There is hereby established a refuse collection system for the City of Bird City, Kansas.

(Ord. 360; Ord. 362; Ord. 363)

The following terms used in this article shall have the meanings ascribed to them in this section.

(a)   Commercial Waste -- All solid waste emanating from establishments engaged in business including, but not limited to, stores, markets, office buildings, restaurants, motels, shopping centers, theaters, hospitals, governments and nursing homes.

(b)   Dwelling Unit -- Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters.

(c)   Garbage -- Putrescible waste resulting from the handling, processing, storage, packaging, preparation, sale cooking and serving of meat, produce and other foods and shall include unclean containers.

(d)   Multi-Family Unit -- Any structure containing more than one single dwelling unit.

(e)   Refuse -- All garbage and/or rubbish or trash.

(f)   Residential -- Any multi-family unit or single dwelling unit and mobile homes.

(g)   Rubbish or Trash -- All non-putrescible materials such as paper, tin cans, bottles, glass, crockery, rag, ashes, lawn and tree trimmings, tree branches, limbs, trunks and stumps, boxes and barrels, wood and excelsior, street sweepings and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations.

(h)   Single Dwelling Unit -- An enclosure, building, or portion thereof occupied by one family as living quarters.

(i)    Solid Waste -- All non-liquid garbage or rubbish and trash.

(Ord. 211; Code 1998, 6-102; Code 2022; Ord. 360; Ord. 362; Ord. 363)

(a)   The owner or occupant of every dwelling unit or commercial enterprise shall provide at his own expense a suitable container for the storage of solid waste as provided in this article: Provided, however, that where special commercial containers are provided by the city or contractor, they may be leased at a monthly fee fixed by governing body or contractor subject to approval of the governing body.

(b)   The owner or occupant of every dwelling unit or commercial enterprise shall bag all solid waste prior to placing such solid waste into the container for the storage of solid waste as provided in this article, and all such bags shall have a capacity of not more than thirty (30) gallons. Refuse in bags with a capacity exceeding thirty (30) gallons shall not be removed.

(c)   No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.

(Ord. 211; Code 1998, 6-103; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Residential containers shall not have a collective capacity of more than ninety (90) gallons. They shall be of galvanized iron or other non-rusting material of substantial construction. Each container shall have a tight-fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. All garbage shall be drained of all liquids before being placed in containers.

(Ord. 211; Code 1998, 6-104; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Containers for commercial waste shall be of such size and construction as shall be determined by the Mayor of the City or the contractor, if any, and Mayor of the City.

(Ord. 211; Code 1998, 6-105; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Refuse materials, when placed in containers by the occupants or owners of the premises upon which the same are located, shall be subject to the exclusive control of the city, its agents or contractors and no person shall meddle with refuse containers or in any way pilfer or scatter the contents thereof.

(Ord. 211; Code 1998, 6-107; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Refuse placed in an improper container shall not be collected. Rocks, dirt, sod, concrete or building materials are not considered normal household wastes and will not be removed.

(Ord. 211; Code 1998, 6-108; Code 2022; Ord. 360; Ord. 362; Ord. 363)

(a)   All solid waste containers shall be stored upon private property unless the owners all have been granted written permission from the city to use public property for such purpose.

(b)   All solid waste containers shall be placed in the alley closest to each dwelling unit, in a location which will not impact the flow of traffic through such alley, prior to 8:00 a.m. on the day of collection. In the event a dwelling unit does not have alley access, solid waste containers shall be placed on the curb next to the street closest to such dwelling unit prior to 8:00 a.m. on the day of collection.

(c)   Solid waste in containers not placed in the location specified in this section at or before the time specified in this section shall not be collected unless prior approval has been obtained from the City.

(d)   The City reserves the right to designate the location of containers for solid waste collection.

(Ord. 211; Code 1998, 6-109; Code 2022; Ord. 360; Ord. 362; Ord. 363)

The City shall provide for the collection of all solid waste in the city: provided, however, that the city may provide the collection service by contracting with a person, firm, 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. 211; Code 1998, 6-110; Code 2022; Ord. 360; Ord. 362; Ord. 363)

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. 211; Code 1998, 6-111; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Solid waste 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 City or the contractor, if any, and Mayor of the City.

(Ord. 211; Code 1998, 6-112; Code 2022; Ord. 360; Ord. 362; Ord. 363)

All vehicles used for the collection and transportation of solid waste shall be fully enclosed or capable of being securely covered. All such vehicles shall be maintained in a safe, clean, sanitary condition and shall be operated in such a manner as to prevent spillage therefrom.

(Ord. 211; Code 1998, 6-113; Code 2022; Ord. 360; Ord. 362; Ord. 363)

All solid waste, including trees, leaves, grass and wooden items, shall be disposed of at a site approved by the city and holding a valid permit from the Kansas Department of Health and Environment. Such disposal site shall be operated in a manner consistent with regulations adopted by the county and city officials, and standards fixed by the state and federal government.

(Ord. 211; Code 1998, 6-114; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Rocks, dirt, sod, concrete and building material shall be disposed of only on sites and in a manner approved by the County Solid Waste Committee and in accord with standards fixed by the state and federal government.

(Ord. 211; Code 1998, 6-115; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Any person, firm or corporation who from time to time may desire to dispose of unwanted objects, furniture, appliances, trash, litter or other solid waste shall dispose of such refuse by delivering it, or having it delivered, to an approved disposal site to be disposed of in the same manner as provided for ordinary residential or commercial waste.

(Ord. 211; Code 1998, 6-116; Code 2022; Ord. 360; Ord. 362; Ord. 363)

No person, firm or corporation shall engage in the business of collecting, transporting, processing or disposing of solid waste 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 said person, firm or corporation.

(Ord. 211; Code 1998, 6-117; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Each applicant for a permit shall file an application on forms to be approved by the Mayor and City Council. 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 Mayor and City Council require.

(Ord. 211; Code 1998, 6-118; Code 2022; Ord. 360; Ord. 362; Ord. 363)

All permits issued as provided in this article 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. 211; Code 1998, 6-119; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Each application for a permit shall be accompanied by a fee of Five Dollars ($5.00) for each vehicle. All application fees shall be refunded if the application for a permit is denied.

(Code 1998, 6-120; Code 2022; Ord. 360; Ord. 362; Ord. 363)

No permit shall be issued to any person, firm or corporation as provided in Section 15-517 until said applicant shall have filed a certificate of insurance written by a company licensed to do business in Kansas provided public liability insurance covering all operations and all vehicles operated by the applicant. Such policy shall provide not less than One Hundred Thousand Dollars ($100,000.00) for any injury or death of any me person and Three Hundred Thousand Dollars ($300,000.00) for the injury or death of any number of persons in any one accident and with a property coverage of not less than Fifty Thousand Dollars ($50,000.00) for any one accident. Such policy may be written to allow the first One Hundred Dollars ($100.00) of property damage to be deductible. Said certificate of insurance shall provide that it cannot be canceled until ten (10) days after written notice of such cancellation has been filed with the city clerk.

(Ord. 211; Code 1998, 6-121; Code 2022; Ord. 360; Ord. 362; Ord. 363)

All permits issued under this article shall expire on December 31 each year. A permit may be renewed for a period of one year upon payment of the annual license fee and filing a certificate of insurance as provided in Section 15-521.

(Ord. 211; Code 1998, 6-122; Code 2022; Ord. 360; Ord. 362; Ord. 363)

A permit issued under this article may be revoked for the violation of any terms of this article or regulations of the governing body of aid city: Provided, however, that no permit shall be revoked until the holder of such permit have been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this article or regulation issued by the governing body of aid city.

(Ord. 211; Code 1998, 6-123; Code 2022; Ord. 360; Ord. 362; Ord. 363)

(a)   The City shall establish and collect a service charge and fee to defray the cost and maintenance of the collection and disposition of solid waste within the city including, but not limited to, the disposal of refuse in a county landfill.

(b)   The monthly fee for the once weekly collection and disposition of solid waste from residential dwelling units located within the corporate limits of the city of Bird City shall be $22.00 for up to three (3) thirty (30) gallon bags or a collective capacity of ninety (90) gallons. Additional fees may be charged for solid waste collection in excess of such amount. Solid waste in excess of such amount may not be collected without prior authorization from the City.

(c)   Commercial refuse fee shall be $42.00 per month for containers smaller than three (3) yard dumpsters for collection once weekly. Each additional weekly collection shall incur an additional $42.00 monthly charge. PROVIDED, however, that in no case shall such commercial refuse service charges be less than the charges for collection and disposition of solid waste from residential dwelling units.

(d)   The monthly fee for each three (3) yard dumpster shall be $65.00 per month for collection once weekly, regardless of whether such three (3) yard dumpster is located upon a residential property or a commercial property. Each additional weekly collection shall incur an additional $65.00 monthly charge.

(Ord. 211; Code 1998, 6-124; Ord. 335; Code 2022; Ord. 360; Ord. 362; Ord. 363; Ord. 366)

A request for water service or an existing connection with water service shall automatically constitute a request for refuse service. Termination of water service shall not relieve any owner or occupant of any residence or commercial enterprise from the responsibility of complying with the provisions of this article.

(Ord. 211; Code 1998, 6-125; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Upon written verified annual application being made to the City Clerk’s office requesting either continuous or seasonal water to be utilized solely in the care of livestock or for irrigation purposes, the City Council for good cause shown, can waive the refuse collection fees. Additionally, upon written verified application to the City, the City Council can consider other special circumstances that might warrant waiver of the refuse collection fees. Any waiver of collection fees will be limited to one year, from March to March, and subject to renewal only upon written verified application being resubmitted.

(Ord. 360; Ord. 362; Ord. 363)

Bills for refuse service shall be rendered monthly at the same time as bills for sewage and water service are rendered. Such bills shall be collected as a combined bill for refuse, sewage and water service.

(Ord. 211; Code 1998, 6-126; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Any person, firm, or corporation at the time of beginning or terminating service who receive service for a period of less than eighteen (18) consecutive days shall be billed at one-half (1/2) of the regular monthly rate. For service of eighteen (18) consecutive days or more the charge shall be at the full monthly rate.

(Ord. 211; Code 1998, 6-127; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Failure to pay refuse service charges in full within thirty (30) days of the date shown on the combined refuse, sewage and water bill will cause water service to the property to be terminated. A fee of Twenty-Five Dollars ($25.00) shall be charged to reinstate water service.

(Ord. 211; Code 1998, 6-128; Code 2022; Ord. 360; Ord. 362; Ord. 363)

It shall be unlawful for any person, firm or corporation to:

(a)   Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of such owner and/or with the intent of avoiding payment of the refuse service charge;

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

(c)   Dispose of solid waste in an unapproved site.

(Ord. 211; Code 1998, 6-129; Code 2022; Ord. 360; Ord. 362; Ord. 363)

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

(Ord. 211; Code 1998, 6-130; Code 2022; Ord. 360; Ord. 362; Ord. 363)

Any person, firm or corporation violating any of the provisions of this article shall be guilty of a violation and upon first conviction shall be fined $50 and upon all subsequent convictions be fined $100; provided, that each day’s violation shall be a separate offense.

(Ord. 211; Code 1998, 6-131; Code 2022; Ord. 360; Ord. 362; Ord. 363; Ord. 371)