6432 Refuse CollectionCONSOLIDATED -SALIVA
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ORDINANCE NUMBER 6432
(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, and repealing Chapter 20, Revised
Ordinances 1948, and Ordinances 5630.and 6414.
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. REFUSE DEPARTEM. 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 produced within the city
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 garbage
and trash, as hereinafter described; provided, that refuse shall not include
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, 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 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 or any
kind of 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's duly authorized agent
(g) "DWELLING UNIT". The enclosure, building, or portion thereof occupied by
one or more persons for and as living quarters.
(h) "SINGLE FAMILY DWELLING". For the purpose of this article, single family
dwelling shall mean a building designed for and occupied exclusively by one family.
(i) "COMMERCIAL DWELLING". For the purpose of this article, comereial dwelling
shall mean a building or portion thereof designated for or occupied by three or
more families as a 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, 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.
(3) The Superintendent of Refuse shall have the duty of supervising
the operation of all city sanitary landfills.
(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.
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Section 3. CONTAINERS REQUIRED
(a) It shall be the duty of every owner or occupant of any residence,
business house, mercantile or other business establishment to provide a metal
receptacle with handles, in 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 covers and
shall be kept closed except at such times as matter is being placed therein or
removed therefrom. Provided, where the City Refuse Department makes collections,
no container shall exceed thirty-two (32) gallons capacity, and the combined
weight of the container and contents shall not exceed seventy-five (75) pounds.
(b) All garbage shall be drained and securely wrapped with paper prior to
being placed in said container.
(c) Trash and non-putrescible substances may be placed in any type of
container. Provided, where the City Refuse Department makes collections, no
container shall exceed thirty-two (32) gallons capacity and the combined weight
of said container and contents shall not exceed seventy-five (75) pounds.
(d) Said garbage and trash need not be separated provided it is placed in
a container as described in paragraph (a).
(e) All such receptacles shall be located so as to be easily accessible
to refuse collectors and haulers.
Section 4. BURNING OF COMBUSTIBLES. 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 sun of . . . . $1.25
(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 for
refuse collection service.
Section 6. BILLING, COLLECTION, FAILURE TO PAY WHEN DUE.
(a) The charges heretofore required to be paid shall be billed monthly.
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) Further, if said account is not paid within the ten (10) days after the
due date, the refuse service shall be discontinued.
(c) Those owners or occupants of single family dwellings, duplexes or two
family apartment houses not receiving water service from the City, but reside
within the limits of the City may contract for refuse +collection 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.
(d) 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 same bill.
(e) In general all refuse service accounts shall be considered delinquent if
not paid on or before the specified due date. If not paid within ten (10) days
following the due date, shall be subject to stoppage of service without notice and
such stoppage 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 stoppage, service
shall not be resumed until the accumulated delinquent fees and charges plus a one
dollar ($1.00) penalty have been paid.
(f) 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 or units therein.
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(a) Persons having no garbage or trash shall not be required to pay any
refuse service charge.
(b) Apartment houses or multiple family dwellings consisting of three (3)
or more apartments or units shall be exempt from city refuse collection service.
(c) It shall not be the responsibility of the owners or occupants of
residences described in paragraph (b) 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 k" 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.
(d) Any person having a licensed refuse hauler collecting, hauling and
disposing of his or her refuse shall not be required to pay any city refuse
charge.
Section 8. UNLAWFUL PRACTICES.
(a) It shall be unlawful for any person to accumulate garbage or trash
in any manner, other than as herein specified, when such accumulation is
unsightly, insanitary, or presents a dangerous condition to the health of the
City.
(b) It shall be unlawful for any person to haul garbage or trash along
the streets, avenues or alleys or dispose of the same in a manner causing a
nuisance or in unsightly or insanitary ways.
Section 9. FUNDS, HANDLING OF.
The Water Department shall furnish the City Treasurer the first of each
month a record 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 net amount of said billings
Section 10. ADDITIONAL BULBS AND REGULATIONS.
The Refuse Department is authorized to adopt and promulgate additional
rules and regulations as may be necessary to supplement the provisions of this
article.
Section 11. PENALTY
Any person violating any of the provisions of this article shall 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 12. REPEAL.
Chapter 20, Revised Ordinances 1948, and Ordinances numbered 5630 and 6414,
and any other ordinances in conflict with this ordinance are hereby repealed.
Section 13. INVALIDITY
In the event that any part of this ordinance is held unconstitutional or
invalid, such determination shall not effect any other portion of this ordinance.
Section 14. EFFECTIVE DATE
This ordinance shall take effect and be in force from and after its
adoption and publication in the official city newspaper.
Introduced: March 29, 1960
Passed: April 5, 1960