Chapter IV · Civil Offenses

Article 7. Solid Waste

Sections 4-701 to 4-711 · 11 sections

4-701 Definitions.

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a)Commercial waste — means 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 — means any enclosure, building or portion thereof occupied by one (1) or more persons for and as living quarters.

(c)Garbage — means 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 — means any structure containing more than four (4) individual dwelling units.

(e)Refuse — means all garbage and/or rubbish or trash.

(f)Residential — means any structure containing four (4) 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 — means 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 — means an enclosure, building or portion thereof occupied.

(i)Solid waste — means all non-liquid garbage, rubbish or trash.

4-702 Collection.

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, provided that nothing herein shall be construed to prevent a person from hauling or disposing of solid waste of such person, 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.

4-703 Duty of owner and occupant.

The owner or occupant of every dwelling unit or commercial enterprise shall provide at the expense of such owner or occupant 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.

4-704 Containers.

Residential containers shall have a capacity of not more than thirty (30) gallons. Such containers shall be of galvanized metal or other non-rusting material of substantial construction. Each container shall have a tightfitting lid and shall be leakproof and flytight. 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.

4-705 Bulk containers.

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 weatherproof construction.

4-706 Heavy, bulky waste.

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.

4-707 Hazardous materials.

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous substance, 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

4-708 Prohibited practices.

It shall be unlawful for any person to:

(a)Deposit solid waste in any container other than that owned or leased by such person or under his control without written consent of the owner and/or with the intent of avoiding payment of a refuse service charge.

(b)Interfere in any manner with employees of the city or solid waste collectors 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.

(e)Place, deposit or permit to be deposited any human or animal excrement, garbage or other objectionable waste in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city.

(f)Discharge any wastewater or other polluted waters into any natural outlet, except where suitable treatment has been provided in accordance with the provisions of this code.

(g)Construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater, except as specifically authorized by the provisions of this code.

4-709 Objectionable waste.

Waste from animal 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.

4-710 Unauthorized disposal.

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.

4-711 Penalty.

Any person, firm, partnership or corporation violating any provision of this article shall, upon conviction, be fined a sum not to exceed five hundred dollars ($500.00), or be imprisoned for a period not to exceed thirty (30) days, or be both so fined and imprisoned.