Chapter XV · Refuse and Trash

ARTICLE 1. REFUSE AND TRASH; SOLID WASTE

Sections 15-101 to 15-123 · 23 sections

15-101 Definitions.

(a)“Private Contractor” shall mean any person, firm or corporation with whom an occupancy or resident of the City of Andover, Kansas hires or engages by contract to haul such person's, firm's, or corporation's garbage, trash or refuse, and who is properly licensed by the City of Andover, Kansas as hereinafter provided.

(b)“Garbage” shall mean the solid or semisolid animal and vegetable waste resulting from the handling, preparation, cooling and serving of foods, including cans, bottles, and cartons in which it was received and wrapping in which it may be placed for disposal.

(c)“Refuse” shall mean all solid waste from residential, commercial or industrial premises. It shall include semi-liquid or wet wastes with insufficient moisture or other liquid contents to be free flowing. It shall not include, except for minor amounts incidental to other wastes, any refuse resulting from building excavation, demolition or remodeling work, or any construction work, nor shall it include stumps, tree trunks, tree trimmings, and limbs resulting from operation of professional tree trimmers, or the tree trimmings resulting from the cutting down, or the topping of any tree, regardless of who performs the work, including but not limited to all substances which in common terminology might be construed to be trash, nor shall it include refuse resulting from tornado, cyclone, extreme wind storms, ice storms, flood or other such acts of God, or the burning of any building.

(d)“Standard Containers” shall mean plastic or metal rigid containers and a capacity not exceeding fifty-five (55) gallons, water tight, with tight setting covers, handle and side bails, or as hereafter otherwise approved by the City. Such containers must have solid sidewalls and bottoms.

(e)“Occupant or Resident” shall mean, either or both of such words, shall mean any owner or tenant occupying lands or lots within the City of Andover, Kansas upon which there is an occupied structure or any other vehicle or mechanism or thing which creates any significant accumulation of garbage, trash, and/or any other refuse as contemplated in the definition of garbage hereinabove defined.

(Ord. 250, Sec. 1).

15-102 Collection of refuse and garbage.

Any person, firm or corporation desiring to contract with residents or occupants of land in the City of Andover, Kansas as a Private Contractor for the collection, removal and disposal of garbage, trash and refuse shall first apply to the Governing Body of said City on a form provided by said City for authorization to engage in such activities in said City. The City, upon receipt of such application, shall cause the vehicle or vehicles to be used by such contractors to be inspected and if the same shall be found to be in good working order and capable of conveying garbage, trash or refuse in a sanitary manner, and such applicant be otherwise able to meet the terms of Ordinances and Regulations of said City, then the City shall issue an annual license for each vehicle to be used in the City of Andover expiring on the last calendar day of each year to such applicant. The first license issued hereunder to each Private Contractor shall expire initially at midnight following the 31st day of December 1976, and shall be renewable annually thereafter, and each annual application for renewal shall be filed with the City Clerk more than 30 days prior to the expiration of the Private Contractor's license. The initial license fee for that portion of the year 1976 in which this article is in effect shall be one-half (1/2) of the annual fee provided for in section 15-103 hereinafter. Similarly, should in any ensuing year a contractor apply for a license after July 1, of such calendar year, such contractor shall be liable for one-half (1/2) of the annual license fee or fees, as the case may be.

(Ord. 250, Sec. 2)

15-103 License fee.

Each Applicant-Private Contractor shall pay an annual license fee of Ten Dollars ($10) per cubic yard of hauling capacity for the first vehicle used by him in his activities in Andover, Kansas and an additional sum of Ten Dollars ($10) per cubic yard of hauling capacity for each additional vehicle used by him in the City of Andover, Kansas providing that the license fee for any vehicle shall not be less than Twenty-five ($25) Dollars nor more than One Hundred ($100) Dollars per year. Nothing herein shall be construed as prohibiting a license upon application and approval granted by the Public Officer of the City of Andover, Kansas from using a substitute vehicle for a licensed vehicle during any period of time not exceeding Thirty (30) days when a licensed vehicle is out of operation or otherwise not available for use in the City of Andover, Kansas by reason of no act on the part of the Licensee.

(Ord. 250, Sec. 3)

15-104 Revocation of license.

Any Private Contractor having received a license as aforesaid and who fails to comply substantially with the terms of this article, its amendments, or with regulations hereinafter adopted relating to the storage, collection and disposal of garbage, trash or refuse or who willfully disobeys a proper and lawful instruction of the Public Officer of said City relating to the storage, collection, or disposal of garbage, trash, or refuse, shall be subject to having such license revoked, provided, however, that a hearing be held upon such revocation prior to the same becoming effective and notice of such hearing before the Governing Body of said City be given to the said Private Contractor at least five (5) days prior to such revocation becoming effective. At such hearing the Private Contractor may show cause why his license should not be revoked. Nothing herein shall be construed as preventing the City through its Governing Body from temporarily suspending such license prior to such hearing if the Governing Body of said City in good faith determines that such temporary suspension is necessary to protect the health, safety and welfare of the inhabitants of said City.

(Ord. 250, Sec. 4)

15-105 Exemption.

Any firm, person or corporation who may otherwise be required by reason of the next preceding section of this article to have their refuse and garbage collected and disposed of by a Private Contractor may elect to have such garbage and refuse collected and disposed of in the following alternative method, to-wit:

(a)By such occupant or owner removing and disposing of the same in his own vehicles or having the same collected and removed by an employee (providing if such election is made under this subsection such person shall in all other respects comply with the other applicable provisions of this article), providing that such person making such election set out in this section shall file with the City its certificate or affidavit in a form prescribed by said City, thus notifying said City that such election has been made by such person. Said application and certificate shall include an address and legal description of said land occupied by such person and the name of the owner or owners thereof, and providing further that nothing herein shall be construed as a waiver by said City of its right to collect the monthly solid waste disposal charge provided for hereafter.

(b)Likewise, any resident or occupant, who by reason of his vacation or other absence from the City or a temporary disability of such owner or occupant may apply for a temporary exemption on the grounds and for the reason that such resident or occupant contemplates that no garbage or trash will be generated from his premises, but that such temporary exemption shall not exceed six (6) months at any one time.

(Ord. 250, Sec. 5).

15-106 Repealed.

(Repealed by Ord. 790)

15-107 Inspection of vehicle.

Any person, firm or corporation desiring to operate as a Private Contractor within the City of Andover, Kansas and the City's Contractor shall, prior to engaging in such pursuit in the City, submit any motor vehicle equipment which he intends to use in the hauling of garbage and trash within the City of Andover, Kansas to inspection by the Public Officer of said City prior to the issuance of a license as hereinafter provided.

(Ord. 250, Sec. 7)

15-108 List of residents.

At the end of and within fifteen (15) days following the end of each month each Private Contractor shall furnish to the City the names of all occupants and residents with whom he is then currently contracting for the removal of garbage and trash together with the street address from which such garbage and trash is to be removed.

(Ord. 250, Sec. 8).

15-109 Employing of private contractor.

Residents or occupants employing a private contractor to dispose of such resident's or occupant's garbage, trash or refuse shall pay to such Private Contractor such sum as is determined by contract between such occupants or residents and the private contractor for such service. Notwithstanding that a person may employ or enter into a contract with such Private Contractor nothing shall be construed as preventing such occupants or residents from periodically hauling garbage, trash or refuse from such occupant's or resident's premises providing that the same is collected and disposed of in tight containers and in a manner so as to prevent any danger to the public health of the inhabitants of the City and in such manner as not to litter the streets, alleys or other public or private property in said City.

(Ord. 250, Sec. 9).

15-110 Frequency.

All refuse and garbage accumulated within the City of Andover shall be collected, conveyed and disposed of by the City's Contractor or in the alternate method provided for in this article at least once a week.

(Ord. 250, Sec. 10)

15-111 Owners of property.

It shall be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises or place where garbage, trash and refuse accumulates to provide at all times and at all times to maintain in good order and repair on said premises portable container or containers for refuse and garbage storage of sufficient capacity and of sufficient number to accommodate and securely hold all of the garbage and refuse that may accumulate within one week's time from said premises.

(Ord. 250, Sec. 11)

15-112 Animal waste, vegetable matter, tree limbs, and grass clippings.

Within the corporate limits of the City all garbage and refuse consisting of animal waste or vegetable matter which might attract flies, dogs or rodents shall be drained of all excess liquid, wrapped in paper or disposable containers and stored until collection in covered containers. The owner or occupant of any premises in the City who avails himself of the services of a Private Contractor shall place all tree limbs and grass clippings near or adjacent to his garbage and trash containers and in a length and condition such that the same may be readily removed by the Private Contractor and the same shall not be intermingled with other forms of garbage and trash.

(Ord. 250, Sec. 12)

15-113 Health or sanitation hazard.

No person shall permit to accumulate on any premises, improved or vacant, or on any public place in the City, such quantities of garbage or refuse, either in containers or not, that shall, in the opinion of the Public Officer, constitute a health or sanitation hazard.

(Ord. 250, Sec. 13)

15-114 Accumulation of waste materials.

No person shall be permitted to accumulate quantities of refuse, paper, trash, ashes, or other waste materials within or close to any building in the City, unless the same is stored in containers in such a manner as not to create a health or fire hazard.

(Ord. 250, Sec. 14)

15-115 Burying of refuse.

No person shall bury refuse at any place within the City of Andover, Kansas or to keep, place, or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied, or under possession and control of such person, provided, however, that lawn and garden trimmings may be composted.

(Ord. 250, Sec. 15)

15-116 Burning trash and garbage.

(a)It shall be unlawful for any person to burn or cause to be burned in the City of Andover, Kansas, any material which upon burning may emit obnoxious odors or smoke. It shall also be unlawful for any person to burn any material within the City of Andover, Kansas, without a valid open burning permit issued under Chapter VII, Fire Protection, Article 1, of the Code of the City of Andover.

(b)Violation of this section shall be subject to a fine not to exceed $500.

(Ord. No. 619; Ord. 1546)

15-117 Nuisances.

No person shall create, cause, or add to any refuse accumulation not placed for regular or special haul, or to cause unwholesome odors, or to cause the attraction or collection of insects or rodents, or burn any garbage, leather, rubber, plastic, green or wet vegetation or organic material, or burn any other substance producing smoke problems within the City of Andover.

(Ord. 250, Sec. 16).

15-118 Hazardous materials.

No person shall deposit in a garbage or refuse container or otherwise offer for collection any hazardous garbage, refuse or waste. Hazardous materials shall be transported by the owner, responsible person or his agent, to a place of safe deposit or disposal as prescribed by the Public Officer or his authorized representative. Hazardous material shall include: explosive materials, rags or other waste soaked in volatile and inflammable materials; drugs; poisons; radioactive materials; highly combustible materials; soiled dressings; clothing, bedding and/or other wastes contaminated by infection or contagious disease, and other materials which may present a special hazard to collection or disposal personnel or equipment or the public.

(Ord. 250, Sec. 17)

15-119 Collection.

The City of Andover or the City's Contractor or residents of the City removing garbage and trash under the alternate method provided in this article shall collect from residential areas of the City at least weekly and from the designated business routes and all food establishments of the City at least weekly; provided, that it shall be the duty of any person in possession or control of any premises to place the standard containers at a place readily accessible for its removal whereby collectors can obtain the same without going into building, garages, locked gates or fenced yards.

(Ord. 250, Sec. 18)

15-120 Removal bins or containers.

Any person, firm or corporation desiring to remove garbage and trash from premises occupied by such person, firm or corporation under the exemption provided for herein and any Private Contractor of said City shall remove same in tightly enclosed bins or containers so that garbage is not accessible to flies and other insects and so that such garbage and trash will not be strewn among the public or private property in the City of Andover, Kansas.

(Ord. 250, Sec. 19)

15-121 Penalty.

Any person, firm or corporation upon being found guilty of a violation of this article shall be fined not less than Five Dollars ($5) nor more than One Hundred Dollars ($100) for such violation, and each day such violation is allowed to continue shall constitute a separate violation of this article.

(Ord. 303, Sec. 3)

15-122 Hours of collection.

No private contractor shall collect garbage, trash, or refuse from residential customers within the corporate limits of Andover between the hours of 10:00 p.m. and 6:00 a.m. except as authorized by the Public Officer for the removal of hazardous material presenting an immediate threat to the public.

(Ord. 591)

15-123 Commercial hours of collection.

No private contractor shall collect garbage, trash, or refuse within the corporate limits of Andover between the hours of 10:00 p.m. and 6:00 a.m. except as authorized by the Public Officer for removal of hazardous material presenting an immediate threat to the public.

(Ord. 819)