For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the past tense or future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

(a)   “City” is the City of Cherryvale.

(b)   “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

(c)   “Sanitation Officer” is the Public Works Director of Cherryvale, or his authorized representative.

(d)   “Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.

(e)   “Refuse” is all putrescible and non-putrescible solid wastes, except body wastes and other wastes ordinarily disposed of through a sewer system, and includes garbage, rubbish, ashes, street cleanings, dead animals, solid market and industrial wastes, paper, cardboard, tin cans, yard clippings, tree limbs, appliances, wood, glass, and similar materials.

(f)    “Bulky waste” means any waste whose large size or shape, or for any other reason, precludes or complicates the handling by normal collection, processing, or disposal methods, and shall include, but not be limited to, refrigerators or other large household appliances, hot water tanks, building stones, large pieces of concrete, construction or demolition refuse, motor vehicles, and trees or limbs exceeding four feet in length and not tied in bundles of sixty-five pounds or less.

(g)   “Hazardous waste” shall include, but not be limited to, waste containing liquids of any kind in excess of fifty percent by weight; volatile waste, paint or paint waste, dry cleaning fluids, oil sludge, acids, caustics, poisons, drugs and like materials, pathological wastes, biological wastes, explosive material or waste, radioactive waste, pesticides, and septic tank cleanings or waste.

(K.S.A. 65-3402; K.S.A. 12-2101 et seq.; Code 2001, 6-201)

(a)   All refuse accumulated in the city shall be collected, conveyed, and disposed of by the city, its agents or employees. No person shall collect or convey over any of the streets or alleys of the city, or dispose of any refuse accumulated in the city, except that bulky wastes and hazardous wastes may be collected, transported, and disposed of by the producers or owners thereof, or by private contractors.

(b)   All refuse accumulated in the city, including hazardous wastes and bulky wastes, shall be stored, collected, transported, and disposed of under the supervision of the sanitation officer. Said officer shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the storage, collection, transportation, and disposal of refuse and solid wastes as he shall find necessary, and to change and modify the same from time to time. The sanitation officer may classify certain wastes as hazardous wastes or bulky wastes which will require special handling, and which should be disposed of only in a manner acceptable to the sanitation officer.

(K.S.A. 12-2106; K.S.A. 65-3410; Code 2001, 6-202)

(a)   Containers for refuse, garbage, and all other solid wastes shall be:

(1)   provided by the owner, tenant, lessee or occupant of the premises;

(2)   of a type and nature approved by the sanitation office;

(3)   of a size capable of being lifted by one man;

(4)   kept in a clean and sanitary condition at all times;

(5)   equipped with tight-fitting covers, watertight, and

(6)   not less than twenty gallons in size, nor more than thirty-two gallons in size.

(7)   The sanitation officer shall have the authority to refuse collection service for failure to provide and maintain proper or adequate containers.

(b)   No person shall place or store wastes in any street, alley, or other public place, or upon any private property, whether owned by such person or not, within the city, except it be in proper containers approved by the sanitation officer.

(c)   Residential waste containers shall be stored upon the residential premises. Commercial waste containers shall be stored upon private property, unless the owner shall have been granted permission from the sanitation officer to use public property for such purposes.

(d)   The storage site shall be well drained and fully accessible to collection equipment, public health personnel, and fire inspection personnel.

(e)   All waste containers shall be placed for collection at ground level on the property, and not more than twenty feet from the side of the street or alley from which collection is made; provided, however, the sanitation officer may grant approval for other collection and storage sites or areas.

(K .S.A. 65-3410; Code 2001, 6-203)

(a)   It shall be unlawful for any person to throw, place, deposit, or allow to accumulate, leave, or cause to be placed or deposited on any parking, sidewalk, gutter, street, alley, thoroughfare, park or public grounds, any refuse or solid wastes; provided, however, that nothing shall prevent persons, with the permission of the sanitation officer, from encumbering streets or alleys with building materials for purposes of construction, remodeling, or repairing any building, structure, or thing, which materials shall be removed within a reasonable time of completion of said work.

(b)   Every person, including the owner and occupant of any premises within the city limits of the City of Cherryvale, Kansas, shall maintain his premises in a clean and sanitary manner, free from all refuse and solid waste.

(c)   Every owner or occupant of any premises within the City of Cherryvale, Kansas, shall dispose of all refuse in a clean and sanitary manner, placing the same in approved containers for collection and disposal by the city’s agents or employees.

(d)   It shall be unlawful to accumulate refuse, solid waste, or garbage in any manner not approved by the sanitation officer, and any such unauthorized accumulation is hereby declared to be a nuisance, and is prohibited.

(K .S.A. 65-3410; Code 2001, 6-204)

All leaves, grass clippings, and trimmings from bushes, trees, or shrubs shall be bagged, sacked, or placed in waste containers; provided, however, in the event a storm causes extensive or unusual damage to growing trees or shrubs, the city may by resolution grant a moratorium on the enforcement of this provision and may permit, for a reasonable length of time, all persons to store, collect and dispose of trees, tree limbs, shrubs, and brush in some other manner not inconsistent with the public health, safety and welfare.

(K .S.A. 65-3410; Code 2001, 6-206)

The burning of any waste, rubbish or refuse of any kind shall be prohibited except in the manner following:

(a)   Hours for burning:  The hours for burning shall be from sunrise to sunset, unless extended by the Cherryvale Fire Department. For purposes of this section, the hours stated for completion of burning on any given date shall be that time by which all fire shall be extinguished.

(b)   Prior to initiating any burning, the party initiating each burn shall notify the Cherryvale Fire Department Dispatcher of the location of the burning site, the proposed time of burn, and the nature of the materials to be burned. Initiating a burn prior to notification of the Fire Department shall be deemed a violation of this article.

(c)   Nothing in this ordinance shall be construed to allow the burning of materials otherwise prohibited either by City, County, State or Federal law.  Such prohibitions shall apply but not limited to “hazardous waste” or “garbage” as defined by this Article.

(d)   That upon such times and conditions as may be deemed appropriate by local, county or state officials, a total moratorium on all burning may be declared for such times and under such conditions as may be deemed necessary.

(K .S.A. 65-3410; Code 2001, 6-207)

The city, by and through its governing body, is authorized to enter into contractual commitments with any qualified person for collection of garbage and rubbish in conformity with this article. This article shall specifically enable the mayor to execute any such contract, subject to the approval of the governing body.

(K.S.A. 65-3410(c); Code 2001, 6-209)

The sanitation officer is hereby authorized to exercise such powers as may be necessary to carry out and effectuate the purposes and provisions of this article. Included in said powers is the right to inspect all phases of waste management within the city. The sanitation officer has the right to enter upon the premises for the purpose of making examinations and inspections, provided that such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession. In all instances where inspections by the sanitation officer reveal violations of this article, the sanitation officer shall issue notice to the violating person for each such violation, stating the violation or violations found, the time and date of said violations, and corrective measure to be taken, together with the time in which said correction shall be made. When corrective measures have not been taken within the time specified in the notice, the sanitation officer shall execute a complaint in the municipal court of the city of Cherryvale, charging said person or persons with a violation or violations of this article. In those cases where an extension of time will permit correction, and there is no public health hazard created by the delay, one extension of time, not to exceed the original time period, may be granted by the sanitation officer before he executes the complaint.

(K.S.A. 12-2111; Code 2001, 6-210)

Violation of any provision contained in this article is a class C misdemeanor. Each day such violation exists and continues shall constitute a separate offense.