The following terms used in this article shall have the meanings described to them in this section.

Commercial Waste. All solid waste emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

Dwelling Unit. Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters;

Garbage. Includes waste from the preparation, cooking and consumption of food; market refuse, waste from handling, storage, and use of product;

Multi-Family Unit. Any structure containing more than four individual dwelling units;

Refuse. All garbage and/or rubbish or trash;

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;

Rubbish or Trash.

(a)   Combustible: Paper, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood furniture, bedding.

(b)   Noncombustible: Metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, and other mineral refuse.

(c)   Ashes: Residue from fires used for cooking and for heating buildings.

(d)   Street Rubbish: Street sweepings, dirt, leaves, catch basin dirt, contents of litter receptacles.

Solid Waste. All non-liquid garbage or rubbish and rush.

(Ord. 1477, Sec. 1; Code 2013)

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article.

(Ord. 1477, Sec. 2; Code 2013)

Residential containers shall not have a capacity of more than 30 gallons or not to exceed 50 pounds total weight. They shall be of galvanized iron or other non-rusting material of substantial construction. Each container shall have handles of suitable construction to permit lifting. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. Provided however that plastic bags of not less than 1.5 mills in thickness may be substituted for the containers as set forth above; and provided, further, that plastic bags when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in containers.

(Ord. 1477, Sec. 3; Code 2013)

Containers for commercial waste shall be of the size and construction as shall be determined by contract.

(Ord. 1477, Sec. 4; Code 2013)

Trees, branches and shrubbery trimmings and lawn clippings will not be picked up and removed. A place will be provided to haul this type of waste where it will be burned under the supervision at the proper time. This will be done by permission from the State of Kansas.

(a)   Books, magazines and newspapers may be securely tied in bundles or placed in disposable containers in lieu of placing in an approved container. The bundles or containers and contents shall not exceed a weight of 50 pounds.

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

(c)   Ashes and cinders, with no fire or live coals, will be removed if in proper containers as provided for in this article.

(d)   Dead animals will not be removed. They will be buried by owner or caretakers immediately.

(Ord. 2052; code 2013; Code 2013)

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. 1477, Sec. 6; Code 2013)

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. 1477, Sec. 7; Code 2013)

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, and pickup shall be at curb side and alleys.

(Ord. 1477, Sec. 8; Code 2013)

The city shall provide for 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 a combination thereof, for the entire city or portions thereof, as deemed to be in the best interests of the city.

(Ord. 1477, Sec. 9; Code 2013)

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.

(Ord. 1477, Sec. 10; Code 2013)

Solid waste in residential areas shall be collected not less than once weekly on any day but Sunday. All commercial solid waste shall be collected at intervals as may be fixed by a contract, and to meet state health requirements.

(Ord. 1477, Sec. 11; Code 2013)

All vehicles used for the collection and transportation of solid waste shall be maintained in a safe, clean and sanitary condition and shall be operated in such a manner as to prevent spillage therefrom.

(Ord. 1477, Sec. 12; Code 2013)

All solid waste shall be disposed of at a site approved by the county and holding a valid permit (after June 30, 1978) from the State Board of Health. The disposal site shall be operated in a manner consistent with regulations adopted by the County of Marshall, and standards fixed by the state and federal government.

(Ord. 1477, Sec. 13; Code 2013)

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

(Ord. 1477, Sec. 14; Code 2013)

Any person who from time to time may desire to dispose of unwanted objects, furniture, appliances, trash, litter or other solid waste shall dispose of the 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. 1477, Sec. 15; Code 2013)

No person shall engage in the business of collecting, transporting, processing or disposing of 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. 1477, Sec. 16; Code 2013)

A refuse service charge of $19.50, per calendar month shall be levied against each residential dwelling unit, multi-dwelling units, each dwelling or mobile home in designated areas for the collection and disposition of solid waste as required by this article.

Commercial refuse service charges shall be determined by the contractor. In no case, however, shall the commercial rates be less than that charged a dwelling unit. In determining commercial rates the city council shall consider the factors as the quantity of refuse collected the number of collections each month and accessibility to the place of collection.

(Ord. 2253; Code 2013; Ord. 2392)

A request for water service shall automatically constitute a request for refuse service. A termination of water service shall automatically terminate refuse service; provided, however, that the absence of public water service shall not relieve any owner or occupant of any resident, multi-family dwelling or commercial enterprise from the responsibility of complying with the provisions of this article.

(Ord. 1477, Sec. 18; Code 2013)

Bills for refuse service shall be rendered monthly at the same time as bills for sewage and water service are rendered. The bills shall be collected as a combined bill for refuse, sewage and water service.

(Ord. 1477, Sec. 19; Code 2013)

Any person at the time or beginning or terminating service who receives service for a period of less than 18 consecutive days shall be billed at one-half of the regular monthly rate. For service of consecutive days or more the charge shall be at the full monthly rate.

(Ord. 1477, Sec. 20; Code 2013)

Where collections are made from each individual unit of a multi-family dwelling, an individual unit may be exempted from the monthly service fee upon written application of the owner that the dwelling unit has been vacant more than 18 days. Should the owner fail to advise the city at the time the unit again becomes occupied, he or she shall immediately become liable for all fees waived.

(Ord. 1477, Sec. 21; Code 2013)

Fees and charges shall be paid to the city clerk at the same time sewage and water service charges are paid. If fees and charges for services are not paid as herein provided, the collection of garbage, trash, refuse, solid waste, rubbish or other discarded materials, from the premises of the person thus failing to pay, shall at the option of the governing body of the city, be discontinued. The discontinuance of service by the city for nonpayment of the fees and charges or any part thereof, shall not relieve any person of his or her responsibility and obligation to abide by the terms of this article, or amendment, thereto, regarding civil and criminal liabilities for removal of garbage, trash, refuse, solid waste, rubbish, or other discarded materials.

(Ord. 1477, Sec. 22; Code 2013)

It shall be unlawful for any person to:

(a)   Deposit solid waste in any container other than that leased by him or her under his or her 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 contractor in the collection of solid wastes.

(c)   Burn solid waste unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency.

(d)   Dispose of solid waste in a unapproved site.

(Ord. 1477, Sec. 23; Code 2013)

The present Blue Rapids City dump, located approximately one mile northeast of the city, will be closed June 15, 1976. No dumping in or around this area will be allowed after June 15, 1976. Violators will be prosecuted as set forth in this article.

(Ord. 1477, Sec. 24; Code 2013)

The city council is hereby authorized to formulate reasonable rules and regulations necessary to carry out the provisions of this article.

(Ord. 1477, Sec. 25; Code 2013)