[HISTORY: Adopted by the City Commission of the City of Parsons 8-15-1977 by Ord. No. 5042 (Ch. 24, Art. III of the 1985 Code). Amendments noted where applicable.]
The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meaning respectively ascribed to them as contained herein:
- COMMERCIAL ESTABLISHMENT
- Includes, among others, the operation of storage, mercantile, industrial, business, public assembly, institutional and other establishments commonly designated as such, or as may hereafter be designated as such, but churches shall be entitled to the residential rate.
- DWELLING UNIT
- Includes a room or group of rooms within a building or structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
- A form of liquid measurement of capacity.
- HAZARDOUS WASTE
- Includes but shall not be limited to waste containing liquid of any kind in excess of 50% by weight, volatile waste, paint or paint waste, dry-cleaning fluids, oil, sludge, acids, caustic poison, drugs and like materials, pathological wastes, biological wastes, explosive material or waste, radioactive waste, pesticides and septic tank cleanings or waste.
- Includes a lot, plot or parcel of land, including the buildings and structures thereon.
- SOLID WASTE
- Includes all garbage, rubbish, trash, and other discarded materials resulting from commercial and domestic activities. "Solid waste" shall not include any excavation or building materials, other waste from construction projects or any solid waste from industrial or manufacturing processes. "Solid waste" shall also not include body wastes, nonpliable crates, large shrubbery or trees, tires, abandoned automobile bodies, abandoned or discarded appliances or other bulky wastes.
The City Manager is hereby authorized to exercise such powers as may be necessary to carry out and effectuate the purposes and provisions of this chapter. Included in such powers is the right to inspect all phases of solid waste management within the City. The City Manager has the right to enter upon the premises for the purpose of making examinations and inspections, provided that such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and in the event that entry is denied or resisted, the City Manager shall obtain for this purpose an order from a court of competent jurisdiction.
The City Manager further has the power to appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the directions of this chapter and, further, to delegate any of his functions and powers under this chapter to such officers, agents and employees as he may designate.
The City Manager shall define and promulgate reasonable and necessary rules and regulations governing the solid waste management system; such rules and regulations shall be approved by the governing body and shall be filed in the office of the City Clerk. The rules and regulations shall include but not be limited to:
Time and day schedules of routes for collection of solid wastes, except as prohibited by this chapter.
Specifications for solid waste containers, including the type, material and size thereof.
Identification of solid waste containers, covers and related equipment.
Collection points of solid waste containers.
Handling of special wastes, such as toxic and hazardous wastes, sludges, ashes, agricultural waste, construction wastes, automobile oils, grease, bulky wastes, etc.
In cases where there is unwarranted hardship in carrying out the literal provisions of this chapter, and upon proper application, the City Manager may grant a variance. An application for variance shall be made in writing to the City Manager. The City Manager shall give the applicant and any other interested person an opportunity to be heard with respect to the proposed application. In the event that the City Manager shall not approve the variance, the applicant may appeal the variance request to the governing body by filing a written request with the City Clerk within 10 days of the notice from the City Manager of the disapproval of the variance. A variance shall not be granted unless the strict application of this chapter will create an unwarranted hardship and unless the proposed variance is in harmony with the intended purpose of this chapter and the public safety and welfare will be protected.
In all instances where inspections by the City Manager reveal violations of this chapter, the City Manager shall issue a notice to the violator for each such violation and stating the violation found, the time and date of the violation, and the corrective measures to be taken together with the time in which such corrections shall be made. When corrective measures have not been taken within the time specified in the notice, the City Manager shall execute a complaint in the Municipal Court charging the person with a violation of this chapter. In those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be granted by the City Manager before he executes the complaint.
It shall be unlawful for any person to store, collect, transport or process any solid wastes in any manner that does not conform to this chapter or rules and regulations established in this chapter.
No person shall burn, bury or leave any garbage, rubbish, trash or other waste materials, including excavation and building materials or waste from industrial or manufacturing processes, nonpliable crates, large shrubbery or trees, tires, abandoned automobile bodies, abandoned or discarded appliances, body wastes, or any other wastes of any kind or nature, anywhere in the City or permit the same to be accumulated in or upon private premises or public grounds of the City except as such solid waste may be accumulated and made ready for collection as provided by this chapter and under the rules and regulations of the City Manager as provided for in this chapter.
The owner or occupant of every dwelling unit and of every commercial establishment receiving solid waste collection service and of every dwelling unit or commercial establishment outside the corporate limits receiving solid waste collection service shall provide an adequate and sufficient number of approved containers for the storage of solid waste, maintain such solid waste containers and their environs at all times reasonably clean and in good repair, and repair or replace the same from time to time, without notice, when any of such containers no longer meet the specifications therefor as established by the City Manager.
The occupant of every dwelling unit and of every commercial establishment and dwelling units or commercial establishments outside the corporate limits receiving solid waste collection service shall place all solid waste in approved solid waste containers and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times. All garbage must be drained and wrapped in or enclosed in paper or plastic bags before placement in the solid waste container.
All solid wastes shall be stored in one or more of the following containers:
In plastic, aluminum, or galvanized containers of not more than 30 gallons or less than 20 gallons in nominal capacity. Containers shall be leakproof, waterproof, and provided with a tightly fitting cover, which cover shall have a handle affixed thereto, and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. Containers shall have handles on both sides. Containers shall be of a type originally manufactured for solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed 65 pounds. All nonconforming containers will be marked and no solid waste will be collected from the containers. In the event that a previously marked container is again presented or used for storage of solid wastes after it has been marked, the container together with its contents shall be collected and disposed of without further notice.
In City-leased two-cubic-yard solid waste containers. These containers are of a type originally manufactured for solid wastes. Each container shall be equipped with an attached lid which shall properly cover said container at all times except when depositing waste therein or removing the contents thereof.
Leaves, grass clippings and other organic yard waste can be disposed of in disposal bags of sufficient thickness that is able to properly hold the load contained therein with said bags securely tied to prevent dispersal of said waste. All other solid waste must be stored in containers as required by this section.
[Amended 6-4-2007 by Ord. No. 6118]
Tree limbs less than four inches in diameter and brush shall be securely tied in bundles not larger than 48 inches and 18 inches in diameter when not placed in storage containers.
All residential solid waste, other than bulky wastes, shall be collected at least once weekly. All commercial solid waste collected by the City shall be collected at least once weekly or at more frequent intervals as may be fixed by the City Manager.
No person shall engage in the business of collection, transportation or processing of solid waste within the corporate limits without first obtaining a license.
No person shall collect and dispose of any residential solid wastes for other persons whatsoever. No person shall collect and dispose of any solid waste for commercial establishments in or from the City without first having obtained a license so to do from the City Clerk. No person, persons, firm or corporation shall be issued a license to collect commercial solid waste in Blocks 25, 26 and 27 and Blocks 32, 33 and 34 in the City. Before such license shall be granted such person shall satisfy the governing body that he is equipped to and will collect solid waste in a clean and efficient manner and dispose of the same at a place or in a manner not detrimental to the health or annoying to the sensibility of any person, or in compliance with the provisions of this chapter and such rules and regulations as the Board of Health may from time to time make and promulgate. There shall be no fee for such license. Licenses issued hereunder shall expire on the 31st day of December of each year. A license may be revoked any time by the governing body for failure of the licensee to comply with the provisions of this chapter or with the rules and orders of the Board of Health. No license shall be so revoked until the licensee shall have had due notice and ample opportunity to appear before the governing body and show cause why it should not be revoked.
All wagons, trucks, carts or vehicles used for the collection and removal of solid waste within the City shall have tight beds or boxes from which no litter may escape and shall be provided with canvas or wooden or metal covers which shall fit said bed or box so that no solid waste can fall or be blown therefrom. Persons hauling solid waste shall keep to the alleys of the City as far as possible.
All solid waste as defined by this chapter, except hazardous wastes accumulated by residential units and those commercial establishments located in Blocks 25, 26 and 27 and 32, 33 and 34 of the City, shall be collected, conveyed and disposed of as a municipal function, and all residents and the owners, managers or operators of commercial establishments located in the above-described blocks are required to avail themselves of this service; provided, however, that any person shall be permitted to collect, transport, and dispose of any solid waste generated by the dwelling unit in which such person resides or may collect and dispose of any solid waste generated by any commercial establishment which such person owns, operates, or manages in addition to, and not in lieu of, the service provided by the City.
The City may, upon proper request, provide for the collection of commercial solid waste in blocks other than those mentioned in Subsection A; provided, however, that if the City is unable to provide the collection service requested, the commercial establishment must provide for the collection of all solid waste produced upon such premises at a standard at least equal to that prescribed in this chapter and the rules promulgated by the City Manager as permitted by this chapter.
The City may, upon proper request, provide for the collection of residential solid waste and/or commercial solid waste outside the corporate limits of the City, provided that such collection can be made economically and practically by existing City crews, and such collections shall be made under the rules and regulations promulgated by the City Manager.
All hazardous wastes shall be stored, collected, transported and disposed of under the supervision of and in accordance with rules and regulations made and promulgated by the City Manager and in accordance with law. The City Manager may classify certain wastes not defined herein as hazardous which will require special handling.
[Last amended 10-15-2018 by Ord. No. 6417]
There shall be charged, assessed and collected from each dwelling unit a service charge for the collection and disposal of solid wastes. The dwelling unit service charge shall be based on the following classifications and be as follows:
Curb and alley collection, once a week: $13.25 per month.
Walk-up service: $16.10 per month.
Outside the City collection: $26.50 per month.
Polycarts: $2 per month in addition to base rate.
Business sanitation: $20.30 per month (one polycart, two pickups weekly).
"Curb or alley collection" shall be defined as collection of the solid wastes from approved containers placed as near as practical to the alley or curb adjacent to the structure.
"Walk-up service" is the collection of solid wastes from approved containers placed outside any structure and in a location clearly visible to the collector from the street or alley.
The special collections outside the regular hours of operation of the Sanitation Department or waste service not covered by this section may be performed at such rate and under such conditions as may be specified by the City Manager.
[Added 1-20-1992 by Ord. No. 5584]
A surcharge for changes in landfill dumping fees may be applied to monthly bills for sanitation service as increases in landfill dumping fees become effective to the City of Parsons.
A surcharge may be added to the monthly sanitation bill upon the approval of the City Commission. The surcharge may also be increased or decreased depending on the landfill dumping fee by approval of the City Commission.
The surcharge shall be calculated by using the base rate landfill dumping fee of $10.50 that was in effect December 31, 1991.
[Added 6-4-2007 by Ord. No. 6119]
Residential solid waste containers shall be stored as close as practical to the main structure or accessory structures located on the property. In no event shall the solid waste containers be stored in the street right-of-way except on the day of collection or up to 24 hours prior to the designated weekly pickup time. Solid waste containers shall be removed from the street right-of-way by 8:00 a.m. the day following the day of collection. It shall be permissible for solid waste containers to remain at or near alleys during nonpickup times if the alley is the location where solid waste is picked up on normal sanitation routes.
The City Manager or his/her designee shall provide written warning to any property owners in violation of Subsection A by attaching a written notice to the solid waste container(s) creating the violation. Said written notice shall give the owner five days to correct the violation. If a property owner receives three written warnings within a six-month period, then the City shall assess a fee of $5 on the next bill after the third and subsequent written notices have been attached. This fee shall be in addition to the regular sanitation rates paid by the customer. Only one fee of $5 shall be assessed per billing cycle. Any citizen who wishes to contest said fee may request a hearing with the City Manager if said hearing is requested in writing within seven business days of the payment of the fee. The hearing shall be for the purpose of determining if the person was in violation of Subsection A and shall be held as soon as practicable after the request. If the City Manager finds that the person was not in violation of Subsection A then the fee of $5 shall be refunded to that person.
In addition to or in the alternative to the provisions of Subsection B, a landowner that allows a violation of this section on his or her property or right-of-way may be prosecuted in Parsons Municipal Court for said violation. Any person convicted of violating this section shall be punished by a fine not to exceed $45 and/or a jail sentence not to exceed 10 days.
[Added 7-2-2007 by Ord. No. 6120]
Collection by City required; exceptions. Except as provided in this chapter, all solid waste accumulated in the City, except for hazardous wastes, shall be collected, conveyed and disposed of by the City or its designated hauler. No persons shall collect, convey over any of the streets or alleys of the City, or dispose of any solid waste accumulated in the City, except as follows:
Exception for outside commercial collectors. This chapter shall not prohibit outside commercial collectors of solid waste licensed by the City of Parsons pursuant to § 513-9 of the Code of the City of Parsons from hauling such solid waste over City streets, provided that:
Such outside commercial collectors comply with the provisions of this chapter and with any other governing law or ordinances;
Said outside commercial collectors may only contract with commercial accounts that are not serviced and cannot be serviced by the City or its designated contract hauler after the effective date of this chapter; and
Said outside commercial collectors or the commercial account holder provides the City with satisfactory evidence that said account is being hauled by an outside commercial collector.
Exception for outside commercial collectors and private residences. Commercial collectors can contract with residential customers on a temporary basis for the purpose of setting out dumpsters as long as said residential customer maintains uninterrupted solid waste collection services with the City of Parsons. A dumpster remaining at a residence for more than a thirty-day period shall not be considered on a "temporary basis" for purposes of this section and shall be in violation of this section.
[Added 10-6-2008 by Ord. No. 6172]
Collection; supervision. Except as provided in this chapter, all solid waste accumulated in the City shall be collected, conveyed and disposed of by the City or its designated contract hauler under the supervision of the City Manager or his designee, the Public Works Director. The rules and regulations governing the solid waste management of the City of Parsons shall be defined and promulgated pursuant to § 513-3 of this chapter by the City Manager.
[Added 7-20-2009 by Ord. No. 6189]
Except where another penalty is specifically provided herein, any person violating any provision of this chapter shall, upon conviction, be guilty of a Class C misdemeanor punishable as provided in § 1-2 of this Code.