For the purpose of this chapter, the following words and phrases shall have the following meanings:
(a) Approved collection container shall mean the container or bin provided by the city for the disposal and collection of garbage or refuse or recyclables, or other containers approved by the city for such disposal and collection under the terms of this chapter.
(b) Collection point shall mean: (i) the unpaved area immediately behind the street pavement of each dwelling unit which fronts a public street, within three feet of the pavement edge, having a minimum of six (6) feet clearance on each side; or (ii) in those cases where the sanitation department has agreed to provide collection service along alleyways, a point adjacent to the alley, outside of all private fences and outside of the established line for vehicular traffic, within three feet of the established line for vehicular traffic, having a minimum of six (6) feel clearance on either side; or (iii) such other location as may be established with the approval of the sanitation division.
(c) Commercial establishment shall include, among others, the operation of storage, mercantile, industrial, business, public assembly, institutional and all other establishments commonly designated as such, or as may be hereafter be designated as such but churches shall be entitled to the residential rate.
(d) Construction and demolition waste shall mean solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities, and shall include (but not be limited to) the following: untreated wood, and untreated sawdust from any source; motor vehicle window glass; vegetation from land clearing and grubbing, utility maintenance and seasonal or storm related clean-up; bricks; concrete, masonry materials; roofing materials; soil; rock; and wood products.
(e) Dwelling unit shall mean and include a room or group of rooms within a building or structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. The term dwelling unit shall include each living unit within an apartment house, each apartment within a private home, each individual mobile home within a mobile home park or subdivision, and each living unit within a duplex, tri-plex or other structure designated for multi-family in separate living units.
(f) Gallon shall mean a form of liquid measurement of capacity equal to 231 cubic inches or 3.785 liters.
(g) Garbage shall mean and include the putrescible animal and vegetable wastes resulting from the handling, preparing, cooking and consumption of food, and shall also include bakery and market waste from the handling, storage or sale of bakery goods or produce.
(h) Junk shall mean all worn out, broken or discarded materials not included within the definitions of garbage, rubbish, and trash or recyclable.
(i) Person shall mean and include any person, firm, partnership, association, corporation, company or organization, of any kind or a governmental body or agency.
(j) Premises shall mean the separation from other refuse and the preparation for disposal and collection of all materials designated as recyclables pursuant to the provisions of this chapter.
(k) Recycle shall mean the separation from other refuse and the preparation for disposal and collection of all materials designated as recyclables pursuant to the provisions of this chapter.
(l) Recyclable shall mean any refuse designated from time to time by the governing body of the city by ordinance as being a recyclable material for purposes of separate disposal and collection under the provisions of this chapter.
(m) Refuse shall mean and include all garbage, rubbish and trash.
(n) Rubbish shall mean and include the nonputrescible wastes consisting of miscellaneous materials, and shall also include, among other things, paper, tin foil, broken crockery, fabrics, coffee grounds, utensils, excelsior, packaging, wrappings, sweepings of dust and dirt, rubber and bits of metal.
(o) Sanitation division shall mean the city department or division charged with the responsibility for providing municipal solid waste collection services under the provisions of this chapter.
(p) Trash shall mean and include all other putrescible and nonputrescible wastes other than garbage and rubbish, except body wastes, and shall include, among other things, wood, nonpliable crating, boxes or cartons, shrubbery and tree trimmings, discarded furniture, bedding, small appliances, clothing and shoes.
(q) Type 1 service shall mean a collection technique used at single dwelling units, and at multiple dwelling units where individual collection can be established, and utilizes a city provided rollout cart for refuse and recycling bins for recyclables.
(r) Type 2 service shall mean a collection technique used at multiple dwelling units under common ownership or management where individual collection cannot be established, and generally utilizes one or more dumpsters for the collection of refuse, and one or more rollout cards for the collection of recyclables at a single collection point servicing several dwelling units.
(s) Yard Waste shall mean all grass trimmings, leaves, weeds and all other vegetation or portions, trimmings or wastes thereof therefrom, except for food wastes included within the definition of garbage and except for shrubbery and tree trimmings included within the definition of trash. Yard waste may be disposed of free of charge at the city burn site. Only bagged leaves may be placed in or at collection points.
The governing body, by ordinance, may limit or extend these definitions and may give interpretations to these words or phrases.
(Ord. 1559; Code 2020; Ord. 1775; Ord. 1792)
It shall be unlawful for any person to throw, place or deposit, or to allow or permit the throwing, placing or depositing, or to allow the accumulation, upon any parking, sidewalk, gutter, street, alley, thoroughfare, park or other public grounds or city owned property, any refuse, recyclables or junk of any kind.
(Ord. 1559; Code 2020)
Nothing in this chapter shall prevent any person, under a permit from the city, from encumbering the streets or alleys with building materials or earth for the purposes of construction, demolition, remodeling or repairing any building or structure; provided, that in the event of such encumbering of the streets or alleys, the contractor, owner or occupant shall remove any and all materials remaining within 10 days from the completion of the work and shall leave the streets or alleys in the same condition that they were prior to his her use thereof.
(Ord. 1559; Code 2020)
Owners or occupants shall maintain their premises as follows:
(a) Every owner or occupant shall maintain and keep his or her premises in a clean and sanitary manner and free from any accumulations of refuse and junk of any kind except for the permissible and temporary storage thereof for purposes of collection and disposal pursuant to the provisions of this chapter.
(b) Every owner or occupant of any such premises shall dispose of all garbage, rubbish and recyclables in a clean and sanitary manner by placing such in an approved storage or disposal facility which is safe and sanitary. Materials not approved for collection by the city shall be disposed of in a manner as prescribed by federal, state or local regulations.
(Ord. 1559; Code 2020)
It is hereby declared to be the duty of the owner or harborer of any animal that dies within the city limits to cause proper disposal of the same immediately. In the event of the neglect or refusal to properly dispose of the animal, the city may dispose of the same and make a reasonable charge against the owner and/or harborer thereof for the disposal of such carcass. Any animal which is disposed of by burial within the city limits shall be buried with a minimum of 24 inches of earth cover.
(Ord. 1559; Code 2020)
The landfill, solid waste collection center and any other solid waste facility or transfer station maintained and operated by the Board of County Commissioners of Dickinson County, Kansas is hereby designated for the use of the city sanitation division and the citizens of the city for the purpose of disposing of all refuse, recyclables, hazardous waste and construction and demolition waste, pursuant to the rules and regulations established on this chapter and by the Board of County Commissioners and their designees.
(Ord. 1559; Code 2020)
It shall be unlawful for any person to commit any of the following acts:
(a) To cause, allow or permit any material or matter whatsoever other than refuse, garbage or rubbish as defined in Section 15-401 to be deposited in any city provided garbage receptacles.
(b) To deposit, place or leave any garbage, rubbish or trash at any collection point in any manner other than in an approved collection container, unless otherwise specifically allowed as part of the disposal preparation requirements established from time to time by the governing body.
(c) To deposit, throw, place or leave any refuse or any other material or materials that are subject to be scattered by wind or otherwise, upon any property, public or private, in the city, except in an approved collection container.
(d) To cause, allow or permit any refuse to burn.
(e) To remove any contents of an approved collection container; provided, however, that this prohibition shall not apply to designated city officials or employees or their duly authorized agents or contractors.
(f) To upset, turn over, damage, remove or carry away any approved collection container.
(g) To deposit, throw, place or leave any approved collection container within the portions of any highway, street, road or alleyway maintained for vehicular traffic or parking.
(h) To place concrete or large rocks in collection containers.
(i) Customers who cause damage to carts will be liable for repair costs or replacement of said cart.
(Ord. 1559; Code 2020)
All bills for municipal solid waste collection services furnished by the city pursuant to this chapter shall be due and payable at such time and at such place or places as the governing body may from time to time specify. Any bill not paid within 10 days from the date the bill is rendered shall be considered delinquent and shall be subject to a late fee in the amount of 10 percent (10%) of the total amount of such bill. Notification of such delinquency shall be given by mail, and shall notify the customer that if such bill is not paid within five days thereafter then the municipal solid waste collection services shall be subject to suspension and shall not be recommenced until all charges for such service have been paid in full. All outstanding amounts owed for trash service shall constitute an encumbrance against the property so served, and the city clerk may deny the provision of any new municipal solid waste collections services to the subject property as long as delinquent charges remain outstanding, irrespective of any intervening change in the ownership or tenancy of the property, and may deny the provision of service to any other property owned or managed by the customer. All terms and conditions enumerated in EXHIBIT A of Ordinance No. 1792, are hereby adopted and incorporated by reference as if set out in full herein as part of this section.
(Ord. 1559; Code 2020; Ord. 1792)
It shall be unlawful for any person to transport burning materials through, over or across the streets, alleys or other public ways of the city.
(Ord. 1559; Code 2020)
The city superintend shall have the authority to establish policies, rules and regulations regarding the operation of the city’s solid waste collection and disposal activities which are not inconsistent with the provisions of this chapter or with any other adopted ordinances or policies of the governing body. The superintendent shall not have the authority to establish any policy that would cause budgetary changes to the sanitation budget.
(Ord. 1559; Code 2020)
The city shall collect and dispose of all refuse within the city limits as a municipal function as allowed by K.S.A. 12-2103. No other firm or company is hereby allowed to collect residential refuse within the City of Enterprise.
(Ord. 1559; Code 2020)
Collection of refuse and recyclables shall be as follows:
(a) Where type 1 service is established, refuse and recyclables shall be collected and removed once each week.
(b) Where type 2 service is established, refuse and recyclables shall be collected on an established frequency as determined by agreement between the customer and the city.
(c) Collection routes and the designated day of collection as to each dwelling unit shall be determined by the sanitation division and may be adjusted from time to time as deemed necessary for the efficiency or economy of operations.
(Ord. 1559; Code 2020)
It shall be the duty of every person in possession, charge or control of any place, premises, building or structure from which refuse accumulates to keep or cause to be kept collection containers provided by the city for the collection and holding of such refuse pursuant to the provisions of this chapter.
(Ord. 1559; Code 2020)
(a) Type 1 service. It shall be the responsibility of the owner or occupant of each dwelling unit designated for type 1 service to adhere to the following practices:
(1) To place collection containers at the collection point not sooner than 5:00 p.m. on the day prior to scheduled collection, nor later than 5:00 a.m. on the day of scheduled collection, and to remove the collection containers to their normal storage location at a point behind the front building line within twenty four (24) hours after collection. Containers placed for collection shall have lids fully closed. No loose or freestanding refuse, bags, articles, or items of any kind or character will be picked up or removed by the service provider.
(2) To maintain the collection containers in a serviceable and sanitary condition, which shall be used exclusively for the placement of approved refuse for collection and disposal by the city. Customers who damage or misuse containers shall be billed the actual cost of replacement of such container.
(3) To remove or cause to be removed any refuse or litter remaining at the collection point which is not collected because of any failure to adhere to the provisions of this chapter.
(b) Type 2 Service. It shall be the responsibility of the common owner or management of multiple dwelling units designated for type 2 service to adhere to the following practices:
(1) To establish, in consultation with the sanitation division, one or more collection points which are readily accessible to the city collection vehicles.
(2) To maintain the collection containers in a serviceable and sanitary condition, which shall be used exclusively for the placement of approved refuse for collection and disposal by the city.
(3) To remove or cause to be removed any refuse or litter remaining at the collection point which is not collected because of any failure to adhere to the provision of this chapter.
(Ord. 1559; Code 2020; Ord. 1775; Ord. 1792)
Fees for the collection and disposal of refuse and recyclables in the city shall be as follows:
(a) Type 1 service.
(1) Curbside or alley collections. A base monthly fee shall be charged as follows :
(A) Within city limits: $20.25 for each dwelling unit when collected adjacent to public streets or alleys, or $22.50 when the desired collection point requires that the collection vehicle enter or travel upon or across private property.
(B) Outside the city limits: $28.25 for each dwelling unit.
(C) If the Roll-Out Container becomes lost, unsightly, unsanitary, broken, or unserviceable due to negligence, acts or omissions of the customer, there will be a $87.00 replacement and switch-out fee.
(D) Oversized items (i.e., mattresses, couches, recliners) shall be assessed a $20 (twenty dollar) per item special pickup fee. These special pickups shall be scheduled through the city office prior to collection.
(2) Additional containers. There shall be an additional monthly rental fee of $17.00 for each additional refuse container required by a customer.
(3) Walk-up collections. Where it is the choice of the customer to have refuse collected adjacent to the dwelling, rather than at a collection point meeting the requirements of this chapter, the base monthly fee shall be increased to $23.25; unless, however, the city manager has waived the application of such an increased fee due to it being established to the city manager’s satisfaction that there is no regular resident of the dwelling unit who is not incapacitated by reason of age or infirmity sufficiently to make it unreasonably difficult to place the collection containers at the otherwise designated collection point for collection. Walk-up collection shall only be provided to the nearest line of the dwelling to the street or alley from which collection services are rendered unless an alternative location is designated by the sanitation division.
(4) Per-bag tag service. Customers who generate only a small amount of rubbish/trash may purchase pre-paid tags to be placed on a bag of trash/refuse not exceeding 40-gallon size, not weighing in excess of 30 pounds, and shall be placed at the curb for collection the same as type 1 service.
(b) Type 2 service.
(1) Base monthly fee. The city superintendent is hereby authorized to maintain, and change from time to time as deemed necessary, a base monthly fee for type 2 service which shall be determined for each facility based upon such factors as the number and sizes of collection containers and the frequency of collection required, as well as such other factors as determined by the city superintendent to impact the costs of providing such collection services; provided, however, that the base monthly fee shall not exceed an amount equal to the number of dwelling units within the facility multiplied by the base monthly fee applicable to type 1 service multiplied by the number of collection provided to the facility per week.
(Ord. 1559; Ord. 1642; Code 2020; Ord. 1775; Ord. 1777; Ord. 1792)
It shall be the option of any commercial establishment located within the city to use the services of the city sanitation division or to select and use a privately owned sanitation service.
(Ord. 1559; Code 2020)
Collection of refuse from commercial establishments may be provided on a weekly, or twice weekly upon the needs of the customer as established on consultation with the sanitation department.
(Ord. 1559; Code 2020)
Containers used by commercial establishments shall be provided by the city. The container size shall be agreed upon by the commercial customer and the city sanitation department and not exceed a total capacity of 8 cubic yards. Commercial establishments utilizing the same containers as provided for residential collection shall be entitled to service under the residential fee schedules set forth in Section 15-415(a), provided that the commercial establishment accepts and adheres to a residential collection pick-up schedule and complies with all of the requirements applicable to residential collection.
(Ord. 1559; Code 2020)
It shall be the responsibility of the owner or management of any commercial establishment receiving service under this article to adhere to the following:
(a) To place or cause to be placed the collection container or containers at a suitable location, determined in consultation with the sanitation division, which is readily accessible to city collection vehicles.
(b) To maintain the collection containers in a serviceable and sanitary condition, which shall be used exclusively for the placement of approved refuse for collection and disposal by the city.
(c) To remove or cause to be removed any refuse, litter remaining at the collection point which is not collected because of any failure to adhere to the provisions of this chapter.
(Ord. 1559; Code 2020)
The sanitation division shall be under no obligation to collect any refuse or recyclables which are not in an approved collection container. If the sanitation division does collect any such refuse, the commercial establishment shall pay an additional charge equal to the minimum monthly charge for each increment in volume of such refuse or recyclables, equal to or less than the volume of the containers for which the commercial establishment’s monthly minimum charge is determined.
(Ord. 1559; Code 2020)
(a) Dumpster Size One collection a week
2 cubic yard $50.00
4 cubic yard $85.00
6 cubic yard $115.00
8 cubic yard $145.00
Dumpster Size Two collections a week
2 cubic yard $100.00
4 cubic yard $170.00
6 cubic yard $230.00
8 cubic yard $290.00
(b) A surcharge of $4 (four dollars) per container cubic yard will be assessed on a monthly basis for service provided outside the city limits.
(Ord. 1559; Ord. 1642; Code 2020; Ord. 1775)
(a) Except as otherwise provided herein, it shall be unlawful for any person or party to engage in the business of the collection of waste, trash or rubbish as defined in section 15-401 of this code within the city unless such person or party is licensed therefor in the manner hereinafter provided.
(b) All such licenses shall be issued by the city clerk upon proper application therefor, upon the presentation of the proof of the satisfaction of all requirements therefor, and upon the payment of the annual license fee, All such licenses shall be issued for a term not to exceed one year from the date if issuance. All such licenses shall expire on the 31st day of December in the year as to which such license is effective.
(c) No such license shall be issued unless the applicant therefor has satisfied the following requirements:
(1) All applicants for such license shall pay a non-refundable license application fee in the amount of $500.00;
(2) All applicants for such a license shall obtain and exhibit satisfactory proof of insurance, with the provision for a 10 day notice to the city clerk prior to cancellation, covering (i) all such licensed activities for comprehensive general liability in an amount not less than $100,000 for each occurrence, and (ii) all vehicles utilized in such collection and disposition activities for such vehicular liability insurance as is then required under the laws of the State of Kansas; and
(3) All applicants for such a license shall exhibit and permit the photocopying by the city clerk the certificate of title of all vehicles to be utilized in such collection and disposition activities.
(Ord. 1559; Code 2020)
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be fined in any sum not less than $10.00 and nor more than $100.00, and by imprisonment for not more than thirty (30) days, with each day of failure to comply with any such provisions of this chapter constituting a separate violation.
(Ord. 1559; Code 2020)