For the purposes of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not consistent 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 merely directive.

(a)   Food Wastes. Animal, vegetable or mineral matter derived from the preparation or packaging of food stuffs.

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

(c)   City. Area within the corporate limits of Harveyville.

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

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

(f)    Contractor. A person with whom the County has contracted to collect and dispose of refuse.

(g)   County. All area within the political boundaries of Wabaunsee County, Kansas.

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

(i)    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 a separate dwelling unit for purposes of billing.

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

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

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

(Ord. 159, Sec. 1)

All refuse accumulated in the city shall be collected, conveyed and disposed of by the contractor authorized by the county to provide the services. 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 or county, provided that this section shall not apply to departments of the city or county governments; 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 to litter the streets and alleys of the city and after having obtained a permit from the city sanitarian, to be approved by the governing body of the city, to so haul and dispose of his or her own trash.

(Ord. 159, Sec. 2)

Any person desiring to collect or transport his or her own trash over city streets shall make applications for such purpose to the city sanitarian. Such application shall set forth the name of the applicant, the address of the applicant, the method and site of hauling and disposal of such trash and waste material, and a description of the equipment to be used in transporting such 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, and after approval of the application by the governing body, 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. 159, Sec. 3)

The 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. 159, Sec. 4)

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 other 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. 159, Sec. 5)

It shall to 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, cast-off machinery, abandoned automobile bodies, tires, junk, filth, dirt or litter of any kind except by depositing the same in containers provided specifically for such purpose.

(Ord. 159, Sec. 6)

(a)   Construction Areas. That nothing in this article shall prevent any person under a written permit from the city from encumbering the streets or alleys within 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 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 street or alley in the same condition that they were in prior to such use thereof.

(b)   Construction And Demolition Operations. No provision of 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. 159, Sec. 7)

The contractor shall collect all refuse in the city, pursuant of his or her contract, and dispose thereof by a sanitary landfill method or by other approved method at an approved place provided by the contractor.

(Ord. 159, Sec. 8)

Ownership of refuse materials, when placed in the containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city, and shall thereafter be subject to the exclusive control of the city, its employees or contractors.

(Ord. 159, Sec. 9)

(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 fire places in park locations, unless permission from the fire department shall have first been obtained.

(b)   Fires on Private Property. No person shall kindle or maintain any bonfire, rubbish fire or trash fire nor permit any such fire to be kindled or maintained on any private property within the established fire limits of the city except in an incinerator properly and safely constructed within a structure and approved by the fire department of the city. No person shall kindle or maintain nor permit to be kindled within the city any bonfire, rubbish fire, or trash fire unless such fire shall be contained in an incinerator constructed and located in accordance with requirements of the fire department.

(Ord. 159, Sec. 10)

It shall be unlawful for any person to bury any garbage as herein defined on public property or private property without first having obtained a permit from the city sanitarian. No garbage or other materials described herein as garbage shall be burned at any time except in an incinerator or other appliance constructed specifically for such purposes and approved by the fire department, and equipped with a flue, chimney, or smokestack which will carry the smoke and odors therefrom above surrounding rooftops.

(Ord. 159, Sec. 11)

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. 159, Sec. 12)

Items 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.

(Ord. 159, Sec. 13)

It shall be the duty of every person in possession, charge or control of any place, premises, dwellings, 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 wind proof, 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 or trash therefrom. Solid waste materials may also be placed for removal in plastic bags, or bags of other similar material, secured tightly at the top with an approved fastener, provided the type of material placed therein is of a type that will not damage the bag and cause leakage and lifter.

(Ord. 159, Sec. 14)

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 location as hereinafter designated.

(b)   Containers shall be placed along the edges of alleys, where alleys run along the rear of the property which are surfaced in such a manner to allow the contractor’s collection equipment to operate with ease under all types of weather conditions. Where no alley exists, or where it is not properly all weather surfaced, the containers shall be kept at the rear of the premises but placed on the street parking, in front of the premises (or at the side on corner lots if requested by the contractor) on collection days. After the containers are emptied by the contractor they shall be returned by the occupant of the premises to the rear of the premises within 24 hours. Under unusual circumstances the city sanitarian may designate the place where containers are kept.

(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 serve.

(Ord. 159, Sec. 15)

The contractor shall collect and remove garbage and trash and other refuse from the residential districts once each week.

(Ord. 159, Sec. 16)

The City, in providing the service of collecting and disposing of refuse accumulated within the city, at family dwelling units, 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 or fee to defray the cost and maintenance of service and to pay to any person contracting with the city or county for the collection and disposal of refuse, the charges provided by the contract for the collections and disposal thereof: and the following charge is established as reasonable and necessary:

For each single family dwelling unit: a charge fee of $13.50 per month for normal pickup, per dwelling unit; one polycart included in this amount per dwelling, and an additional charge of $1.50 per month per polycart, and an additional $2 per month per dwelling unit for the purpose of having a 40 yard dumpster in the city as needed.

(Ord. 209, Sec. 1; Ord. 236; Ord. 269; Ord. 274; Ord. 279; Ord. 306; Ord. 307; Code 2020)

All fees and charges provided for by this article shall be collected by the city clerk 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 other utility bills. Persons and establishments not connected with the municipal utilities shall be billed separately at the end of each month and all fees and charges shall be paid on or before the 15th 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, 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 non-payment 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. If such fees and charges are not paid when due, a late charge of five percent shall be added thereto and, if such fees, charges and penalties are not paid by the end of the month following the month for which the fees and charges are made, delivery of water through the pipes and mains of the city to such premises, may be discontinued until all delinquent charges, fees and penalties are paid in full.

(Ord. 159, Sec. 18; Ord. 296; Code 2020)