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 2008)

All solid waste accumulated within the city shall be collected, conveyed and disposed of by individuals or by contractors specifically authorized to collect and dispose of solid waste.

(Code 2008)

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

(Code 2008)

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 otherwise 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 an annoyance to the public or a health or fire hazard.

(Ord. 738, Sec. 2)

(a)   Trees, less than 4” in diameter, branches and shrubbery trimmings shall be securely tied in bundles which shall not exceed 18 inches in diameter nor 48 inches in length and shall not regardless of size, exceed 50 pounds in weight.

(b)   Books, magazines and newspapers may be securely tied in bundles or placed in disposable cardboard containers. Such bundle or container and contents shall not exceed a weight of 50 pounds.

(c)   Empty cardboard boxes shall be flattened. No trash other than books, papers, magazines or lawn clippings, shall be placed in cardboard containers.

(Ord. 738, Sec. 5)

Residential containers shall have a capacity of not more than 32 gallons. They shall be of galvanized metal or other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be leak-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 2008)

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 2008)

Commercial establishments may use existing containers until notified by the governing body of a required change. Such commercial establishments shall have 30 days from the date of such notice to comply with the requirements of such notice.

(Ord. 738, Sec. 4)

The city shall regulate the collection of all solid waste in the city, provided, however, that the city may provide the collection service by contracting with a person, firm, corporation, county, another city, or combination thereof for the entire city or portions thereof as deemed to be in the best interests of the city.

(Ord. 738, Sec. 9)

Solid waste collectors operating under permit 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.

(Ord. 738, Sec. 10)

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 any way pilfer or scatter contents thereof in any alley or street within the city.

(Code 2008)

Refuse materials, 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 contractors and no person shall meddle with refuse containers or in any way pilfer or scatter the contents thereof.

(Ord. 738, Sec. 6)

Refuse placed in an improper container shall not be collected. Rocks, dirt, sod, concrete or building materials are not considered normal household wastes and will not be removed.

(Ord. 738, Sec. 7)

All solid waste containers shall be stored upon private property unless the owner shall have been granted written permission from the city to use public property for such purpose.

(Ord. 738, Sec. 8)

Solid waste in residential areas and commercial solid waste shall be collected as required by the occupant, provided, however, that no owner or occupant shall permit the accumulation of solid waste in such a manner as to create a public annoyance or a health or fire hazard.

(Ord. 738, Sec. 11)

All vehicles used for the collection and transportation of solid waste shall be constructed with watertight bodies and shall be fully enclosed or capable of being securely covered. All such vehicles shall be maintained in a safe, clean, sanitary condition and shall be operated so that trash and refuse is completely enclosed or covered when the vehicle is traveling on public streets. Adequate fire extinguishers and warning signals are required in each collection vehicle.

(Ord. 738, Sec. 12)

All solid waste shall be disposed of at the Osborne county sanitary landfill or other sites designated by order of the county engineer of Osborne County, Kansas. Such disposal sites shall be operated in a manner consistent with regulations adopted by the county engineer and standards fixed by the state and federal government.

(Ord. 738, Sec. 13)

Rocks, dirt, sod, concrete and building material shall be disposed of only in sites and in a manner approved by the county engineer and state board of health.

(Ord. 738, Sec. 14)

Any person, firm or corporation who from time to time may desire to dispose of unwanted objects, furniture, appliances, trash, litter or other solid waste shall dispose of such refuse by delivering it, or having it delivered, to an approved disposal site to be disposed of in the same manner as provided for ordinary residential or commercial waste.

(Ord. 738, Sec. 15)

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 2008)

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 2008)

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 2008)

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 2008)

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 2008)

(a)   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 license from the city.

(b)   Nothing herein shall be construed to prevent a person from hauling or disposing of his or her own solid waste providing it is done in such a 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.

(Code 2008)

No person, firm or corporation shall engage in the business for hire, of collection 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, firm or corporation shall cover all employees of the person, firm or corporation.

(Ord. 738, Sec. 16)

Any person desiring to collect or transport solid waste within the city shall make application for a license 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.

(Code 2008)

Each applicant for a 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. 738, Sec. 17)

All permits issued as provided in this article are nontransferable. Provided, however, that one vehicle may be substitute for 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. 738, 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 6,000 lbs. or less - $25.00;

For a gross weight of 6,000 and not more than 10,000 lbs. - $35.00;

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. 738, Sec. 19)

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 2008)

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 license 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.

(Code 2008)

No permit shall be issued to any person, firm or corporation as provided in section 15-516 until the applicant shall have filed 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 cancelled until 10 days after written notice of such cancellation has been filed with the city clerk.

(Ord. 738, 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 and filing a certificate of insurance as provided in section 15-520.

(Ord. 738, Sec. 21)

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. 738, 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. 738, Sec. 23)

A request for electrical service shall automatically constitute a request for landfill utilization. A termination of electrical service shall automatically terminate landfill utilization. Provided however, that the absence of electrical service shall not relieve any owner or occupant of any residence or commercial enterprise from the responsibility of complying with the provisions of this article.

(Ord. 738, Sec. 25)

It shall be unlawful tor any person, firm or corporation 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. 738, Sec. 29)