ORDINANCE NO. 8781

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING SECTIONS 9-403, 9-404 9-412.1, 9-412.3(E), AND 9-413 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE COLLECTION, REMOVAL, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE AND REPEALING EXISTING SECTIONS 9-403, 9-404, 9-412.1, 9-412.3(E), AND 9-413.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Section 9-403 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:

9-403               CITY ROLL-OUT TRASH CARTS.

(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, 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 2. Section 9-404 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:

9-404               COLLECTION PRACTICES: RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND CONSTRUCTION SOLID WASTE.

                        (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 Trash Carts, compostable kraft paper bags designed especially designed for yard waste, or other refuse cans. Other refuse cans must be constructed of metal, plastic, or other material approved by the Director of Public Works, shall have a capacity not to exceed 35 gallons, shall be watertight, shall have two handles, shall have a tight-fitting cover, and shall be maintained in a state of good repair. Plastic bags are strictly prohibited. Yard waste in compostable kraft paper bags or other refuse cans 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 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 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.

                        (h)        The owner or occupant of a dwelling unit shall, unless otherwise approved by the Director of Public Works, 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.

                        (i)         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 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.

                        (j)         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 3. Section 9-412.1 of the Code of the City of Lawrence, Kansas, 2011 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 $14.94 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.

                        (A)       Upon request made to the Division of Solid Waste, Department of Public Works, 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      $16.94 monthly

                                                35-gallon City Roll-out Trash Cart      $13.44 monthly

                        (B)       Upon request made to the Division of Solid Waste, Department of Public Works, 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      $4.00 monthly/each

                                                65-gallon City Roll-out Trash Cart      $3.00 monthly/each

                                                35-gallon City Roll-out Trash Cart      $2.00 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 $50.00.

                        (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 or his or designee.

SECTION 4. Section 9-412.3(E) of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:

                        (E)       The monthly rental and maintenance charge for city-owned roll-out carts provided for semi-automated collection shall be $4.00 per month for capacities over 65 gallons and $3.00 per month for capacities not exceeding 65 gallons. The fee for collection and removal from city-owned roll-out carts used by multi-family and non-residential accounts shall be $3.35 per collection.

SECTION 5. Section 9-413 of the Code of the City of Lawrence, Kansas, 2011 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 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 $13,177.00; 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 $17,799.00.

SECTION 6. Existing sections 9-403, 9-404, 9-412.1, 9-412.3(E), and 9-413 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, are hereby repealed, it being the intent of the Governing Body that the provisions of this ordinance supersede those sections.

SECTION 7. If any section, clause, sentence, 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 8. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ___ day of August, 2012.

 APPROVED:

___________________________________

Robert J. Schumm

Mayor

ATTEST:

__________________________________

Jonathan M. Douglass

City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.