It shall be unlawful for any person to collect or haul over city streets in the city any refuse or wastes unless such person shall have a contract with the city. This section shall not apply to departments of the city government and nothing in this section shall be constructed to prevent a person from hauling or disposing of his or her own refuse accumulated at his or her residence, in such a manner as not to endanger the public health or safety, not to create a nuisance to the inhabitants of said city and not to litter the streets and alleys of the city and after having obtained a permit from the governing body to so haul and dispose of his or her own trash.
(Code 1988, 7-601; Code 2017)
All solid waste shall be disposed of at a site approved by the city and holding a valid permit from the State Division of Health and Environment. Such disposal site shall be operated in a manner consistent with regulations adopted by the governing body and standards fixed by the state and federal government.
(Code 1988, 7-602; Code 2017)
(a) No Person, whether acting individually or privately for himself or herself or his or her business, and no person, firm or corporation shall engage in the business of collecting, transporting, processing or disposing of refuse or wastes within the corporate limits of the city, without first obtaining a permit from the city clerk. The license shall expire on the 1st day of July of each year.
(1) The number of vehicles to be operated;
(2) The make, model and identification number of each vehicle;
(3) The precise location of processing or disposal facilities;
(4) Boundaries of the collection area, and;
(5) Such other information as governing body may require.
(b) Solid waste companies involved in a contract agreement with the City shall be excluded from the requirements of 14-603 (a).
(Code 1988, 7-603; Ord. 1255; Code 2017; Ord. 1468)
(a) The license shall be issued by the city clerk upon the applicant’s complying with the following requirements:
(1) The current occupation license for the collection of trash and garbage shall be exhibited to the city clerk at the time the application is made.
(2) Deposit with the city clerk a certificate of liability insurance with the minimum limits of $500,000 for property damage and $500,000 for personal injury, and workers’ compensation insurance for all employees which shall perform services for the applicant within the corporate limits of the City of La Cygne.
(b) Prior to the issuance of any permit in accordance herewith the application shall have his or her truck inspected by any qualified mechanic in any garage designated by the governing body for the purpose of determining the operational safety of the applicant’s truck. The safety check shall include but shall not be limited to wheel brakes, emergency brake, directional lights, headlights and windshield wipers.
(Code 1988, 7-604; Code 2017)
All permits issued as provided in this article are nontransferable. However, one vehicle may be substituted for another by filing the description and identification number with the city clerk; and additional vehicles may be added by filing a proper application, insurance and permit fee.
(Code 1988, 7-605; Code 2017)
All vehicles operating under a permit issued under this article shall display the permit number on each side of the vehicle in a color which contrasts with the color of the vehicle. Such number shall be clearly legible and shall be not less than three inches in height.
A permit issued under this article may be revoked for the violation of any terms of this article or regulations of the governing body; provided, however, that no permit shall be revoked until the holder of such permit has been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this article or regulations issued by the governing body.
(Code 1988, 7-606; Code 2017)
All refuse and wastes shall be collected and transported in a watertight vehicle or container and shall be fully enclosed or securely covered. All vehicles and containers used for collecting and transporting said refuse shall be maintained in a safe, clean, sanitary condition and shall be operated in such a manner as to prevent spillage or leaking therefrom.
(Code 1988, 7-607; Code 2017)
Ownership of refuse and waste materials, when placed in the containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city, and shall thereafter be subject to the exclusive control of the city, its employees or contractors.
(Code 1988, 7-608; Code 2017)
Nothing elsewhere contained in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers, and other private contractors, whose operations result in the accumulation of refuse, from hauling and disposing of 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.
(Code 1988, 7-609; Code 2017)
In situations which are not contemplated or considered by the terms and conditions of this article, the governing body shall have the power and the authority to grant special rights and privileges on a temporary basis for the collection, hauling and disposal of trash and garbage where such special privileges are required in order to maintain the health and sanitation of the city and its inhabitants or such right and privilege is required to avoid the creation of a public nuisance.
(Code 1988, 7-610; Code 2017)
It shall be unlawful for any person to allow, permit or cause nuisances and health hazards, including the shining of lights upon surrounding property, noxious odors and noises, music or other vocal disturbances that annoy the owners of surrounding property, rank grass and weeds or other vegetation, refuse, salvage, junk and inoperable automobiles, building materials, construction equipment and machinery to grow, collect, park or be maintained open and upon any lot, tract or parcel of land within the city, other than upon such property located in districts where such storage, parking or collection is allowed by ordinance, provided, that this section shall not apply to building material, construction equipment and machinery upon the property during construction operation on the property.
(Code 1988, 7-611; Code 2017)
It shall be unlawful for any person to:
(a) Deposit refuse and/or waste in any container other than that owned or leased by him or her or under his or her control without written consent of such owner and/or with the intent of avoiding payment of charges for collecting, transporting, and disposing of said refuse and/or wastes.
(b) Interfere in any manner with employees of the city or its contractor in the collection of refuse and/or wastes.
(c) Dispose of refuse and/or wastes in an unapproved site.
(d) Allow refuse, household residential wastes, industrial wastes or commercial wastes to accumulate creating a nuisance, as defined herein.
(e) Store refuse and/or wastes in an unapproved container.
(f) It shall be unlawful for any person to enter upon any city approved disposal site for the purpose of scavenging or removing any refuse and/or waste or portion of refuse and/or waste deposited at any of said sites; provided, this shall not apply to any salvaging operation approved by the governing body.
(g) Handle refuse and/or waste in any manner to create a nuisance.
(h) 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 or his or her agent, to a place of safe deposit or disposal. Hazardous material shall include:
(1) Explosive materials;
(2) Rags or other waste soaked in volatile and flammable materials;
(3) Drugs;
(4) Poisons;
(5) Radioactive materials, high combustible materials;
(6) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;
(7) Any other materials which may present a special hazard to collection or disposal personnel or equipment or to the public.
(i) Stand or park a vehicle or vehicles used in the collection of trash and garbage at any place in the city between the hours of 7 p.m. and 7 a.m. of any day. Each day a vehicle is so parked in violation of this article shall constitute a separate offense. No person, firm or corporation shall engage in the business, operation of, or in any manner perform the act of collecting trash or garbage within the city between the hours of 7 p.m. and 7 a.m. Each violation shall constitute a separate offense.
(Code 1988, 7-612; Code 2017)
(a) No solid waste service will be provided to any individual without utility service(s) at the same address.
(b) The City reserves the right to terminate service at its own discretion with a five (5) day written notice for good cause.
(c) Additional rules and regulations not inconsistent with the terms and provisions of this article may be promulgated and enforced by the governing body.
(d) Effective January 1, 2024, at the time of making application for solid waste services, the property owner or customer shall make a deposit of $75.00 to secure payment of accrued bills or bills due on discontinuance of service.
(1) The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated “solid waste deposit fund”. Interest shall be payable at the rate determined state corporation commission yearly and credited to the customer’s account January 1st of each calendar year.
(2) Upon the discontinuance of solid waste service at the request of the depositor, the deposit shall be refunded, therefore together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto.
(e) Solid waste services will be discontinued after 60-days of non-payment.
(f) Customers of solid waste services discontinued after 60-days of non-payment are ineligible to apply for Solid waste services for a period not to exceed (12) months
(Code 1988, 7-613; Code 2017; Ord. 1468; Ord. 1519)
Any person, firm or corporation who shall violate any of the provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine as set in the city’s fee resolution, or by confinement in the county jail for not less than one day nor more than 30 days, or by both fine and confinement. Each day that any such violation shall be made shall constitute a separate offense and be punishable as such.
(Code 1988, 7-614; Code 2017)
A following Schedule of Charges, as set in the city’s fee resolution, is hereby established as reasonable and in accordance with the method of garbage and refuse disposal for residential family units serviced by City provided service.
(Code 1988, 7-615; Ord. 1255; Ord. 1296; Ord. 1322; Ord. 1353; Ord. 1366; Ord. 1368; Ord. 1384; Ord. 1424; Ord. 1446; Code 2017)
14-616. Returned checks, electronic checks, credit/debit cards, and ACH payments.
(a) All returned payments shall be paid in cash within 7-days of notice of the return of payment.
(b) Unpaid accounts after the 7-day period shall be disconnected. Disconnected utility accounts must be paid in full including all fees to be reinstated.
(c) A utility account shall be placed on a cash-only-basis after the second occurrence of returned payment within a 12-month period.
(d) Unpaid utility accounts due to a return of payment which are not paid within 30-days shall be terminated.
(e) Any person, firm or corporation violating any provision of this section shall be fined as outlined in K.S.A. 21-5821 and as set in the city’s fee resolution
(Ord. 1519)
14-617. Online electronic payment and credit/debit card payment.
(a) On-line electronic payment must be paid at least 5-days in advance of the 15th of the month to avoid penalties and at least 5-days in advance of the 30th of the month to avoid utility account shut-offs.
(b) Credit/Debit Card Payments for utility bills paid within 5-days of the 15th of the month shall be paid by 8:30 a.m. (CST) by phone or in the City Hall to avoid penalty charges.
(c) Credit/Debit Card Payments for utility bills paid within 5-days of the 30th of the month shall be paid by 8:30 a.m. (CST) by phone or in the City Hall to avoid utility account shut-off.
(Ord. 1519)