ORDINANCE NO. 8851
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ENACTING CHAPTER NINE, ARTICLE 4A OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, ESTABLISHING AN ORGANIZED COLLECTION SERVICE FOR RESIDENTIAL RECYCLING WITHIN THE CITY LIMITS OF LAWRENCE, KANSAS.
WHEREAS, after considerable public input, study and debate it is determined that it is in the public interest to create and operate an organized collection service for residential recycling in the City of Lawrence, Kansas;
WHEREAS, among the many reasons supporting the creation and operation of a residential recycling program, are: the reduction in the amount of waste delivered to landfills; the conservation of natural resources such as timber, water, and minerals; the prevention of pollution; the conservation of energy; the reduction of greenhouse gas emissions; and the numerous contributions to the health, safety and welfare of our citizens and others; and
WHEREAS, this ordinance is adopted under the authority of the City’s health, safety and welfare powers.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Chapter 9, Article 4A of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby enacted to read as follows:
ARTICLE 4A. RESIDENTIAL RECYCLING SERVICES.
9-4A-101 DEFINITIONS.
(A) “Collection point” shall mean the location specified in the residential recycling collection service rules and regulations from which the City will collect recyclable materials pursuant to this Article.
(B) “MRF” shall mean Material Recovery Facility.
(C) “Permitted Recyclable Materials” shall mean those materials set forth in Section 9-4A-108, which the City will accept as Recyclable Material in its residential recycling collection service.
(D) “Recyclable Materials” shall mean any refuse designated from time to time by the governing body of the City of Lawrence, Kansas, by ordinance as being a permitted recyclable material for the purposes of separate disposal and collection in the City under the provisions of this Article.
(E) “Refuse” shall have the meaning set forth in Chapter 9, Article 4 of the Code of the City of Lawrence, Kansas.
(F) “Single stream” shall mean commingled recyclable materials collected in a single recyclable container by the City from single-family and multi-family residential customers.
9-4A-102 ESTABLISHMENT OF SERVICE; RESIDENTIAL RECYLING.
After October 15, 2014, the City shall have the right to collect permitted recyclable materials, as defined in this Article, for single-family and multi-family dwellings within the city limits of the City of Lawrence, Kansas. After October 15, 2014, no other person shall collect residential permitted recyclable materials within the City unless authorized by license or other formal agreement with the City. The City shall establish, maintain, and conduct a service for the collection of residential recyclable materials and shall purchase such equipment and engage such employees as may be needed, and shall pay such prices, salaries and wages as the City Commission may authorize for efficient operation of such service. The City may contract with a Material Recovery Facility (MRF) that provides recyclable material processing and related services.
9-4A-103 SUPERVISION; RULES AND REGULATIONS.
The collection, transportation, and recycling of residential recyclable materials shall be at all times under the general supervision of the City Manager, or Director of Public Works as the Manager's duly authorized agent, who shall have the authority to promulgate rules and regulations not inconsistent with the terms and provisions of this Article.
9-4A-104 VOLUNTARY PARTICIPATION.
Nothing in this Article shall prohibit any person from declining to recycle or transporting or recycling his or her own residential recyclable materials. Those persons transporting or recycling their own residential recyclable materials shall not be relieved from the monthly residential solid waste charge, which shall include the residential recycling service charge, imposed in accordance with Section 9-411 and Section 9-4A-110 of the Code of the City of Lawrence, Kansas.
9-4A-105 RECYCLING COLLECTION SERVICES FOR SINGLE-FAMILY RESIDENTIAL CUSTOMERS.
(A) The City shall provide single stream recycling collection services for permitted recyclable materials, as defined in this Article, for all single-family residential customers. The single-family residential customers’ collection point for recyclable materials shall be adjacent to the customer’s solid waste service collection point. The City shall provide containers for recyclable materials as set forth in Section 9-4A-107 of this Article.
(B) The frequency of the residential recycling collection service shall be once every other week.
(C) The collection service schedule shall be set forth in the residential recycling collection service rules and regulations.
9-4A-106 RECYCLING COLLECTION SERVICES FOR MULTI-FAMILY RESIDENTIAL CUSTOMERS.
(A) The City shall provide single stream recycling collection services for permitted recyclable materials, as defined in this Article, for all multi-family residential customers. The multi-family residential customers’ collection service for recyclable materials shall be similar to the method in which the customers’ solid waste is collected. The City shall provide the multi-family residential customers with access to containers for recyclable materials as set forth in Section 9-4A-107 of this Article at locations adjacent to the customers’ solid waste service collection point.
(B) The recycling service collection schedule and frequency of service shall be set forth in the residential recycling collection service rules and regulations.
9-4A-107 CONTAINERS FOR RECYCLABLE MATERIALS.
(A) Single-family residential customers. The City shall provide single-family residential customers (not served by trash dumpster service) one standard 95-gallon, roll-out cart for recyclable materials. Single-family residential customers may decline the roll-out cart, request an alternative size, or request an additional roll-out cart.
(B) Single-family residential customers served by trash dumpster service. Single-family residential customers served by trash dumpster service shall have access to dumpsters for recyclable materials located near or adjacent to the customers’ solid waste service collection point.
(C) Multi-family residential customers. Multi-family residential customers will be provided access to roll-out carts or dumpsters for recyclable materials on the premises which match the solid waste collection service on the premises.
(D) Containers exclusively for recyclable materials. Roll-out carts and dumpsters for recyclable materials shall be used for recyclable materials only and shall not be used by customers to contain refuse, yard waste, or any other materials other than permitted recyclable materials. The roll-out carts and dumpsters for recyclable materials shall be the property of the City. The owner or occupant of any single-family dwelling unit or owner of a multi-family unit or complex shall be responsible for cleaning and the day-to-day care of the containers for recyclable material provided to them.
9-4A-108 PERMITTED RECYCLABLE MATERIALS. Residential customers may place the following materials in their designated roll-out cart or dumpster for recyclable materials for collection service:
(A) Glass food and beverage containers (glass bottles and jars);
(B) Mixed paper (magazines, catalogues, junk mail, chipboard, milk / juice containers, paperback books and telephone books);
(C) Newsprint (newspaper and advertising supplements);
(D) Office paper (printer and copier paper);
(E) Shredded paper, provided it is bagged in clear, plastic bags;
(F) Corrugated cardboard containers (unwaxed cardboard boxes);
(G) Tin, steel, aluminum and bimetal food and beverage containers;
(H) Scrap metal sized to less than 30-inches in each direction and less than 50 pounds per piece (pots, pans, screen door trim, metal fixtures);
(I) Plastic containers marked with recycling symbols #1 through #7 (plastic bottles, tubs and jars); and
The governing body may, from time to time, by ordinance, alter or amend the list of “Permitted Recyclable Materials.”
9-4A-109 PREPARATION AND PLACEMENT OF PERMITTED RECYCLABLE MATERIALS BY CUSTOMERS.
(A) All permitted recyclable materials consisting of glass, metal, or plastic containers shall be empty. All permitted recyclable materials consisting of paper materials shall be clean and dry. Residential recycling customers shall comply with the City’s reasonable rules and regulations concerning the preparation of recyclable materials for collection.
(B) Residential recycling customers who are provided roll-out carts for recyclable materials shall comply with the requirements of Section 9-407 of the Code of the City of Lawrence, Kansas.
9-4A-110 RESIDENTIAL RECYCLING SERVICE CHARGES.
(A) For all single-family dwellings, and for each family dwelling unit in multi-family dwellings not charged commercial container rates, residential recycling service charges will be included in the standard monthly solid waste service charge. Effective October 15, 2014, the monthly solid waste service charge will increase by $2.81 per customer.
(B) For all other multi-family dwellings, paying commercial container rates, the residential recycling service charge shall be $2.81 per month for each multi-family dwelling unit. Such charges shall be billed by and paid to the City Finance Department on a monthly basis. Should the charges for residential recycling service become delinquent, the Finance Department shall pursue payment in the manner in which it collects other delinquent City utility bills.
(C) Residential recycling service customers
who believe there is an error in the bill or charges, shall report the alleged
error to the City Finance Department’s Utility Billing Office within thirty
(30) days of receipt of the bill so that corrections may be made, if
appropriate. The City Manager will make recommendations to the City
Commission concerning residential recycling collection service charges annually
for multiple-family dwellings and single-family integrated solid waste charges.
9-4A-111 ADDITIONAL FEES ASSESSED FOR PLACEMENT OF UNACCEPTABLE MATERIALS WITH RECYCLABLE MATERIALS.
(A) The City shall charge the single-family residential customer a fee of $5.00 for each roll-out cart for recyclable materials that contains unacceptable materials that must be disposed of by the City as refuse.
(B) The City shall charge the owner of the premises of a multi-family residential unit or complex a fee for each recyclable materials dumpster that contains unacceptable materials that must be disposed of by the City as refuse. The charge shall be in accordance with the service charge schedule set forth in Section 9-412.3 of the City Code.
(C) A cleaning fee shall be charged for customers requesting special container cleaning services for residential recyclable material containers on the same basis as refuse containers, as stated in section 9-412.4 (C) of the City Code.
(D) A replacement fee of $50.00 for each cart for any destroyed, missing, or confiscated roll out cart for recyclable materials.
9-4A-111 UNLAWFUL ACTS.
On and after October 15, 2014, it shall be unlawful for any person to:
(A) Remove any portion of the contents of any residential recyclable material container, or remove any material placed by residents or occupants of any residential dwellings at the designated recyclable materials collection point;
(B) Upset, turn over, remove or carry away a recyclable materials container, or to damage such container in any manner;
(C) Set out, or cause to be set out, recyclable materials for collection that do not originate from the premises where it is set out unless specifically approved by the Director of Public Works in each case;
(E) Place any material other than permitted recyclable materials, as defined in Section 9-4A-108;
(F) To intentionally contaminate or soil recyclable materials so as to cause the City or the MRF to reject a load or loads of recyclable materials.
(G) To damage destroy carts or trash dumpsters for recyclable materials.
9-4A-112 PENALTIES.
Engaging in any of the unlawful acts set forth in this Section shall be a separate municipal offense. Any person violating a provision of Section 9-4A-111 of this Article, shall upon an adjudication of guilt or the entry of a plea of no contest, be subject to a minimum fine of $25.00 for each unlawful act.
SECTION 2. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 3. This ordinance shall take effect following its adoption and publication as provided by law and in accordance with KSA 2011 Supp. 12-2034 et seq.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ___ th day of ______________________________, 2013.
APPROVED:
___________________________________
Robert J. Schumm
Mayor
ATTEST:
__________________________________
Jonathan M. Douglass
City Clerk
APPROVED AS TO FORM:
__________________________________
Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.