COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 090053, AS AMENDED
Amending Chapter 62, Code of
Ordinances, by repealing Sections 62-1 through 62-12 and Sections 62-41 through
62-55, and enacting new sections in lieu thereof for the purpose of updating
the solid waste code to reflect current refuse collection and management
practices; and eliminating the board of refuse appeals.
WHEREAS, the
City of Kansas City, Missouri has witnessed marked changes in solid waste
management practices in the approximately forty years since its current solid
waste code was enacted; and
WHEREAS, the City has
recently taken significant steps towards modifying its solid waste program in
an environmentally-conscious manner by taking such actions as implementing the
curbside collection of recyclable materials and funding the operation of various
sites throughout the City where residents can bring their recyclable materials;
and
WHEREAS, revisions to
the Code are necessary to reflect modern collection practices and address the
full array of services being provided by City; NOW, THEREFORE,
BE IT
ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 62, Code of Ordinances, is hereby amended by repealing Section 62-1,
Title and intent of articles I and II; Section 62-2, Definitions; Section 62-3,
Duty to provide for storage, collection and disposal of refuse; Section 62-4,
Standards for storage of refuse; Section 62-5, Permit for collection and
disposal of refuse; Section 62-6, Frequency of collection; Section 62-7,
Location and identification of refuse containers; Section 62-8, Refuse
collection vehicles; Section 62-9, Authorized locations for disposal of refuse;
Section 62-10, Hearings and appeals; board of refuse appeals; Section 62-11,
Hauling and dumping of construction debris or earth and rock; and Section
62-12, Erosion control; and enacting in lieu thereof new Sections 62-1 through
62-12, to read as follows:
Sec. 62-1. Policy
declaration.
(a)
Articles I and II of this chapter are intended to regulate the storage,
disposal and collection of refuse as defined in this chapter. The City Council
hereby declares it to be the policy of the City of Kansas City, Missouri that
all refuse generated within the Citys corporate limits be lawfully stored,
disposed and collected in such a manner as to protect the public health and
safety, minimize the flow of refuse into landfills, and maximize the diversion
and recovery of reusable, recyclable materials from the refuse stream.
Sec. 62-2. Definitions.
(a) 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 that a different meaning is intended:
(1) Bulky
items - items to be discarded, common to a household, which weigh
more than 40 pounds or have a combined dimension of length, plus width, plus
height that exceeds one-hundred (100) inches.
(2)
City - the City of Kansas City, Missouri.
(3) Clustered multifamily housing a grouping of two or
more buildings under common ownership or management, containing at least one
dwelling unit per building, designed or constructed in planned groupings or
arrangements, and providing common facilities or services.
(4) Collection -
removal and transportation of refuse from its place of storage to its place of
processing or permanent disposal.
(5) Contaminants material(s) that cause refuse,
recycling, leaves and brush, and/or bulky to become inferior or impure for
collection by the admixture.
(6)
Director - the director of public works, or his authorized
representative.
(7)
Disposal - placing refuse in its final repository.
(8)
Dwelling unit - 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.
(9)
Eligible dwelling unit - any dwelling unit to which City-provided
refuse collection and disposal services are extended as provided in section
62-41(a).
(10)Garbage - putrescible animal or vegetable
wastes resulting from the handling, preparation, cooking, serving or
consumption of food.
(11) Hazardous Materials materials that, by
law, are banned from local landfills and/or from curbside collection.
(12) Leaves and brush - organic, compostable
materials, excluding grass clippings, generated from residential property
within the City.
(13) Non-disposable refuse container a leak
proof receptacle manufactured and intended for reuse, used to store refuse
between collections.
(14)
Occupant - 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.
(15) Open storage or Openly stored keeping,
maintaining or storing refuse from the time of its production until the time of
its collection on premises outside of any building.
(16) Owner - 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.
(17) Recyclable materials - refuse materials
that have been diverted from the refuse stream and conventional disposal and
that are of such a nature that they may be reprocessed or remanufactured for
secondary use.
(18) Recycling container - a non-disposable
receptacle (KC Recycles bin) provided or made available for purchase by the
City for the purpose of storing recyclable materials during the interval
between collections and placing the same curbside for City-provided collection,
if applicable.
(19)
Refuse - unwanted or discarded waste materials in a solid or semi
liquid state, consisting of garbage, rubbish, or a combination thereof.
(20) Rubbish -
nonputrescible waste materials, both combustible and noncombustible.
Sec. 62-3. Duty to
provide for storage, collection and disposal of refuse.
All
persons owning or occupying any dwelling unit producing refuse, and all persons
owning, operating, or managing any restaurant, hotel, club, hospital, school,
or any other commercial, industrial or institutional establishment producing
refuse shall provide and maintain sufficient and adequate non-disposable refuse
containers for the storage of such refuse during the interval between its
collection and shall make adequate provision for the collection and disposal of
all refuse produced upon any such premises, all in accordance with the
provisions of this chapter and the rules and regulations adopted hereunder.
City-provided refuse collection and disposal services shall be provided solely
to eligible dwelling units pursuant to the terms, conditions and exceptions as
set forth in article II of this chapter and the rules and regulations adopted
thereunder.
Sec. 62-4.
Standards for storage of refuse during intervals between collections.
The open storage of refuse during the
interval between collections shall conform to the following requirements:
(1) Refuse
shall be stored in non-disposable refuse containers, which shall be securely
covered at all times, while not in actual use, with tight fitting covers.
(2) Refuse containers
shall be so constructed and maintained as to prevent the dispersal of refuse
placed therein upon the premises served, upon adjacent premises, or upon
adjacent public rights-of-way.
(3) Refuse
containers shall be continuously maintained in a clean, neat and sanitary
condition, free of structural defects.
(4) Refuse
containers shall be repaired or replaced from time to time when any such
container shall no longer meet the requirements of this article or the rules
and regulations adopted hereunder.
(5)
The adequacy and sufficiency of refuse containers shall be determined
with reference to their physical properties, as being capable of containing and
storing refuse in a safe and sanitary manner related to their particular use,
the quality and quantity of the refuse to be stored therein, the frequency of
their collection and use, and the type and extent of handling required to store
refuse therein and to dispose of the refuse stored therein.
(6)
Notwithstanding anything herein to the contrary, the storage of refuse
in any refuse container issued or made available to any dwelling unit by the
City, whether for recycling purposes or otherwise, shall be deemed to meet the
standards required by this section provided such refuse container is used in
its intended manner and is maintained in a clean, neat and sanitary condition,
free of structural defects.
(7) Notwithstanding anything herein to
the contrary, the requirement to store refuse in a refuse container prior to
collection shall not apply to bulky items not readily capable of being stored
in such a manner or to leaves and brush. Leaves and brush may be stored
outside an eligible dwelling unit prior to being placed curbside provided they are
bundled or packaged in compliance with the standards established by the
Director pursuant to Section 62-45 and are stored in a location approved for
the storage of refuse containers as set forth in Section 62-6(a).
(8) It
is a violation of this section for any occupant of any dwelling unit to cause,
permit or allow any condition or conduct prohibited by this section. It is a
violation of this section for any person to do or cause to be done any act
prohibited by this section.
Sec. 62-5. Permit for
collection and disposal of refuse.
(a) Required.
No person shall engage in the business of collecting or processing refuse
without first obtaining a permit therefore from the director; provided,
however, that this subsection shall not be deemed to apply to employees of the
holder of any such permit, or to prohibit any person from collection or
processing his own refuse.
(b)
Liability insurance. No such permit shall be issued until and unless the
applicant therefore, in addition to all other requirements set forth in this
chapter, shall file and maintain with the director evidence of a satisfactory
public liability insurance policy, covering all operations of such applicant
pertaining to such business and all vehicles to be operated in the conduct
thereof, in the amount of not less than $50,000.00 for each person injured or
killed, and in the amount of not less than $100,000.00 in the event of injury
or death of two or more persons in any single accident, and in the amount of
not less than $5,000.00 for damage to property. Such policy may be written to
allow the first $100.00 of liability for damage to property to be deductible.
Should any such policy be cancelled, the director shall be notified of such
cancellation by the insurance carrier in writing not less than ten days prior
to the effective date of such cancellation, and provisions to that effect shall
be incorporated in such policy, which shall also place upon the company writing
such policy the duty to give such notice.
(c)
Application. Each applicant for any such permit shall identify the nature
of the permit desired, whether to collect, process, transport, or a combination
thereof; the nature of refuse to be collected, processed, transported, or a
combination thereof; the source of the refuse, whether residential, commercial,
or both; the number of refuse hauling vehicles to be operated thereunder; and
the precise location of the refuse processing establishment to be used, if any.
Each applicant for a permit to collect refuse shall state the intervals at
which the applicant proposes to provide collection, and no such permit shall be
issued for the regular collection of refuse at intervals greater than once each
week.
(d) Duration;
fee; suspension or revocation. The permit required by subsection (a) of
this section shall be issued for the period of one calendar year, and each
applicant shall pay therefore a fee of $20.00 for each refuse hauling vehicle
to be used in such business and for each refuse processing establishment to be
operated in such business. Such permit may be suspended or revoked, upon notice
and hearing before the director, for violation of any of the provisions of this
article. Any permit which shall be issued after June 30 of any calendar year
shall be issued upon payment of one-half of the permit fee provided in this
subsection, and shall be issued for the remainder of the calendar year of
issue.
Sec. 62-6.
Location and identification of refuse containers.
(a) Refuse containers openly
stored and utilized by buildings containing six or fewer dwelling units 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. However, refuse containers shall not be located
during the interval between collections in the side yard on the street side of
a corner lot. It is a violation of this subsection for any occupant of any
dwelling unit to cause, permit or allow any condition or conduct prohibited by
this subsection. It is a violation of this subsection for any person to do or
cause to be done any act prohibited by this subsection.
(b)
Refuse containers openly stored and utilized by any building containing
seven or more dwelling units, restaurant, hotel, club, hospital, school, or any
other commercial, industrial or institutional establishment may be located
during the interval between collections 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 premises are adjacent to residential
premises, the 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 refuse container shall be
located during the interval between collections in any area not complying with
subsections (a) and (b) of this section unless the owner or occupant of the
premises has first obtained approval from the director. The director may
approve the storage of 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 refuse container in any area not complying with subsections (a)
and (b) of this section upon a finding that the refuse 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)
Refuse containers shall be located during the interval between
collections 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 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.
Sec. 62-7. Frequency of collection.
(a)
Refuse generated at any dwelling unit shall be collected at intervals not
greater than once each week, provided however that this requirement shall not
extend to the collection of recyclable materials, leaves and brush, or bulky
items, which may be collected at such intervals as otherwise provided for by
this chapter or the rules and regulations adopted hereunder. Refuse generated
at any restaurant, hotel, club, hospital, school, or any other commercial,
industrial or institutional establishment producing refuse shall be collected
at intervals not greater than once each week, and shall be collected at such
lesser intervals as may be fixed by the director of health upon a determination
that such lesser intervals are necessary for the preservation of the public
health, or at such lesser intervals as may be fixed by the director of fire
upon a determination that such lesser intervals are necessary for the
preservation of the public safety with respect to any particular establishment
producing inflammable refuse.
Sec. 62-8.
Collection vehicles.
(a) All
vehicles to be used in the collection of refuse shall be kept and maintained in
a clean and sanitary condition, and shall be constructed, maintained and
operated as to prevent spillage of the type of refuse to be collected therein.
With the exception of vehicles exclusively used to collect recyclable
materials, leaves and brush, or bulky items, all vehicles used in the
collection of refuse shall be constructed with watertight bodies and with
covers of metallic or other rigid, impervious material, or, in the alternative,
the entire bodies thereof shall be enclosed, with only loading hoppers exposed.
Sec. 62-9.
Authorized locations for permanent disposal of collected refuse.
(a) All
refuse collected under the provisions of articles I and II of this chapter
shall be disposed of only at sanitary landfills operated by the city, or
privately operated under city permit, or at other lawful disposal
installations, within or without the corporate limits of the city, which the
appropriate authorities shall have approved for such purposes. Nothing herein
shall prohibit the delivery of recyclable materials or leaves and brush to any
facility established and lawfully operating for the purpose of processing such
materials.
Sec. 62-10 Hauling and dumping of
construction debris or earth and rock.
(a)
Nothing contained in sections 62-1 through 62-9 inclusive, shall be deemed to
be applicable to the removal, hauling or dumping of earth and rock material
from grading or excavation activities, or the removal, hauling or dumping of
debris produced by the construction, repair or demolition of improvements on
real property; provided, however, that any such material shall be conveyed in
tight vehicles, trucks or receptacles, so that none of such material so
conveyed shall spill upon the public rights-of-way.
Sec. 62-11 Erosion
control.
(a) No
person shall remove or destroy the natural vegetation on the surface of more
than 300 contiguous square feet of land, unless it is done in such manner or
provisions are made so that, in the event of precipitation and natural
drainage, soil from the land does not wash, either directly or indirectly, upon
private property of another without that owner's consent or upon a sidewalk, street,
alley, boulevard, parkway, park, drainage easement or other public property in
such a way that it causes or contributes to a buildup or accumulation of soil,
mud or similar materials. Each day on which any violation of this section
continues shall constitute a separate violation.
(b)
No owner, occupant or managing agent of any land shall cause or permit
the natural vegetation on more than 300 square feet of the surface of such land
to be removed or destroyed, unless it is done in such manner or provisions are
made so that, in the event of precipitation and natural drainage, soil from the
land does not wash, either directly or indirectly, upon private property of
another without that owner's consent or upon a sidewalk, street, alley,
boulevard, parkway, park, drainage easement or other public property in such a
way that it causes or contributes to a buildup or accumulation of dirt, mud or
similar materials. Each day on which any violation of this section continues
shall constitute a separate violation.
Sec. 62-12 Authority to prescribe rules and
regulations.
(a) The director is authorized to
adopt rules and regulations to implement and carry out the provisions of this
article.
(b)
A copy of any rules and regulations adopted by the director shall be
maintained on file in the office of the director.
Section
2. That Chapter 62, Code of Ordinances, is hereby amended by repealing Section
62-41, Scope of services; Section 62-42, Payments in lieu of
services-Authorized; conditions; Section 62-43, Same-Amount; Section 62-44,
Same-Certification of service; payment to owner; Section 62-45, Granting and
termination of exemptions; Section 62-46, Failure to comply with requirements
for preparation, storage and placement of refuse; Section 62-47, Materials
collected by city; right of entry of refuse collectors; Section 62-48,
Authority to prescribe additional rules and regulations; Section 62-49,
Prohibited practices; Section 62-50, Duties of owners; Section 62-51, Duties of
occupants; Section 62-52, Contracts with homes associations; Section 62-53,
Penalty for violation of articles I and II; Section 62-54, Residential curbside
recycling; and Section 62-55, Collection of residential refuse, leaves and
brush waste, bulky waste items, applicants containing refrigerant, and
establishing fees therefore; curbside collection of recyclable materials; and
enacting in lieu thereof new Sections 62-41 through 62-51, to read as
follows:
Sec. 62-41. Scope of services.
(a) City-provided
refuse collection and disposal services, whether by employees of the City or
employees of a refuse collection service operating under contract with the
city, shall include the curbside collection of refuse, including recyclable
materials, leaves and brush, and bulky items, solely from eligible dwelling
units within the City. For purposes of this chapter, the following are not
eligible dwelling units and shall not receive City-provided refuse collection
and disposal services:
(1) Mobile
home developments, travel trailer camps, clustered multifamily housing, and
buildings containing seven or more dwelling units.
(2)
Single-family dwelling units whose land plats comprise three or more
acres, dwelling units located in areas zoned for agriculture, and dwelling
units where driving on private streets or drives is required to accomplish
collection without an unreasonable amount of walking by collectors or which the
director finds unsuitable for refuse collection equipment, except as
specifically provided for herein. Any City-provided refuse collection services
rendered to dwelling units located on private streets or drives which the
director finds unsuitable for refuse collection equipment may be provided by
collection therefrom on the nearest street or alley from which the director
shall find collection by refuse collection equipment to be feasible, unless the
city shall have been furnished with an appropriate bond or other security, in a
reasonable amount, conditioned to save the city harmless from any claims for
damages resulting from city use of such private streets or drives for such
purpose, approved by the city attorney as to form and legality, and by the
director of finance as to the reasonableness of the amount thereof.
(3) Homes associations exempted by the Director upon
application as provided in Section 62-42.
(b) The provisions of subsection (a) of
this section notwithstanding, the director may provide for such collection and
disposal services from any premises described therein, whenever, in his
judgment, city collection has become necessary for the preservation of the
public health or safety.
(c) Nothing contained in this section
shall prevent any person receiving City-provided refuse collection and disposal
services from supplementing such service, at his or her own expense, with
additional or extra service on an occasional or on a regular basis so long as
such service meets the requirements of article I of this chapter and the items
to be collected are clearly marked with the name and address of the intended
private collector. Every person electing to supplement City-provided refuse
collection and disposal services shall package the materials in compliance with
the requirements of article II of this chapter before placing the same curbside
for collection. No person shall place any item curbside for supplemental
collection and disposal services earlier than 3:00 p.m. the day before the
scheduled collection date nor allow such item to remain at the curbside in
excess of twenty-four (24) hours.
(d)
Nothing herein shall prohibit the director from providing refuse collection
services to any City-owned or City-operated municipal facility as directed by
the City Council.
(e)
City-provided refuse collection and disposal services shall not extend to any
restaurant, hotel, club, hospital, school, or any other commercial, industrial
or institutional establishment.
(f) Every person not receiving
City-provided refuse collection services shall provide for the collection and
disposal of refuse in accordance with the provisions of article I of this
chapter and the rules and regulations adopted thereunder.
Sec. 62-42. Payment in lieu of City-provided
refuse collection and disposal services authorized; Amount; Conditions.
The director is authorized to make payments in lieu of
City-provided refuse collection and disposal services as provided for and
subject to the terms and conditions set forth herein:
(a)
Mobile home developments, travel trailer camps, clustered multifamily
housing, and buildings containing seven or more dwelling units. Upon
application therefor, the director shall pay to the owners or authorized
managing agents of mobile home developments, travel trailer camps, clustered
multifamily housing, and buildings containing seven or more dwelling units
within the City, a monthly payment in lieu of City-provided refuse collection
and disposal services, provided that such owners or agents are providing refuse
collection and disposal services which meet or exceed the minimum standards set
forth in article I and II of this chapter to all dwelling units within the
mobile home developments, travel trailer camps, clustered multifamily housing,
and building. The payment shall initially be in the amount of $3.15 per
occupied dwelling unit per month; provided, however, that on May 1, 2009, and on May 1 of each year thereafter, such payment shall be increased or
decreased by the percentage of increase or decrease in the average cost of
providing residential refuse collection and disposal services to other dwelling
units through contracts with private haulers contracting with the city to
provide such services. Owners or authorized managing agents applying for the
payment shall submit, on and as of the last day of each month, on forms to be
provided by the director, a sworn certification stating that such services
meeting or exceeding such minimum standards are being rendered by the owner or
authorized managing agent to all occupied dwelling units and stating the number
of occupied dwelling units therein to which such services are being rendered.
The director shall make monthly payments as provided in this section not later
than the last day of each month, or not later than 30 days after receipt of
such certification, whichever shall be later; provided, however, that all such
payments based upon such certifications shall be made subject to inspection and
audit by the director, who shall have the right to inspect the premises and the
pertinent books and records of the owner upon reasonable notice and during
normal business hours for such purpose, and who may adjust any future payments
to reflect any increase or decrease in the number of occupied dwelling units
certified which may be disclosed by such inspection and audit. Any owner or
authorized managing agent who shall not have submitted the certification, as
provided in this section, for any monthly payment within six months after the
last day of the month for which any such monthly payment is sought, shall be
conclusively presumed to have waived, for all purposes, any and all claims for
reimbursement for services rendered during such month.
(b)
Homes associations. The director is authorized to exempt homes
associations composed entirely of eligible dwelling units from City-provided
refuse collection and disposal services, provided that the homes association is
providing refuse collection and disposal services which meet or exceed the
minimum standards set forth in article I and II of this chapter to every
eligible dwelling units within such homes association. The exemption shall be
available upon application of the governing body of the homes association,
which application shall be deemed to be submitted on behalf of the owner of
every eligible dwelling unit within such homes association. The director is
further authorized to execute a contract with any homes association granted an
exemption which contract shall make provisions for payments in lieu of
City-provided refuse collection and disposal services. The consideration
payable by the city under the terms of such contracts, in cash and in kind,
shall not exceed the reasonable cost, as determined by the director, of
rendering such services at the same standard as services rendered generally by
the city if rendered with the city's own work forces, or the city contract
hauler, or the actual cost to such contracting persons of rendering the
services actually rendered, whichever shall be the least. The contract shall
include terms requiring that the homes association provide refuse collection
and disposal services within a contiguous area containing not less than
twenty-six (26) eligible dwelling units, that the services be maintained at a
level which meets or exceeds the standards set forth in article I and II of
this chapter, and that the contract may be terminated by City if the director
determines that the homes association has failed to maintain the appropriate
standard of services. Any contract so terminated by the director shall
concurrently result in a termination of the exemption provided for herein.
Sec. 62-43. General
refuse collection; right of entry of refuse collectors.
(a) Curbside collection of
refuse, excluding recyclable materials separated by the owner or occupant for
recyclable materials collection, leaves and brush, and bulky items, shall be
provided by City to each eligible dwelling unit once per week on a schedule to
be established by the director. Collection shall be provided as follows:
(1)
Each eligible dwelling unit shall be entitled to receive weekly
collection of two (2) securely-tied disposable refuse bags, except as provided
for herein, weighing no more than forty (40) pounds apiece. The bags shall be
appropriate to the weight of the materials within them and shall be of a
sufficient grade as to hold the contents within them without breaking or
tearing when lifted off the ground. The bags shall be placed loose at the
curbside; bags placed in a non-disposable refuse container shall not be
collected. An eligible dwelling unit may place additional disposable refuse
bags curbside for collection provided that an excess refuse tag is affixed to
each additional bag. Excess refuse tags shall be made available for a fee of
$1.00 per tag. The director may provide for such tags to be distributed by
not-for-profit organizations and commercial establishments convenient to city
residents and may allow such organizations and establishments a reasonable
handling and distribution fee as established by ordinance. Refuse in excess of
two disposable refuse bags and not bearing an excess refuse tag shall not be
collected.
(2) Notwithstanding
subsection (a)(1) of this section, the director is authorized to implement a
pilot program within portions of the City specified by him, which pilot program
shall include the issuance of a wheeled refuse cart (KCart) to eligible
dwelling units. Any eligible dwelling unit issued a wheeled refuse cart by the
City shall exclusively utilize that cart in lieu of placing loose bags
curbside, except as provided for herein. Refuse shall be placed in the cart in
such a manner as to permit the lid to close securely. In the event that an
eligible dwelling unit has need to dispose of more refuse than can be placed in
one cart, with the lid closed securely, disposable refuse bags shall be
utilized and placed curbside immediately adjacent to the cart, and an excess
refuse tag shall be affixed to each such bag. Excess refuse tags shall be
available for purchase as provided by this section. Disposable refuse bags not
bearing an excess refuse tag shall not be collected.
(b) The director, after notifying the
city manager, may waive any limitation on refuse to be collected without fee or
charge for limited time periods as appropriate to accommodate special needs or
the accumulation of exceptional volumes of refuse.
(c)
The director shall establish rules and regulations governing the types
of refuse that may be placed curbside for collection, manner in which such
materials are to be bundled or packaged before being placed curbside, and
manner in which such materials are to be placed curbside. In no event shall
tires, motorized vehicle parts/components, or paint containers that are sealed
or contain wet paint be placed curbside or collected. In no event shall loose
refuse be collected, including but not limited to refuse lying loose as a
result of packaging malfunctions or animal invasion.
(d)
Refuse collectors, whether employees of the city or employees of a
refuse collection service operating under contract with the city, shall not
collect any refuse not approved for collection or otherwise failing to meet, in
any regard, the requirements of this chapter and the rules and regulations
adopted hereunder.
(e) Refuse collectors, whether
employees of the city or employees of a refuse collection service operating
under contract with the city, are hereby authorized to enter upon private
property for the purpose of collecting refuse therefrom; provided, however,
that nothing contained in this section shall be deemed to authorize any such
refuse collector to enter in or upon any building or outbuilding on any private
property for such purpose, or to enter in or upon any private property for any
other purpose.
(f.) No refuse shall be placed curbside
earlier than 3:00 p.m. the day before the scheduled day of collection or later
than 7:00 a.m. the day of collection.
a.
All refuse shall, upon being loaded into collection equipment, become
the property of the City.
(h)
Every person placing refuse curbside for collection or occupying an eligible
dwelling unit from which refuse is placed curbside for collection shall comply
with the provisions of this section. The failure to comply shall constitute a
violation of this section and each and every day in which the violation
continues shall constitute a separate offense.
Sec. 62-44. Recyclable
materials collection; right of entry of refuse collectors; drop-off sites
authorized.
(a) Collection of recyclable
materials shall be provided by City to each eligible dwelling unit once per
week on a schedule to be established by the director, provided the recyclable
materials originated from the eligible dwelling unit placing the same curbside.
Collection shall be provided as follows:
(1)
Each eligible dwelling unit shall place recyclable materials curbside in
a non-disposable receptacle (KC Recycles bin) provided or made available for
purchase by the City. Any eligible dwelling unit having more recyclable materials
than will securely fit within the recycling container may place excess
recyclable materials in such other containers as may be approved by the
director, and shall place the same curbside and immediately adjacent to the
City-approved recycling container. Recyclable materials shall not be collected
from any eligible dwelling unit not displaying a City-approved recycling
container at the curbside.
(b)
The director shall establish rules and regulations governing the storage
of recyclable materials prior to collection, types of recyclable materials that
may be placed curbside for collection, manner in which such recyclable
materials are to be bundled or packaged before being placed curbside, manner in
which such recyclable materials are to be placed curbside, and weight or
quantity restrictions.
(c)
Refuse collectors, whether employees of the city or employees of a
refuse collection service operating under contract with the city, shall not
collect any recyclable materials not approved for collection or otherwise
failing to meet, in any regard, the requirements of this chapter and the rules
and regulations adopted hereunder.
(d) Refuse collectors, whether
employees of the city or employees of a refuse collection service operating
under contract with the city, are hereby authorized to enter upon private
property for the purpose of collecting recyclable materials therefrom;
provided, however, that nothing contained in this section shall be deemed to
authorize any such refuse collector to enter in or upon any building or
outbuilding on any private property for such purpose, or to enter in or upon
any private property for any other purpose.
(e) No recyclable materials shall
be placed curbside earlier than 3:00 p.m. the day before the scheduled day of
collection or later than 7:00 a.m. the day of collection.
(f) All recyclable
materials shall, upon being loaded into collection equipment, become the
property of the City.
(g) The
director may provide one or more areas or sites where residents of the city
may
dispose of recyclable materials without charge, and shall prescribe the items
that may be accepted at such areas or sites and the hours of operation.
(h) Every person
placing recyclable materials curbside for collection or occupying an eligible
dwelling unit from which recyclable materials are placed curbside for
collection shall comply with the provisions of this section. The failure to
comply shall constitute a violation of this section and each and every day in
which the violation continues shall constitute a separate offense.
Sec. 62-45. Leaves and brush collection; right of entry of refuse
collectors; drop-off sites authorized.
(a) Periodic
curbside collection of leaves and brush shall be provided by City to each
eligible dwelling units with such frequency as determined by the director from
time to time, provided the leaves and brush originated from the eligible
dwelling unit placing the same curbside. The director shall annually determine
the number of curbside collections to be made during the year and, if curbside
collection is to be made, establish collection date(s) for eligible dwelling
units.
(b) The director shall establish rules and regulations
governing the storage of organic materials prior to collection, types of
organic materials that may be placed curbside for collection, manner in which
such materials are to be bundled or packaged before being placed curbside,
manner in which such materials are to be placed curbside, and weight or
quantity restrictions. In no event shall grass clippings be placed curbside
or collected, nor shall leaves and brush be placed curbside or collected unless
placed securely in paper lawn sacks or in twine-tied bundles no longer than
four (4) feet in length and two (2) feet in circumference.
(c)
Refuse collectors, whether employees of the city or employees of a refuse
collection services operating under contract with the city, shall not collect
any materials not approved for collection or otherwise failing to meet, in any
regard, the requirements of this chapter and the rules and regulations adopted
hereunder.
(d)
Refuse collectors, whether employees of the city or employees of a refuse
collection service operating under contract with the city, are hereby
authorized to enter upon private property for the purpose of collecting leaves
and brush therefrom; provided, however, that nothing contained in this section
shall be deemed to authorize any such refuse collector to enter in or upon any
building or outbuilding on any private property for such purpose, or to enter
in or upon any private property for any other purpose.
(e)
No leaves and brush shall be placed curbside earlier than 3:00 p.m. the day
before the scheduled day of collection or later than 7:00 a.m. the day of
collection.
(f)
All leaves and brush shall, upon being loaded into collection equipment, become
the property of the City.
(g) The director may provide one or more
areas or sites where persons may dispose of leaves and brush and shall
establish the hours of operation and a schedule of fees, appropriate for the
size and type of vehicle or load. The schedule of fees shall provide that
residents of the City who present proof of residency through a drivers license,
official Missouri identification card, tax receipt, water bill or other similar
document shall be entitled to drop off leaves and brush in non-commercial
vehicles for non-commercial purposes without charge. The schedule of fees established
by the director pursuant to this section shall be maintained and made available
to the public in the office of the director. Disposal fees at such areas or
sites shall be paid in a manner approved by the director.
(h) Every person
placing leaves and brush curbside for collection or occupying an eligible
dwelling unit from which leaves and brush are placed curbside for collection
shall comply with the provisions of this section. The failure to comply shall
constitute a violation of this section and each and every day in which the
violation continues shall constitute a separate offense.
Sec. 62-46. Bulky items
collection; right of entry of refuse collectors.
(a) Periodic curbside collection
of bulky items shall be provided by City to each eligible dwelling unit,
provided the bulky item originated from the eligible dwelling unit placing the
same curbside. Collection of bulky items shall be by appointment only. The director
shall establish a system for scheduling appointments and establish a reasonable
number of collections that each eligible dwelling unit is entitled to receive
per calendar year, provided however that each eligible dwelling unit shall be
entitled to no less than two (2) appointments per calendar year.
(b) The director shall establish rules
and regulations governing the types of bulky items that may be placed curbside
for collection, the manner in which such materials are to be placed curbside for
collection, and weight or quantity restrictions. In no event shall building
materials or construction debris be placed curbside or collected.
(c)
Refuse collectors, whether employees of the city or employees of a
refuse collection services operating under contract with the city, shall not
collect any bulky item not approved for collection or otherwise failing to
meet, in any regard, the requirements of this chapter and the rules and
regulations adopted hereunder.
(d) Refuse collectors, whether
employees of the city or employees of a refuse collection service operating
under contract with the city, are hereby authorized to enter upon private
property for the purpose of collecting bulky items therefrom; provided,
however, that nothing contained in this section shall be deemed to authorize
any such refuse collector to enter in or upon any building or outbuilding on
any private property for such purpose, or to enter in or upon any private
property for any other purpose.
(e) No bulky item shall be placed
curbside earlier than 3:00 p.m. the day before the scheduled appointment or
later than 7:00 a.m. the day of the scheduled appointment. Bulky items shall
not be placed under overhead utility lines or trees, nor shall they be placed
if an obstruction exists that would impede access by refuse collectors and
collection equipment.
(f)
All bulky items shall, upon being loaded into collection equipment,
become the property of the City.
(g) Every person
placing bulky items curbside for collection or occupying an eligible dwelling
unit from which bulky items are placed curbside for collection shall comply
with the provisions of this section. The failure to comply shall constitute a
violation of this section and each and every day in which the violation continues
shall constitute a separate offense.
Sec. 62-47. Failure to comply with requirements for
preparation, storage and placement of refuse.
Nothing
contained in this article shall be deemed to require that the director collect
or dispose of any refuse, including, but not limited to, recyclable materials,
leaves and brush and bulky items, not prepared, stored and placed for
collection in substantial compliance with the provisions of articles I and II
of this chapter, and with the lawful rules and regulation adopted pursuant to
this chapter. The failure of the director to collect refuse not so prepared,
stored and placed for collection shall in no way be deemed to affect the powers
of the director of health pursuant to other provisions of this Code relating to
the abatement of nuisances dangerous to the public health, or to nuisances in
dwellings affecting the public health.
Sec. 62-48. Prohibited
practices.
(a) It
shall be unlawful for any person to:
(1) Deposit refuse, recyclable materials, leaves and brush,
or bulky items in any refuse container belonging to another person, or upon the
premises of another person without the consent of the owner or occupant
thereof. 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 refuse, recyclable materials, leaves and brush,
or bulky items from the premises of another person without the consent of the
owner or occupant thereof, unless the person removing such materials is a law
enforcement officer performing law enforcement duties. 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;
(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) Place any item at the curbside for collection or cause,
permit or allow any item to remain at the curbside for collection that does not
meet the requirements of articles I and II of this chapter or is otherwise
ineligible for City-provided refuse collection services;
(5) Place refuse, recyclable materials, leaves and brush, or
bulky items curbside for collection in a location more than ten (10) feet
behind the curb.
(6)
Place refuse, recyclable materials, leaves and brush, or bulky items
curbside at any elevation other than ground level. Nothing shall be placed on
a wall, vehicle, or other structure.
(7)
Place hazardous materials or contaminants curbside for collection.
(8)
Comingle items in any manner prohibited herein. Refuse placed curbside
for collection shall not be commingled with leaves and brush or bulky items.
Recycable materials placed curbside for collection shall not be commingled with
refuse, leaves and brush or bulky items. Leaves and brush placed curbside for
collection shall not be commingled with refuse, recyclable materials or bulky
items. Bulky items places curbside for collection shall not be commingled with
refuse, recyclable materials or leaves and brush.
(9)
Violate any of the provisions set out in articles I and II of this
chapter, or the rules and regulations adopted thereunder;
(10) 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.
(b) Notwithstanding
the foregoing, any occupant of the premises wherein the prohibited practice
occurred, together with any person causing or contributing to cause the
prohibited practice, may be charged with a violation and punished as provided
in Section 62-51.
Sec. 62-49.
Miscellaneous provisions.
(a) The
director may issue, without fee or charge, or at a reduced fee or charge,
refuse containers, recycling containers and excess refuse tags for use by
indigent residents of the city.
(b) The director
may provide refuse containers, recycling containers and related equipment and
services to appropriately authorized persons or organizations for use during
special collection or cleanup events, and for use at such events as authorized
or directed by ordinance. The director shall establish a reasonable schedule of
fees which shall not exceed the cost of providing such equipment or services to
any person or entity requesting the same.
Sec. 62-50. Authority to
prescribe rules and regulations.
(a) The
director is authorized to establish rules and regulations to implement and
carry out the provisions of this article.
(b)
A copy of any rules and regulations established by the director shall be
maintained on file in the office of the director.
Sec. 62-51. Penalty for
violation of articles I and II.
Any
person violating any of the provisions of articles I or II of this chapter, or
any 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 be punished by both fine and imprisonment; provided that
each day's violation thereof shall be a separate offense for the purposes of
this section. Where a violation of Articles I or II of this chapter is found
to be willful, on conviction thereof, the minimum fine shall be $150.00.
______________________________________________
Approved
as to form and legality:
____________________________
Brian
T. Rabineau
Assistant City Attorney