Chapter XV · Utilities

Article 5. Solid Waste

Sections 15-501 to 15-525 · 25 sections

15-501 Definitions.

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a)Commercial Waste. All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, 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. 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 four individual dwelling units;

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

(f)Residential. Any structure containing four or less individual dwelling units, rooming houses having no more than four persons in addition to the family of the owner or operator, and mobile homes;

(g)Rubbish or Trash. All nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, stumps, boxes, wood, 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, rubbish or trash.

(Ord. 288, Sec. 1; Code 1993)

15-502 Collection.

All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of solid waste.

(Ord. 288, Sec. 2; Code 1993)

15-503 Contracts.

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.

(Ord. 288, Sec. 3; Code 1993)

15-504 Duty of owner, occupant.

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. 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. 288, Sec. 9; Code 1993)

15-505 Containers.

(a)Residential containers shall have a capacity of not more than 32 gallons. They shall be of galvanized metal 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. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.

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

(1)All dwellings shall place the containers at a suitable location at the edge of an adjacent alley or at such other location as may be designated by the city sanitarian, if such an alley is not available or adjacent to the property.

(2)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.

(3)No containers shall be set on the curb before 6:00 p.m. in the evening preceding day of pickup and shall be off the curb by 8:00 p.m. the evening of pickup.

(Ord. 288, Secs. 10, 12; Code 1993)

15-506 Bulk containers.

On premises where excessive amounts of refuse accumulates or where cans or bags are impractical bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lis shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leak-proof and weather proof construction.

(Code 1993)

15-507 Enter private premises.

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.

(Code 1993)

15-508 Ownership of solid waste.

Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.

(Code 1993)

15-509 Wrapping garbage.

All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.

(Code 1993)

15-510 Heavy, bulky waste.

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same.

(Code 1993)

15-511 Hazardous materials.

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:

(a)Explosive materials;

(b)Rags or other waste soaked in volatile and flammable materials;

(c)Chemicals;

(d)Poisons;

(e)Radio-active materials;

(f)Highly combustible materials;

(g)Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;

(h)Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

(Code 1993)

15-512 Prohibited practices.

It shall be unlawful for any person to:

(a)Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the 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 contractors in the collection of solid waste;

(c)Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;

(d)Bury refuse at any place within the city except that lawn and garden trimmings may be composted.

(e)Allow to accumulate in any part of any building, or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building, any rubbish, trash, waste paper, excelsior, empty boxes or barrels.

(f)Deposit or stack any hay or straw within 500 feet of any building located in the fire limits;

(g)Not keep packing material in metal or wood metal-lines bins having self-closing or automatic covers. Refuse from rooms where packing or unpacking is done shall be removed daily.

(h)To store ashes inside of any non-fireproof building unless they be stored in an incombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and combustible material. Ashes shall not be stored outside of any buildings in wooden receptacles or dumped in contact with or in close proximity to any combustible material.

(Ord. 224, Secs. 1:4; Code 1993)

15-513 Objectionable waste.

Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article.

(Code 1993)

15-514 Unauthorized disposal.

No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment.

(Code 1993)

15-515 Private collectors; license required.

(a)It shall be unlawful for any person, except an employee of the city specifically authorized for that purpose, to collect or transport any solid waste within the city, without securing a license from the city.

(b)Nothing herein shall be construed to prevent a person from hauling or disposing of his or her own solid waste providing it is done in such a manner as not to endanger the public health or safety or not to become an annoyance to the inhabitants of the city, and not to litter the streets and alleys of the city.

(Ord. 228, Sec. 4; Code 1993)

15-516 Same; application.

Any person desiring to collect or transport solid waste within the city shall make application for a license to the city clerk. The application shall set forth the name and address of the applicant, the make and type of vehicle to be operated for collecting and transporting solid waste. The application shall be accompanied by a certificate of inspection and approval of said vehicle by the county health officer issued not more than 15 days prior to the date of application.

(Ord. 228, Sec. 5; Code 1993)

15-517 Same; fee.

No license shall be issued unless the applicant shall pay to the city clerk the sum of $_____ per annum for each vehicle used in the collection and transportation of solid waste. The permit shall be effective only for the calendar year and shall expire on December 1st of the calendar year in which said permit is issued.

(Code 1993)

15-518 Same; number to be displayed.

The city clerk shall issue a license receipt together with a number, which shall be painted on each vehicle. Said number shall be conspicuously placed upon the vehicle in a place and position to be clearly visible and in a condition to be clearly legible. The number shall be used only on the vehicle for which it is issued.

(Code 1993)

15-519 Closed vehicle.

Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition. Vehicle shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys.

(Code 1993)

15-520 Rules and regulations.

The collection and transportation of trash and waste materials shall be at all times under the general supervision of the mayor or his or her duly authorized agent, who shall have the authority by and with the consent of the governing body to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the city, and providing for a proper fee to be charged to the customer.

(Code 1993)

15-521 Failure to secure license.

Any person who shall conduct or operate within the city limits any vehicle for the purpose of collecting and transporting solid waste without first obtaining a license as required by this article or who shall violate the terms and provisions of this article shall be deemed guilty of a violation of this code and upon conviction thereof shall be punished as provided in section 1-116.

(Code 1993)

15-522 Charges.

The city shall establish and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste within the city.

(Code 1993)

15-523 Same; fee schedule.

That monthly rates for trash service furnished by the City of Galva, Kansas to residents or business, are hereby affixed according to the following classifications:

(a)Poly cart fees

One cart$13.00

Two carts$20.00

Three carts$32.00

Four carts$43.00

(Ord. 318; Ord. 321; Ord. 328; Ord. 333; Ord. 336; Ord. 342; Ord. 350; Ord. 359; Code 2018; Ord. 373; Ord. 379; Ord. 381; Ord. 382; Ord. 384; Ord. 390; Ord. 400; Ord. 403)

15-524 Billing.

All fees and charges provided for by this article 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 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.

(Ord. 288, Sec. 17)

15-525 Same; delinquent account.

In the event the owner or occupant of any property shall fail to pay the solid waste bills within 60 days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bills to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected.

(Ord. 288, Sec. 17; K.S.A. 65-3410; Code 1993)