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ORDINANCE NO. 030273
Amending Chapter 62 of the
Code of Ordinances, entitled Solid Waste, by enacting therein a new Section 62-55 authorizing the
collection and disposal of residential refuse, leaves and brush waste, bulky
waste items, and appliances containing refrigerant; establishing fees for such
service; and authorizing the curbside collection from residences of recyclable
materials.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section A. That
Chapter 62 of the Code of Ordinances, entitled Solid Waste, is hereby amended
by enacting therein a new Section 62-55, said section to read as follows:
Sec. 62-55. Collection of
residential refuse, leaves and brush waste, bulky waste items,
appliances containing refrigerant, and establishing fees therefor; curbside
collection of recyclable materials.
(a) The director
shall provide for the collection and disposal by the city of residential refuse
from eligible dwelling units so long as each container of refuse is within a
distinctive container issued by the City or bears in full and plain view a
sticker issued by the city for the purpose of authorizing collection by the
city. For purposes of this section a container shall mean a disposable bag
or equivalent bundle not exceeding thirty-two (32) gallons in volume or
weighing more than forty (40) pounds. The stickers shall be prepared by the
director. The City Council shall each year determine how many stickers per
eligible dwelling unit per year shall be provided without charge to the
residents or owners of those eligible dwelling units. Additional stickers
shall be offered to residents of the city and owners of residences within the
city for a fee of $1.00 per sticker. The director may provide for such
stickers 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. The director may also authorize distinctive refuse containers that
may be utilized in addition to or in lieu of the herein described stickers and
may offer such distinctive containers to residents and owners of residences
within the city at a fee that will cover the cost to the city of providing and
servicing the container.
(b) The director
may provide for the collection and disposal by the city of residential refuse
from eligible dwelling units not to exceed a limit of one (1) container of
refuse per eligible dwelling unit per week without fee or charge.
(c) The director
shall also provide without fee or charge for the curbside collection from
eligible dwelling units for purposes of recycling, such recyclable materials
generated on such residential property as the director shall determine to be
appropriate and establish rules for the users of such service. The director
may require participants to purchase or acquire and to utilize specially
designated containers to be eligible to receive such curbside collection
service. Any revenue generated from the sale of such collected recyclable
materials shall first be utilized to meet the expenses of such service.
(d) The director
may provide for the curbside collection from eligible dwelling units and
disposal by the city of leaves and brush waste generated on residential
property so long as each container or bundle of leaves and brush bears in full
and plain view the sticker issued by the city for the purpose of authorizing
collection by the city of such refuse. The director shall establish rules for
the users of such service. The director may also provide areas or sites where
residents of the city may dispose of leaves and brush waste generated on
residential property within the city and shall establish a schedule of fees,
appropriate for the size and type of vehicle or load, of not more than $25.00
per vehicle load for disposal of leaves and brush at any such site. 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 of
Environmental Management. Disposal fees at such areas or sites may be paid by
presenting the equivalent value of sticker or stickers issued by the city to
authorize collection of residential refuse or other waste materials or items.
(e) The director
may provide for the collection from eligible dwelling units and disposal by the
city of bulky waste items generated on residential property so long as each
group of up to five (5) items set out bears in full and plain view a
distinctive sticker issued by the city for the purpose of authorizing
collection of such item or items by the city. Such stickers shall be prepared
by the director and offered to residents of the city and owners of residences
within the city for a fee of $20.00 per sticker. Such bulky waste items shall
not include appliances designed to contain or which have contained
refrigerant. The director may provide for the collection from eligible
dwelling units of such used appliances designed to contain or which have
contained refrigerant and for the proper removal and disposal of any
refrigerant contained therein and for disposal of the appliance so long as each
appliance bears in full and plain view a distinctive sticker issued by the city
for the purpose of authorizing collection of such appliance, which sticker
shall be prepared by the director and offered to residents of the city and
owners of residences within the city for a fee of $20.00 per sticker.
(f) The director
may issue without fee or charge appropriate distinctive containers and stickers
authorizing collection of refuse or other materials or items by the city for
use by indigent residents of the city and to appropriately authorized persons
or organizations for use during special collection or cleanup events and for
use by other appropriate persons or at such events as authorized or directed by
ordinance. The director, after notifying the city manager, may also waive the
herein described 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.
(g) No person
shall cause or allow any refuse, leaves or brush waste, bulky waste item, or
used appliance to be placed or remain within ten feet of a street unless such
material or items is contained within the distinctive container herein
authorized for collection by the city or bears in full and plain view the
appropriate sticker issued by the city authorizing its collection by the city,
except that one container of refuse eligible for collection without fee or
charge pursuant to subsection (b) above may be placed or remain within
ten feet of a street as may containers,
bundles or items placed there
for private collection so long as such containers, bundles or items are clearly
marked with the name and address of the intended private collector.
_____________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney