The fee for the collection and disposal of municipal solid waste within the City of Stockton shall be set annually by adopting an ordinance as authorized by this ordinance.

(Ord. 1439; Code 2015)

(Code 2015)

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a)   Commercial Waste. All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restraints, shopping centers, theaters, governments and nursing homes;

(b)   Dwelling Unit. Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters;

(c)   Garbage. Waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers;

(d)   Multi-family Unit. Individual dwelling units; any structure containing more than one

(e)   Refuse. All garbage and/or rubbish or trash;

(f)   Residential. Any structure containing four or less individual dwelling units, rooming houses having no more than four persons in addition to the family of the owner or operator, and mobile homes;

(g)   Rubbish or Trash. All nonputrescible material such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, stumps, boxes, wood, street sweepings and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or wastes from industrial process or manufacturing operations;

(h)   Single Dwelling Unit. An enclosure, building or portion thereof occupied by one family as living quarters.

(i)    Solid Waste. All non-liquid garbage, rubbish or trash.

(j)    Yard Waste. Organic materials consists of leaves, grass clippings and other forms of organic materials such as garden wastes.

(Ord. 1439; Code 2015)

All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or contractors specifically authorized to collect and dispose of such solid waste. All refuse in residential areas shall be collected not less than once a week and all other refuse shall be collected at intervals no less that once a week or at a more frequent schedule as agreed to by the city and the user. Such collections shall be based on the amount of refuse generated by the commercial enterprise.

(Ord. 1439; Code 2015)

The City shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste upon approval of the city commissioners.

(Ord. 1439; Code 2015)

The owner or occupant of every commercial enterprise, business, governmental agency, institution or industrial enterprise within the city shall be provided, by the city, a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste material within or close to any structure within the city unless the same is stored in approved containers and in such manner as not to create a health, fire or other hazard.

(Ord. 1439; Code 2015)

Residential containers may be purchased from the City at the city’s cost, which are suitable for storage of solid waste products. The City will supply the commercial containers and all containers shall be of non-rusting materials with substantial construction. Each container shall have a lid and shall be leak proof and fly-tight. All residential containers shall have handles of suitable construction to permit lifting by city owned disposal trucks. Plastic bags, when used, shall be securely closed and inside of container. All garbage shall be drained of all liquids before being placed in bags or containers. The total weight of each container and all its contents cannot exceed fifty (50 lbs.) pounds.

(Ord. 1439; Ord. 1516; Code 2015)

On premises where excessive amount of refuge accumulates in excess of storage containers supplied, additional containers may be added or additional pickups may be requested by either the homeowner or business owner. Container pickup charges, above one container, shall be charged as set out in the fee schedule.

(Ord. 1439; Code 2015)

Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste containers therefrom as required by this article.

(Ord. 1439; Code 2015)

Ownership of solid waste when placed in containers by the occupants or owners of the premises, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.

(Ord. 1439; Code 2015)

All garbage shall be drained of all excess liquid, and wrapped in paper or other closed disposable container before being placed in solid waste containers.

(Ord. 1439; Code 2015)

The City’s collection vehicle will make residential collection from a curbside or alley location as specified by city staff. The resident, near the curb or roadway shall place the placement of the solid waste container, but not in the trafficway. Placement should be within 12 hours of scheduled collections. Due to valid physical conditions, the city manager or solid waste superintendent may make exceptions, for the non-placement of containers at curbside or alley and the pick-up of those containers by city staff. All refuse for commercial customers shall be placed in containers placed on public or private property near the alley line or in designated spaces with proper guard rails to prevent damage, overturning, etc.

(Ord. 1439; Ord. 1444; Code 2015)

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile parts or frames, dead trees and other bulky heavy materials shall be disposed of at the expense of the owner or person controlling the same.

(Ord. 1439; Code 2015)

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse or waste. Hazardous material shall include:

(a)   Explosive Materials

(b)   Rags or other waste soaked in volatile or flammable materials

(c)   Chemicals

(d)   Poisons

(e)   Radio-active materials

(f)   Highly combustible materials

(g)   Solid dressings, clothing, bedding, and/or other wastes, contaminated by infection or contagious disease

(h)   Any other materials which may present a special hazard to collection or disposal personnel, equipment or to the public.

(Ord. 1439; Code 2015)

The City will collect yard wastes during the season, on a regularly scheduled day of each week. The owner or occupant may contact the city offices to be placed on a list for this service at no charge. From time to time, the owner may dispose of, tree limbs at the tree limb site immediately West of the Stockton Wastewater Treatment Plant. Compost made from such yard wastes and tree chipping shall be accessible to the general public and will be placed in the same disposal area as the yard waste and tree limbs.

(Ord. 1439; Code 2015)

It shall be unlawful for any person to:

(a)   Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the city and/or with the intent of avoiding payment of the refuse service charge;

(b)   Interfere in any manner with employees of the city or its contractors in the collection of solid waste

(c)   Burn solid waste except in an approved incinerator and unless a variance has been granted and written permit obtained from the city or the appropriate air pollution control agency;

(d)   Bury refuse at any place within the city except that lawn and garden trimmings may be composted in proper compost bins.

(Ord. 1439; Code 2015)

Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens; waste oils from garages or service stations shall be removed and disposed of at the expense of the owner or person controlling the same and in a manner consistent with this article.

(Ord. 1439; Code 2015)

No person shall haul, dispose of or cause to be hauled any garbage, refuse or other waste materials of any kind to any place, site or area within or without the limits of the city unless such side is a sanitary landfill, transfer point or disposal facility approved by the Kansas Department of Health and Environment and the Rooks County Commissioners.

(Ord. 1439; Code 2015)

(Ord. 1439; Code 2015)

Any vehicle used by any person for the transportation of solid waste shall be maintained in a go04 mechanical condition. Vehicle shall be equipped with an enclosed covered body to prevent contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys and will not come into contact with the city street as to mark said streets.

(Ord. 1439; Code 2015)

The collection and transportation of trash and waste materials shall be at all times under the general supervision of the city manager or the Street Department superintendent. He or she shall have the authority, by and with the consent of the governing body, to make additional rules and regulations not inconsistent with the terms and provisions of this article. Such rules requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, welfare or safety, or to become an annoyance to the inhabitants of the city, and providing for proper fee to be charged to the customer.

(Ord.1439)

It shall be unlawful for any person or firm, except an employee of the city specifically authorized for that purpose, to collect or transport any solid waste within the city for hire, except the occasional yard waste, tree limb or recyclable material hauling. Any person or business who shall conduct or operate, within the city limits, any vehicle for the purpose of collecting and transporting solid waste, without first obtaining a license as required by this article, or who shall violate the terms and provisions of this article, shall be deemed guilty of a violation of the code and upon conviction thereof shall be punished a provided in the schedule of fines published by the Municipal Court. The city manager and city commissioners, prior to the start of the private collection service, shall agree upon a franchisee fee for private collectors.

(Ord. 1439; Code 2015)

The city shall establish and collect a service charge to defray the operation and maintenance of the collection and disposition of solid waste within the city. Special conditions arise when one container is used by more than one customer, additional refuse pickups are desired, or requests for service outside the city limits are desired; such fees will be charged as designated by ordinance.

(Ord. 1439; Ord. 1587; Code 2015; Ord. 1638; Ord. 1667)

A request for water service, unless for water hydrant service for a garden, etc., shall constitute a request for solid waste service. Solid waste charges shall be included with all other utility bills and be billed monthly. No payment shall be accepted on utility bills except for the full amount billed for all services unless agreed upon by the city manager and/or city clerk in the manager’s absence. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as all other utilities.

(Ord. 1439; Ord. 1442; Code 2015)

In the event the owner or occupant of any property shall fail to pay the solid waste bills, within the same time allotted other utilities for the city, the city clerk may collect such fees through regular channels or they may annually certify such unpaid bills to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected. (K.S.A. 65-3410)

(Ord. 1439; Code 2015)

Any person, firm or corporation delivering refuse to the Rooks County Disposal site, operated by Rooks County, shall pay the required disposal fee as set by the Rooks County Commission and posted at the landfill.

(Ord. 1439; Code 2015)

The city manager is hereby authorized to formulate reasonable rules and regulations, subject to the city commission’s approval, necessary to carry out the provisions of this article.

(Ord. 1439; Code 2015)