For the purposes of this article, the following definitions shall apply:

CONTRACTOR — A person with whom the City of Paola, Kansas, has a contract to collect and dispose of refuse.

GARBAGE — The solid or semi-solid animal and vegetable waste resulting from the handling, preparation, cooling and service of foods, including cans, bottles and cartons in which it may be placed for disposal.

PERSON — Any individual, firm, association, syndicate, co-partnership, corporation, trust, other legal entity having proprietary interest in a premise, or other legal entity having responsibility for an act.

REFUSE — All solid waste from residential, commercial or industrial premises. It shall include semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing. It shall not include, except for minor amounts incidental to other wastes, any refuse resulting from building, excavation, demolition, or remodeling work, or any construction work, nor shall it include stumps, tree trunks, tree trimmings, and limbs resulting from operations of professional tree trimmers, or the tree trimmings resulting from the cutting down, or the topping of any tree, regardless of who performs the work, nor shall it include refuse resulting from tornado, cyclone, extreme wind storms, ice storms, flood or other act of God, or the burning of any building.

SANITATION OFFICER — The City Manager or his/her appointed assistant that is responsible for administering this article.

(Prior Code 2016 §725.010; Ord. 2204; Code 2021)

(a)   All refuse and garbage accumulated within the City of Paola, Kansas, shall be collected, conveyed and disposed of by the City or by the employees of said City or by contractors specifically authorized to collect and dispose of refuse and garbage.

(b)   Exception. All refuse and garbage from multi-family, commercial and industrial properties are exempt from City and contract collection, and the owners thereof shall dispose of their own refuse and garbage as hereinafter provided.

(Prior Code 2016 §725.020; Ord. 2204; Code 2021)

The Governing Body of the City of Paola, Kansas, shall have the right to enter into a contract with any responsible person for collection and disposal of refuse and garbage providing that said contractors shall collect and dispose of all refuse within the City of Paola, Kansas, the terms of said contract to be awarded to a responsible person after proper negotiation or after receiving bids, whichever, in the judgment of the Governing Body, shall seem proper, provided that the contract for the collection and disposal of refuse as herein defined shall in no wise conflict with the terms and conditions of this article. Contracts entered into by the City for the collection and disposal of trash, garbage or refuse prior to February 8, 1977, or now in force, are hereby confirmed, ratified and validated.

(Prior Code 2016 §725.030; Ord. 2204; Code 2021)

(a)   It shall be the duty of every person, firm or corporation owning, managing, operating, leasing, or renting any premises or any place where garbage or refuse accumulates, to provide, and at all times to maintain in good order and repair, on any said premises a portable container or containers for refuse storage of sufficient capacity and of sufficient numbers to accommodate and securely hold all of the garbage and refuse that may accumulate between regular scheduled collections. All solid waste containers shall be stored upon private property unless the owners shall have been granted written permission from the City to use public property for such purpose.

(b)   Refuse garbage containers shall be provided by the owner or occupant of the property and shall not be less than ten (10) gallons in nominal capacity; except where only one (1) container is used, in which case this container may be less than ten (10) gallons in capacity. Containers shall be waterproof, rat proof, and fitted with a tight lid. The containers shall have handles, bails or other suitable lifting devices or features. The containers shall be of a type originally manufactured for refuse or garbage, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed sixty (60) pounds. Galvanized iron and similar containers, rubber or fiberglass containers, and plastic containers which do not become brittle in cold weather may be used. Plastic bags of not less than 1.5 mills in thickness manufactured for garbage and refuse disposal shall be acceptable for refuse and trash unrelated to food handling and preparation. Oil or grease drums, paint cans, and similar salvaged containers shall not be acceptable.

(c)   On premises where excessive amounts of refuse accumulate or where individual storage methods such as cans or bags are impractical, the occupant or the contractor may provide and maintain suitable bulk containers from the on-premise storage or refuse. The container shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight-fitting lids or doors to prevent entrance of insects or rodents. The doors and lids shall be constructed and maintained so that they can be easily opened and closed. The containers shall be of water-tight, leakproof and weather proof construction and design.

(d)   Covers, lids, and doors on containers used for the storage of refuse and garbage shall be kept closed at all times except when depositing material in the container or removing the contents therefrom.

(1)   All refuse and garbage shall be placed in suitable containers; except, it shall not be necessary to place books, boxes, magazines, or newspapers in containers provided they are securely tied in bundles or completely contained in disposable boxes not larger than twenty-four (24) by twenty-four (24) by thirty-six (36) inches. Also tree limbs and brush may be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter.

(2)   Baskets, boxes and non-complying refuse or garbage cans or containers shall be considered disposable refuse and may be removed by the contractor if they are the proper size and otherwise acceptable for collection; or shall be left uncontrolled if they are larger than the allowable size or unacceptable for collection.

(3)   Large bulky items such as furniture, large tree limbs and appliances that cannot be reduced to fit approved containers will not be collected except by special arrangements with the Sanitation Officer.

(Prior Code 2016 §725.040; Ord. 2204; Code 2021)

Within the corporate limits of the City, all garbage or refuse, consisting of waste animal and vegetable matter, which may attract flies, dogs or rodents, shall be drained of all excess liquid, wrapped in paper or disposable containers, and placed or stored, until collected, in covered suitable containers as described in Section 15-604.

(Prior Code 2016 §725.050; Ord. 2204; Code 2021)

(a)   No person shall store, collect, maintain or display on private property, refuse or garbage that is offensive or hazardous to the health and safety of the public or which creates offensive odors or a condition of unsightliness. Storage, collection, maintenance or display of wastes or solid wastes in violation of this Section shall be considered to be a public nuisance.

(b)   No person shall permit to accumulate quantities of refuse, papers, trash, ashes, or other waste materials, within or close to any building in the City, unless the same is stored in containers in such a manner as not to create a health or fire hazard.

(Prior Code 2016 §725.060; Ord. 2204; Code 2021)

No person shall bury refuse at any place within the City of Paola, Kansas, or keep, place, or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied, or under possession and control of such person, provided however, that lawn and garden trimmings may be composted.

(Prior Code 2016 §725.070; Ord. 2204; Code 2021)

No person shall burn any garbage, refuse, leather, rubber, plastic, green or wet vegetation or organic material, or burn any other substance producing smoke or odor within the City of Paola, Kansas, unless the operations are carried out as provided in Section 7-203.

(Prior Code 2016 §725.080; Ord. 2204; Ord. 2668; Code 2021)

Whenever garbage or refuse is placed for collection by the City or authorized contractor it shall be the duty of the property owner or occupant to assure that said containers remain intact to avoid scattering or littering of the contents.

(Prior Code 2016 §725.090; Ord. 2204; Code 2021)

No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind, to any dumping place or site or area, within or without the corporate limits of the City, unless such place, or site is operated by the contractor, the City, or is a sanitary landfill site transfer point or disposal facility approved by the Kansas State Department of Health and Environment; in addition said site or facility must comply with all applicable health and zoning ordinances of the City, if within the City.

(Prior Code 2016 §725.100; Ord. 2204; Code 2021)

No person shall deposit in a garbage or refuse container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous materials shall be transported by the owner, responsible person or his/her agent, to a place of safe deposit or disposal as prescribed by the Sanitation Officer or his/her authorized representative. Hazardous material shall include: explosive materials, rags or other waste soaked in volatile and inflammable materials; drugs, poisons; radioactive materials, high combustible materials; soiled dressings, clothing, bedding and/or other wastes contaminated by infection or contagious disease, animal or human feces, and other materials which may present a special hazard to collection or disposal personnel or equipment or the public.

(Prior Code 2016 §725.110; Ord. 2204; Code 2021)

No person shall throw, rake, deposit, dump, drop or spill litter, waste material or foreign material upon the streets, sidewalks, or other public right-of-way within the City. Provided, that nothing in this article shall prevent any person under a permit from the City of Paola, Kansas, from encumbering the streets or alleys with building materials or earth as may be necessary for the purpose of construction, erection, adding to, remodeling, or repairing any building or structure or resulting from demolition operations, provided however, that in the event of such encumbering of the streets, or alleys, the contractor, owner or occupant shall remove any and all materials remaining within ten (10) days from the completion of the work, and shall leave the said street or alley in the same condition that they were in prior to such use thereof.

(Prior Code 2016 §725.120; Ord. 2204; Code 2021)

Solid waste collectors, employed by the City or operating under contract with the City, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article.

(Prior Code 2016 §725.130; Ord. 2204; Code 2021)

(a)   The City of Paola, Kansas, or its authorized contractor, shall collect from the residential areas of the City not less than weekly as directed by the City Sanitation Officer, all garbage and refuse; provided, that it shall be the duty of any person in possession or control of any premises to place the storage containers required in Section 15-604 in a convenient location for collection, as designated by the City and the contractor whereby collectors can obtain same without going into buildings, garages, locked gates or fenced yards with dogs, in no case more than forty (40) feet from the driving area of collection equipment. All containers and grounds immediately around same shall be kept in a safe and sanitary condition at all times.

(1)   The places having rubble and excessive accumulations of garbage and refuse shall not be included for minimum or nominal service, but may be excluded from additional service provided by the City, the option resting with the City, and such accumulations shall then be removed and disposed of at the expense of the owner or person having same in charge; provided, that the owner or person having such accumulations in charge, or collecting agent shall secure from the City Clerk a written permit for the scheduled removal and disposal of same; unless the removals are performed by arrangement with the contractor.

(2)   Heavy accumulations such as brush, broken concrete, ashes, sand, or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same under the direction of the Sanitation Officer. Manure from cow lots, horse stables, poultry yards, pigeon lofts, and other animal or fowl pens, and waste oils from garages or filling stations or materials considered hazardous and/or dangerous, shall be removed and disposed of at the expense of the person controlling same in the manner and by the method directed by the Sanitation Officer.

(Prior Code 2016 §725.140; Ord. 2204; Code 2021)

No person shall collect or haul over the City streets in the City of Paola, Kansas, any garbage or refuse unless such person shall have a contract with or a permit from the City of Paola, Kansas; provided that this Section shall not apply to Departments of City Government of the City of Paola, Kansas. Provided further, that such person shall have hauling equipment meeting Kansas State Department of Health and Environment requirements and that the place and method of disposal used is in accordance with Kansas State Department of Health and Environment requirements.

(Prior Code 2016 §725.150; Ord. 2204; Code 2021)

Nothing in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers and other private contractors, whose operations result in the accumulations of trash and rubbish resulting from their own operations, provided they shall at all times comply with the regulations and provisions of this article and hold a City permit for such hauling.

(Prior Code 2016 §725.160; Ord. 2204; Code 2021)

(a)   The city of Paola, Kansas, in providing the service of collecting and disposing of all refuse accumulated within the City for the purpose of preventing unsanitary, unsightly, hazardous, unhealthful, and dangerous conditions caused by and the accumulation of garbage and refuse, shall establish and collect a service charge or fee to defray the cost and maintenance of service and to pay any person contracting with the City for the collection and disposal of garbage and refuse, the fees and charges provided by the contract for the collection and disposal thereof.

(b)   The following schedule of charges is hereby established as reasonable and in accordance with the method of garbage and refuse disposal:

(1)   Residential Unit Serviced By City Provided Service. Twenty dollars and Fifty cents ($20.50) per month beginning with the August 31, 2023, billing statement.

(2)   Commercial Contract Hauler Of Solid Waste. Permit of one hundred fifty dollars ($150.00) per year per truck.

(3)   Refer to Section 15-109 for rates for qualified low income senior citizens.

(Prior Code 2016 §725.170; Ord. 2204; Ord. 2588; Ord. 2692; Ord. 2807; Ord. 2856; Ord. 2870; Ord. 2894; Ord. 2911; Ord. 2976; Ord. 3035; Ord. 3051; Ord. 3072; Ord. 3119; Ord. 3125; Ord. 3166; Code 2021; Ord. 3210)

To assist in maintaining the general sanitation of the City of Paola, Kansas, it shall be the duty of every person occupying or having control of the occupancy of any premises on a regularly established garbage and refuse route to notify the City Clerk of said City at the beginning of such occupancy or on or before February 8, 1977, and request, accept and use the garbage and refuse pickup and collection service; provided however, the failure of any owner, rental agent or occupant of such premises to make such request shall not prevent nor in any way impair or impede the City from adding the address of such premises to the proper service and otherwise enforcing by appropriate action the regulatory measures herein prescribed and causing the fees or charges therefor to be paid.

(Prior Code 2016 §725.180; Ord. 2204; Code 2021)

(a)   All bills for sanitary (garbage and refuse) service collection charges of customers serviced by the City or its contractor shall be billed monthly on the City utility bill and shall become delinquent and subject to the same penalties as other such utilities billed in like manner. Any charges for sanitary service collection which remain unpaid for a period of sixty (60) days or more after the date upon which they were billed may be collected thereafter by the City as provided herein.

(1)   At lease once a year the Governing Body of the City shall cause to be prepared a report of delinquent fees. The Governing Body of the City shall fix a time, date and place for hearing the report and any objections or protests thereto.

(2)   The Governing Body of the City shall cause notice of the hearing to be mailed to the property owners listed on the report not less than ten (10) days prior to the date of the hearing.

(3)   At the hearing the Governing Body of the City shall hear any objections or protests of property owners liable to be assessed for delinquent charges. The Governing Body of the City may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(4)   The delinquent charges set forth in the report as confirmed shall constitute assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent charges. A certified copy of the confirmed report shall be filed with the County Clerk for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the County Clerk of Miami County, Kansas, of a certified copy of the resolution of confirmation. The assessment shall be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same delinquency as provided for such taxes. All laws applicable to the levy, collection, and equipment of County ad valorem property taxes shall be applicable to such assessment.

(5)   Prior to the collection of any charges levied on real property by the Governing Body of the City, said Governing Body shall notify affected property owners by causing a copy of the schedule of charges to be mailed to each property owner to whom tax statements are mailed in accordance with K.S.A. 79-2001, and any act supplemental thereto or amendatory thereof, as follows:

       The statement shall be mailed to the last known address of the taxpayer, or to a designee authorized by the taxpayer to accept a tax statement, when such designee has an interest in receiving such statement. When any statement is returned to the City Clerk for failure to find the addressee, he/she shall make diligent effort to find a forwarding address of the taxpayer and mail the same to the new address. All statements mailed pursuant to this Section shall be mailed by first class mail. The requirements for mailing a statement shall extend only to the initial statement required to be mailed in each year and to any follow-up thereof as required herein.

(Prior Code 2016 §725.190; Ord. 2257; Code 2021)

(a)   It shall be unlawful for any person, firm or corporation to:

(1)   Deposit refuse or garbage in any container other than that owned or leased by him/her or under his/her control without written consent of such owner and/or with the intent of avoiding payment of the refuse service charge.

(2)   Interfere in any manner with employees of the City or its contractor in the collection of refuse or garbage.

(3)   Burn refuse or garbage unless a variance has been granted and a written permit obtained from the City or the appropriate air pollution control agency.

(4)   Dispose of refuse or garbage in an unapproved site.

(Prior Code 2016 §725.200; Ord. 2204; Code 2021)

The Sanitation Officer is hereby authorized to formulate reasonable rules and regulations including point and hours of collection, subject to the approval of the Governing Body, necessary to carry out the provisions of this article.

(Prior Code 2016 §725.210; Ord. 2204; Code 2021)

Any person who shall violate any provision of this article, shall, upon conviction thereof be punished by a fine of not less than ten dollars ($10.00) or not more than one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days, and each day’s failure to comply with any such provision shall constitute a separate violation.

(Prior Code 2016 §725.220; Ord. 2204; Code 2021)