CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 3. BURN SITE

The following described area is hereby declared the official Burn Site of the city: 20 acres immediately north of the present north bank line of the Arkansas River of Lot two of in the east one-half of Section four in Township 22, South Range eight west, of the sixth P.M. lying north of the Arkansas River.

(Code 1972, 12-44; Ord. 2221; Sec. 1)

(a)   It shall be unlawful for any person not a resident of the city, or for any firm, corporation, or organization not having its principle place of business within the city, to use the Burn Site without possessing a valid written permit issued by the city. The permit shall be issued upon the payment of a fee in the amount of $25.00 and shall be valid for one year (until the first business day of the succeeding year.) However, those persons connected to either city water or electric service shall be authorized to use the burn site.

(b)   The only materials allowed to be dumped and burned at said site are trees, limbs, grass clippings and clean lumber. No other items may be dumped thereon, without specific authorization from the city.

(c)   Fees shall be made for the use of the burn site as follows:

(1)   An operation and maintenance fee of $1.25 per month shall be included in the city's utility bill for each utility customer account of the city.

(d)   Person who violates any provision of this article are guilty of a misdemeanor punishable by a fine not to exceed $500.00 and/or confinement in jail not to exceed six months.

(Ord. 1796; Code 1972, 12-45; Ord. 2221; Code 2014)

(a)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly requires otherwise:

(1)   Commercial Wastes - All solid wastes emanating from establishments engaged in business and waste from institutions. This category includes but is not limited to solid wastes originating in stores, markets, office buildings, restaurants, shopping centers, theaters, churches and schools.

(2)   Construction and Demolition Wastes - Building materials and rubble resulting from construction remodeling, repair or demolition operations on houses, commercial buildings or other structures and pavement.

(3)   Garbage - The animal and vegetable wastes resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods.

(4)   Hazardous Wastes - Solid and liquid wastes which require special handling or disposal to protect and conserve the environment and shall include pesticides, acids, caustics, pathological wastes, radio-active materials, flammable or explosive materials, oils and solvents and similar chemicals and materials in all and shall include containers and materials that have been contaminated with hazardous wastes.

(5)   Household Residential Wastes - All normal solid wastes emanating from homes, apartments, and mobile homes when occupied as residences. Household residential wastes shall include garbage, waste paper, cans, bottles, boxes and other normal household refuse and shall also include grass clippings, leaves, brush and tree limbs when the waste is containerized as set forth in section 6 of this ordinance or securely bagged or bundled into bales or bundles not more than 42 inches in length and weighing not more than 80 pounds and otherwise shaped in such a manner to allow the easy handling by one man.

(6)   Industrial Wastes - Solid wastes resulting from manufacturing and industrial processes and liquid wastes resulting from manufacturing or industrial processes, which are not suitable for discharge to a sanitary sewer or treatment in the city sewage treatment plant.

(7)   Nuisance - Anything which (1) is injurious to health or is offensive to the senses or any obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property or (2) adversely effects an entire community or neighborhood or any substantial number of persons even though the extent of the annoyance or damage inflicted upon individuals may be unequal and (3) is caused by or is a result of the mingling or disposal of solid waste.

(8)   Person - Means any individual, partnership, corporation, institution or political subdivision.

(9)   Refuse - Shall mean unwanted or discarded material resulting from commercial, industrial and agricultural operations and from normal community activities. Refuse includes, but is not limited to the following: Garbage, rubbish, ashes and other residue after burning; street refuse, dead animals, animal wastes, motor vehicles, agricultural, commercial, industrial wastes, construction and demolition wastes and sewage treatment residue.

(10) Sanitation Department - Shall consist of the city manager and such other city employees and officers as may from time to time be designated as sanitation department employees by the city manager.

(11) Special Wastes - Refuse which may not be considered hazardous waste, but due to its nature requires special handling for collection and disposal and may include tires, appliances, furniture, bulky items, automobile bodies, and other similar material and items, and may also include liquid oils, grease, and other similar liquids and chemicals.

(Ord. 1818, Sec. 1)

The city is hereby granted the exclusive control over the refuse within the city. The city shall provide for the collection of all household residential wastes, commercial wastes, and certain industrial wastes in the city, provided however, that the city may provide the collection service by contracting with or licensing a person, firm or corporation, county, another city or a combination thereof for the entire city or portions thereof as deemed to be in the best interest of the city.

(Ord. 1818, Sec. 2)

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. 1818, Sec. 3)

Solid wastes in residential areas shall be collected not less than once weekly. All commercial solid waste shall be collected at intervals as may be fixed by the sanitation department, but in no event, less than weekly.

(Ord. 1818, Sec. 4)

The city, or its contractor, may provide suitable containers for the storage of solid wastes as provided in this article.  No waste container shall be permitted other than those approved by the City. No owner or occupant shall permit quantities of waste and refuse to accumulate within or close to any structure, or upon any property within the City so as to create a health or fire hazard or nuisance, except in approved containers.

(Ord. 1818, Sec. 5; Code 2014)

All waste containers whether residential, commercial or industrial shall be approved by the City.  Residential waste containers shall not have a capacity greater than 32 gallons and shall not weight more than 80 pounds. They shall be of plastic or other approved non-rust material of substantial construction and shall be equipped with handles or bales or easy lifting or emptying.  Each container shall have a tight-fitting lid that will jot fly open and must be lead free.  Provided however that plastic bags of not less than 1.5 mills of thickness may be used when the refuse and waste is stored in an enclosed structure on the occupant’s premises, except such refuse shall be removed and placed in an approved waste container on the day for collection

(Ord. 1818, Sec. 6; Code 2014)

Containers for commercial wastes shall be equipped with tight-fitting lids and shall be of such size and construction as shall be suitable for the type of refuse generated by the establishment as shall be determined by the sanitation department.

(Ord. 1818, Sec. 7)

Refuse placed in an improper container shall not be collected.

(Ord. 1818, Sec. 8)

All solid waste containers shall be stored upon private property: Provided that on the scheduled day for refuse collection refuse may temporarily be stored on public property next to streets along the parking. The permanent storage of refuse containers is prohibited in front yards of residences. A front yard shall be defined as that space extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than steps, unenclosed balconies and unenclosed porches; provided that on the designated refuse collection day the · occupant may temporarily store refuse next to the street curb line in front of the occupants dwelling. That in the event the occupant does not desire to temporarily store refuse at the street curb line for collection purposes, the occupant may, temporarily for collection purposes, store refuse at some other location on his or her property easily accessible, and may be charged for the collection of refuse at a point other than the curb line. Commercial and industrial refuse containers shall be located generally at the rear of the occupants premises near the improved alley, however, other locations for storage and collection may be approved by the sanitation department. Occupants of any premises in the city which have refuse to be collected shall provide or cause to be kept or provided suitable receptacles for the deposit and collection of refuse in a place readily accessible for removing and emptying at hours and days specified by the sanitation department, and all containers shall be kept and located in such a manner as to not to create a nuisance to other citizens or to create an obstruction to persons using public streets and alleys.

(Ord. 1818, Sec. 9)

All charges to be made by container collectors for the collection and disposal of refuse shall be based on a rate schedule which must be submitted to the city manager and approved by resolution of the governing body, before a permit will be issued by the sanitation department of the city.

(Ord. 1818, Sec. 10)

The provisions of this section shall not apply to shredded garbage and liquid waste which is properly transported and required to be transported and deposited in the city sewer system and sewage disposal system.

(Ord.1818, Sec. 11)

(Ord. 1818, Sec. 12; Code 2014)

The City does not provide for a sanitary landfill for disposal of refuse or waste.  The City may provide a disposal site for certain items, which may include grasses, limbs, leaves, brush and other items, but not any refuse or residential, commercial, or industrial waste.  Such disposal site shall be limited to receive only those items as may be determined by the City.

(Ord. 1818, Sec. 13; Code 2014)

No person, whether acting individually or privately for himself or herself, his or her business and no person, firm, or corporation shall engage in the business of collecting, transporting, processing or disposing of solid waste (refuse) 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. 1818, Sec. 14)

Each applicant for a permit shall file an application with the city clerk on forms to be approved by the sanitation department. Such application shall show:

(a)   the number of vehicles to be operated;

(b)   the make, model and identification number of each vehicle;

(c)   the precise location of processing or disposal facilities;

(d)   boundaries of the collection area; and

(e)   such other information as the sanitation department may require.

(Ord. 1818, Sec. 15)

All permits issued as provided in this section are nontransferable: provided however, that one vehicle may be substituted for another by filing the description and identification number with the city clerk; and provided further, that additional vehicles may be added by filing a proper application, insurance and permit fee.

(Ord. 1818, Sec. 16)

Each application for a permit shall be accompanied by a fee of $1.00 for each vehicle. All application fees shall be refunded if the application for a permit is denied.

(Ord. 1818, Sec. 17)

(a)   No permit shall be issued to any person as provided in section 8-317 the applicants shall have filed certificates of insurance written by a company licensed to do business in Kansas providing public liability insurance covering all operations and all vehicles operated by applicant. Such policies shall provide not less than $100,000 for any injury to or death of anyone person and $300,000 for the injury or death of any number of persons in anyone accident and with property coverage of not less than $25,000 for anyone accident. The certificate of insurance shall provide that it cannot be canceled until 10 days after written notice of such cancellation has been filed with the city clerk.

(b)   Persons desiring a permit to haul only their own solid wastes (refuse) from their own residence or business may apply for waiver of the insurance requirements provided herein, and the city clerk may issue a waiver of the insurance requirement upon applicant signing a sworn affidavit that the applicant will be engaged only in the collecting, transporting, processing or disposing of the refuse of his or her own residence or business.

(Ord. 1818, Sec. 18)

All permits issued under this section shall expire on December 31 of each year. A permit may be renewed for a period of one year upon payment of the annual license fee and a filing of a certificate of insurance as provided in section 8-321.

(Ord. 1818, Sec. 19)

All vehicles operating under a permit issued under this section shall display the permit number on each side of the vehicle in a color which contrasts with the color of the vehicle. Such number shall be clearly legible and shall be not less than three inches in height.

(Ord. 1818, Sec. 20)

A permit issued under this section may be revoked for the violation of any terms of this ordinance or regulations of the sanitation department: provided however, that no permit shall be revoked until the holder of such permit has been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this section or regulations issued by the sanitation department.

(Ord. 1818, Sec. 21)

All solid waste (refuse) shall be collected and transported in a water-tight vehicle or container and shall be fully enclosed or securely covered. All vehicles, and containers used for collecting and transporting the refuse shall be maintained in a safe, clean, sanitary condition and shall be operated in such a manner as to prevent spillage or leaking therefore.

(Ord. 1818, Sec. 22)

It shall be unlawful for any person to:

(a)   Deposit refuse in any container other than that owned or leased by him or her under his or her control without written consent of such owner and/or with the intent of avoiding payment of charges for collecting, transporting and disposing of the refuse;

(b)   Interfere in any manner with employees of the city or its contractor in the collection of refuse;

(c)   Dispose of refuse in an unapproved site;

(d)   Allow garbage, household residential wastes, industrial wastes or commercial wastes to accumulate creating a nuisance, as defined herein;

(e)   Store refuse in an unapproved container;

(f)   It shall be unlawful for any person to enter upon any city disposal site for the purpose of scavenging or removing any refuse or portion of refuse deposited at any of the sites; provided, this shall not apply to any salvaging operation approved by the sanitation department;

(g)   Handle refuse in any manner to create a nuisance.

(Ord. 1818, Sec. 23)

The sanitation department is hereby authorized to formulate reasonable rules and regulations subject to approval by the governing body necessary to carry out the provisions of this article.

(Ord. 1818, Sec. 24)

So long as it shall remain lawful for persons to dump refuse or other waste at the official burn site such refuse or other wastes shall only be dumped or disposed of at the burn site under the supervision of the city sanitation department at such times and in such places at the burn site as may be required by the personnel of the city sanitation department.

(Ord. 1820, Sec. 2)

The city sanitation department shall post the times that the landfill may be used and the regulations for the use of the landfill in a conspicuous place at the entrance to the dump, and the regulations may be obtained by calling at the office of the city clerk. That the city sanitation department shall submit the regulations to the governing body for its approval prior to posting as herein provided, and the regulations so posted shall show the approval of the governing body.

(Ord. 1820, Sec. 3)

(Ord. 1796, Sec. 2; Code 2014)

The city police department shall exercise supervision over the burn site.

(Code 1972, 12-50)