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.

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Approved as to form and legality:

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Assistant City Attorney