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6414 Refuse CollectionCONSOLIDATED-SALINA 1 ORDINANCE NUMBER [ l Lt' (Published in The Salina Journal , 1960) AN ORDINANCE creating and establishing a Refuse Department within the Department of Service providing for facilities for the systematic collection and disposal of refuse, establishing service fees and the collection thereof, defining terms, and fixing penalties for the violation thereof. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. REFUSE DEPARTMENT: City Collection of Refuse: There is hereby created a Refuse Department within the Department of Service of the City of Salina to provide facilities for the systematic collection and disposal of refuse, as defined herein, from all households, commercial establishments and other premises within the city at such times and in the manner hereinafter provided. The said city, by its Refuse Department, shall have the exclusive right to collect and dispose of all refuse prodmded within the city i limits except as otherwise provided herein. (Revised, 1959: G. S. 12-2107, 12-1103) Section 2. DEFINITIONS. (a) "Refuse". For the purpose of this article refuse shall include garbsbe and trash, i as hereinafter described; Provided, that refuse shall not include the waste product resulting from building operations or solid wastes resulting from industrial operations. (b) "Garbage", shall consist of any and all accumulation of animal, fruit or vegetable waste matter that attends the preparation of, use of, or storage of meats, fish, I fowl, fruit or vegetables. (c) "Trash", shall consist of both combustible and non-combustible household rubbish and mercantile wastes consisting of non-putrescible substances such as broken crockery, cans, papers, rags, cartons, boxes, glass, wood, excelsior, metal, small pieces of mineral matter, leaves, grass cuttings, small tree limbs, and sweeps of dust and dirt. Trash shall'I not include: earth and wastes from building operations, solid wastes resulting from industrial processes and manufacturing operations. (d) "Ashes and Clinkers, shall consist of the residue resulting from the burning of combustible material in an approved manner outside a refuse container and from the combustion of coal or wood products used in normal heating and cooking processes, but not from industrial or manufacturing operations. (Revised, 1959: G. S. 12-2101) (e) "Person". For the purpose of this article, person shall mean any person, firm, corporation, partnership, association, company or organization of any kind or governmental body or agency. (f) "Authorized Collector of Refuse". For the purpose of this article authorized collector of refuse shall mean any person duly qualified and operating under a license issued by the City of Salina as provided for in the ordinances of the City or said licensee) duly authorized agent. 's CONSOLIDATLD-SALIVA (g) "Dwelling Unit". The enclosure, building, or portion thereof occupied by one or I i more persons for and as living quarters. (h) "Single Family Dwelling". For the purpose of this article single family dwellinglshall mean a building designed for and occupied exclusively by one family. (i) "Commercial Dwelling". For the purpose of this article commercial dwelling shall] mean a building or portion thereof designed for or occupied by three or more families as a I i residence. (j) "Commercial Enterprise". For the purpose of this article commercial enterprise shall mean a person engaged in the operation of a commercial enterprise and such commercial) enterprises shall include the following: Boarding houses, rooming houses, hotels, restaurants, I motels, trailer courts, public buildings, retail stores, schools, churches, hospitals, wholesale houses and all other users commonly designated as commercial, or business. (k) "Superintendent of Refuse". (1) There shall be appointed by the City Manager, a Superintendent of Refuse. (2) The Superintendent of Refuse shall have the duty of administering and enforcing the collection of refuse. I (3) The Superintendent of Refuse shall have the duty of supervising the operation of all city sanitary landfills. i I (4) The Superintendent of Refuse shall investigate and inspect all licensed refuse collectors and their equipment to determine if said collector and equipment comply with all ordinances pertaining thereto. (5) The Superintendent of Refuse shall perform such other duties as the City Manager may from time to time assign to him. Section 3. CONTAINERS REQUIRED. I (a) It shall be the duty of every owner or occupant of any residence, business house,)) i mercantile or other business establishment to provide a metal receptacle with handles, in I which to place or deposit all garbage, and food containers such as cans, bottles, wrappers,) ! cartons, boxes and all other putrescible substances that might tend to attract, flies, insects or rodents. All such receptacles shall be provided with tight, flyproof metal i covers and shall be kept closed except at such times as matter is being placed therein or iremoved therefrom. Provided, where the City Refuse Department makes collections, no � container shall exceed thirty-two (32) gallons capacity, and the combined weight of the i container and contents shall not exceed seventy-five (75) pounds. (i) All garbage shall be drained and securely wrapped with paper prior to being placed I in said container. i (c) Trash and non-putrescible substances may be placed in any type of container. j Provided, where the City Refuse Department makes collections, no container shall exceed i, thirty-two (32) gallons capacity and the combined weight of said container and contents shall I not exceed seventy-five (75) pounds. CONSOLIDATED-SALINA (d) Said Garbage and trash need not be separated provided it is placed in a container as described in paragraph (a). (e) All such receptaclds shall be located so as to be easily accessible to refuse collectors and haulers. Section 4. BURNING OF 60MBUSTIBLES: REMOVAL OF ASHES: (a) Combustible trash may be burned in incinerators of an approved type at such times) and places as may be authorized by ordinance. Ashes and other products of such burning, as defined, may be deposited for collection in the refuse container provided for each premises, but no embers or hot ashes shall be deposited in any such container. (b) It shall be unlawful for any person to place, deposit or burn any garbage, as defined, in any incinerator, refuse container, or otherwise on any premises in the City: Provided, that garbage may be burned in an approved garbage incinerator located inside of any building. (Revised, 1959) Section 5. SERVICE FEES, MONTHLY CHARGE: (a) Refuse services shall be rendered to householders and occupants of residential premises for the following charges to be paid monthly to the city as hereafter provided: (1) Each Single-family residence, the sum of . . . . . . . . .$1.25 1 (2) Each apartment or unit of a two (2) family dwelling, the sum of . . . . . . . . . . . . . . . . . . .$1.25 (b) All apartment houses, or other multiple family dwellings, consisting of three or more apartments or units, shall be classed as commercial, and all such owners, householders or occupants shall contract with a._licensed refuse hauler or refuse collection service. Section 6. BILLING, COLLECTION, FAILURE TO PAY WHEN DUE: (a) The charges heretofore required to be paid shall be billed monthly following the rendition of service. The refuse service charge shall be billed along with the monthly water bill and the total bill shall be due and payable on the specified due date. (b) For the purpose of this article the refuse and water service bill shall be considered as one, hhereby the total amount of delinquent accounts shall be penalized according to the provisions of Section 28-116, Revised 1948. (c) Further if said account is not paid within the ten (10) days after the due date, both water and refuse service shall be discontinued until the provisions of Section 28-116, Revised 1948 are complied with. (d) Those owners or occupants of single family dwellings, duplexes of two family apartment houses not receiving water service from the city, but reside within the limits of the city shall contract for refuse collection service by the City. Service fees as established in Section 5 shall apply. Said owner or occupant shall be billed on a monthly basis by the Water Department for the refuse collection services. CONSOLMATNM-SALIVA (e) Duplexes, two family apartment houses or other residences receiving city water services on a single service, being billed for such services on a "Double Minimum Basis", shall be billed for two refuse collection services on the sane bill. (f) In general all refuse service accounts shall be considered delinquent if not paid, i on or before the specified due date. If not paid within ten (10) days following the due daite, shall be subject to stoppage of service without notice and such stoppage shall not be i construed to sonstitule a waiver of the City's right to proceed for the amount of such unpaid bill. In the event of such stoppage, service shall not be resumed until the accumulated delinquent fees and charges plus a One Dollar ($1.00) penalty have been paid, (g) The Superintendent of the Refuse Department or his authorized agents shall have the authority to check all multiple -family dwellings in order to varify the number of apartments of units therein. Exemptions: (a) Apartment houses or other multiple family dwellings consisting of three (3) or more apartments or units shall be exempt from city refuse collection service. (b) It shall not be the responsibility of the owners or occupants of residences described in paragraph (a) to notify the City that he or she has a licensed refuse hauler collecting his or her refuse, but rather it shall be the responsibility of the licensed hauler, as hereinafter provided to notify the Refuse Department that he has been employed by said person to collect, haul and dispose of said person's refuse. This shall apply to all residences classed as commercial and all commercial enterprises. FUUDS, HANDLING OF The Water Department shall futnish the City Treasurer the first of each month a of the amount of the previous month's billings for refuse collection service. The City Treasurer shall transfer from the Water Department Fund to the Refuse Department Fund, the total amount of said billings. Section 7. ADDITIONAL RULES AND REGULATIONS: The Refuse Department is authorized to adopt and promulgate additional rules and regulations as may be necessary to supplement provisions of this article. Section 8. PENALTY. Any person violating any of the provisions of this article shal be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than $10.00 nor more than $50.00 for each offense. Section 9. REPEAL. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 10. INVALIDIT_Y. In the event that any part or parts of this ordinance be determined unconstitutional or invalid, such determination shall not effect any other portion of this ordinance. CONSOLIDATEDSALINA 1 1 J Section 11. EFFECTIVE DATE: This ordinance shall take effect and be in force from and after its passage and publication in the official city newspaper. Introduced: January 19, 1960 c� Passed: (a I Mayor (SEAL) Attest: I City Clerk