02-10107 Solid Waste"e ,
(Published in the Salina Journal on November p , 2002)
ORDINANCE NUMBER 02-10107
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER
34, ARTICLE II, III, IV OF THE SALINA CODE PERTAINING TO SOLID
WASTE, AND REPEALING SAID SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Sections 34-16, 34-18, 34-20 through 34-22, 34-25, and 34-27
through 34-50 of Chapter 34, Article II of the Salina Code is hereby amended to read as follows:
"Sec. 34-16. Definitions.
For the purpose of this article:
(1) Authorized collector of refuse means any person duly qualified and operating
under a license issued by the city as provided for in this Code or the
ordinances of the city, or the licensee's duly authorized agent.
(2) Commercial dwelling means a building or portion thereof designed for or
occupied by four (4) or more families as a residence.
(3) Commercial enterprise means a person engaged in the operation of a
commercial enterprise and such commercial enterprises shall include the
following: Boardinghouses, rooming houses, hotels, restaurants, motels,
trailer courts, public buildings, retail stores, schools, churches, hospitals,
wholesale houses and all other users commonly designated as commercial or
business.
(4) Dwelling unit shall mean the enclosure, building or portion thereof occupied
by one or more persons for and as living quarters.
(5) Multiple dwellings shall mean a building designed for or occupied by more
than one family and less than four (4) families.
(6) Refuse means all putrescible and nonputrescible solid wastes except body
wastes. Refuse includes garbage, rubbish, ashes, street cleanings, dead
animals, and solid market and industrial wastes.
(7) Single-family dwelling shall mean a building designed for and occupied by
one family."
"Sec. 34-18. Manner of disposal to be approved.
All refuse collected under the terms of this article shall be disposed of in a
manner approved by the city manager."
"Sec. 34-20. Frequency of collection.
Any and all refuse shall be collected and removed from all premises at least
once every ten (10) days.
Sec. 34-21. Removal by city if person responsible fails.
Failure of the property owner, his authorized agent, tenant, householder or
occupant to cause all refuse to be removed from any premises and disposed of as
provided herein, shall be cause for the city manager to order the refuse collected and
disposed of in accordance with chapter 24.
Sec. 34-22. Disposal from unoccupied premises.
It shall be the responsibility of the property owner or his authorized agent to
cause to be collected and disposed of all refuse accumulated at or on any unoccupied
premises within the corporate limits of the city not later than seven (7) days
following vacation of the premises. Upon failure of the property owner or his
authorized agent to dispose of such refuse within the seven (7) days following
vacation of premises, the city manager shall attempt to notify the property owner or
his authorized agent to cause to be collected and disposed of according to the
provisions of this article all refuse accumulated at or on the premises within forty-
ConsadEaiMSaiine
eight (48) hours. Inability to contact the property owner or his authorized agent, or
failure of the property owner or his authorized agent to dispose of the accumulated
refuse as ordered, shall be cause for the city manager to order the refuse collected
and disposed of in accordance with chapter 24."
"Sec. 34-25. Storage to be inaccessible to vermin, approved.
Refuse containing food waste or other putrescible material shall be stored so
as to be inaccessible to vermin. All other refuse shall be stored in a manner approved
by the city manager."
"Sec. 34-27. Adequacy of storage facilities.
Storage facilities shall be adequate for the proper storage of all refuse.
Sec. 34-28. Cleanliness of storage areas.
Refuse storage areas shall be clean and shall not constitute a nuisance.
Sec. 34-29. Storage by commercial enterprises.
(a) Refuse storage rooms or enclosures used by commercial enterprises shall be
constructed of easily cleanable, washable materials and shall be vermin
proofed. The floors, and the walls up to at least the level reached by splash or
spray, shall be of relatively nonabsorbent materials. Refuse containers outside
the establishment shall be stored either on a concrete slab, or on a rack which
is at least twelve (12) inches above the ground, or in such other manner as
shall be approved by the city manager.
(b) Storage of undrained refuse by commercial enterprises is permissible
providing it is stored in containers and accumulation shall not exceed two (2)
days.
Sec. 34-30. Prevention of spillage from containers.
All containers used for refuse shall be stored, housed, enclosed or secured so
as to prevent spillage by wind or animals. Lids or covers unless permanently
attached to container shall be secured to the storage rack or apparatus, unless
containers are stored inside a room.
Sec. 34-31. Burning refuse.
Refuse shall not be burned at any time except in an incinerator or other
appliance constructed specifically for such purposes and approved by the fire
department, and equipped with a flue, chimney, or smokestack which will carry the
smoke and odors therefrom above surrounding rooftops.
Sec. 34-32. Unusual situations.
In situations which are not contemplated or considered by the terms and
conditions of this article, the city manager shall have the power and the authority to
grant special rights and privileges on a temporary basis for the collection, hauling
and disposal of refuse where such special privileges are required in order to maintain
the health and sanitation of the city and its inhabitants or such rights and privilege is
required to avoid the creation of a public nuisance.
Sec. 34-33. Service charges for refuse collection; rules and regulations.
(a) City refuse collection service shall be available to householders and
occupants of residential premises within the city desiring such service. For
the purpose of this article, residential premises shall include single family,
duplex and triplex dwellings.
(b) The board of commissioners shall, by resolution, from time to time as they
deem necessary, adopt such fees as are necessary for the operation of the
refuse collection service.
(c) The city manager shall recommend to the board of commissioners
adjustments in such fees as are necessary to pay the costs of the operation of
the refuse collection service.
(d) The city manager shall formulate such rules and regulations as may be
necessary to provide for the operation of the refuse collection service. The
rules and regulations shall become effective when filed with the city clerk.
Sec. 34-34. Billing for service charges; when due and payable.
The charges required to be paid in section 34-33 shall be billed monthly. The
refuse service charge shall be billed along with the monthly water bill and total bill
shall be due and payable upon rendering.
Sec. 34-35. When bills delinquent; discontinuing service for delinquency.
In general, all refuse service accounts shall be considered delinquent if not
paid on or before the date specified on the monthly billing statement. If not paid
within ten (10) days following the date of delinquency, service shall be discontinued
without notice and such discontinuance shall not be construed to constitute a waiver
of the city's right to proceed for the amount of such unpaid bill. In the event of such
discontinuance, service shall not be resumed until the accumulated delinquent fees
have been paid.
Sec. 34-36. Authority to adopt regulations.
The sanitation division is authorized to adopt and promulgate additional rules
and regulations as may be necessary to supplement provisions of this article.
Secs. 34-37-34-50. Reserved."
Section 2. That Sections 34-51 and 34-52 of Chapter 34, Article III, Division 1 of
the Salina Code is hereby amended to read as follows:
"Sec. 34-51. Standards for transportation and vehicles.
The following standards and requirements are hereby established as
minimum for the sanitary transportation of refuse:
(1) Vehicles used for the transportation of refuse shall have a hauling
body constructed of metal, or shall have a metal lining on the floor
and all sidewalls.
(2) Vehicles shall be provided with a means of covering the refuse to be
hauled and of keeping such refuse securely within the hauling body.
The hauling body shall be provided with a tight metal hood having
adequate openings fitted with smoothly operating loading and
unloading doors, or shall be provided with heavy tarpaulin or other
canvas cover fitted with proper eyes, grommets and tie ropes and
hooks whereby the cover can be held securely over the loaded refuse
in a manner acceptable to the city manager.
(3) Vehicles used for carrying refuse shall be cleaned as often as may be
necessary to prevent persistent odors and attraction of flies.
(4) Vehicles used for transporting refuse shall carry a legend or
identifying sign on each side. The legend shall be painted on the
vehicle; or be placed on a separate durable plaque which shall be
firmly fixed to the vehicle when used for refuse collection and
transportation. Such legend shall be printed in letters no less than two
(2) inches in height and one (1) inch in width, and shall be clearly
legible. Such legend shall include the name of the licensed hauler.
(5) Vehicles shall not be loaded with refuse in a manner which will
permit material to fall out, or blow out of the vehicle.
(6) Containers used for the transportation of refuse shall be constructed
and maintained so as to prevent any spillage or leakage of liquid.
(7) Vehicles used for transporting refuse shall be properly maintained in
good operating condition in order to provide dependable service to
subscribers. The vehicle shall be equipped with adequate safety lights
to warn vehicular traffic of refuse trucks stopped for loading.
Sec. 34-52. Additional regulations authorized.
The city manager shall make, adopt and publish such rules as may be
necessary to make this article effective and facilitate the systematic collection,
handling and disposal of refuse."
Section 3. That Sections 34-61, 34-62, and 34-65 through 34-80 of Chapter 34,
Article III, Division 2 of the Salina Code is hereby amended to read as follows:
"Sec. 34-61. Required; exemptions.
(a) It shall be unlawful for any person to collect, transport or haul on any streets
or alleys in the city or dispose in any manner any refuse accumulated in the
city without first having obtained a refuse hauler's license as described in this
division; provided, this section shall not be construed to apply to the
following:
(1) Any and all governmental agencies;
(2) To persons who collect and transport refuse produced on premises
owned and/or occupied by said persons;
(3) Builders or demolition contractors, or other persons engaged in
construction or similar occupations;
(4) To persons engaged in the occupations known as tree trimmers or tree
surgeons, agriculture, arboriculture, horticulture, gardening, lawn
care, landscaping, nursery work, or similar occupations.
(b) Persons who are not required to obtain a license under this division shall
comply with all other sections of this article and such other regulations as are
prescribed by the City codes for the transportation of refuse over and upon
the streets and alleys of the city.
Sec. 34-62. Application; approval.
Each person or firm required by this division to be licensed to collect or
remove refuse within the city shall make application for an annual refuse hauler
license with the city clerk. "
"Sec. 34-65. Fee.
The refuse hauler's license fee under this division shall be as prescribed in
section 2-2.
C111111111 �111
Sec. 34-66. Revocation.
(a) A refuse hauler's license may be revoked or suspended by the city
manager for violation of or failure to comply with any provisions of
this article.
(b) A revocation or suspension of refuse hauler's license may be appealed
to the Board of Commissioners by the licensee filing a notice of
appeal with the city clerk, which appeal shall be heard within ten (10)
days after the filing of the notice of appeal by the Board of
Commissioners at their regularly scheduled meeting.
Secs. 34-67-34-80. Reserved."
Section 4. That Section 34-85 of Chapter 34, Article IV of the Salina Code is hereby
amended to read as follows:
"Sec. 34-85. Service fees.
(a) The city shall from time to time, by resolution, establish fees for the use of
the solid waste disposal area and the fees shall become effective upon
publication of the resolution establishing fees in the official city paper.
(b) The Board of Commissioners may temporarily suspend or waive the
collection of the service fees established by the city for the use of the solid
waste disposal area."
Section 5. That the existing Sections 34-16, 34-18, 34-20 through 34-22, 34-25, 34-
27 through 34-52, 34-61, 34-62, 34-65 through 34-80, and 34-85 are hereby repealed.
Section 6. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
[SEAL]
Introduced: October 28, 2002
Passed: November 4, 2002
tstin . Se ton, Mayor
ATTEST:
R. Weber, Deputy City Clerk