ORDINANCE NO. 7797
AN ORDINANCE ESTABLISHING ACCEPTABLE CONTAINERS FOR YARD WASTE TO REFUSE CANS, ROLL-OUT CARTS, AND COMPOSTABLE FIBER BAGS, PROHIBITING USE OF PLASTIC BAGS FOR YARD WASTE, AND AMENDING CHAPTER IX, ARTICLE 4, SECTIONS 2, 3, AND 6 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Sections 9-402, 9-403, and 9-406 of the Code of the City of Lawrence, Kansas, 2003 Edition, are amended to read as follows:
9-402 DEFINITIONS.
As used in this Article, the following words shall have the meanings respectively set out opposite them.
(A) Garbage includes all kitchen and table refuse and every accumulation of animal, vegetable and other material that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, birds, grain, fruits, vegetables or other types of foods of whatever character and shall include all animal and vegetable refuse from kitchens and all household wastes that shall have resulted from the preparation of food including tin cans and bottles. Dead animals, dishwater and wastewater are not included under garbage.
(B) Refuse includes any and all accumulations of waste material, garbage, trash, rubbish, paper, packing material, pasteboard, cinders, metal and small tree limbs under five (5) inches in diameter when cut to a length of not to exceed five (5) feet and tied in bundles. The term refuse shall include waste products from the construction, remodeling, demolition, demolition or repair of any building, or resulting from any construction or building operation. The term refuse shall not include:
(1) Sod, dirt, sand, rocks, bricks, or other masonry unless packaged in accordance with Sections 9-403 and 9-405, or placed in roll-off containers designated for such purpose.
(2) Any item posing unusual risk of injury to personnel or damage to the collection vehicle.
(3) Tires, except as provided in Section 9-412.9.
(4) Materials which have seen set out for recycling.
(5) Hazardous waste or non-regulated materials, such as motor oil, antifreeze, car batteries.
(C) Yard Waste includes leaves, grass, trimmings from lawn and flower gardens, and small twigs or sticks less than .5 inch in diameter.
9-403 PROVIDING CONTAINERS.
It shall be the duty of the owner or tenant residing in any single family residence and the owner of any multiple family residence, or of any business, commercial, industrial, institutional, or professional facility or establishment within the City of Lawrence, Kansas, to provide or cause to be provided, and at all times keep or cause to be kept, a portable container or containers adequate to contain the amount of refuse ordinarily accumulated at such place during the intervals between collections made by the City.
9-403.1 Roll-out carts are available from the City for a monthly fee, as provided in 9-412.3(E). Other refuse containers shall be constructed of metal, plastic or other materials approved by the Director of Public Works, shall have a capacity of not more than thirty-five (35) gallons, shall be watertight, shall be provided with two (2) handles on the outside, provided with a tight-fitting cover, and maintained in a state of good repair. Disposable plastic bags of sufficient thickness and strength to avoid rupture and disposable paper bags which are manufactured specifically for refuse disposal may be used for refuse (only) by occupants of single family residences. Disposable bags must be not more than thirty-five (35) gallons in capacity, secured tightly, and leave sufficient material at the top for grasping by the collection crew. Ordinary paper bags such as grocery bags, shopping bags, or similar containers are not authorized containers and will not be collected. Disposable bags are not permitted for multiple family residences or for accounts paying nonresidential rates unless facilities are provided to prevent scattering of refuse by animals, weather, traffic, or other causes.
9-403.2 Cardboard boxes, paper boxes, pasteboard and fiberboard barrels and wicker baskets are not acceptable as reusable receptacles. These containers may be placed out for pick up and disposal but will not be returned for reuse. Such containers and their contents will be collected if the overall weight of container and contents together do not exceed sixty-five (65) pounds and the contents do not present a hazard to the collector. If, in the opinion of the collector, the container does not appear sturdy enough to permit loading without spilling the contents, it shall not be collected. Wheelbarrows and washtubs containing loose refuse will not be dumped.
9-403.25 Acceptable containers for the collection of yard waste for residential accounts are limited to refuse cans (as detailed in 9-403.1), roll-out carts, or compostable kraft paper bags specifically designed for yard waste. Plastic bags are prohibited for packaging yard waste for separate collection.
9-403.3 The customer will be responsible for clean-up of refuse scattered or spilled because of the nature or condition of the container or refuse and any refuse scattered or spilled by animals, wind or other causes before arrival of the collection crew. Customers using containers designed for mechanical dumping whose refuse is of a type susceptible to easy dispersal by the wind when the container is being dumped, or who permit the container to be overfilled, will be responsible for clean-up of any litter caused by wind scatter or by refuse falling from the container during the dumping operation.
9-403.4 Containers with sharp or jagged items protruding above the top of the container shall not be collected. Collectors shall not dig compacted refuse from containers due to the risk of injury. Broken glass should be placed in a durable sealed package, prominently labeled so that the risk of injury can be recognized, and the package placed inside the container.
9-403.6 Collection supervisors are authorized to confiscate any container not meeting the requirements of Section 9-403.1, any container or lid permitted to remain in a street or alley for more than twenty-four (24) hours after the last collection without prior approval by the Director of Public Works, and any container which is hazardous to the crew if the hazardous condition is not corrected after one warning tag has been issued.
9-403.8 Refuse containers designed for mechanical dumping larger than thirty-five (35) gallons may be used if of a type that can be picked up by refuse collection equipment in use by the City. The customer shall be responsible for providing a container site which meets criteria established by the Director of Public Works, including provisions to ensure that the container cannot roll from its site because of wind or gravity, and the customer shall be responsible for providing safe access to the container site. Such access must be over a hard surface at least twelve (12) feet in width and free of all obstructions, including overhead obstructions to a height of fifteen (15) feet. Removal of vehicles, equipment, snow, ice, and any other obstructions preventing safe access to the container shall be the responsibility of the owner or occupant of the premises. The City shall not be held responsible for damage to or deterioration of privately owned parking lots or driveways resulting from the weight of the collection vehicle, or damage to utility lines, shrubbery, trees, or other growth extending into the prescribed property damage or injuries caused by the customers failure to provide safeguards adequate to prevent the container from rolling away from its designated site.
9-403.9 Waste products from construction, remodeling, demolition, and repair of any building or resulting from any construction or building operation shall be placed in City-owned roll-off containers specifically designed for that purpose or be subject to other charges as outlined in 9-412.9 (D).
9-404 Reserved.
9-405 MAXIMUM WEIGHT.
No manually collected refuse container when loaded shall weigh more than sixty-five (65) pounds, and no separate item or items of refuse manually collected shall weigh more than sixty-five (65) pounds, nor shall it be of such a size, volume or shape as to exceed what one person can reasonably be expected to lift and empty into a collection vehicle. The maximum weight for containers subject to mechanical pickup will vary with the type of collection equipment used.
9-406 YARD, SHRUB, OR TREE TRIMMINGS, GRASS, LEAVES.
(A) Yard, shrub, or tree trimmings not bundled or placed in approved containers will not be collected. Bundles must be tied securely, shall not be more than eighteen (18) inches in diameter, not more than five (5) feet long nor more than sixty-five (65) pounds in weight. Yard, shrub, and tree trimmings placed in cans, bags, or roll-out carts are not to extend more than twelve (12) inches above the top of the can, bag or cart, or be so tightly packed that they must be pulled from the container by hand.
(B) Grass and leaves will be collected separately from other refuse. This separate collection will be on one day each week during the yard waste season as specified by the Director of Public Works. Restrictions as to size, type, and weight of containers area as specified in 9.403.25 and 9.405.
Section 2. Sections 9-402, 9-403, and 9-406 of the Code of the City of Lawrence, Kansas, 2003 Edition, are hereby repealed, it being the intent of this ordinance to supersede the repealed provisions.
Section 3. This ordinance shall take effect on and after January 1, 2005.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this _____ day of ____________, 2004.
_________________________
Mike Rundle, Mayor
ATTEST:
_________________________
City Clerk
Approved as to form and legality:
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David L. Corliss
Director of Legal Services