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Legislation #: 060699 Introduction Date: 6/29/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Enacting a new Section 50-13, Code of Ordinances, entitled "Unauthorized distribution of trash tags or recycling bins" to prohibit the resale of trash tags or recycling bins unless authorized by the City.

Legislation History
DateMinutesDescription
6/26/2006 Filed by the Clerk's office
6/29/2006 Referred to Operations Committee
7/5/2006 Advance and Do Pass, Debate
7/6/2006 Passed

View Attachments
FileTypeSizeDescription
060699.pdf Authenticated 120K Authenticated
Illegal sale of trash tags.xls Advertise Notice 36K Fact Sheet

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ORDINANCE NO. 060699

 

Enacting a new Section 50-13, Code of Ordinances, entitled "Unauthorized distribution of trash tags or recycling bins" to prohibit the resale of trash tags or recycling bins unless authorized by the City.

 

WHEREAS, the City will pick up each week two 40-pound trash bags with no charge to a citizen; and

 

WHEREAS, the City will pick up additional trash bags if they display a trash tag obtained from authorized distributors; and

 

WHEREAS, the City distributes to residents a recycling bin at no cost to the resident, and will offer for sale additional bins; and

 

WHEREAS, the City has entered into sponsorship agreements with Westlake Ace Hardware and Price Chopper by which these two businesses will act as the authorized distributors of trash tags; and

 

WHEREAS, some neighborhood associations may purchase trash tags from authorized distributors for redistribution to neighborhood association members at the $1.00 price; and

 

WHEREAS, it has been discovered that some businesses have purchased trash tags for unauthorized resale at inflated prices that result in increased costs to citizens; and

 

WHEREAS, the resale of trash tags as commerce and not as a social service is inconsistent with the use of the trash tags, which are, in fact, simply licenses obtained from the Citys authorized distributors; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That a new Section 50-13, Code of Ordinances, is enacted to read as follows:

 

Sec. 50-13. Unauthorized distribution of trash tags or recycling bins.

 

(a) Trash tags defined. A trash tag is a tag issued by the City, either directly or through an authorized distributor, that when attached to a trash bag properly placed by a resident for pick-up by City-provided trash haulers will authorize pick-up of the trash bag, even though the bag is part of a group of more than two trash bags.

 


(b) Designated recycling bin defined. A designated recycling bin is a bin distributed by the City, either directly or through an authorized distributor, that is either provided free to a consumer through the Citys distribution program or for a fee for subsequent bins desired by a consumer, but still through the Citys distribution program, for use in the Citys curbside recycling program.

 

(c) Authorized distributor. An authorized distributor is a business or other organization given written authority by the City to distribute trash tags or designated recycling bins at a specific price.

 

(d) Prohibition. It is unlawful to redistribute for sale a trash tag or designated recycling bins unless granted authority by the City.

 

(e) Exceptions. The redistribution of trash tags or designated recycling bins by neighborhood associations and other not for profit organizations at cost to their members is not prohibited. The redistribution of trash tags or designated recycling bins by family members or friends at no more than cost is not prohibited.

 

(f) Penalty. The first violation of this section shall be punishable by a fine of $500.00. The second and subsequent violations of this section shall be punishable by a fine of $500.00 and up to six months imprisonment.

 

_______________________________________________________

 

Approved as to form and legality:

 

 

___________________________________

William Geary

Assistant City Attorney