CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 4. SOLID WASTE

For the purpose of this article certain terms used herein are defined as follows:

(a)   Refuse - includes garbage and trash;

(b)   Garbage - includes wastes from preparation, cooking and consumption of foods and foodstuffs, and market refuse, and wastes from the handling, preparation, storage and sale of foods and foodstuffs;

(c)   Trash - consists of all nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, boxes, wood and excelsior. It shall not include earth and wastes from building, excavation, demolition or remodeling work, or any construction work, nor shall it include stumps, tree trunks, tree trimmings and limbs resulting from the cutting down or topping of any tree, nor shall it include wash rack residue and solid wastes resulting from industrial processes and manufacturing operations, nor shall it include any appliances or other bulky items weighing in excess of 50 pounds. None of the foregoing exclusions shall be removable as trash except as provided in this article;

(d)   Hazardous Wastes - are solid and liquid wastes which require special handling and disposal to protect life and conserve the environment and shall include but is not limited to pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, oils and solvents, asbestos, PCB's and similar chemicals and materials, and shall include containers and materials that have been contaminated with hazardous wastes;

(e)   Recyclables- any item listed on the graphic embossed on the lid of the provided recycle carts or containers as well as the following: steel; tin or aerosol cans; aluminum cans; glass jars and bottles; plastic tubs, jars and trays; plastic bottles; all plastic types 1-7; food boxes; books (hard or paperback); junk mail; cardboard (flattened boxes are preferred); magazines and catalogs; newspapers and inserts; office paper and file folders along with paper bags.  These items may be commingled but must be included in the cart or designated recycling container.

(f)   Sanitation Officer - is the city manager or his or her authorized assistant.

(g)   Yard Waste - includes but is not limited to the following: grass clippings, garden materials, flowers, limbs, leaves, branches, decorative rock, dirt, and Christmas trees.

(Ord. 1282; Ord. 1151; Code 2006; Ord. 1479)

(a)   All persons and businesses shall keep their surroundings clean and free from accumulations of garbage and trash.

(Ord. 858, Sec. 3)

(a)   Refuse and recyclables containers for all customers, shall be provided by the licensed refuse and recyclables collector authorized by the governing body in accordance with Section 15-417.

(Res. 18-90; Code 2006; Ord. 1429; Ord. 1479)

On premises where excessive amounts of refuse accumulate or where individual storage methods such as cans and bags are impractical, the occupant may be provided suitable bulk containers for the on-premise storage of refuse. The container shall have the capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment. 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 the entrance of insects, rodents or other animals. The doors and lids shall be constructed and maintained so that they can be easily opened and closed. The containers shall be of water tight, leakproof and weatherproof construction and design.

(Res. 18-90; Code 2006; Ord. 1479)

Covers, lids and doors on containers used for the storage of refuse and garbage shall be kept closed at all times except when depositing material in the container or removing the contents therefrom.

(Res. 18-90, Sec. 3; Code 2006)

All refuse and garbage shall be placed in suitable containers except it shall not be necessary to place books, boxes, magazines or newspapers in containers provided that they are securely· tied in bundles or completely contained in disposable boxes not larger than 24 x 24 x 36 inches and weighing no more than 50 pounds.

(Res. 18-90, Sec. 4; Code 2006)

Baskets, boxes and non-complying refuse or garbage cans or containers shall be considered disposable refuse and may be removed by the licensed refuse and recyclables collector authorized by the governing body in accordance with Section 15-417 if they are not the proper size and otherwise acceptable for collection; or they shall be left uncollected if they are larger than the allowable size or otherwise unacceptable for collection.

(Res. 18-90; Code 2006; Ord. 1479)

Large bulky items such as furniture and appliances or other items too large for the truck that cannot be reduced to fit in approved containers will not be collected except by special arrangement with the Sanitation Officer. For items too large for the truck, a fee may be imposed.

(Res. 18-90; Code 2006; Ord. 1429; Ord. 1479)

Empty cardboard boxes will not be collected-unless collapsed.

(Res. 18-90, Sec. 8; Code 2006)

It is the policy of the City of Hoisington, Kansas that waivers from sanitation service should not be allowed. It shall be presumed through this regulation that each residence or business has garbage or refuse to be disposed. It is therefore ordered that all waivers shall be terminated as of the date of passage of this resolution and that current waivers on file are hereby terminated. No waivers shall be granted after the date of passage of this regulation.

(Res. 18-90, Sec. 10; Code 2006)

It is recognized that a handful of containers are shared by more than one business. This action may be allowed to continue with the provision that the City, or licensed refuse and recyclables collector, charge those businesses for the level of service provided.

(Res. 18-90; Code 2006; Ord. 1429; Ord. 1479)

It is recognized that some customers such as the school district and residents of the City on extended vacations may desire a reduction in the level of service. Accordingly, residential or commercial customers absent for a period in excess of thirty days may be allowed to reduce the level of service provided by the licensed refuse and recyclables collector.

(Res. 18-90; Code 2006; Ord. 1479)

(a)   These above described regulations are subject to change, amendments, additions, or deletions as the governing body of the City sees fit.

(b)   These above described regulations shall be filed in the Office of the City Clerk and shall be readily available to the public at the City offices during regular business hours of the City offices.

(Res. 18-90, Secs. 13:14; Code 2006)

No burning of garbage will be permitted anytime. No burning of trash or other combustibles except in an incinerator approved by the city fire inspector will be permitted. No trash pick-up will be made from such incinerator.

(Ord. 858, Sec. 3)

(a)   Due to regulations by the Barton County Commission, it will be considered an unlawful act for any person to deposit yard waste with trash, garbage, etc., intended to be picked up by the licensed refuse and recyclables collector.

(b)   If the city or licensed refuse and recyclables collector discovers yard waste in refuse or garbage containers with refuse or garbage intended for transportation to the Barton County landfill, the licensed refuse and recyclables collector will not pick up and transport any of the refuse or garbage contained in the refuse or garbage container containing unauthorized yard waste.

(c)   The disposal of a person's yard waste by dumping it in a commercial refuse container or some other location not belonging to that person shall be unlawful and, further, constitutes trespass by the persons so dumping.

(d)   It shall be unlawful for any person to intentionally or recklessly deposit, or cause to be deposited at the city compost and tree/brush burn site any item other than yard waste, brush or tree limbs, or to deposit any item or items prohibited by signage at the site.

(Ord. 1282; Ord. 1284; Code 2006; Ord. 1395; Ord. 1479)

(Ord. 1282; Code 2006; Ord. 1429; Repealed by Ord. 1478)

It shall be unlawful for any person, firm or corporation to collect garbage for hire without having first secured from the governing body a license to do so. No license shall be granted excepting upon order of the governing body, and the governing body may enter into an exclusive contract or agreement with any person, firm, or corporation for the collection of refuse throughout the city, or in any part or parts thereof; or it may at its discretion make provision for the collection and removal of garbage throughout the city, or in any part or parts thereof, by its own employees or agents.

(Ord. 858, Sec. 5)

Each licensed refuse collector shall provide a covered truck, so constructed that the contents will not leak or spill therefrom, in which all garbage or refuse collected by him or her shall be conveyed to the place of disposal. The covered truck or conveyance used shall be kept clean and as free from offensive odors as possible, and shall not be allowed to stand in any street, alley or public place longer than is reasonably necessary to collect garbage.

(Ord. 858, Sec. 5)

All persons and businesses shall keep the portion of alleyway or utilities easement adjacent to their surroundings free and clear of trees, weeds, glass, nails or other obstructions which in any way inhibit free access to the alley or renders the same dangerous for use by motor vehicles.

(Ord. 858, Sec. 6)

It shall be unlawful for any person, persons or businesses to allow any building waste or wastes or building materials or refuse to accumulate so as to constitute a nuisance, fire hazard or other than as herein provided.

(Ord. 858, Sec. 7)

Rates for collection and disposal of all refuse and recyclables shall be as specified in the Service Agreement dated April 15, 2013 between the City of Hoisington and Stutzman Refuse Disposal, Inc.

(Ord. 1321; Code 2006; Ord. 1429; Code 2012; Ord. 1479)

Where quantities or dimensions of refuse are such that it is not collected by the licensed refuse and recyclables collector in routine or is not entitled, in the judgment of the sanitation officer, to be collected for the charges specified in section 15-421 of this article, the charges for the collection or disposal thereof shall be determined by the licensed refuse and recyclables collector.

(Ord. 858; Ord. 1479)

The charges for refuse and recyclables collection and disposal shall be made at the same time and in the same manner as the charges for other utility services offered and furnished by the city, and such charges shall be due and payable at the same time and place as charges for other utility services.

When the person, firm or corporation using municipal refuse and recyclables service shall not have an account for other utility services with the City, a bill for such refuse service shall be rendered as directed by the sanitation officer. Failure to pay charges for collection and disposal of refuse and recyclables, within 10 days after same are due and payable, shall be deemed a violation of this article and such customer shall be subject to the same late payment charges as are provided for delinquent water and electricity accounts.

(Ord. 1342; Code 2006; Ord. 1479)

Parties having no refuse shall not be required to pay any service charge. However, every residential unit and every business shall be presumed to have refuse until proof to the contrary is furnished.

(Ord. 858, Sec. 11; Ord. 1429, Sec. 1)

The governing body shall have power to make such regulations by resolution as may be deemed necessary to carry into effect the provisions of this article.

(Ord. 858, Sec. 12)

If for any reason any section, subsection, sentence, clause or phrase of this article is declared to be unconstitutional or invalid, the declaration shall not affect the validity of any remaining section, subsection, clause or phrase of this article.

(Ord. 1151, Sec. 4)

Hazardous wastes as defined in this article which must be handled and disposed of in a special manner will not be collected by the city. The handling and disposal of the hazardous wastes shall be done in accordance with applicable federal, state and local law.

(Ord. 1152, Sec. 1)

It shall be the duty of every person owning, managing, operating, leasing, or renting any premises or any place where trash or recyclables accumulates, to maintain in good order and repair, on any premises, a portable container or containers for storage of trash and recyclables of sufficient capacity and of sufficient numbers to accommodate and securely hold all of the trash and recyclables that may accumulate between regularly scheduled collections, said containers to comply with specifications of Stutzman Refuse Disposal.  All trash and recyclables containers shall be stored upon private property unless the owners shall have been granted written permission from the city to use public property for such purpose.

Unless otherwise approved by Stutzman Refuse Disposal, all residential trash and recyclables containers shall be placed for collection at a point within two (2) feet of the traveled portion of the street, affording easy and unobstructed access for collection.  For purposes of this Section, this point shall be defined as the collection point.

The trash and recyclables containers shall be placed at the collection point specified herein no earlier than 7:00 AM on the day before Stutzman Refuse Disposal’s scheduled pick up day.  The trash and recyclables containers shall be removed from the collection point within 24 hours after collection and in cases of residential collection service, such containers shall be removed to a location adjacent to, near, or within the residence, garage or other structure located at such residence and such container shall not be left adjacent to, or along, the street.  Beginning August 1, 2014, violations of this provision shall be punishable by fines as provided by Section 15-431.

Trash or recyclables 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. A plastic bag or other container damaged at the time of collection shall be deemed to be an improper container and any refuse or recyclables strewn about from any such plastic bag or container shall be the responsibility of the owner or occupant of the premises.

(Ord. 1152; Ord. 1479; Ord. 1491)

Title to all solid waste collected with the collection area shall be vested in the city upon being placed in the collection vehicle.

(Ord. 1152, Sec. 3)

It shall be unlawful for any person other than an authorized collector to:

(a)   Remove, pilfer or scatter the contents of any dumpster or container;

(b)   Upset, turn over, enter, move or carry away a dumpster or container or the lid thereto;

(c)   Place large or heavy objects over 20 pounds or larger than four feet in length in the dumpster or container which may cause damage to the collection vehicle including but not limited to rocks, soil, concrete or building materials not considered normal household wastes;

(d)   Place large animals or big game carcasses in the dumpster or container;

(e)   Deposit, throw, place or leave any refuse as defined herein, upon any property, public or private, in the city, including the premises which he or she may own or be in possession of or any place except in the dumpsters or containers provided for that purpose, and;

(f)   Deposit refuse 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 the refuse service charge.

(Ord. 1152, Sec. 4)

Any person, persons or businesses who shall violate any of the terms and provisions of this article shall be deemed guilty of a code violation, and upon conviction thereof, shall be fined a sum of not less than $25.00 nor more than $1,000.00, with each day's violation constituting a separate offense.

(Ord. 1152; Ord. 1429; Ord. 1491)