[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:
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.
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.
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.
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.
|
State law references — Solid or hazardous
wastes generally, K.S.A. § 65-3401 et seq.; municipal authority
to provide for storage, collection, transportation and disposal of
solid wastes, K.S.A. § 65-3410 and § 12-2001 et
seq.
|
A.
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.
B.
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:
A.
Time and day schedules of routes for collection of
solid wastes, except as prohibited by this chapter.
B.
Specifications for solid waste containers, including
the type, material and size thereof.
C.
Identification of solid waste containers, covers and
related equipment.
D.
Collection points of solid waste containers.
E.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
All solid wastes shall be stored in one or more of
the following containers:
(1)
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.
(2)
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.
D.
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]
E.
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.
A.
No person shall engage in the business of collection,
transportation or processing of solid waste within the corporate limits
without first obtaining a license.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.[1]
|
State law reference — Solid and hazardous
waste, K.S.A. § 65-3401 et seq.
|
[Last amended 10-2-2023 by Ord. No. 6546]
A.
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:
(1)
Curb and alley collection, once a week: $16 per month.
(2)
Walk-up service: $19 per month.
(3)
Outside the City collection: $32 per month.
(4)
Polycarts: $2 per month in addition to base rate.
(5)
Business sanitation: $25 per month (one polycart, two pickups weekly).
(6)
Outside
business sanitation: $50 per month.
B.
"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.
C.
"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.
D.
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.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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]
A.
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:
(1)
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:
(a)
Such outside commercial collectors comply with
the provisions of this chapter and with any other governing law or
ordinances;
(b)
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
(c)
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.
(2)
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]
B.
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.
