CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 3. SOLID WASTE

Solid wastes as referred to in this article are defined by K.S.A. 65-3402.

(Ord. 83, Sec. 1)

All solid wastes shall be disposed of in the Butler County landfill or other private disposal areas, as approved by the appropriately designated agent of the governing body.

(Ord. 83B, Sec. 1)

All solid wastes shall be removed from each premise at least once weekly.

(a)   Burning of solid wastes by industrial and commercial business is prohibited, unless an exemption has been granted pursuant to subsection (d).

(b)   Burning of garbage is prohibited.

(c)   Any burning of garbage or solid wastes by any person is prohibited unless an exemption has been granted pursuant to subsection (d)

(d)   The fire chief of Butler County Fire District #3 and/or the police chief of Rose Hill, may grant a temporary exemption to the open burning prohibition of subsections (a) and (c) above. The fire chief of Butler County Fire District #3 and/or the police chief of Rose Hill, may approve an exemption for open burning to be conducted by the municipal corporation of the city only. However, if approved, the motion or resolution of approval of the exemption must specify:

(1)   The dates and times that approved burning may occur;

(2)   The specific locations within the city that approved burning may take place;

(3)   The Fire District #3 employee designated to supervise such burning activity;

(4)   The materials that may be legally burned under the exemption; and

(5)   Any other terms and conditions that are deemed necessary by the fire chief of Butler County Fire District #3 and/or the police chief of Rose Hill.

The approval of the fire chief of Butler County Fire District #3 and/or the police chief of Rose Hill, to any proposed exemption must be obtained in writing to be authorized under this code.

(Ord. 367, Sec. 1; Code 2003)

Solid waste shall be removed by a city licensed solid waste collector or the occupant of the premise. Occupant of premise must have landfill receipt as evidence.

(Ord. 83, Sec. 4)

(a)   Each contract trash hauler operating within the corporate limits of the city shall pay $250.00, plus an additional $50 per truck or other motor vehicle used for collection or transportation of trash, as a license for the privilege of operating such truck or motor vehicle within the corporate limits. Said payment shall be tendered to the city by no later than the last business day in December of each year.

(b)   The application for such trash hauling license shall require:

(1)   The name of the operator of the trash hauling business owning or operating such truck or vehicle;

(2)   A description of the motor vehicle for which the license is sought, including vehicle make, model, year, vehicle identification number, and vehicle tag number; and

(3)   An annual fee of $250, plus an additional $50 per truck to accompany the application for each vehicle.

(c)   Upon receipt of a fully completed application required under subsection (b) and the payment of the $250, plus an additional $50 per truck license fee for the vehicle named in the application, the city clerk shall issue a license for the vehicle. The license shall be carried within the licensed trash hauling vehicle at all times while the vehicle is present within the city, and any person operating the vehicle shall display the same upon demand of any law enforcement officer.

(b)   And the payment of the $100 license fee for the vehicle named in the application, the city clerk shall issue a license for the vehicle. The license shall be carried within the licensed trash hauling vehicle at all times while the vehicle is present within the city, and any person operating the vehicle shall display the same upon demand of any law enforcement officer.

(d)   No person shall use any motor vehicle for the purpose of the commercial hauling of trash within the city limits unless such vehicle being used has valid and proper trash hauling license issued thereon and the operator is able to display the license. It shall be unlawful for any person to violate the provisions of this section, and upon conviction, shall be subject to the penalties for a Class C violation. However, no person charged with violation of this section shall be convicted if such person produces in court to the municipal judge a trash hauling license issued for that vehicle and valid at the time that the arrest was made or the citation was issued, as applicable.

(e)   As the governing body has found that trucks and other motor vehicles bearing wide-based single tires (also known as “super-tires”) used to haul trash or otherwise, tend to cause significantly increased road deterioration, no truck or motor vehicle, whether or not used for the hauling of trash, shall be operated upon the streets or highways of the city if the vehicle bears tires identified as wide-based single tires. No vehicle bearing wide-based single tires shall be considered properly licensed under this section, and it shall be unlawful to operate any such vehicle upon the streets and highways of this city.

(f)    For the purposes of this section “wide based single tires” means all tires having a tread width, as specified by the manufacturer, of 14 inches or more.

(Ord. 312, Sec. 1; Ord. 589; Code 2017)

(a)   The occupant is to keep all solid wastes in suitable container or containers so as to prevent any danger to public health from such things as dogs, rodents, insects, odors, etc. The containers shall be neat in appearance, and there shall be no littering. Trash containers shall not be placed curbside more than 24 hours in advance of pickup and must be removed from the curbside and placed within six (6) feet of home no later than 24 hours after pickup.

(b)   Notice of violation. Any person found to be in violation of this section shall be served by the city, a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(c)   Penalty. Any person who shall fail to properly store their trash container as per subsection (a) shall be guilty of a code violation and upon conviction thereof shall be fined in the amount not exceeding $30.00 plus court cost; and for the second and any subsequent violations, shall be fined $50.00 plus court cost.

(Ord. 83, Sec. 6: Ord. 589; Ord. 591; Code 2017)

No owner or occupant shall in any manner interfere with the solid waste collector in the lawful collection of solid wastes. All dogs shall be kept away from the collector.

(Ord. 83, Sec. 7)

The collector is granted the use of the streets for the work specified and shall handle the work in a manner which shall cause the least inconvenience to the public and property owners. Any littering in the street and on private property is prohibited.

(Ord. 83, Sec. 8)