Any vehicle used by any Person for the collection and transportation of Yard Waste shall be equipped with an enclosed body to prevent the contents escaping therefrom; provided, that loads of Yard Waste secured in bags or other closed containers, tree trimmings or brush only may be transported in open-bodied vehicles provided the material is properly secured in place to prevent scattering along the streets and alleys.

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

It shall be unlawful for any Person to dispose of Yard Waste within the city limits of the City; provided, however, that nothing herein shall prevent or restrict a property owner or tenant from making a domestic use of Yard Waste upon such Person’s property or upon property as to which such Person has the right of use, if such use is made in a manner which does not create a public nuisance.

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

(a)   Except as otherwise provided herein, it shall be unlawful for any Person or party to engage in the business of the collection or disposal of Yard Waste within the City unless such Person or party is licensed therefor in the manner hereinafter provided.

(b)   All such licenses shall be issued by the City Clerk upon proper application therefor, upon the presentation of the proof of the satisfaction of all requirements therefor, and upon the payment of the annual license fee.  All such licenses shall be issued for a term not to exceed one year from the date of issuance.  All such licenses shall expire on the 31st day of December in the year as to which such license is effective.

(c)   No such license shall be issued unless the applicant therefor has satisfied the following requirements:

(1)   All applicants for such a licensee shall pay a non-refundable license application fee in the amount of $50;

(2)   All applicants for such a license shall obtain and exhibit satisfactory proof of insurance, with provision for a 10-day notice to the City Clerk prior to cancellation, covering (i) all such licensed activities for comprehensive general liability in an amount not less than $100,000 for each occurrence, and (ii) all vehicles utilized in such collection and disposition activities for such vehicular liability insurance as is then required under the laws of the State of Kansas; and

(3)   All applicants for such a license shall exhibit and permit the photocopying by the City Clerk of the Kansas certificate of title of all vehicles to be utilized in such collection and disposition activities.

(d)   All Persons or parties holding a license for the collection and disposal of Yard Waste shall be subject to the following requirements:

(1)   All Yard Wastes to be collected from or near the Premises of the customers of such licensees shall be contained in clearly marked or otherwise clearly identifiable bags or containers sufficient to identify the contents thereof as being Yard Wastes, and sufficient to identify the licensee.  To satisfy this requirement, a licensee shall provide or otherwise have its customers use bags or containers of a distinctive type, design or marking which shall be subject to the prior approval of the director of public works of the city.  The Director of Public Works shall be entitled to disapprove of any such bags or containers if, in the judgement of the director, such bags or containers are not sufficiently distinctive from other previously approved bags or containers approved for use by another licensee.

(2)   All such collections from or near the Premises of the customers of all such licensees shall be by curbside collection upon or adjacent to the Premises of such customer.

(3)   All Yard Wastes collections by licensees shall be by use of vehicles registered with the City as herein provided.

(4)   All Yard Wastes collected by licensees shall be disposed of in a lawful manner outside of the city limits of the City.

(e)   The license of a licensee shall be subject to revocation by the City upon any of the following events:

(1)   Failure to maintain the required insurance coverage during the term of such license;

(2)   Failure to notify the City of any different or additional vehicles put into service in such collection and disposition activities, and to provide the certificate of title and insurance information required in relation thereto;

(3)   Failure to comply with any of the other provisions and requirements of this Chapter.

(f)   Persons or parties who dispose of the Yard Wastes of no greater than 10 other Persons or households shall be exempt from the licensure requirements and regulations of this Section; but such Persons shall not be exempt from the other requirements of Sections 18-401 and 18-402 of this Article.

(Ord. 5008-20; Ord. 5078-22; Ord. 5092-22; Ord. 5123-23; Ord. 5142-24)