recyclable waste fees shall become due and payable in accordance with rules and regulations that pertain to sewer utility bills. Recyclable waste fee bills for any given property shall be the responsibility of the property owner.
(e) Recyclable and waste fees shall be subject to a penalty for late payment which is the same as that imposed for late payment of sewer utility charges. In addition to any other remedies or penalties provided by this or any other ordinance of the City, recyclable and waste fees authorized to be charged in this article when delinquent may be certified by the City Clerk of South Hutchinson, Kansas to the County Clerk of Reno County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall thereafter, constitute a lien upon the real estate against which such charges were made, regardless of whether the recyclable waste fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property.
(f) Recyclable waste fees collected by the City shall be paid into an enterprise fund which is created, to be known as the “recyclable waste utility fund”. Such fund shall be used for the purpose of paying contractual debts incurred by the City of South Hutchinson, Kansas pursuant to this article and all other operating expenses of the utility.
(Ord. 10-784)
The owner or occupant of every dwelling unit or commercial enterprise shall provide at his 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.
(Code 1984)
Residential containers shall have a capacity of not more than 20 gallons. They shall be of galvanized metal other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be lead-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.
(Code 1984)
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, leakproof and weather proof construction.
(Code 1984)
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.
(Code 1984)
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 anyway pilfer or scatter contents thereof in any alley or street within the city.
(Code 1984)
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 1984)
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 of person controlling same.
(Code 1984)
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.
(Code 1984)
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 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.
(Code 1984)
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.
(Code 1984)
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.
(Code 1984)
It shall be unlawful for any person, except an employee of the city specifically authorized for that purpose, to collect or transport any solid waste within the city, without securing a permit. Nothing herein shall be construed to prevent a person hauling or disposing of his own solid waste proving it is done in such manner as not to endanger the public health or safety or not to become an annoyance to the inhabitants of the city, and not to litter the streets and alleys of the city.
(Ord. 125, Sec. 2)
Any person desiring to collect or transport solid waste within the city shall make application for a permit to the city clerk. The application shall set forth the name and address of the applicant, the make and type of vehicle to be operated for collecting and transporting solid waste. The application shall be accompanied by a certificate of inspection and approval of said vehicle by the county health officer issued not more than 15 days prior to the date of application.
(Ord. 125, Sec. 3)
No permit shall be issued unless the applicant shall pay to the city clerk the sum of $10 per annum for each vehicle used in the collection and transportation of solid waste. The permit shall be effective only for the calendar year and shall expire on December 31 of the calendar year in which said permit is issued.
(Ord. 125, Sec. 4)
The city clerk shall issue a permit receipt together with a number, which shall be painted on each vehicle. Said number shall be conspicuously placed upon the vehicle in a place and position to be clearly visible and in a condition to be clearly legible. Said number shall be used only on the vehicle for which it is issued.
(Ord. 125, Sec. 4)
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 tied in place to prevent scattering along the streets and alleys.
(Ord. 125, Sec. 5; Ord. 87-498, Secs. 1:2)
It shall be unlawful to transport burning materials through, over and across the streets and alleys of the City of South Hutchinson, Kansas, or dispose of the same in the sanitary landfill.
(Ord. 125, Sec. 6)
The collection and transportation of trash and waste materials shall be at all times under the general supervision of the designees of the governing body or his duly authorized agent, who shall have the authority by and with the consent of the council to make additional rules and regulations not inconsistent with the terms and provision 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. Further, such designee shall with the consent of the City Council:
(a) Administer and oversee the operation of curbside systems;
(b) Negotiate contracts with a contract program hauler to operate the curbside systems pursuant to this article;
(c) Administer and enforce this article and all contracts, regulations and procedures adopted relating to the operation of a curbside system;
(d) Advise the City Council on matters relating to the curbside system;
(e) Make recommendations to the City Council concerning establishing ordinances and regulations concerning waste management requirements;
(f) Analyze the cost of services and benefits provided by the curbside systems and the fees and other revenues of the recyclable waste utility annually.
(Ord. 10-784)
Any person who shall conduct or operate within the city limits any vehicle for the purpose of collecting and transporting solid waste without first obtaining a permit as required by this article or who shall violate the terms and provisions of this article shall be deemed guilty of a violation of this code and upon conviction thereof shall be punished as provided in section 1-116.
(Ord. 125, Sec. 8)
The City may establish and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste and recyclables within the City.
(Ord. 10-784)