Chapter 15 · Utilities

Article 4. Solid Waste

Sections 15-401 to 15-419 · 19 sections

15-401 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in singular number include the plural number. The word shall is always mandatory and not mere directive.

(a)Area within the corporate limits of Natoma, Kansas.

(b)City Sanitarian. That person so designated by the city governing body to be responsible for the duties of the position.

(c)Commercial Establishment. Mercantile, industrial, business assembly, public, institutional and all other establishments commonly designated as such or as hereafter d be designated as such, or commonly considered non-residential.

(d)Contractor. A person or business officer with whom the city has contracted to collect and dispose of refuse.

(e)Food Wastes. Animal, vegetable or mineral matter derived from the preparation or packaging of foodstuffs.

(f)Hazardous Materials. Wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics.

(g)Person. Any person, firm, partnership, association, corporation, company or organization of any kind.

(h)Residence. A dwelling unit such as a home, mobile homes, multi family dwellings, not including hotels or motels. Each unit of a multi-family dwelling should be considered as separate dwelling unit for purposes of billing.

(i)Residential Solid Waste. Refuse, rubbish, trash, etc., resulting from the normal household activities.

(j)Rubbish and Trash. Combustibles such as paper, wood, yard trimmings, etc., and noncombustibles such as metal, glass, stone, dirt, etc.

(k)Special Material. These are bulky materials or other special wastes that are not stored in standards storage containers and cannot be picked up by a normally used collection vehicle.

(Ord. 232, Sec. 1)

15-402 Collection service.

All refuse accumulated in the city shall be collected, conveyed and disposed of by the contractor.

All persons of the city are authorized to dispose of trash, garbage and refuse in the approved designated containers located in the city.

It shall be unlawful for any person to collect or haul over the city streets any trash, garbage or refuse unless such person shall have a contract with the city, provided that this section shall not apply to departments of the city government; provided further that nothing in this section shall be construed to prevent a person from hauling or disposing of his or her own trash accumulated at his or her residence or place of business in such a manner as not to endanger the public health or safety, not to create a nuisance to the inhabitants of the city and not litter the streets and alleys of the city.

A current paid receipt for collection services shall constitute a permit.

(Ord. 232, Sec. 2)

15-403 Application for permit.

Any person desiring to collect or transport his or her own trash over city streets shall make application for such purpose to the city sanitarian. Such application shall set forth the name of the applicant, the address of the applicant and the method of hauling and disposal site of such trash and waste material. Upon the city sanitarian being satisfied that the applicant will dispose of the trash in conformity with the terms and provisions of this article, he or she shall issue a permit to such applicant. Trash and garbage shall be removed from the premises a minimum of once each week.

(Ord. 232, Sec. 3)

15-404 Contracts.

The city governing body shall have the right to enter into a contract with any responsible person or other municipality, city or county, providing the contract shall provide for collection and disposal of all refuse within the city under the terms as specified in this article.

(Ord. 232, Sec. 4)

15-405 Cleanliness of streets, alleys and public places.

It shall be unlawful for any person to throw, place, deposit or allow to accumulate, leave or cause to be thrown, placed, deposited or left upon any sidewalk, gutter, street, alley, thoroughfare, park, other public grounds or any city owned property, any garbage, trash, castoff machinery, abandoned automobile bodies, tires, junk, filth, dirt or litter of any kind except by deposited in the same in containers provided specifically for such purpose.

(Ord. 232, Sec. 5)

15-406 Construction areas and special conditions.

(a)Construction Areas. Nothing in this article shall prevent any person under a permit from the city from encumbering the streets or alleys with building materials or earth as may be necessary for the purpose of construction, erection, adding to, remodeling or repairing any building or structure or resulting from demolition operations; provided however, that in the event of such encumbering of the streets and 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 and alleys in the same condition that they were prior to such use thereof.

(b)Construction and Demolition Operations. Nothing else here contained in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers, and other private contractors, whose operations result in the accumulations of refuse, from hauling and disposing of accumulations of trash and rubbish resulting from their own operations, provided they shall, at all times, comply with the regulations and provisions of this article.

(c)Unusual Situations. In situations which are not contemplated or considered by the terms and conditions of this article, the city sanitarian shall have the power and the authority to grant special rights and privileges on a temporary basis for the collection, hauling and disposal of trash and garbage where such special privileges are required in order to maintain the health and sanitation of the city and its inhabitants or such right and privilege is required to avoid the creation of a public nuisance.

(Ord. 232, Sec. 6)

15-407 Method of disposal.

All refuse shall be collected in the city and disposed thereof by a sanitary landfill method or by other approved method at an approved method at an approved place provided by Osborne County or an adjoining county.

(Ord. 232, Sec. 7)

15-408 Ownership of refuse.

Ownership of refuse materials, when placed in the containers by the occupants or owners and removed from the premises where located shall become vested in the contractor and subject to his or her exclusive control thereafter.

(Ord. 232, Sec. 8)

15-409 Burning.

(a)Fires on Public Property. It shall be unlawful for any person to kindle or maintain any bonfire or any rubbish fire or authorize any such fire to be kindled or maintained on or in any public sidewalk, street, alley, road or other public ground, except in authorized fireplaces in park locations, unless permission from the fire department shall have been first obtained.

(b)Fires on Private Property. No person shall kindle or maintain any bonfire, rubbish fire or trash fire not permit any such fire to be kindled or maintained on any private property within any established fire limits of the city except as authorized by the governing body of the city.

(c)Obligations of Occupants: Burning Refuse. Every owner or occupant of a dwelling or commercial establishment shall keep his or her premises in a clean and sanitary condition and free from any accumulations of garbage, rubbish, trash or the type of refuse, and each owner or occupant of any such premises shall dispose of all garbage and trash and other refuse in a clean and sanitary manner by placing such refuse in an approved storage container at times and places hereinafter described.

(Ord. 232, Sec. 9)

15-410 Burying and burning garbage.

It shall be unlawful for any person to bury any garbage as herein defined on public or private property within the city. No garbage or other materials described herein as garbage shall be burned at any time within the city.

(Ord. 232, Sec. 10)

15-411 Storage of trash and garbage.

Garbage and trash may be placed in the same storage container, but all garbage shall be drained and wrapped before placing the garbage in the container as herein provided.

(Ord. 232, Sec. 11)

15-412 Large volume and items of refuse.

Trash, such as leaves, tree limbs, grass clippings and other large volumes of trash, not suitable to be placed in the containers, shall be piled at the direction of the city sanitarian at a point convenient for pickup by the contractor. These special materials requiring special hauling may be picked up by the contractor or any other person who may be hired to perform the job, all after negotiation with the contractor.

(Ord. 232, Sec. 12)

15-413 Storage containers.

It shall be the duty of every person in possession, charge or control of any place, premises, dwelling, commercial establishment, building or structure from which garbage or trash accumulates in the city to provide or cause to be kept or provided suitable containers or enclosures for holding and storing such garbage, trash or other refuse. Such containers or enclosures shall be windproof, water tight, fire resistant and shall be provided with a tightly fitted cover or lid, shall be of sufficient size to hold accumulations of refuse but shall not exceed 30 gallons capacity and shall be kept closed at all times except when dumping garbage or trash therein or when taking garbage and trash therefrom, unless the governing body of the city approves some other type of container for storage specifically.

The governing body, upon the recommendation of the city sanitarian, may prescribe the type and size of containers in which refuse may be stored by owners and occupants of premises.

(Ord. 232, Sec. 13)

15-414 Location of storage containers.

Containers for the storage of refuse shall be placed and kept by the occupants of premises in the following locations:

(a)All dwellings and commercial establishments shall place the containers at a suitable, accessible location or at such location as may be designated by the city sanitarian. Alley lines are preferred, and street curbs are acceptable as alternate locations.

(b)All bulk containers placed by the city or designated agent shall be approved by the city sanitarian for location.

(c)All containers or enclosures shall be maintained in a clean and sanitary manner by the person or persons in possession of the premises which the container or containers service.

(Ord. 232, Sec. 14)

15-415 Time of collection.

The contractor shall collect and remove garbage and trash and other refuse form the designated containers a minimum of once each week and where more frequent collection is necessary, frequency shall be determined by the governing body of the city, its designee and the contractor. Provided that large objects of non-putrescible material which cannot be placed in packer trucks shall be collected and removed at least once each month.

(Ord. 232, Sec. 15)

15-416 Charges for collection and disposal.

The city in providing the service of collecting and disposing of all refuse accumulated within the city for the purpose of preventing unsanitary, unsightly, hazardous, unhealthful and dangerous conditions caused by the accumulation of garbage and trash, shall establish and collect a service charge for fee to defray the cost and maintenance of service and to pay to any person contracting with the city for the collection and disposal of refuse, the fees and charges provided by the contract for the collections and disposal thereof.

The following schedule of charges is hereby established as reasonable and in accordance with the volume of refuse handled form the following classifications of residences, dwellings and commercial establishments, to-wit:

(a)For each single-family dwelling or each unit of a multiple-family dwelling containing four or less dwelling units $6.20 per month for each dwelling unit where container service is provided. Such fee includes the Osborne County landfill fee.

(b)For each commercial establishment, a minimum of $3.50 per month, for county landfill fees to be collected by the city clerk, and such other fees for collection service as negotiated by the contractor and owner or generator of the commercial establishment. In no event shall the fee for collection service be less than $1 per week and as approved by the governing body, such negotiated fees to be collected by the contractor.

(c)For multiple-family dwellings containing more than four dwelling units, the charge or fee shall be established be the city sanitarian with the approval of the governing body and based upon the volume of refuse or the time expended in collection and disposal thereof in the same manner as for commercial establishments.

(d)Mobile home courts shall be charged fees to be established in the same manner and at the same rate as commercial establishments; however, where each mobile home is serviced individually, the normal residential charge of $6.20 per month shall apply.

(Ord. 232, Sec. 16)

15-417 Collection and billing.

All fees and charges provided for by this article except as herein provided, shall be collected by the city clerk of the city and such charges shall be added to and noted on the monthly utility bills sent to all customers and users of city utilities and shall be paid in the same manner and at the same time as utility bills. Persons shall be billed separately at the end of the month and all fees and charges shall be paid on or before the 10th day of the following month. If such fees and charges are not paid as above provided, the collection of refuse from the premises of the person thus failing to pay shall, at the option of the city, be discontinued by notifying the contractor in writing of such action and such collection shall not be resumed until all collection charges against the premises shall have been paid. The discontinuance of service by the city for nonpayment of the refuse collection fee shall not relieve any person of his or her responsibility and obligation to abide by the terms of this article regarding the removal of garbage, trash and refuse.

(Ord. 232, Sec. 17)

15-418 Additional rules.

Additional rules and regulations not inconsistent with the terms and provisions of this article may be promulgated and enforced by the city sanitarian with the approval of the governing body of the city.

(Ord. 232, Sec. 18)

15-419 Monthly utilization charge.

That a monthly landfill utilization charge shall be levied against each residential dwelling unit, each commercial service, institutional and/or industrial establishment in accordance with the following schedule:

(a)Residential Occupied Household: $2.00

(b)Repair Shops: $6.25

(c)Grocery Stores : $12.50

(d)Meat Processors: $6.25

(e)Post Office: $6.25

(f)City Office: $6.25

(g)Service Stations: $12.50

(h)Churches: $3.75

(i)Schools: $12.50

(j)Offices/non-government: $3.75

(k)Banks: $12.50

(l)Eating and Drinking Establishments: $12.50

(m)Retail Stores: $6.25

(n)Hair Salons: $3. 75

(o)Veterans and Community Services: $6.25

(p)Laudromats: $3.75

(q)Grain Elevators: $6.25

(r)Other Retail and Service establishments not classified: $6.25

(Ord. 276; Code 2020)