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Legislation #: 191041 Introduction Date: 12/12/2019
Type: Ordinance Effective Date: 5/1/2020
Sponsor: None
Title: Amending Chapter 62, Solid Waste, Article II, Collection by City, Sections 62-41 through 62-50 to amend and clarify the eligibility of residential buildings for the curbside collection of refuse, recycling, leaves and brush, and bulky items; establishing an effective date.

Legislation History
DateMinutesDescription
12/12/2019 Filed by the Clerk's office
12/12/2019 Referred to Neighborhood Planning and Development Committee
12/18/2019 Hold On Agenda (1/8/2020)
1/9/2020 Assigned Third Read Calendar as Substituted
1/8/2020 Do Pass as a Committee Substitute
1/16/2020 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 191041

 

Amending Chapter 62, Solid Waste, Article II, Collection by City, Sections 62-41 through 62-50 to amend and clarify the eligibility of residential buildings for the curbside collection of refuse, recycling, leaves and brush, and bulky items; establishing an effective date.

WHEREAS, environmental concerns and the rapidly decreasing availability of landfill space have brought local and national attention to the pressing need to limit the flow of solid waste and the significant benefits to be realized by recycling; and

 

WHEREAS, the City is committed to ensuring that its solid waste is managed in an environmentally and fiscally responsible manner; and

 

WHEREAS, the City is committed to collecting and managing solid waste in a manner that meets the objectives of limiting its flow into landfills and its diversion and re-use to the fullest extent possible; and

 

WHEREAS, the City’s objectives are demonstrated in its limiting the amount and types of refuse that will be collected from residences within the City, providing for the separate curbside collection of recyclable materials, leaves and brush and bulky items, and operating recycling, household hazardous waste materials and leaf and brush drop-off facilities; and

 

WHEREAS, the City operates a residential curbside collection program that does not include collection from dumpsters, and the City lacks the trucks and equipment which would be needed to collect refuse from dumpsters; and

 

WHEREAS, City-provided collection from buildings containing seven or more dwelling units is incompatible with the City’s solid waste program to the extent the Council finds that those buildings predominantly elect to utilize dumpsters for the collection and disposal of all refuse, thereby making it impossible to enforce the weekly two-bag limitation per dwelling unit, or divert any recyclable materials, yard wastes or bulky items from the City’s limited available landfill space; and

 

WHEREAS, curbside collection from buildings containing seven or more dwelling units, even assuming the same did not utilize dumpsters, would also deprive the City of its ability to implement its declared policy objectives or enforce its weekly limitation per dwelling unit in that the City, even were it to physically count refuse bags from the large number of dwelling units collectively placed at the curbside , would be unable to effectively determine the source of those bags or identify the violators for purposes of enforcing its ordinances; and

 

WHEREAS, having more than twelve bags of refuse and additional recycling bins sitting curbside outside of a building containing more than six units would be unsightly, unhealthy, and could result in a blighting condition; and

 

WHEREAS, larger multi-family buildings have more effective bargaining power to obtain better private collection rates and achieve efficiencies than do single-family residences or a building with a small number of units; and

 

WHEREAS, the Council has determined that the City’s refuse trucks should not travel onto private streets or drives to collect refuse, which could damage such streets or drives and create liability for the City; and

 

WHEREAS, the Council believes that funding the collection and disposal of refuse under circumstances in which the City would be deprived of the opportunity to ensure that the refuse is being discarded lawfully, and would further be required to disregard the objectives of its program and the declared policy of this City, is not objectively reasonable; and

 

WHEREAS, the City has many responsibilities to its citizens and is required to allocate its limited resources among many needed services; and

 

WHEREAS, the Council finds that it is necessary and proper to restrict City-provided refuse services to those buildings for which curbside collection is practical, economical, and for which it can be done in a manner that is environmentally conscious, enforceable and consistent with the City’s declared policy as set forth herein; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 62, Article II, Code of Ordinances, is hereby amended by repealing Sections 62-41 through 62-50, and enacting new sections of like number, to read as follows:

 

Sec. 62-41. Residential refuse collection-eligibility.

 

(a)    Eligible buildings and dwelling units. The City will provide public curbside refuse collection and disposal services to each habitable dwelling unit in a residential building containing six or fewer units, which fronts on a public street.

 

(b)   Residential buildings on private streets or drives will not be provided refuse services.

 

(c)    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. Residential refuse collection requirements.

(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 the City to each eligible building described in 62-41(a), 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. Persons residing in 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, up to a maximum of five additional bags per building. Excess refuse tags shall be made available for a fee of $2.50 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 may authorize the issuance of a wheeled refuse cart (KCart) to persons in each eligible dwelling unit. Any person 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 which meet the requirements in (1) shall be utilized and placed curbside immediately adjacent to the cart, up to a maximum of five additional bags, and an excess refuse tag shall be affixed to each such bag. Disposable refuse bags not bearing an excess refuse tag shall not be collected.

 

(b) The city manager may waive any limitation on refuse to be collected without fee or charge for limited, specified 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, the manner in which such materials are to be bundled or packaged before being placed curbside, and the 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) 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.

 

(f) All refuse shall, upon being loaded into collection equipment, becomes the property of the city.

 

Sec. 62-43. Recyclable materials collection; 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 unit, placing the same curbside. Collection shall be provided as follows:

 

(1)               Recyclable materials may be placed curbside in a non-disposable receptacle (KC Recycles bin) provided or made available for purchase by the city.

 

(2)               Any eligible dwelling unit having more recyclable materials than will securely fit within the recycling container may place excess recyclable materials in up to five other containers as may be approved by the director, and shall place the same curbside and immediately adjacent to the city-approved recycling container.

 

(3)               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) 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.

 

(e) All recyclable materials shall, upon being loaded into collection equipment, become the property of the city.

 

(f) The director shall provide one or more areas or sites where all 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.

 

Sec. 62-44. Leaves and brush collection; drop-off sites authorized.

 

(a) Periodic curbside collection of leaves and brush shall be provided by City to each eligible dwelling unit with such frequency as determined by the director from time to time, provided the leaves and brush originated from the eligible building site, 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 buildings.

 

(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 feet in length and two 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) No leaves or 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.

 

(e) All leaves and brush shall, upon being loaded into collection equipment, become the property of the city.

 

(f) The director shall 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 driver's license, official Missouri identification card, tax receipt, water bill or other similar document shall be entitled to drop off up to twenty-five bags or bundles of leaves and brush in non-commercial vehicles for non-commercial purposes, without charge, once per week on a day to be designated by the director. 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.

 

Sec. 62-45. Bulky items collection.

 

(a) Periodic curbside collection of bulky items shall be provided by city to each eligible dwelling unit. 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 unit is entitled to receive per calendar year, provided however that each unit shall be entitled to no less than two 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, and no bulky item shall exceed five hundred pounds.

 

(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) 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.

 

(e) All bulky items shall, upon being loaded into collection equipment, become the property of the city.

 

Sec. 62-46.  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. 62-47.  Prohibited practices.

 

(a)    It shall be unlawful for any person to:

 

(1) Deposit refuse, recyclable materials, leaves and brush, and 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, or another appropriate government official. 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 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 46-5.

 

(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 62-50.

 

Sec. 62-48.  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. 62-49.  Authority to prescribe rules and regulations, interpret code and remedy

hardship.

 

(a)    The director is authorized to establish rules and regulations to implement and carry out the provisions of this article. A copy of any rules and regulations established by the director shall be maintained on file in the office of the director and made available to the public.

 

(b)   The director is authorized to interpret the term “eligible dwelling unit,” in accordance with this code.

 

(c) The director is authorized to determine that service will be provided to residents in cases of hardship or the preservation of public health or safety, if such service practically can be provided.

 

Sec. 62-50.  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 $50.00 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.

 

Section 2. That this ordinance will become effective on May 1, 2020.

 

Section 3. That at least 60 days prior to May 1, 2020, the Director of Neighborhoods and Housing Services will provide written notice to any resident who is now receiving refuse services but who will no longer receive services after that date, and to any resident who will receive services after that date who does not receive services now. The director will work with any impacted resident to prevent any hardship.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Deputy City Attorney