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Legislation #: 090053 Introduction Date: 1/22/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
1/21/2009 Filed by the Clerk's office
1/22/2009 Referred to Transportation and Infrastructure Committee
2/5/2009 Advance and Do Pass, Debate
2/5/2009 Councilmember Johnson Move To Re-refer
2/5/2009 Referred to Public Safety and Neighborhoods Committee
2/11/2009 Advance and Do Pass as a Committee Substitute, Debate
2/12/2009 Councilmember Sharp Move to Amend
2/12/2009 Passed as Substituted and Amended

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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.

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Approved as to form and legality:

 

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Brian T. Rabineau

Assistant City Attorney