Holyrood ordinance for Solid Waste Management

(First Published in the Ellsworth County Independent/
Reporter, July 23, 2020)

ORDINANCE NO.    622

AN ORDINANCE PROVIDING FOR MUNICIPAL
COLLECTION OF SOLID WASTE: DEFINING TERMS; PRESCRIBING RULES AND REGULATIONS THEREFORE; REGULATING THE PRIVATE COLLECTION OF SOLID WASTE; PRESCRIBING RULES AND REGULATIONS FOR HAULING SOLD WASTE WITHIN OR THROUGH THE CITY; PROHIBITING THE DEPOSIT OF LITTER WITHIN THE CITY; REGULATING THE BURNING OF TRASH; PROVIDING FOR THE FIXING AND LEVYING OF SOLID WASTE SERVICE CHARGES, AND REPEALING ORDINANCE NUMBER 327, IN THE CITY OF HOLYROOD, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOLYROOD, KANSAS:
SECTION 1.  DEFINITIONS:
For the purpose of this Ordinance, the following definitions shall apply:
A) “PERSON” shall mean an individual, partnership, corporation, institution or any other legal entity responsible for an act;
B) “CONTRACTOR” shall mean a person with whom the City has a contract to collect and dispose of solid waste:
C) “SOLID WASTE” shall mean garbage, refuse and other discarded materials including, but not limited to, materials resulting from industrial, commercial, agricultural and domestic activities; excluding household hazardous waste.
D) “HOUSEHOLD HAZARDOUS WASTE” shall mean items or products that contain or are composed of one or more of the items identified by the Environmental Protection Agency as hazardous waste.
E) “SINGLE DWELLING UNIT” shall mean a place of abode or habitation occupied by one individual or one family group.
F) “MOBILE HOME” shall have the same meaning as single dwelling unit.
G) “DUPLEX” shall mean two single dwelling units.
H) “MULTI-DWELLING UNIT” shall mean a structure containing more than two single dwelling units.
I) “COMMERCIAL AND INDUSTRIAL UNIT” shall mean all structures not occupied as a single dwelling unit or units and shall include motes, and hotels.
J) “SEMI-DWELLING UNIT” shall mean a commercial or industrial structure in which there is also a single dwelling unit or units.
SECTION 2.  COLLECTION OF SOLID WASTE
A) The City of Holyrood, Kansas is hereby granted the exclusive control over of all solid waste, provided, however that the City may provide for the collection service by contracting or licensing or franchising a person, as may be deemed to be in the best interest of the City.
B) The City or its authorized contractor shall collect solid waste from each single dwelling unit within the City not less than twice (2) weekly except if legal holiday falls on regular pick up day, pickup may be once that week.
C) Commercial and industrial units shall not create a nuisance through the accumulation of waste.
D) It shall be the duty of any person in possession or control of any premises to place the containers required hereafter in a convenient location for collection as designated by the City and the contractor, whereby collections can be obtained without going into buildings or fenced yards.
E) All non household waste such as brush, broken concrete, ashes, sand or gravel, automobile frames, dead trees, lawn waste and other bulky heavy materials shall be disposed of at the expense of the owner or person controlling the same.
F) Manure from cow lots, horse stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations or materials considered hazardous and dangerous, shall be removed and disposed of at the expense of the owner or person controlling the same.  Waste from household pets hall be placed in disposable plastic containers
SECTION 3.  CONTRACT
The Governing Body of the City of Holyrood, Kansas, shall have the authority to enter into a contract with any responsible person for the collection of solid waste within the City which said contract shall be in substantially the following form:
    Subject of contract
    Rates to be charged
    Equipment Requirements
    Facility to be used
    Insurance Requirements
    Bond Requirements
    Violation of Contract
    Agreement to Ordinance
    Escape Clause
    Recycling
    Incorporation of Ordinance
SECTION 4.  CONTAINERS
A) It shall be the duty of every person to provide and at all times to maintain in good order and repair a portable container or containers for solid waste storage of sufficient capacity and or sufficient numbers to accommodate and surely hold all of the solid waste between regular scheduled collections.  Containers shall be securely closed.  The containers shall have handles or other suitable lifting devices or features.  Containers shall be light weight and sturdy construction.  Containers must have tapered sides.  A secured closed plastic garbage bag is also acceptable.
SECTION 5.  GARBAGE HANDLING
Within the corporate limits of the City, all garbage or refuse consisting of waste, animal and vegetable matter, which attracts flies, dogs, or rodents, shall be drained or all excess liquid and placed or stored until collected in plastic bags or covered suitable containers as described in Section 4.
SECTION 6.  PROHIBITED PRACTICES
A) No person shall permit to accumulate on any premises, improved or vacant, or on any public place in the City, any solid waste in any manner other than herein provided.
B)  No person shall bury refuse any place within the City of Holyrood, keep, place or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied or under possession and control of such person.
C) No person shall create, cause, or add to any refuse accumulation not placed for regular or special haul, or to cause unwholesome odors, or to cause the attraction or collection of insects or rodents, or burn any garbage or refuse within the City unless the operations are approved by the Governing Body.
D) No person shall throw, rake, deposit, dump, drop or spill litter, waste material or foreign material upon the streets, sidewalks or other public right-of-way within the City.  Provided, further, that nothing in this ordinance shall prevent any person under permission of the City from encumbering the streets or alleys with building material or earth as may be necessary for the purpose of construction, erection, adding to, remodeling or repairing any building or structure or resulting from demolition operation, provided, however that the event of such encumbering of the streets or alleys, the contractor, owner or occupant shall remove any and all materials remaining within ten (10) days from the completion of the work, and shall leave the said street or alley in the same or better condition than they were in prior to such use thereof.
SECTION 7.  PERMITS
No person shall collect or haul over the City streets and alleys any solid waste unless such person shall have a contract with the City, provided that this section shall not apply to department of City Government, provided further, that nothing in this section shall be construed to prevent a person from casual hauling of his own refuse accumulated at his own dwelling unit or business establishment or prohibiting private contractors, whose operations result in the accumulation of solid waste, from hauling and disposing of such accumulations of solid waste resulting from their own operations, in such a manner as not to endanger the public health or safety, or to create a nuisance to the inhabitants of said City provided that such person shall have adequate hauling equipment.  Nothing herein shall relieve any person from the obligation of paying the collection and disposal rates as hereinafter set forth in Section 7.
SECTION 8.  CHARGES FOR COLLECTION AND DISPOSAL
The City of Holyrood, Kansas, in providing the service of collecting and disposing of solid waste within the City for the purpose of preventing unsightly, hazardous, unhealthy and dangerous conditions caused by the accumulation of solid waste, shall establish and collect a service charge or fee to defray the cost and maintenance of service and to pay any person contracting with the City for the collection and disposal thereof.  There shall be charged, assessed and collected from each commercial, industrial unit and multi-dwelling unit, within the City a monthly amount negotiated by the interested party and the City Governing body or the contractor.  All charges for collection and disposal will be subject to revision at any time after the first six (6) months of operation of said service.
SECTION 9.  CHARGES TO BE ON UTILITY BILLS
All bills for solid waste disposal charges from single dwelling units shall be included in monthly utility bills and no payment shall be accepted by the City, except for the full amount billed for all services and delinquent solid waste disposal bills shall carry the due dates, grace period and penalties as utility bills.
Every entity that makes an application to the city clerk’s office for electrical hook-up as described in City Code Chapter 15 Article 3 shall also be required to have an account for solid waste collection service.
SECTION 10.  APPLICATION OF ORDINANCE TO SEWAGE
This ordinance shall not apply to shredded garbage and liquid waste which is properly transported or required to be transported and deposited in the City sewer and sewage disposal system.
SECTION 11. PENALTIES
Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not less than $25.00 or more than $100.00, provided that each day’s violation shall be a separate offense.
SECTION 12. SEVERABILITY
If for any reason any section, subsection, sentence, clause or phrase of this ordinance is declared to be unconstitutional or invalid, such decision shall not affect the validity or any remaining section, subsection, sentence, clause or phrase of this ordinance.
SECTION 13. EFFECTIVE DATE
This ordinance shall take effect and be in force from and after its passage, approval and publication once in the official City newspaper of the City of Holyrood, Kansas.
This ordinance passed by the Governing Body of the City of Holyrood, Kansas, this 20th day of July, 2020.

Brandon Koch, Mayor

Attest:

Stephanie Petermann, City Clerk    
1t 7/23