ORDINANCE NO. 9488
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 9, ARTICLE 4, SECTIONS 9-401, 9-403, 9-404, 9-406, 9-407, 9-409, 9-412.1, 9-412.2, 9-412.5, 9-412.6, 9-413, and 9-416, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO HEALTH AND SANITATION, AND REPEALING EXISTING SECTIONS 9-401, 9-403, 9-404, 9-406, 9-407, 9-409, 9-412.1, 9-412.2, 9-412.5, 9-412.6, 9-413, and 9-416.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Chapter 9, Article 4, Section 9-401, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-401 REFUSE COLLECTION.
The City shall have the exclusive right to collect and dispose of refuse within the City limits and no other person shall collect and dispose of refuse 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 and disposal of refuse 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 collection, transportation and
disposal of refuse shall be at all times under the general supervision of the
City Manager or the Director of Public Works the Municipal Services
and Operations Department as the Manager's duly authorized agent who shall
have the authority to make additional rules and regulations not inconsistent
with the terms and provisions of this Article. Exceptions to these rules must
be approved by the Director of Public Works the Municipal Services
and Operations Department.
Nothing in this Article shall prohibit any person from transporting his or her own refuse, but intervals of disposal shall be not less than that prescribed for the refuse collection system of the City, and the disposal shall be in the same manner and place prescribed for the City system. Those persons transporting their own refuse shall not be relieved from the minimum charge imposed in accordance with Section 9-411. (Ord. 6061, Code 1984)
SECTION 2. Chapter 9, Article 4, Section 9-403, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-403 CITY ROLL-OUT TRASH CARTS.
(Ord. 7797, 8781)
(A) Each single-family and multiple-family dwelling unit, unless such dwelling unit is located in an area served by a trash dumpster, shall use a City Roll-out Trash Cart for the City's collection and removal of garbage, refuse, and yard waste.
(B) The City shall provide to each single-family and multiple-family dwelling unit, unless such dwelling unit is located in an area served by a trash dumpster, one City Roll-out Trash Cart. The City Roll-out Trash Cart shall be the property of the City and the City shall be responsible for its maintenance and repair.
(C) City Roll-out Trash Carts will be made available in three sizes: 35 gallons, 65 gallons, and 95 gallons. The 65-gallon size shall be standard.
(D) As set forth in Section 9-412.1(A), the monthly solid waste fee for each size City Roll-out Trash Cart shall be different. Additional City Roll-out Trash Carts shall be made available upon request for an additional rental and maintenance fee, as set forth in Section 9-412.1(B).
(E) It shall be the duty of the owner or occupant of any single-family dwelling unit or the owner or occupant of any multiple-family dwelling unit, not served by a trash dumpster, to select the correct size and number of City Roll-out Trash Carts adequate to contain the amount of garbage, refuse, or yard waste ordinarily accumulated at such dwelling unit during the interval between the City's collection and removal of garbage, refuse, and yard waste.
(F) The
owner or occupant of any single-family dwelling unit or the owner or occupant
of any multiple-family dwelling unit, not served by a trash dumpster, shall be
responsible for cleaning and the day-to-day care of City Roll-out Trash Carts.
The City will charge the owner or occupant a fee, as established by the Director
of Public Works the Municipal Services and Operations Department,
for any necessary repair or replacement due to the owner's or occupant's abuse,
misuse, or neglect of a City Roll-out Trash Cart.
SECTION 3. Chapter 9, Article 4, Section 9-404, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-404 COLLECTION PRACTICES: RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND CONSTRUCTION SOLID WASTE.
(Ord. 8781, Ord. 9335)
(A) The only acceptable container for the City's collection and removal of garbage and refuse from single-family dwelling units and multiple-family dwelling units, that are not located in an area served by a trash dumpster, shall be the City Roll-out Trash Cart.
(B) A maximum of twice per calendar year, the City will collect and remove an overflow of garbage and refuse from a dwelling unit in excess of that which can be contained by the City Roll-out Trash Cart. If a dwelling unit exceeds two such overflow incidents in one calendar year, the City will provide an additional or larger City Roll-out Trash Cart to the owner or occupant of that dwelling unit and the monthly solid waste fee will be adjusted accordingly. Overflow garbage and refuse must be securely bagged or placed in a secure container and may not exceed the 65-pound limit established by Section 9-405.
(C) During an overflow incident, the City may collect non-conforming containers together with their contents for removal and disposal. Such containers, e.g., cardboard boxes, paper boxes, pasteboard or fiberboard barrels, wicker baskets, etc., may be placed for collection and removal, but said container will not be returned for reuse. If the non-conforming container exceeds the 65-pound limit established by Section 9-405 of this Article or if, in the opinion of the collector, the non-conforming container does not appear sturdy enough to permit loading without the spilling of its contents, then it shall not be collected. Loose garbage and refuse placed in wheelbarrows, washtubs, or the like, will not be collected and removed.
(D) Acceptable containers for yard waste shall be City Roll-out Yard Waste carts, or compostable kraft paper bags especially designed for yard waste. Plastic bags and other refuse cans are strictly prohibited. Yard waste in compostable kraft paper bags may not exceed the 65-pound limit established by Section 9-405 of this Article.
(E) The City shall not collect garbage, refuse, or yard waste where jagged or sharp items protrude over the top of the City Roll-out Cart or other container. Additionally, broken glass shall be securely placed in a durable sealed package, prominently labeled, and placed in the City Roll-out Cart or other container so that the collector can recognize the risk of injury. A collector shall not dig through compacted garbage, refuse, or yard waste because of the risk of injury.
(F) The owner or occupant of a dwelling unit is responsible for the clean-up of any garbage, refuse, or yard waste scattered or spilled because of the nature or condition of the City Roll-out Trash Cart or other container, or because of the nature and condition of the garbage, refuse, or yard waste. The owner or occupant of a dwelling unit also is responsible for the clean-up of any garbage, refuse, or yard waste that is scattered or spilled, for any reason, before the arrival of the City collectors.
(G) The
owner or occupant of a dwelling unit, located in an area not served by a trash
dumpster, shall be responsible for providing a Collection Site that meets
criteria established by the Director of Public Works the Municipal
Services and Operations Department and that will insure that the City
Roll-out Trash Cart or other container is secure and will not roll or move away
from the Collection Site due to wind or gravity. The Collection Site shall be
readily accessible to collectors, shall be located over a hard surface, shall
have at least 12 feet in width, and shall be free from all obstructions to a
height of 15 feet. Removal of all vehicles, equipment, snow, ice, tress,
shrubbery, or other obstruction preventing safe access to the Collection Site
shall be the responsibility of the owner or occupant of the dwelling unit.
(H) The City shall not be responsible for any damage or deterioration to privately owned driveways or parking lots resulting from the weight of the Solid Waste Collection Vehicle. The City shall not be responsible for any damage to utility lines, trees, shrubbery, or other growth extending into the 12-foot width or 15-foot height required of the Collection Site. Likewise, the City shall not be responsible for any injuries or property damage caused by the owner's or occupant's failure to provide an adequate Collection Site or caused by any Roll-out Cart or other container that is not secured and rolls or moves away from the Collection Site.
(I) The
owner or occupant of a dwelling unit shall, unless otherwise approved by the Director
of Public Works the Municipal Services and Operations Department,
remove all City Roll-out Trash Carts or other containers from the street or
alley within 24 hours after the City's latest collection. If any City Roll-out
Trash Cart or other container remains in the street or alley in violation of this
section, for the protection of the public health, safety, and welfare,
collection supervisors shall have the authority to confiscate any such City
Roll-out Trash Cart or other container.
(J) Business,
commercial, industrial, institutional, and professional facilities or
establishments shall dispose of solid waste in containers meeting criteria
established by the Director of Public Works the Municipal Services
and Operations Department or his or her designee. The container or
containers must be adequate to contain the amount of garbage, refuse, or yard
waste ordinarily accumulated at such place during the interval between City
collection and removal of solid waste.
(K) Solid waste from construction, remodeling, demolition, or repair of any building shall be placed in City roll-off containers specifically designed for that purpose, or the owner, occupant, or general contractor shall be charged special collection fees in accordance with Section 9-412.9(D).
SECTION 4. Chapter 9, Article 4, Section 9-406, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-406 YARD, SHRUB, OR TREE TRIMMINGS, GRASS, LEAVES.
(Ord. 7797, Ord. 9335)
(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 kraft yard waste bags, or City approved yard waste roll-out carts are not to extend more than twelve (12) inches above the top of the 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 the same day as residential trash collection each week
during the yard waste season as specified by the Director of Public Works
the Municipal Services and Operations Department. Restrictions as to
size, type, and weight of containers area as specified in 9-404(D) and 9-405.
SECTION 5. Chapter 9, Article 4, Section 9-407, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-407 PLACEMENT OF CONTAINERS FOR COLLECTION: DUTY TO REMOVE EMPTY RECEPTACLES FROM DESIGNATED COLLECTION POINT.
(Ord. 7388, Ord. 7802, Ord. 9335)
(A) Unless
another pickup point has been approved by the Director of Public Works the
Municipal Services and Operations Department, all portable containers
containing refuse, upon days of collection thereof, shall be placed by the
occupant outside of any existing yard fence and within six (6) feet of the
alley in all blocks where alley pickup service is provided or within six (6)
feet of the curb in those blocks in the City where curb pickup service is
provided.
(B) Collection
at the door or other agreed location may be authorized by the Director of Public
Works the Municipal Services and Operations Department for hardship
cases arising from physical impairment upon written application. Such special
collection service shall be provided for a specified period, subject to
renewal.
(C) Containers shall be placed in a clearly accessible and uncluttered area to minimize risk of injury to the collector. Dogs tethered near refuse containers must be where they cannot interfere with the collection of refuse.
(D) To ensure collection on the scheduled day, containers and other properly packaged refuse must be placed at the designated point of collection before 6:00 a.m. on the scheduled day of collection, but not earlier than 24 hours before that time. (Ord. 7388).
(E) Containers and refuse left by the collection crew due to improper packaging must be removed from the curb as promptly as possible after the collection crew has departed, but not later than 24 hours after the collection crew has departed. The City shall not be responsible for the security of lids or containers after the collection crew has departed. (Ord. 7802)
(F) The owner or occupant shall remove the trash receptacles from the designated collection point and/or the right-of-way within 24 hours of the trash pickup. Failure to comply with this section may result in the condition being declared an environmental code violation and subject to the enforcement measures set forth in Article 6 of this chapter. (Ord. 7802)
SECTION 6. Chapter 9, Article 4, Section 9-409, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-409 UNLAWFUL ACTS.
Unless authorized hereby to collect and dispose of refuse or to operate a service for the collection of material for recycling, it shall be unlawful for any person to: (Ord. 5649; Ord. 6061; Ord. 6385)
(A) Remove any portion of the contents of any refuse container, or remove any material placed out by residents or occupants of any premise for collection by operators of recycling services authorized under the provisions of Article 9-416;
(B) Upset, turn over, remove or carry away a refuse container or lid thereto, or to damage such container or lid in any manner;
(C) Place or deposit refuse or any substance in a container other than his or her own, one which has been provided for his or her use, or a container provided and marked for public use;
(D) Set
out, or cause to be set out, refuse for collection that does not originate from
the premises where it is set out unless specifically approved by the Director
of Public Works the Municipal Services and Operations Department
in each case;
(E) Place
any material other than refuse, as defined in Section 9-402.b, in any
City-owned container except with prior authorization by the Director of Public
Works the Municipal Services and Operations Department; or
(F) Place refuse in any container in such a manner as to prevent proper closure of the container lid.
SECTION 7. Chapter 9, Article 4, Section 9-412.1, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-412.1 Each single-family dwelling unit or multiple-family dwelling unit, located in an area not served by a trash dumpster, shall be billed $18.80 per month as the monthly solid waste service fee. As part of that fee, each single-family dwelling unit or multiple-family dwelling unit, located in an area not served by a trash dumpster, shall receive from the City one standard 65-gallon City Roll-out Trash Cart. (Ord. 7795, Ord. 7900, Ord. 8012, Ord. 8131, Ord. 8284, Ord. 8416, Ord. 8546, Ord. 8644, Ord.8781, Ord. 9004, Ord. 9261, Ord. 9370)
(A) Upon
request made to the Division of Solid Waste, Department of Public Works
the Municipal Services and Operations Department, the owner or occupant of
a single-family dwelling unit or the owner of a multiple-family dwelling unit
may obtain alternative service for the corresponding monthly solid waste
service fee, as follows:
95-gallon City Roll-out Trash Cart $20.80 monthly
35-gallon City Roll-out Trash Cart $17.30 monthly
(B) Upon
request made to the Division of Solid Waste, Department of Public Works the
Municipal Services and Operations Department, the owner or occupant of a
single-family dwelling unit or the owner of a multiple-family dwelling unit may
request additional City Roll-out Trash Carts for a monthly rental and
maintenance fee, as follows:
95-gallon City Roll-out Trash Cart $4.75 monthly/each
65-gallon City Roll-out Trash Cart $3.75 monthly/each
35-gallon City Roll-out Trash Cart $2.75 monthly/each
(C) Free of charge, the City will provide one cart size change per address/ owner (or occupant) per calendar year. The City will charge a $20.00 service fee for any additional requests to change cart sizes.
(D) The replacement fee for any destroyed, missing, or confiscated City Roll-out Trash Cart shall be $55.00.
(E) Additional
fees shall be assessed for excessive amounts of garbage, refuse, or yard waste
that requires a solid waste loader to expend more than five minutes to collect
and remove the waste. The additional fee shall be established by the Director
of Public Works the Municipal Services and Operations Department
or his or designee.
SECTION 8. Chapter 9, Article 4, Section 9-412.2, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
(A) The minimum commercial rate shall be $23.49 per month, which allows the customer to have two (2) ninety-five (95) gallon poly-carts picked up once each week. The fee for any additional approved container will be $11.50 per container per pick-up.
(B) Commercial container rates include a rental and maintenance fee for the City-owned containers and a service charge for each pick-up or service call. This service charge is due for each service call even if the container cannot be emptied because the container is inaccessible or because the container has not been made ready for pick-up. Whenever the collection vehicle must wait for the customer to provide access or make the container ready for pick-up, a waiting-time charge of $23.00 for each fifteen (15) minutes or fraction thereof will be levied.
(C) In areas of the City where congestion and the lack of available space on-premises requires the use of commercial containers placed in or near alley rights-of-way or on public parking lots for the common use of business, professional, commercial, residential or other occupants of the block where the containers are located, charges shall be determined as follows:
(1) For buildings occupied by more than one business, apartment, institution, professional office, restaurant, club, or other enterprise, the rate shall be the sum of the rates for each individual occupant. The minimum rate for any occupant shall be the current minimum commercial rate except for apartment units which shall be charged at the residential rate per unit.
(2) The
rate for individual occupants other than residential units will be established
by square footage used or, as deemed appropriate by the Director of Public
Works the Municipal Services and Operations Department, in
comparison with rates charged to users similar in nature and size in areas of
the City where rates are more precisely determined by the level of service
requested by the owners or operators concerned.
(3) Charges for refuse collection service may be billed to the owner of the building or to the individual tenants at the option of the owner. Building owners choosing to have collection fees billed to the tenants must provide complete billing information to the City and provide timely notification of any tenant changes as they occur.
(4) Charges which cannot be collected from the tenants either during their occupancy or after they vacate the premises will be billed to the building owner.
(5) Building owners who are able to provide proper facilities for placing commercial containers on or near their premises for use solely by their tenants shall be billed at the container rate as set forth below.
SECTION 9. Chapter 9, Article 4, Section 9-412.5, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-412.5 BULK PICK-UP.
A fee schedule for certain types of
residential bulk item waste may be established by the Director of Public
Works the Municipal Services and Operations Department. Residential
bulk item waste means large items which cannot be collected with standard residential
solid waste collection equipment during weekly scheduled routes, such as
ranges, bed frames, washers, water heaters, refrigerators, air conditioners,
large quantities of carpet, and similar items. Residential customers shall make
arrangements in advance for bulk pick up service in accordance with procedures
established by the Solid Waste Division. (Ord. 9004)
SECTION 10. Chapter 9, Article 4, Section 9-412.6, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-412.6 SPECIAL PICK-UPS.
(Ord. 9004, Ord. 9261, Ord. 9370)
(A) Unusual
amounts of refuse that do not qualify for bulk pick-up service may be picked up
if equipment and personnel are available, at the discretion of the Director of Public
Works the Municipal Services and Operations Department.
(B) Waste
tires will be collected only as permitted by the State Department of Health and
Environment. Collection of waste tires will be conducted in accordance with
regulations established by the Director of Public Works the Municipal
Services and Operations Department.
(C) Chipper
services may be provided for disposal of tree trimmings when equipment and
labor are available, subject to limitations, fees, and other regulations
established by the Director of Public Works the Municipal Services
and Operations Department.
(D) Fees
for special pick-ups, tree chipping services, and waste tire collections shall
be charged $31.00 plus additional fees determined by the Director of Public
Works the Municipal Services and Operations Department based upon
the time and equipment required to provide the service and in consideration of
the disposal costs incurred. Fees may be collected in advance of the service at
the discretion of the Director of Public Works the Municipal Services
and Operations Department.
SECTION 11. Chapter 9, Article 4, Section 9-413, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-413 CHARGES, LOW-INCOME ELDERLY PERSONS.
Upon application made to the Solid Waste
Division of Public Works the Municipal Services and Operations
Department, the City shall grant to qualified low-income elderly persons a
reduced monthly solid waste service fee. A qualified low-income elderly person
is any individual who:
(A) Is sixty years of age or more before January 1 of the current year; and
(B) (i) In the preceding calendar year, had an income from all sources that did not exceed $13,266.00; or
(ii) Is the head of a family that, in the preceding calendar year, had a family income from all sources that did not exceed $17,864.00.
(Ord. 5021, Sec. 1; Ord. 6061; Ord. 6385; Ord. 6618; Ord. 6713; Ord. 6837; Ord. 6935; Ord. 7027; Ord. 7139, Ord. 7235, Ord. 7554, Ord. 7678, Ord. 7795, Ord. 7900, Ord. 8012, Ord. 8131, Ord. 8284, Ord. 8416, Ord. 8546, Ord. 8644, Ord. 8781, Ord. 9004, Ord. 9261, Ord. 9370)
SECTION 12. Chapter 9, Article 4, Section 9-416, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
9-416 RECYCLING OF WASTE MATERIAL.
The City shall have the right to control
and regulate recycling services within the City limits. No person shall operate
a door-to-door service for the collection of recyclable material from
residential, business, or other premises within the City unless authorized by
license or other formal agreement with the City. Any person so licensed shall
be required to comply with regulations established by the Director of Public
Works the Municipal Services and Operations Department. (Ord. 6061;
Ord. 6155)
SECTION 13. Existing Chapter 9, Article 4, Sections 9-401, 9-403, 9-404, 9-406, 9-407, 9-409, 9-412.1, 9-412.2, 9-412.5, 9-412.6, 9-413, and 9-416, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.
SECTION 14. If any section, sentence, clause, 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 15. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.
PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of _________, 2018.
APPROVED:
___________________________________
Stuart Boley, Mayor
ATTEST:
__________________________________
Sherri Riedemann, City Clerk
APPROVED AS TO FORM:
__________________________________
Toni R. Wheeler, City Attorney