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Legislation #: 040521 Introduction Date: 5/6/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 62, Code of General Ordinances of Kansas City, Missouri, by repealing Sections 62-48, 62-49, 62-53, 62-54 and 62-55 and enacting in lieu thereof new Sections 62-48, 62-49 and 62-53, expanding prohibited practices to include refuse or recycling containers remaining on a curb or right of way for more than 24 hours and establishing penalties for violations of article I and II .

Legislation History
DateMinutesDescription
5/5/2004

Prepare to Introduce

5/6/2004

Referred Operations Committee

5/19/2004

Hold On Agenda

6/2/2004

Hold Off Agenda

1/26/2005 1/26/2005 - Hold On Agenda (2/9/2005)
2/9/2005 Hold On Agenda (2/23/2005)
2/23/2005 Hold On Agenda (3/9/2005)
3/9/2005 Hold On Agenda (3/23/2005)
3/23/2005 Hold On Agenda (4/6/2005)
4/6/2005 Hold On Agenda (4/20/2005)
4/20/2005 Hold On Agenda (5/4/2005)
5/4/2005 Hold On Agenda (5/18/2005)
5/18/2005 Hold On Agenda (5/25/2005)
5/25/2005 Hold On Agenda (6/1/2005)
6/1/2005 Hold On Agenda (6/8/2005)
6/15/2005 Hold On Agenda (6/29/2005)
6/29/2005 Hold On Agenda (7/12/2005)
7/13/2005 Hold On Agenda (7/27/2005)
7/27/2005 Hold On Agenda (8/10/2005)
8/10/2005 Hold On Agenda (8/24/2005)
8/24/2005 Hold On Agenda (8/31/2005)
8/26/2005 Referred to Finance and Audit Committee
8/31/2005 Hold On Agenda (9/7/2005)
9/7/2005 Hold On Agenda (9/14/2005)
9/14/2005 Re-Referred Neighborhoods & Healthy Communities Committee
9/21/2005 Hold On Agenda (10/5/2005)
10/5/2005 Hold Off Agenda
7/26/2012 Release
7/26/2012 Released

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040521 Fact Sheet.pdf Fact Sheet 71K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040521

 

Amending Chapter 62, Code of General Ordinances of Kansas City, Missouri, by repealing Sections 62-2, 62-7, 62-10, 62-48, 62-49, 62-53, 62-54 and 62-55 and enacting in lieu thereof new Sections 62-2, 62-7, 62-10, 62-48, 62-49 and 62-53, expanding prohibited practices to include refuse or recycling containers remaining on a curb or right of way for more than 26 hours and establishing penalties for violations of article I and II.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 62, Code of General Ordinances of Kansas City, Missouri, is hereby amended by repealing Sections 62-2, 62-7, 62-10, 62-48, 62-49, 62-53, 62-54 and 62-55 and enacting in lieu thereof new Sections 62-2, 62-7, 62-10, 62-48, 62-49 and 62-53, to read as follows:

 

Sec. 62-2. Definitions.

 

The following words, terms and phrases, when used in articles I and II of this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Bulky rubbish means items of rubbish either too large or too heavy to be loaded in refuse collection vehicles with safety and convenience by refuse collectors, with the equipment available therefor.

 

City means the City of Kansas City, Missouri.

 

Clustered multifamily housing means a grouping of two or more buildings, each containing at least one dwelling unit, designed or constructed in planned groupings or arrangements, to use common service facilities.

 

Collection means removal and transportation of refuse from its place of storage to its place of processing or disposal.

 

Combined refuse means refuse containing both garbage and rubbish.

 

Commercial garbage means garbage produced at restaurants, hotels, clubs, hospitals, schools and any other commercial, industrial or institutional establishments.

 

Commercial refuse means refuse resulting from the operation of restaurants, hotels, clubs, hospitals, schools and any other commercial, industrial or institutional establishments.

 

Commercial rubbish means rubbish resulting from the operation of restaurants, hotels, clubs, hospitals, schools and any other commercial, industrial or institutional establishments.

 

Director means the director of environmental management of the city, or his authorized representative.

 

Director of fire means the director of fire of the city, or his authorized representative.

 

Director of health means the director of health of the city, or his authorized representative.

 

Disposable refuse container means a refuse container specifically designed to be used only one time, and to be disposed of together with its refuse contents.

 

Disposal means placing refuse in its final repository.

 

Dwelling unit means any room or group of rooms located within a dwelling, and forming a single habitable unit, with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

 

Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.

 

Garbage container means a receptacle used by any person to store garbage during the interval between garbage collections.

 

Occupant means any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner, or as a tenant, either with or without the consent of the owner thereof.

 

Owner means any person who, alone or jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling unit or of any other improved real property, as title holder, as employee or agent of the title holder, or as trustee or guardian of the estate or person of the title holder.

 

Recyclables means cardboard, paper, plastics, and cans made of steel, tin or aluminum that are stored in a recycling bin pursuant to the Citys recycling program.

 

Recycling bin means any container used to store recyclables.

 

Refuse means unwanted or discarded waste materials in a solid or semiliquid state, consisting of garbage or rubbish, or a combination thereof.

 

Refuse container means a receptacle used by any person to store refuse.

 


Residential garbage means garbage produced at houses, apartments or other dwelling units.

 

Residential refuse means refuse resulting from the maintenance and operation of houses, apartments or other dwelling units.

 

Residential rubbish means rubbish resulting from the maintenance and operation of houses, apartments or other dwelling units.

 

Rubbish means nonputrescible solid wastes consisting of combustible and noncombustible waste materials from residential, apartment, commercial, industrial and institutional establishments, including yard wastes and items commonly referred to as "trash."

 

Solid waste means refuse.

 

Storage means keeping, maintaining or storing refuse from the time of its production until the time of its collection.

 


Sec. 62-7. Location and identification of refuse containers and recycling bins.

 

(a) Disposable and nondisposable refuse containers for residential refuse and mixed residential and commercial refuse, except that generated by hotels and motels, shall be located during the interval between collection only upon the rear yard or a side yard of the premises upon which the refuse is generated, except as otherwise provided in this section. Disposable and nondisposable refuse containers for residential refuse and mixed residential and commercial refuse, except that generated by hotels and motels, shall not be located during the interval between collection in the side yard on the street side of a corner lot. Disposable and nondisposable refuse containers for residential refuse shall not be set out for collection before 3:00 p.m. the day before the scheduled day of collection. Such refuse containers for residential refuse shall be set out at a location within ten (10) feet of the curb or street edge.

 

(b) Except as otherwise provided in this section, disposable and nondisposable refuse containers for commercial refuse may be located during the interval between collection upon any portion of the premises upon which the refuse is generated, except that portion of the premises within eight feet of the front street line. If the commercial premises are adjacent to residential premises, the disposable and nondisposable refuse containers must also be located behind a line running parallel to the street line at a depth equal to the minimum front yard of the adjoining residential premises, as required by the zoning ordinance.

 

(c) No disposable or nondisposable refuse container shall be located during the interval between collection on any area not complying with the regulations set out in subsections (a) and (b) of this section unless the owner or occupant has first obtained a permit from the director. The director may approve the storage of disposable and nondisposable refuse containers elsewhere on the premises only upon finding that locating the refuse container in compliance with subsections (a) and (b) of this section would prevent storage and collection or would impose an undue hardship upon the owner or occupant of the premises due to the person's advanced age or physical limitations. Any such permitted location shall be screened from any adjoining residential property or residential property lying across a street by a solid wall or a tight fence sufficient in height to screen the refuse container from view. Such screening shall not be subject to the building code or the zoning ordinance. The director may also approve the temporary storage of a nondisposable refuse container in any area not complying with subsections (a) and (b) of this section upon a finding that the container must be located in that area to provide refuse storage during construction or to provide refuse storage needed to protect public health or safety.

 

(d) Disposable and nondisposable refuse containers for commercial refuse shall be located during the interval between collection upon private property, unless use of public property shall have been specially granted for such purposes, at points which shall be well drained and fully accessible to collection equipment and to public health inspection and fire inspection personnel.

 

(e) All nondisposable refuse containers having a volume of seven cubic feet (52.4 gallons) or more shall have the name and telephone number of the owner of the container printed on the front and back of each container. The lettering shall be distinct and each character shall be not less than one inch in height.

 

(f) Residential recycling bins and recyclables, except those generated by hotels and motels, shall be located during the interval between collection only upon the rear or side yard of the premises upon which the refuse is generated, except as otherwise provided in this section. Residential recycling bins and recyclables, except those generated by hotels and motels, shall not be located during the interval between collection in the side yard on the street side of a corner lot. Recycling bins and recyclables shall not be set out for collection before 3:00 p.m. the day before the scheduled day of collection. Such recycling bins and recyclables shall be set out at a location within ten (10) feet of the curb or street edge.




Sec. 62-10. Hearings and appeals; board of refuse appeals.

 

Any person deeming himself aggrieved by any determination made by the director, the director of fire or the director of health, as provided in this article, except for determinations made pursuant to Section 62-4 and Sections 62-7(a) and (f), upon written application therefor filed with the director making such determination, shall be accorded a hearing before such director for the reconsideration of such determination. At such hearing, such person may appear in person or by counsel, hear the evidence presented by the city, cross examine witnesses, and introduce evidence on his own behalf. Within ten days after such hearing, such director shall render his written decision thereon, and shall notify such person of his decision within five days thereafter. Any person deeming himself aggrieved by any such decision may, within ten days after notification thereof, file with such director a written notice of appeal from such decision to the board of refuse appeals, which shall consist of the director, the director of fire and the director of health, except that, in each such appeal, the director having rendered the decision appealed from shall be replaced on the board by the city manager or his authorized representative, who shall be ex officio chairman thereof. Upon appeal, the matter shall be heard de novo, with the appellant enjoying the same rights to participate as in the original hearing. Upon request of the appellant, the board shall order a transcript of the proceedings to be made at the cost of the appellant, and shall enter in writing its findings of facts and conclusions of law made therein in all cases. The decision of the board shall be conclusive, unless further appealed to a court of competent jurisdiction.

 

Sec. 62-48. Authority to prescribe additional rules and regulations.

 

(a) The director is authorized to make and promulgate reasonable and necessary rules and regulations to carry out the provisions of this article, governing, but not limited to:

 

(1) Schedules of and routes for collection of refuse and recyclables;

 

(2) Preparation, drainage and wrapping of garbage deposited in refuse containers; provided, however that the director shall make no rule or regulation prohibiting the storage of properly prepared, drained and wrapped garbage in refuse containers containing other refuse;

 

(3) Specifications for refuse containers, including the type, composition, equipment, size and shape thereof. Such rules and regulations may require use of disposable refuse containers together with appurtenant equipment including holder and covers therefor, and, whenever such disposable containers are furnished by the director, such appurtenant equipment shall be furnished by the owners as provided in section 62-50. Such rules and regulations as pertain to multifamily housing, whenever refuse is collected from such premises by the city under terms of this article, may require or permit the use of large bulk-type refuse containers to be furnished by the owners as provided in section 62-50;

 

(4) Identification of refuse containers and of the covers thereof, and of equipment thereto appertaining, if any;

 

(5) Weight limitations on the combined weight of refuse containers and the contents thereof, and weight and size limitations on bundles of refuse too large for refuse containers, provided that the weight and bulk of each of such containers and bundles shall not exceed the weight and bulk which the director shall find can be loaded in refuse collection vehicles with safety and convenience by the collectors, with the equipment available therefor;

 


(6)               Quantity limitations pertaining to the number of refuse containers or bags that the City will collect;

 

(7) Storage of refuse in refuse containers;

 

(8) Sanitation, maintenance and replacement of refuse containers;

 

(9) Collection and disposal of refuse;

 

(10) Collection points of refuse containers and bundles of refuse too large for refuse containers; and

 

(11) Institution and maintenance of experimental and research projects within specified portions of the city for limited periods; provided, however, that such projects meet all health and sanitation requirements provided for in articles I and II of this chapter.

 

(b) Such reasonable and necessary rules and regulations are hereby authorized which relate to the safe, tidy and sanitary storage, and to the safe, tidy, sanitary, efficient and economical collection and disposal, of refuse to be collected by the city under the provisions of this article, with due respect to the number of workers and the quantity and types of equipment available to provide such service from time to time; provided, moreover, that the director may, by regulation, provide separately for the specifications of disposable and nondisposable refuse containers, but refuse containers, of whatever type, when containing refuse, shall be kept securely closed when not in actual use.

 

(c) A copy of any and all rules and regulations made and promulgated under the provisions of this section shall be filed in the office of the director of records.

 

Sec. 62-49. Prohibited practices.

 

It shall be unlawful for any person to:

 

(1) Deposit refuse in the refuse container, or upon the premises, of another person, dwelling unit or establishment without the consent of such person or of the occupant of such dwelling unit or establishment. For purposes of this subsection, premises shall mean any public or private parcel of real property, including any portion of a street, sidewalk, alley, boulevard, highway, right-of-way, park, parkway, public square or viaduct adjacent to the parcel;

 

(2) Remove recyclable items separated from refuse from a recycling bin of another person, without the consent of such person, unless the person removing the recyclable items is a law enforcement officer performing law enforcement duties;

(3) Interfere in any manner with refuse collection equipment or with refuse collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the city or those of a refuse collection contractor operating under a contract with the city;

 

(4) Own or occupy premises in violation of the storage and set-out requirements of section 62-7;

 

(5) Locate between collections a disposable or nondisposable refuse container or recycling bin at a point not conforming with section 62-7;

 

(6) Place disposable or nondisposable refuse containers or recycling bins for residential premises or refuse and recyclables not in a receptacle or bin upon, or within ten feet of a curb or street edge before 3:00 p.m. the day before a scheduled collection;

 

(7) Own or occupy residential premises and cause, permit or allow to remain refuse containers or recycling bins or refuse or recyclables not in a refuse container or recycling bin within ten feet of a curb or street edge for more than 26 hours;

 

(8) Violate any of the provisions set out in article I or II of the chapter; or

 

(9) Operate or permit the operating of a refuse compacting mechanism of any motor vehicle or collect refuse with a refuse collection vehicle in violation of section 46-164;

 

Sec. 62-53. Penalty for violation of articles I and II.

 


 

(a) Any person violating any of the provisions of article I or article II of this chapter, or any lawful rule or regulation promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than $25.00 and not more than $500.00, or by imprisonment in the municipal correctional institution for a period not to exceed six months, or both.

 

(b) Each day's violation thereof shall be a separate offense for the purposes of this section.

 

Sec. 62-5462-80. Reserved.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Joseph A. Guarino

Assistant City Attorney