CHAPTER XVIII. MUNICIPAL SOLID WASTECHAPTER XVIII. MUNICIPAL SOLID WASTE\ARTICLE 1. GENERAL PROVISIONS

For purposes of this chapter, the following words and phrases shall have the following meanings:

(a)   “Approved collection container” shall mean the container or bin provided by the city for the disposal and collection of garbage or refuse or recyclables, or other containers approved by the city for such disposal and collection under the terms of this chapter.

(b)   “Collection point” shall mean: (i) the unpaved area immediately behind the street pavement of each dwelling unit which fronts a public street; or (ii) in those cases where the sanitation department has agreed to provide collection service along alleyways, a point adjacent to the alley, outside of all private fences and outside of the established line for vehicular traffic; or (iii) such other location as may be established with the approval of the sanitation division.

(c)   “Commercial establishment” shall include, among others, the operation of storage, mercantile, industrial, business, public assembly, institutional and all other establishments commonly designated as such, or as may hereafter be designated as such but churches shall be entitled to the residential rate.

(d)   “Construction and demolition waste” shall mean solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities, and shall include (but not be limited to) the following: untreated wood and untreated sawdust from any source; motor vehicle window glass; vegetation from land clearing and grubbing, utility maintenance and seasonal or storm-related clean-up; bricks; concrete; masonry materials; roofing materials; soil; rock; wood; and wood products.

(e)   “Dwelling unit” shall mean and include a room or group of rooms within a building or structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. The term “dwelling unit” shall include each living unit within an apartment house, each apartment within a private home, each individual mobile home within a mobile home park or subdivision, and each living unit within a duplex, triplex or other structure designed for multi-family in separate living units.

(f)   “Gallon” shall mean a form of liquid measurement of capacity equal to 231 cubic inches or 3.785 liters.

(g)   “Garbage” shall mean and include the putrescible animal and vegetable wastes resulting from the handling, preparing, cooking and consumption of food, and shall also include bakery and market waste from the handling, storage or sale of bakery goods or produce.

(h)   “Junk” shall mean all worn out, broken or discarded materials not included within the definitions of garbage, rubbish, trash or recyclable.

(i)    “Person” shall mean and include any person, firm, partnership, association, corporation, company or organization, or any kind or a governmental body or agency.

(j)    “Premises” shall mean and include a lot, plot or parcel of land, including the buildings and structures thereon.

(k)   “Recycle” shall mean the separation from other refuse and the preparation for disposal and collection of all materials designated as recyclables pursuant to the provisions of this chapter.

(l)    “Recyclable” shall mean any refuse designated from time to time by the governing body of the city by ordinance as being a recyclable material for purposes of separate disposal and collection under the provisions of this chapter.

(m)  “Recycling bins” as used in Chapter XVIII of the Code shall be interpreted to mean city-provided rollout carts which are specifically identified and provided for the collection and disposal of recyclables.

(n)   “Refuse” shall mean and include all garbage, rubbish and trash.

(o)   “Rubbish” shall mean and include the nonputrescible wastes consisting of miscellaneous materials, and shall also include, among other things, paper, tin foil, broken crockery, fabrics, coffee grounds, utensils, excelsior, packing, wrappings, sweepings of dust and dirt, rubber and bits of metal.

(p)   “Sanitation division” shall mean the city department or division charged with the responsibility for providing municipal solid waste collection services under the provisions of this chapter.

(q)   “Trash” shall mean and include all other putrescible and nonputrescible wastes other than garbage and rubbish, except body wastes, and shall include, among other things, wood, nonpliable crating, boxes or cartons, shrubbery and tree trimmings, discarded furniture, bedding, small appliances, clothing and shoes.

(r)    “Type 1 service” shall mean a collection technique used at single dwelling units, and at multiple dwelling units where individual collection can be established, and utilizes a city-provided rollout cart for refuse and recycling bins for recyclables.

(s)   “Type 2 service” shall mean a collection technique used at multiple dwelling units under common ownership or management where individual collection cannot be established, and generally utilizes one or more dumpsters for the collection of refuse, and one or more rollout carts for the collection of recyclables at a single collection point servicing several dwelling units.

(t)    “Yard Waste” shall mean all grass trimmings, leaves, weeds and all other vegetation or portions, trimmings or wastes thereof therefrom, except for food wastes included within the definition of “garbage,” and except for shrubbery and tree trimmings included within the definition of “trash.”

The governing body may, by ordinance, limit or extend these definitions and may give interpretations to words or phrases.

(Ord. 4322-99; Ord. 4789-11, Sec. 3)

It shall be unlawful for any person to throw, place or deposit, or to allow or permit the throwing, placing or depositing, or to allow the accumulation, upon any parking, sidewalk, gutter, street, alley, thoroughfare, park or other public grounds or city-owned property, any refuse, recyclables or junk of any kind.

(Ord. 4322-99)

Nothing in this chapter shall prevent any person, under a permit from the city, from encumbering the streets or alleys with building materials or earth for the purposes of construction, demolition, remodeling or repairing any building or structure; provided, that in the event of such encumbering of the streets or alleys, the contractor, owner or occupant shall remove any and all materials remaining within 10 days from the completion of the work and shall leave the streets or alleys in the same condition that they were prior to his or her use thereof.

(Ord. 4322-99)

Owners or occupants shall maintain their premises as follows:

(a)   Every owner or occupant shall maintain and keep his or her premises in a clean and sanitary manner and free from any accumulations of refuse and junk of any kind except for the permissible and temporary storage thereof for purposes of collection and disposal pursuant to the provisions of this chapter.

(b)   Every owner or occupant of any such premises shall dispose of all garbage, rubbish and recyclables in a clean and sanitary manner by placing -such in an approved storage or disposal facility which is safe and sanitary. Materials not approved for collection by the city shall be disposed of in a manner as prescribed by federal, state or local regulations.

(Ord. 4322-99)

It is hereby declared to be the duty of the owner or harborer of any animal that dies within the city limits to cause the proper disposal of the same immediately. In the event of the neglect or refusal to properly dispose of the animal, the city may dispose of the same and make a reasonable charge against the owner and/or harborer thereof for the disposal of such carcass. Any animal which is disposed of by burial within the city limits shall be buried with a minimum of 24 inches of earth cover.

(Ord. 4322-99)

The landfill, solid waste collection center and any other solid waste facility or transfer station maintained and operated by the Board of County Commissioners of Harvey County, Kansas, is hereby designated for the use of the city sanitation division and the citizens of the city for the purpose of disposing of all refuse, recyclables, hazardous waste and construction and demolition waste, pursuant to the rules and regulations established in this chapter and by the Board of County Commissioners and their designees.

(Ord. 4322-99)

It shall be unlawful for any person to commit any of the following acts:

(a)   To cause, allow or permit any material or matter whatsoever other than garbage or rubbish as defined in Section 18-101 to be deposited in any city-provided garbage receptacles, or to cause, allow or permit any recyclables as defined in Section 18-101 to be deposited in any approved collection container designated for the collection of garbage.

(b)   To cause, allow or permit any material or matter whatsoever other than recyclables to be deposited in any approved collection container designated for the collection of recyclables.

(c)   To deposit, place or leave any garbage, rubbish or recyclables at any collection point in any manner other than in an approved collection container, unless otherwise specifically allowed as a part of the disposal preparation requirements established from time to time by the governing body.

(d)   To deposit, throw, place or leave any refuse or any other material or materials that are subject to be scattered by wind or otherwise, upon any property, public or private, in the city, except in an approved collection container.

(e)   To cause, allow or permit any refuse or recyclable to burn.

(f)   To remove any contents of an approved collection container; provided, however, that this prohibition shall not apply to designated city officials or employees or their duly authorized agents or contractors.

(g)   To upset, turnover, damage, remove or carry away any approved collection container.

(h)   To deposit, throw, place or leave any approved collection container within the portions of any highway, street, road or alleyway maintained for vehicular traffic or parking.

(Ord. 4322-99)

All bills for municipal solid waste collection services furnished by the city pursuant to this chapter shall be due and payable at such time and at such place or places as the governing body may from time to time specify. Any bill not paid within 20 days of the date the bill is rendered shall be considered delinquent and shall be subject to a late fee in the amount of five percent (5%) of the total amount of such bill. Notification of such delinquency shall be given by mail, and shall notify the customer that if such bill is not paid within five days thereafter then the municipal solid waste collection services shall be subject to suspension and shall not be recommenced until all charges for such service have been paid in full. All outstanding amounts owed for water service shall constitute an encumbrance against the property so served, and the Director of Finance may deny the provision of any new municipal solid waste collections services to the subject property as long as delinquent charges remain outstanding, irrespective of any intervening change in the ownership or tenancy of the property, and may deny the provision of service to any other property owned or managed by the customer.

(Ord. 4322-99)

It shall be unlawful for any person to transport burning materials through, over or across the streets, alleys or other public ways of the city.

(Ord. 4322-99)

The city manager shall have the authority to establish policies, rules and regulations regarding the operation of the city’s solid waste collection and disposal activities which are not inconsistent with the provisions of this chapter or with any other adopted ordinances or policies of the governing body. The city manager shall also have the authority to establish from time to time additional solid waste collection services for items not included as part of the city’s regular services, including the right to modify and suspend such services and the terms and conditions thereof, all as the staffing and resources of the city may permit; provided, however, that the rates for any such services must be approved by the governing body by resolution.

(Ord. 4322-99; Ord. 4442-03)

For purposes of subsection (l) of Section 18-101 and for purposes of Section 18-202 of the Code of the City of Newton, Kansas, as amended by Ordinance No. 4322-09, the following materials are hereby designated as recyclables:

(a)   Aluminum, Tin and Steel Cans, which shall include containers used for the packaging of food products and beverages.

(b)   Aluminum Packaging, which shall include containers used for the packaging of prepared foods, pie tins and foil.

(c)   Glass Bottles and Jars, which shall include containers used for the packaging of food products and beverages, and which shall include glass bottles and jars which are clear, green or brown in color. Broken glass is not included.

(d)   Plastic Bottles and Jars, which shall include containers used for the packaging of food products and beverages with a designation of “1” through “7.”

(e)   Newsprint, which shall include newspapers and newspaper inserts. Printed materials such as magazines, catalogues, phone books and any books or other bound materials are not included.

(f)   Catalogues, Magazines and Phone Books, which shall include any other similarly bound printed material without a hardbound surface.

(g)   Cardboard, which shall include corrugated boxes, but which shall not include paste-board boxes (i.e., cereal boxes, food boxes), and shall not include corrugated boxes which are stained by food products such as grease, oils or food debris.

(h)   Mixed Paper, which shall include all items included under the terms Newsprint, Catalogues, Magazines and Phone Books, and Cardboard, and which also shall include the following paper products: pasteboard (such as cereal boxes, beverage cartons, shoe boxes, etc., with liners removed); office and computer paper; envelopes of all types; slick ads and brochures; paper bags; note pads; legal pads; spiral notebooks; sticky notes; file folders; greeting cards and other card stock; books (hardback and paperback); gift wrap; and tubestock (such as paper towel tubes). Mixed Paper shall not include photographs, slides, transparencies, cardboard or pasteboard that is coated or lined with wax (such as milk cartons, drink boxes and frozen food containers), cardboard or pasteboard which is lined with foil or plastic unless the same can be and is removed, wax paper, tissues, napkins, paper towels, paper plates, paper cups, coffee filters, tea bags, candy or gum wrappers, carbon paper, wallpaper or shredded paper.

(Ord. 4323-99; Ord. 4398-01; Ord. 4556-05; Ord. 4789-11)

Recyclables shall be prepared by the customer for collection in the following manner:

(a)   Aluminum, Tin and Steel Cans. All contents from cans shall be removed and the cans rinsed. Metal lids may remain with the containers, provided they are placed inside the container with all open ends flattened to keep the lids inside. Labels may remain on the containers. One end of the container, or the entire container, should be flattened.

(b)   Aluminum Packaging. All food residues shall be removed and the material rinsed. Packaging which has been stained or contains baked-on food shall not be included.

(c)   Glass Bottles and Jars. Lids and all contents from the containers shall be removed, and the containers shall be rinsed. Labels may remain on the containers. Broken glass shall not be included.

(d)   Plastic Bottles and Jars. Lids and all contents from the containers shall be removed, and the containers shall be rinsed. Labels may remain on the containers.

(e)   Newsprint. All newsprint shall be kept clean and dry.

(f)   Catalogues, Magazines and Phone Books. All catalogues, magazines and phone books shall be kept clean and dry.

(g)   Cardboard. All cardboard shall be kept clean and dry. Cardboard placed in the recycling container shall be cut or folded into pieces not exceeding dimensions of 30 x 30 inches in size. Larger pieces of cardboard may be flatten and placed under the recycling container at the collection point.

(h)   Mixed paper. All mixed paper shall be kept clean and dry. No soiled paper shall be included. Staples and tape need not be removed. Boxes shall be flattened. Any paper which contains personal or confidential information (such as account statements, tax returns, etc.) need not be recycled and can be disposed of by other lawful means.

(i)    All designated recyclables shall be placed for each pick-up in the recycling collection container provided by the city.

(Ord. 4323-99; Ord. 4398-01; Ord. 4556-05; Ord. 4789-11)