There is hereby adopted by the City of Pretty Prairie, Kansas, the following rules and regulations for the collection and disposal of refuse in the City of Pretty Prairie, Kansas, including contracts for such services, charges therefore, and providing penalties for violations thereof.
(Ord. 124; Code 2018)
All garbage and trash: Garbage includes wastes from preparation of cooking and consumption of food and food stuffs, and market refuse, wastes for the handling, preparation, storage and sale of foods and food stuffs.
Trash: All putrescible and nonputrescible waste is consisting of miscellaneous materials, including among other things, paper, tin cans, glass, crockery, fabric, coffee grounds, utensils, pliable cartons, boxes, excelsior packing, sweepings of dust and dirt, grass trimmings, leaves, wood, nonpliable cartons, battings, boxes or cartons, barrels, wood shavings, metal shavings, shrubbery and tree trimmings, discarded furniture, bedding, tires, metals, junk, rock, concrete, masonry, ashes, tinkers and other discarded materials, provided that trash shall not include any materials resulting from building excavations, demolition or remodeling work or any construction work or shall it include stumps, tree trunks, tree trimmings and limbs resulting from operations of professional tree trimmings or the tree trimmings resulting from the cutting down or the topping from any tree regardless of who performs the work nor shall it include refuse resulting from tornado, cyclone, extreme wind storms ice storms, flood or other acts of God or the burning of any building.
Dwelling Unit: A room or group of rooms with in a building or structure and forming a single habitable unit with facilities which are used or are intended to be used for living, keeping, cooking and/or eating.
Commercial Establishment: Mercantile, industrial business assembly, public, institutional and all other establishments commonly designated as such as any that may hereafter be designated as such.
Persons: Any person, firm, partnership, association, corporation, company or organization of any kind or a governmental body or agency.
Sanitation officer: The sanitation officer shall be an employee of the City of Pretty Prairie, Kansas appointed by the Mayor with the consent of the Council in the same manner as other normal appointments are made.
(Ord. 124; Code 2018)
No owner or occupant shall permit or allow cumulation of quantities of refuse or other waste materials within or close to any structure within the City unless the same is stored in an approved container and in such a manner as to not create a health or fire hazard. It shall be unlawful for any person to deposit, throw, place or leave any refuse upon any property in the City, public or private, including the premises which he may own or occupy and the streets, alleys, or public ways adjacent to such premises except in the container or containers herein required or otherwise provided for such purposes.
(Ord. 124; Code 2018)
(Ord. 124; Code 2018)
Refuse materials, when placed in containers by the occupant or owner of the dwelling unit or 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. 124; Code 2018)
Refuse placed in an improper container shall not be collected. Rocks, dirt, sod, concrete or building materials are not considered normal household waste or refuse and will not be removed.
(Ord. 124; Code 2018)
Containers for the storage of refuse shall be placed and kept by the occupants of premises in the following locations:
(a) All dwelling units and commercial establishments shall place said containers at a suitable location at the edge of an adjacent alley or at such other location as may be designated by the sanitation officer, if such an alley is available or adjacent to said property,
(b) Where no alley is available or adjacent to said premises such storage containers shall be kept at the rear of the dwelling on said premises and at a place readily assessable to the contractor provided that where no alley is adjacent to the rear of the premises the occupants who may so desire may place their storage containers and refuse on the parking in front of their premises; provided further, that where no alley is available, the sanitation officer may designate the proper place at which to keep said storage containers.
(Ord. 124; Code 2018)
The governing body shall have the right to enter into a contract with any responsible person or firm to provide for the collection and disposal of garbage or trash or both of them and in doing so may provide for the collection and disposal of either one or both by contract or either one or both as a municipal function, and any contract may be for not more than five (5) years, and such contract shall not be considered as being in conflict with the cash basis and budget laws. The contractor receiving the contract for such solid waste disposal shall execute a bond to the City of Pretty Prairie, Kansas, in the sum of One Thousand Dollars ($1,000) to be approved by the governing body, with surety by a responsible surety company, conditioned upon the faithful performance of all the terms of said contract, and to save the City harmless from any loss of damage arising from the said contractors conduct of business under said contract. Prior to the approval of any contract hereunder the contractor shall file with the City Clerk a certificate of insurance which shall be in force for the term of the contract and issued by a company authorized to transact insurance business in the State of Kansas which shall contain not less than an aggregate limit of $100,000.00 for injuries to persons and $10,000.00 for damage to property. Said certificate of insurance or endorsement thereto shall contain a provision that the insurer will not cancel or terminate the policy, as filed with the City Clerk, without the giving of not less than thirty (30) days’ notice of intention to cancel or terminate to the City Clerk for and on behalf of the City of Pretty Prairie, Kansas.
(Ord. 124; Code 2018)
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. 124; Code 2018)
Solid waste in residential areas shall be collected not less than once weekly. All commercial establishments solid waste shall be collected at intervals as may be fixed by the sanitation officer or by the party contracting said collection with the approval of the sanitation officer.
(Ord. 124; Code 2018)
All vehicles or conveyances used for the collection and transportation of solid waste shall be fully enclosed or capable of being securely covered. All such vehicles shall be maintained and operated in such a manner as to prevent spillage therefrom. Such conveyances 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 reasonably necessary to collect refuse.
(Ord. 124; Code 2018)
All solid waste shall be disposed of at a site approved by the City of Pretty Prairie and holding a valid permit (after June 30, 1976) from the State Board of Health. Such disposal site shall be operated in a manner consistent with the regulations and standards fixed by the State and Federal Governments.
(Ord. 124; Code 2018)
When the governing body has provided for the collection of garbage and trash or both of them by contract, it shall be unlawful for any person or persons other than the party to contracting with the said City, his agent or employee, to collect, transport, convey, or carry any garbage or trash over, upon, or through any street or alley of the City of Pretty Prairie, Kansas, to hire for consideration of any kind, Provided, however, that nothing in this section shall be construed to prevent a person from hauling or disposing of his own refuse accumulated at his residence or business establishment, in such a manner as not to endanger the public health or safety, not to create a nuisance to the inhabitants of said City, and not\ to litter the streets and alleys of said City, and provided further, that such person shall have hauling equipment meeting the requirements of Section 15-411 herein and that the place and method of disposal is in accordance with Section 15-412 herein.
(Ord. 124; Code 2018)
No person shall be permitted to accumulate on any premises, improved or vacant, or any public place in the City, such quantities of refuse, garbage or trash either in containers or not, that shall in the opinion of the sanitation officer constitute a health or sanitation hazard. Any person who from time to time may desire to dispose of unwanted objects, furniture, appliances, trees or branches or other solid waste shall dispose of such refuse by delivering it or having it delivered in an approved conveyance to any approved disposal plant or site, to be disposed of in the same manner as provided for ordinary residential or commercial waste.
(Ord. 124; Code 2018)
A monthly refuse service charge shall be levied against each dwelling unit for collection and disposition of solid waste as required by this article. This charge shall be in an amount as set in the Resolution establishing the Rate Schedule for the City of Pretty Prairie, Kansas. This charge will maintain one trash and one recycle container. Refuse service shall be rendered to commercial establishments according to rules and regulations adopted by the City Council and the contractor. The charge shall be based upon the estimation of the amount of the refuse, the frequency of collection and the estimate of the cost to the City in rendering such collection and disposal services. In no event shall such commercial rate be less than that charged a dwelling unit. Any person covered by the provisions in this Article who can establish that they have no refuse, shall be exempt from the fees referenced herein. However, the burying of refuse, burning or otherwise disposing of refuse, or the disposal by hauling to an approved sanitary landfill site or location outside of City limits, shall not be construed as an exempt hereunder.
(Ord. 124; Code 2018; Ord. 339; Ord. 346)
(Ord. 124; Ord. 133; Code 2018)
Bills for refuse service shall be rendered monthly, every 30 (thirty) days at the same time as bills for water service are rendered, a combined bill for refuse, sewage and water service.
(Ord. 124; Code 2018)
(Ord. 124; Ord. 133; Code 2018)
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 such 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 waste
(c) Dispose of solid waste in an unapproved site.
(d) To allow any building waste or wastes or building materials or refuse to accumulate so as to constitute a nuisance, fire hazard, or safety hazard other than as herein provided.
(Ord. 124; Code 2018)
Any person failing to comply with any duty imposed by this article, or violating any of the terms and provisions thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00), provided that each day’s violation shall be a separate offense.
(Ord. 124; Code 2018)