For purposes of this article, the following defined words and terms shall have the following meanings:

Bulky waste” means items whose precludes or complicates the handling processing or disposal methods; large size or shape by normal collection,

Business or commercial establishment or institution” means any building, structure or premises not defined as a “residence.”

City” means the City of Marquette, Kansas.

Collect” or “Collection” means the process of gathering, picking up, transporting or hauling solid waste for disposal or processing. “Collect” does not include accumulation or solicitation for accumulation of solid waste at a business or commercial establishment or institution.

Commercial garbage” means garbage produced from activities on any premises other than an occupied residence or dwelling unit;

Commercial trash” means solid waste generated by any business or commercial establishment or institution (as defined herein), but does not include garbage, hazardous waste, bulky waste (all as defined herein) or sewage.

Demolition and construction waste” means lumber, masonry, concrete, other building materials, and the resultant mixture with soi1 or other so lid waste resulting from construct ion, remodeling, repair or demolition of buildings, structures, pavements, bridges, and similar projects.

Garbage” means the animal and vegetable waste or mixture thereof resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce, and other foods and shall include unclean containers. This definition is intended to include all material defined as “garbage” in K.S.A. 12-2101(1).

Generator” means any person actually bringing into existence, generating or producing solid waste or recyclable materials, and includes its point of generation or origin.

Hazardous wastes” means solid and liquid wastes which require special handling and/or disposal to avoid illness or injury to persons or damage to property and to protect and conserve the environment and shall include but not be limited to pesticides, acids, caustics, other dangerous chemicals pathological wastes, radioactive materials, flammable or explosive materials, oils and solvents and similar chemicals and materials that are significantly contaminated with one or more of the above enumerated wastes and shall also include containers and materials that have been contaminated with hazardous wastes. Furthermore, such definition shall be expanded to include materials or substances which by reason of their composition or characteristics are:

(a)   Hazardous waste as defined in the Solid Waste Disposal Act, 42 U.S.C. § 6901, et or the regulations thereunder, Resource Conservation and Recovery Act, Subtitle D, and applicable Kansas Statutes or the regulations thereunder, and any similar or substitute legislation or regulations or amendments to the foregoing.

(b)   Any other materials which any governmental agency or unit having appropriate jurisdiction shall determine from time to time are harmful, toxic or dangerous.

Occupant of premises” means the occupant of any premises within the City.

Person” means any individual, firm, trust, partnership, company, association, corporation, institution, political subdivision or state agency or federal department or agency.

Premises” means land, buildings, or other structures or parts thereof upon or in which refuse is stored or accumulated.

Recyclable materials” means any solid waste which is, or may from time to time be considered, subject to being reclaimed and sold or given away for the purpose of reprocessing into other useful materials. “Recyclable materials” includes, but is not limited to, paper, cardboard, newsprint, metal cans, glass bottles and all forms of recyclable plastic, including bottles, containers and bags.

Residence” means any building or structure used solely as a family domicile including single and multifamily dwelling units, duplexes, triplexes, and trailer courts but shall not include hotels, tourist courts, motels, motor courts, motor hotels, or apartments.

Sewage” means sewage as defined by K.S.A. 65-164, which includes any substance that contains any of the waste products or excrements or other discharges from the bodies of human beings or animals, or chemical or other wastes from domestic, manufacturing or other forms of industry.

Solid waste” means garbage, trash, commercial garbage, commercial trash, demolition and construction waste and all other discarded materials (including recyclable materials), but is not limited to, useless, unwanted or discarded solid or liquid (other than sewage) material relating to or produced by agricultural, commercial, domestic, industrial or manufacturing generators and includes rubbish, paper, rocks, cans, bottles and other containers, packing material, housewares, leaves, grass, parts of trees, shrubs and other vegetation, ashes, lumber, masonry, concrete and other building materia1s, appliances and furniture, pesticides, chemicals, medical wastes, flammable and explosive materials, oils and solvents, manure, street sweepings and mud trap accumulations. The term “solid waste” does not include any uncontaminated earth, stone or minerals or junk vehicles or hazardous wastes, although “solid waste” may include small amounts of non-regulated and spent or empty containers of hazardous wastes mixed with regular refuse.

Solid waste collector” means any governmental agency (including the McPherson Area Solid Waste Utility) or person collecting, transporting, and disposing of sol id waste, subject to the conditions of this article, which has a contract with the City for collection. It shall also mean the person owning and or operating and in physical control of a vehicle used for such purpose.

Trash” means all non-putrescible solid wastes, including all materials defined as “trash” in K.S.A. 12-2101(2).

(Ord. 357; Ord. 392; Ord. 479; Code 2018)

The City of Marquette, Kansas shall have exclusive control over all solid waste generated within the City.

(Ord. 392; Ord. 479; Code 2018)

The City shall provide for the collection and disposal of all solid waste generated within the City. The City may do so directly, or by contracting with any person to furnish such services. The City hereby ratifies and confirms the Interlocal Cooperation Agreement under which the McPherson Area Solid Waste Utility is currently collecting and disposing of solid waste generated within the City. Further, pursuant to K.S.A. 12-2103, the City hereby designates the McPherson Area Solid Waste Utility as the sole collector of all solid waste, generated within the City.

However, the following activities are excluded from the operation of this section and section 15-411:

(a)   Collectors and haulers of hazardous wastes;

(b)   Persons hauling solid waste generated from their own business activities, business or commercial establishment or institution, or residence without contracting with a private or commercial hauler; and

(c)   Building contractors disposing of demolition and construction waste generated from their project sites without contracting with a private or commercial hauler.

Sewage and hazardous wastes shall be removed and disposed of by the owner or occupant of the premises upon which the same have been generated, at the expense of the generator, in compliance with law, and as many as may otherwise be required or approved by ordinance or the governing body of the City.

(Ord. 392; Ord. 479; Code 2018)

The City or its authorized contractor shall make at least one weekly collection of solid waste from each residence and each generator of commercial garbage and/or commercial trash within the City. More frequent collections of commercial garbage and/or commercial trash may be made by agreement between the generators of such garbage and trash and the City, with the approval of the City’s contractor, if any.

(Ord. 479; Code 2018)

Residential collections shall be made from the curb line on pickup day. Containers shall be placed in such location as may be determined from time to time by agreement between the City and the contractor. Containers shall be placed in a clearly visible location within two (2) feet of the curbline of the street from which the residence is serviced, except that containers shall not be placed in the street or on the sidewalk, or in any manner placed where they will interfere with or be obstructed by vehicular or pedestrian traffic. Containers should be placed at the curb no earlier than 4:00 p.m. of the afternoon preceding the collection day and must be removed to a point at the side, rear or inside of the residence not later than 8: 00 p.m. of the day following collection. Collections of commercial garbage, commercial trash and industrial solid waste shall be made at a location on the premises of the generator as may be determined by agreement between the City and the contractor. Items of bulky waste that cannot be reduced to container size shall be removed and disposed of by the contractor at such times and in such manner as may be determined from time to time by agreement between the City and the contractor.

(Ord. 479; Code 2018)

The owner or occupant of every residence shall, and business or commercial establishments or institutions generating one cubic yard of solid waste (or less) per pickup may, furnish a container or containers for the solid waste generated on such premises meeting the standards set forth in this article. Plastic bags meeting the standards set forth herein may be used as long as they are not permitted to be torn or broken and the contents scattered. The contractor shall not be required to pick up broken and scattered bags and trash. All other containers must be standard garbage containers, must have a tight-fitting lid and may not contain over 32 gallons by volume (except in the case of standard polycarts provided by the occupant or the contractor). The contractor may rent to the generator, or provide as part of its service, standard polycarts or trash carts, in place of standard bags or -cans, upon agreement between the City and the contractor. The contractor shall only be required to pick up those carts as are approved by and under the terms and conditions of an agreement regarding same entered into between the City and the contactor. The contractor shall furnish commercial containers for all business or commercial establishments or institutions, as needed. Those items of solid waste that are not subject to being readily contained in a trash container, such as hedge clippings, tree limbs, brush, vines, and other things of similar nature, shall be in tied bundles not exceeding four (4) feet in length and the diameter of such bundles not to exceed two (2) feet, nor shall the weight of such bundles exceed seventy-five (75) pounds. Containers furnished by generators shall be of substantial galvanized metal or plastic construction, fly-tight, water-tight and provided with handles on the sides and a tight-fitting lid or cover with handle. Containers shall hold not less than twenty (20) nor more than thirty-two (32) gallons, and no single container shall weigh more than seventy-five (75) pounds when filled. Disposable waterproof plastic bags, of the same size and of sufficient quality and strength, may also be used if placed in the container or at the curbside on the day of pickup. A sufficient number of containers shall be provided for storage between collections without overloading containers and/or causing spillage or littering. All containers shall be kept clean and in good repair. Lids or covers shall be kept securely in place at all times that the containers are filled. Non-standard containers are prohibited unless the type, size, installation and location are specifically approved by the City and contractor. Any container that does not conform to the provisions of this article, or that may have ragged or sharp edges, or has deteriorated or become damaged to the extent that the cover will not fit, or has breaks or openings created by rust or wear, or has any other defect liable to hamper or injure the person collecting the contents thereof, or has any inside structure such as bands or reinforcing angles or anything within the container to prevent the free discharge of the contents, shall be promptly replaced by an approved container upon receipt of notice to that effect from the City or contractor, or its appointed representative, to the occupant of the premises. If the container is not replaced by the second collection after notice has been given, it shall be disposed of by the contractor. Notice may be placed on the container itself, left at the premises, or sent by mail.

(Ord. 392; Ord. 479; Code 2018)

Upon approval of an agreement with the contractor, the City may adopt a polycart system of solid waste collection. Under such system and agreement, ninety (90) gallon polycart containers will be furnished by the contractor for each residence and eligible business and commercial establishments and institutions for the storage of solid waste. All residences, businesses, commercial establishments, and institutions shall be required to utilize said containers unless commercial containers are utilized. The polycarts will be initially distributed and placed by contractor upon execution of an agreement with the City. The contractor shall perform polycart pickup services for residence, business, commercial establishments and institutions one (1) time per week. In addition to collecting solid waste placed in polycarts, the contractor shall also collect one (1) bag or bundle placed beside the polycart at no additional fee, provided the bag or bundle weighs less than seventy-five (75) pounds and does not exceed two (2) feet in diameter or four (4) feet in length.

(Ord. 479; Code 2018)

The City shall establish and collect service charges or fees to def ray the cost of services provided pursuant to this article (except is otherwise agreed with respect to billing between the City and the contractor), and may use revenues generated from such charges to pay the contractor for services rendered. Such service charges and fees shall be computed and charged to the owners or occupants of residences and business or commercial establishments as nearly as practicable upon the basis of volume generated and number of pickups per week, except that all residences and business or commercial establishments or institutions shall pay a monthly minimum fee, regardless of the volume generated. All service charges and fees shall be approved by the governing body of the City. The contractor may bill and collect for any service provided to any person within the City outside the scope of the contractor’s contract with the City according to a rate schedule to be filed with and approved by the governing body of the City.

(Ord. 357; Ord. 371B; Ord. 392; Ord. 479; Code 2018)

All charges for solid waste collection and disposal services shall be billed as agreed between the City and the contractor to the respective owners or occupants of residences and businesses or commercial establishments, and payments for services shall be made directly to the billing party. Billings by the City shall be upon such terms and with such grace periods and penalties as are provided for other City utility bills.

(Ord. 479; Code 2018)

No person shall permit to accumulate on any improved or vacant private property, or on any public property in the City, any quantity of solid waste which, in the opinion of the governing body of the City, constitutes a health, sanitation or fire hazard. No person shall bury any solid waste at any place within the City or keep, place or deposit solid waste on any public or private property within the City. No person shall store or accumulate solid waste prior to collection in such a manner as to cause unwholesome odors, or to attract insects or rodents. No person shall throw, deposit, drop or spill any garbage, trash or other solid waste on the streets, sidewalks or other public rights-of-way within the City. No person shall hire or permit any other person to collect or haul garbage, trash or solid waste generated within the City unless such person shall have a contract with or permit from the City or the City’s contractor.

(Ord. 479; Code 2018)

Except as permitted herein, no person shall collect or haul over the streets of the City any garbage, trash or solid waste unless such person shall have a contract with or permit from the City or the City’s contractor. This section shall not prevent a person from on occasion hauling garbage, trash or solid waste accumulated at such person’s residence, business, commercial establishment or institution in such a manner as not to endanger the public health or safety or to create a nuisance to the inhabitants of the City. Any items hauled in such manner shall meet requirements of the Kansas Department of Health and Environment. Anyone hauling garbage, trash or other solid waste pursuant to this exception shall not thereby be entitled to reduction of service charges for ordinary residential or commercial trash collection. This section shall not apply to municipal, state or federal governmental entities hauling solid waste generated from their operations.

(Ord. 479; Code 2018)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined not less than $10.00 and no more than $500.00. Each day’s violation shall constitute a separate offense.

(Ord. 479; Code 2018)

Any person who violates any provisions of this article shall incur, in addition to any other penalty provided by law or ordinance, a civil penalty in the amount of up to Five Hundred Dollars ($500.00) for every such violation; and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation. The appropriate authorities of the City or the McPherson Area Solid Waste Utility, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceedings to prevent or correct violations of this article and collect such civil penalties.

(Ord. 479; Code 2018)