CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 3. SOLID WASTE

The City of Deerfield is hereby authorized to establish, provide and operate a garbage and rubbish collection service for the city.

(Ord. 90-4, Sec. 1)

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 one individual dwelling units;

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

(f)   Residence. Any structure or facility or part thereof, that is an independent dwelling unit;

(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 or rubbish and trash.

(Code 1985; Ord. 90-4, Sec. 1)

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. Rubbish and garbage collection services shall be provided only within the city limits of the city. Tree stumps, tree trimmings, and limbs over six feet in length, and of weight in excess of 50 pounds or more than three inches in diameter, whether such tree trimming was performed by professional tree trimmers or by any person, shall not be collected by the city, its employees or its contractors.

(Code 1985; Ord. 90-4, Sec. 1)

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste. It shall be unlawful for any person to collect or haul over the city streets in the City of Deerfield any trash, garbage or refuse unless such person shall have a contract with the City of Deerfield. This section shall not apply to departments of the city government, provided 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, 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.

(Code 1985)

The contractor shall collect and remove garbage and trash and other refuse from the residential districts and commercial establishments one day each week. Large objects of non-putrescible material which cannot be placed in packer trucks shall be collected and removed at least once each month.

(Code 1985)

The contractor shall collect all refuse and dispose of it by a sanitary landfill method or by other approved method at a place provided by the contractor and approved by the governing body and State Board of Health.

(Code 1985)

The owner, or occupant of every dwelling unit or commercial enterprise shall be responsible for placing refuse in containers, Plastic bags shall be used, and shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.

(Code 1985)

Containers for the storage of refuse shall be placed by the city.

(a)   The city shall place the containers at a suitable alley or at such other location as may be designated by the city if such an alley is not available or adjacent to the property. Where no alley is available the city may designate the proper place at which to keep the storage containers.

(b)   All containers shall be maintained in a clean and sanitary manner by the person or persons which the container or containers serve.

(Code 1985)

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 lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leakproof and weather proof construction.

(Code 1985)

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 1985)

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 1985)

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

(Code 1985)

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 of person controlling same.

(Code 1985)

(a)   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 construction, erection, adding to, remodeling, or repairing of any building or structure or resulting improvements. However, 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.

(a)   Nothing else 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.

(Code 1985)

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 1985)

It shall be unlawful for any person to:

(a)   Interfere in any manner with employees of the city or its contractors in the collection of solid waste;

(b)   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;

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

(Code 1985)

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 1985)

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 1985)

In situations which are not contemplated or considered by the terms and conditions of this article, the city superintendent 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.

(Code 1985)

(a)   Each residence located within the city limits, or within one-half (1/2) mile outside the city limits, receiving garbage, refuse, rubbish or trash (collectively referred to in this section as solid waste) collection service shall be charged a service fee of Thirteen Dollars ($13.00) per month for such service.

(b)   Multi-family dwelling units located within the city limits, or within one-half (1/2) mile outside the city limits, receiving the services specified in subsection (a), shall be charged a service fee of Thirteen Dollars ($13.00) per month for each dwelling unit.

(c)   Each business or commercial enterprise located within the city limits, or within one-half (1/2) mile outside the city limits, receiving solid waste collection service shall be charged a service fee of Eighteen and 50/100 Dollars ($18.50) per month for such service.

(d)   Residences and businesses receiving solid waste collection service more than one half (1/2) mile outside the city limits shall be charged a service fee of Thirty-five Dollars ($35.00) per month for such service.

(e)   Any resident of the city requesting the use of a city dump truck for the purpose of loading solid waste shall be charged a fee of Thirty Dollars ($30.00) per day.

(f)   Any resident of the city requesting the use of a dumpster on a temporary basis shall be charged a fee of Thirty Dollars ($30.00) for each time solid waste is collected by the city.

(g)   A deposit fee of One Hundred Dollars ($100.00) per dumpster shall be charged for any dumpster placed outside the city limits.

(h)   A fee of One Hundred Dollars ($100.00) per hour, or any fraction thereof, shall be charged by the city if the city is required to pick up, gather, or otherwise collect solid waste not properly placed in, or overflowing out of, a city dumpster.

(Code 2008)

Solid waste charges shall be billed monthly and shall be included on water or utility bills. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as water bills. Owners of all property rented or leased to others shall be responsible for the payment of garbage and rubbish collection service fees assessed against their renters, lessees, or tenants when they are in arrears, and shall be charged therefor.

The fees charged for the collection of garbage and rubbish and charged for water and sewer service in the city are hereby declared to be parts of one debt to the city insofar as the same affect any one consumer and the refusal or failure to pay any part of such debt for any monthly period of service in accordance with the rules and regulations established by the governing body of the city shall be sufficient cause for discontinuing water services. The garbage and rubbish collection service shall be charged to either the water and/or sewer bill of any person receiving the garbage and rubbish collection service.

(Ord. 90-4, Sec. 1)

(a)   In the event any person, except the United States and the state of Kansas or any political subdivision thereof, shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15-120:126.

(a)   In lieu of terminating water service, the governing body may elect to assess such delinquent charges as a lien upon the real estate serviced and the city clerk shall certify such delinquent charges to the county clerk to be placed on the tax roll and collected in like manner as other taxes are collected.

(Code 1985)

If any part or parts of this article shall be held or determined to be unconstitutional, illegal, ultra vires, invalid or void, the same shall not be held or construed to change, annul or invalidate any of the remaining provisions of this article.

(Ord. 90-4, Sec. 4)