Where used in this chapter, the following words and terms shall have the meaning ascribed to them in this section unless the context clearly requires otherwise:
A. 
"Cart"
means a wheeled container provided by the city or a contractor for accumulation, collection and disposal of residential refuse or recyclables and, when used with respect to storage or placement of residential refuse or recyclables for collection, includes throw-away containers whether provided by the city, a contractor or a customer.
B. 
"City"
means the city of Valley Center, Kansas, and includes any contractor as defined herein.
C. 
"City administrator"
means the city administrator of the city or his or her authorized designee.
D. 
"Contractor"
means any person or firm collecting, transporting and disposing of residential refuse or recyclables pursuant to a contract with the city.
E. 
"Customer"
means a person who has contracted with the city or a contractor for collection, transportation and disposal of residential refuse or recyclables.
F. 
"Garbage"
means any waste plant or animal material generated by or resulting from processing, preparation, storage, sale, or consumption of food or food products, and includes unclean containers.
G. 
"Hazardous waste"
means any material identified as such pursuant to 40 C.F.R. Part 261, as it may be from time to time amended.
H. 
"Multifamily"
means a structure consisting of or designed to include three or more dwelling units.
I. 
"Nonresidential,"
when used in conjunction with refuse or solid waste, means any premises not used exclusively for residential purposes.
J. 
"Nonresidential customer"
means a person who contracts with the city or a contractor for collection, transportation and disposal of refuse from any premises not used exclusively for residential purposes.
K. 
"Person"
means any natural person or any entity having the legal capacity to sue or be sued, including but not limited to corporations, partnerships and associations.
L. 
"Recyclables"
means any materials identified from time to time by the city as recyclable and generated in the same manner as residential refuse.
M. 
"Refuse"
means waste material of any kind or nature whatsoever, but does not include unusual or heavy waste, hazardous waste or recyclables as defined herein.
N. 
"Residential,"
when used in conjunction with refuse or recyclables, means that such materials:
1. 
Normally originate in a residential environment; or
2. 
Originate in a nonresidential environment, but are of such volume and character that they may be safely accumulated in carts and economically collected and transported by the same equipment and vehicles used for collecting residential refuse or recyclables; provided; that the term shall not be construed to refer to refuse or recyclables generated on a single property occupied by one or more multifamily structures.
O. 
"Rollout service"
means any collection requiring the collection person to enter upon private property to access a cart for collection.
P. 
"Single-family dwelling"
means a building or portion of a building which is designed for occupancy by one family unit, regardless of actual occupancy, but does not include any portion of a building designed for occupancy by three or more family units.
Q. 
"Solid waste"
means all refuse, unusual or heavy waste, hazardous waste, and, when collected in a container for disposal in bulk, grease produced from commercial processing or cooking of food.
R. 
"Throw-away container"
means a plastic or water-resistant paper bag, box, carton, can, crate or basket used for accumulation and disposal of residential refuse; provided, that the term shall not include a plastic bag and contents weighing more than thirty (30) pounds or any other container and contents weighing more than forty (40) pounds. No such container shall exceed thirty-six (36) inches in length or have any sharp, dangerous or noxious surface which may be harmful to a collector or other person. Throw-away containers shall be secured so that the contents thereof will not be blown or scattered about, become frozen to the ground or otherwise create a nuisance.
S. 
"Trash"
means any refuse other than garbage.
T. 
"Unusual or heavy waste"
means any waste which exceeds applicable weight limitations established by agreement of the city and any contractor, and any other waste the city administrator determines cannot be collected by regular collection service because of its dimensions, density, weight or potentially harmful nature, including ashes and cinders unless combustion thereof has been completely extinguished.
U. 
"Yard waste"
means waste vegetable material generated from maintenance of lawns, shrubs, trees and landscaping, including but not limited to grass clippings, leaves, weeds and tree limbs.
(Ord. 1216, § 1, 10-5-2010)
Except as otherwise provided in this chapter, each person in possession or control of any premises upon or from which refuse accumulates shall be required to subscribe for, use, and shall pay for, the regular refuse collection and disposal services provided by the city directly or by a city approved contractor. The owners or occupants of all residential property upon which refuse or rubble is produced or accumulated shall be given the type and frequency of services, according to the rates set forth by the city council and shall provide or cause to be provided one or more suitable containers for storing and disposing of such refuse or other solid waste. Such containers, when the contents thereof are required by this chapter to be collected by the city, shall be provided by the city directly or by a contractor.
(Ord. 1216, § 1, 10-5-2010; Ord. 1280, § 1, 10-21-2014)
The owner of each multifamily structure or mobile home park shall provide sufficient containers, meeting the requirements of this chapter, to contain all solid waste produced by the occupants of the premises during the collection period therefor, and shall ensure that all garbage, refuse and solid waste generated upon such property is deposited therein.
(Ord. 1216, § 1, 10-5-2010)
A. 
Except as otherwise provided in this chapter, it shall be unlawful for any person other than the city to collect or transport any solid waste through, over or across the streets and alleys of the city without first securing a permit for each vehicle used for such purpose.
B. 
No such permit shall be required for operation of a vehicle by a person who is:
1. 
Collecting or transporting residential refuse pursuant to a contract with the city;
2. 
Collecting or transporting solid waste generated on his or her own residential property; or
3. 
Collecting or transporting solid waste produced on premises occupied by such person or his or her employer.
C. 
Regardless of whether a vehicle permit is required hereunder, all such persons shall in all respects comply with this chapter when transporting solid waste, refuse or recyclables through, over or across the streets and alleys of the city.
(Ord. 1216, § 1, 10-5-2010)
Notwithstanding any other provision of this chapter, no person shall transport garbage on, over or across any street, alley or public grounds of the city unless the same is contained in a permitted vehicle or a watertight container secured so as to prevent such material or the odor thereof from escaping.
(Ord. 1216, § 1, 10-5-2010)
A. 
No person shall:
1. 
Collect or contract to collect residential refuse or recyclables from property located within the city unless authorized to do so by the city or a contractor;
2. 
Damage, deface, destroy, misappropriate or otherwise exert unauthorized control over a refuse or recyclables cart or the contents thereof;
3. 
Place, deposit or discard, or cause or permit to be placed, deposited or discarded, any solid waste in or upon any park, sidewalk, gutter, street, alley, or other city-owned or controlled property; provided, that this subsection shall not apply to persons erecting buildings or placing materials thereon under such regulations as may be established by this chapter or city employees in the performance of their duties;
4. 
Place, deposit or discard, or cause or permit to be placed, deposited or discarded, any residential refuse in a trash or refuse receptacle located in or upon any park, sidewalk, street, alley, or other city-owned or controlled property;
5. 
Unless authorized to do so by the city in writing, place, deposit or discard, or cause or permit to be placed, deposited or discarded, any solid waste or recyclables in a cart other than one assigned to such person's property; provided, that occupants of multifamily structures may use a common refuse container if the owner of such property has contracted for the collection thereof and agreed to be liable for the entire collection service charge therefor;
6. 
Remove any or all of the contents of a refuse or recyclables cart not located on or assigned to such person's property;
7. 
Place, deposit or discard, or cause or permit to be placed, deposited or discarded, any refuse upon private property, except in a container which complies with this article or specifications established from time to time by the city administrator pursuant to this article;
8. 
Upset any refuse or recyclables cart, spilling the contents thereof;
9. 
Place, deposit or discard, or cause or permit to be placed, deposited or discarded, any material other than refuse or recyclables in a cart provided for that purpose;
10. 
Place, deposit or discard, or cause or permit to be placed, deposited or discarded, materials weighing more than the maximum allowable weight, as established from time to time by the city administrator, in a cart;
11. 
For any reason, fail or refuse to comply with Section 7.12.020;
12. 
Contract with any person other than the city for collection and disposal of residential refuse or recyclables; or
13. 
Place, deposit or discard, or cause or permit to be placed, deposited or discarded, any refuse outside of any building within the city, other than in a wind-proof, water-tight container.
B. 
Nothing in this chapter shall be construed to apply to collection, transportation or disposal of grass cuttings, leaves and other lawn waste incident to operation of a lawn maintenance or landscaping service, or to transportation or disposal of used appliances or construction or remodeling debris when performed by or on behalf of a vendor or contractor in conjunction with such project.
(Ord. 1216, § 1, 10-5-2010)
A. 
Any person convicted of violating any subsections of subsection A of Section 7.12.070 shall be guilty of a class "C" violation. Each day or portion thereof during which such violation occurs or continues shall be deemed to constitute a separate offense.
B. 
Any person convicted of violating subsection (A)(11) of Section 7.12.070 in addition to any other rights, remedies or penalties provided herein, may cause the city to arrange for the collection and disposal of solid waste, and the owner shall be responsible for all costs incurred by the city.
C. 
Any person convicted of violating any other provision of this chapter shall be punished by a fine not to exceed one hundred dollars ($100.00).
D. 
Any person convicted of a violation of this chapter involving damage to or destruction of real or personal property may, in addition to any other punishment authorized therefor, be ordered to pay restitution equal to the cost of repairing or replacing such property.
(Ord. 1216, § 1, 10-5-2010; Ord. 1280, § 2, 10-21-2014)