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 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.

(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 or 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 of 3.785 liters.

(g)   Infectious Biological Waste shall mean waste capable of producing an infectious disease because it contains pathogens of sufficient quantity that exposure to the waste by a susceptible host could result in disease.

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

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

(j)    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.

(k)   Recyclable shall mean any refuse designated from time to time by the Governing Boyd of the City by ordinance as being a recyclable material for purposes of separate disposal and collection under the provisions of this Chapter.

(l)    Refuse shall mean all garbage, rubbish, junk, trash, and material not otherwise classified as Recyclable.  Refuse shall include, but is not limited to, the following:

(1)   Putrescible animal and vegetable wastes resulting from the handling, preparing, cooking and consumption of food;

(2)   All worn out, broken or discarded materials;

(3)   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;

(4)   Wood, nonpliable crating, boxes or cartons, shrubbery and tree trimmings, discarded furniture, bedding, small appliances, clothing and shoes;

(5)   Body wastes such as ruing, blood, feces, or vomit from any person or animal so long as the same is properly bagged and subject to reasonable limitations.

Refuse shall not include the following: Yard waste and infectious biological waste.

(m)  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.

(n)   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.

(o)   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.

(p)   Yard Waste shall mean all grass trimmings, leaves, weeds and all other vegetation except for food wastes and shrubbery and tree trimmings

(Ord. 4322-99; Ord. 4789-11, Sec. 3; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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 of any Refuse, Recyclables or Junk of any kind, upon any parking area, sidewalk, gutter, street, alley, thoroughfare, park or other public grounds or City-owned property.

(Ord. 4322-99; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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 Refuse and Recyclables in a clean and sanitary manner by placing -such in an Approved Collection Container 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; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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 on private property, with the consent of the landowner and with a minimum of thirty-six (36) inches of earth cover. No animal shall be placed in a City Approved Collection Container.

(Ord. 4322-99; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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 Recyclable or Refuse as defined in Section 18-101 to be deposited in any Approved Collection Container.

(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 Refuse 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 by the Governing Body.

(d)   To deposit, any Refuse or other materials that are subject to be scattered by wind or weather, upon any property 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 without approval from the Public Works Director or their designee.

(Ord. 4322-99; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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 twenty (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 ten (10) 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; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)

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.

(Ord. 4322-99; Ord. 4442-03; Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24; Ord. 5183-25; Ord 5185-25)