In accordance with K.S.A. Chapter 12, Article 21, there is hereby established a system for the collection and disposal of refuse by the City of Ellinwood, as a municipal function.
(Ord. 9801; Code 2022)
In order that the City may be kept clean and sanitary, it shall be unlawful for any person, firm or corporation to accumulate any refuse on their own premises or on public or private property adjacent thereto or to dispose of or remove refuse from their premises where accumulated, except as provided by this article or other ordinances of the city relating thereto.
(Ord. 9801; Code 2022)
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 more than four persons in addition to the family of the owner or operator, and mobile home;
(g) Rubbish or Trash. All nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings which have been cut in lengths not to exceed three feet (3’), stumps, boxes, wood, street sweepings and mineral refuse, ashes, consisting of residue from fires used for cooking and for heating buildings or for other lawful purposes, provided it has cooled. 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. 9801; Code 2022)
It shall be the duty of the owner or occupant of each premises in the City to dispose of-refuse as defined herein, all refuse shall be placed in containers provided by the City of Ellinwood, or in the case of commercial customers approved containers owned by the customer may be utilized.
(Ord. 9801; Code 2022)
All owners and/or occupants of premises within the City shall keep and maintain that portion of the alley or street adjacent to their premises free and clear of scattered portions of their refuse and other obstructions which in any manner would inhibit or prevent free access through such alley or street which would render the same dangerous for use by motor vehicles. Owner and/or occupants shall not block access to refuse containers with equipment utilized by City. City may deny refuse service at a premises if clear access is not provided.
(Ord. 9801; Code 2022)
Suitable and proper rules for the purpose of the accumulation and removal of refuse may be adopted by the sanitation officer subject to the approval of the Governing Body. Rules shall include but not limited to: the location of all refuse containers with the relation to the alley or street for collection; the time and frequency of collections, and the type of approved containers.
(Ord. 9801; Code 2022)
It shall be unlawful for any person to:
(a) Deposit solid waste in any container other than that provided by the City, or in container approved by the City.
(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) Deposit any solid waste in any container intended for City solid waste pickup without first making proper arrangements with City, regardless if they reside inside or outside the corporate limits of the City.
(f) Deposit in any solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include, but not limited to:
(1) Explosive materials;
(2) Rags or other waste soaked in volatile and flammable materials;
(3) Chemicals;
(4) Poisons;
(5) Radio-active materials;
(6) Highly combustible materials;
(7) Soiled dressings, clothing, bedding and/ or other wastes, contaminated by infection or contagious disease;
(8) Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.
(g) Deposit in any solid waste container heavy accumulations such as tree limbs, broken concrete, sand or gravel, automobile frames, and other bulky, heavy materials. Heavy and or bulky materials shall be disposed of at the expense of the owner or person controlling the same, unless special arrangements are made with the City.
(Ord. 9801; Code 2022)
The City of Ellinwood shall in accordance with the provisions of this article, collect and remove from the city all refuse meeting previous requirements which may be accumulated therein. No person, firm or corporation, other than such persons as may be employed by the city or who shall have an exclusive contract with the city for the purpose of collecting and removing refuse, shall collect or remove refuse from said city. Provided, that trees, building refuse, large household items, bedding, metal furniture and similar objects, may be hauled by private haulers by agreement between such hauler and the individual responsible for the removal of such objects, or by the City Solid Waste Department on days designated as special hauling days. Nothing herein shall preclude any resident from properly hauling and disposing of their own or others solid waste in accordance with Federal, State, and Local regulations. A resident who disposes of solid waste by other means other than City provided service is not relieve of the obligation to pay for solid waste charges as set forth by this or subsequent ordinances.
(Ord. 9801; Code 2022)
The city or its authorized contractor shall collect from the residential areas of the city, not less than twice weekly from May 1st to October 1st, and not less than once weekly all other times, and from the designated business routes and all food establishments of the city, not less than once weekly, or as required, all garbage and refuse, provided that it shall be the duty of any person in possession or control of any premises to place the containers required in a convenient location for collection, as designated by the City, whereby collections can be obtained without going into buildings, garages, locked gates or fenced yards near pets, except those persons who may be handicapped.
(Ord. 9801; Code 2022)
Patrons outside the city limits desiring refuse removal by the city shall be required to request such service from the City. A separate rate structure shall be established for service outside city limits by separate ordinance or resolution.
(Ord. 9801; Code 2022)
All business or dwelling premises with an active utility account will be required to pay for refuse service; however, if proof is provided that no solid waste is generated at such premises and that premises is not occupied, the charges for solid waste removal may be waived.
(Ord. 9801; Code 2022)
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not less than $25.00 or more than $500.00 or by imprisonment, and each day’s violation shall be deemed a separate offense.
(Ord. 9801; Code 2022)
Service charges to be paid each month at the same time as other utility services billed by the City. Service charges shall be fixed the City of Ellinwood. The classifications of all rates shall at all times be subject to review and revision by the Governing Body. Charges for commercial refuse removal shall be based upon the amount of refuse removed or upon the number of trips required, or both. Additional charges may be assessed for special pickup arrangements for items not specified by ordinance for disposal. The City Utility Billing Clerk shall prepare and render a bill for refuse removal services in like manner and as a part of the utility bills for water, electricity and sewer furnished by the city and shall, by virtue of the office, be the collector of all such accounts. All moneys so collected for refuse removal services shall be credited to a special account established for that purpose. Charges made hereunder for collection and disposal of refuse by the City of Ellinwood and charges made for water and electricity furnished by the City of Ellinwood are hereby declared to constitute one debt to the City in so far as such combined services shall be provided by any one customer, and the failure or refusal to pay any part of such combined account by the date due shall constitute sufficient cause for the City of Ellinwood to discontinue the water and/or electric services and refuse collection and disposal services to that customer.
(a) Residential solid waste fees within city limits.
Effective March 1, 2009, charges for refuse and solid waste services for all residential dwelling units within the City Limits shall be as follows:
Residential Rate $12.00 per month
A residential dwelling unit shall be a home, manufactured home or multi-family dwelling of four or less units, not including hotels or motels. Each unit of a multi-family dwelling shall be considered a separate dwelling unit for the purpose of billing.
(b) Commercial solid waste fees within city limits.
Charges for refuse and solid waste service for commercial customers within the City Limits will be based on volume and frequency of pickup. Rates for each commercial customer shall be established by Governing Body by separate resolution or ordinance.
(c) Residential Solid Waste fees outside city limits.
The City may, at its discretion, provide refuse collection services to residential customers outside the City Limits. If such service is provided, the refuse shall be picked up one time per week, and be billed monthly at $12.00 per month, plus $1.00 per mile measured from premises on the most direct public roadway to the City Limits. Any customer located less than a mile from City Limits shall not be charged a mileage fee.
(d) Commercial solid waste fees outside city limits.
The City may, at its discretion, provide refuse collection services to commercial customers outside the City Limits. If such service is provided, the charges will be set by mutual agreement between the City and customer based on volume and frequency of collection. The City Administrator and Solid Waste Director have authority to establish rates for each commercial customer outside City Limits.
(e) Reduced rates for senior citizens.
Reduced Rates for Senior Citizens. The City may, subject to Council approval, adopt policies and procedures for offering reduced solid waste fees to senior citizens subject to approved criteria.
(Ord. 9801; Ord. 9802; Ord. 2000-2; Ord. 2009-7; Code 2022)