The City of Haven is hereby authorized, pursuant to K.S.A. 12-2102 to contract for the collection and disposal of garbage, trash and refuse and arrange for the removal of said materials from the corporate limits of the City. No person, tenant, householder, firm or corporation, shall collect and/or transport refuse, trash or garbage along any street or alley within the City who is not authorized to do so by the City Council of Haven, Kansas.

(Ord. 536 Ord. 633; Code 2019)

For the purpose of this article, refuse shall include garbage and trash. Garbage and trash are defined as follows, and shall be divided into the following classes.

(A)  Garbage shall include wastes from the preparation, cooking and consumption of foods and food stuffs, and market refuse and waste from the handling, preparation, storage and sale of foods and food stuffs.

(B)  Trash:

(1)   Combustible trash, which shall include paper cartons, boxes, barrels, pieces of wood, excelsior, hedge and tree trimmings no larger than one man can handle, leaves, scrap lumber, coffee grounds, feathers, and yard trimmings.

(2)   Non-combustible trash, which shall include the following: metals, tin cans, metal furniture, broken glass, crockery, bottles, jars, small quantities of rock and pieces of concrete and other mineral refuse and bones.

(Ord. 536; Code 2019)

It shall be the duty of the owner and tenant of each lot or parcel of ground the occupant or occupants of the ground floor of any business or mercantile establishment, within the corporate limits of the City to keep such premises free and clear of all classes of refuse, garbage, and trash.

(Ord. 347; Ord. 536; Code 2019)

Residential garbage and trash collection service shall be provided upon the following terms and conditions:

(a)   Curbside or alley collection service:

(1)   Each residential subscriber to the City's collection service shall be provided a 95-gallon trash cart by the City's contractor and the same shall be owned by the contractor. All duplex and multiple family dwellings will be provided one cart for each two units or fraction thereof. Once each week garbage and trash shall be collected from subscribers to the city collection service.

(2)   Each residential subscriber shall be responsible for making the cart or other container as described herein, available for collection on the designated collection day. Unless exceptional circumstances exist, and the city or the city's contractor has notice thereof, the following requirements shall apply.

(A)  For property with street access only, all carts and other containers shall be placed for collection at a point between the traveled portion of the street and the subscriber’s property line, affording easy access for collection.

(B)  For property with alley access, all carts shall be placed for collection at a point within or immediately adjacent to the abutting alley and outside fences and other obstructions.

Carts and other containers should be placed at the collection point specified herein not sooner than 5:00 p.m. on the day prior to the scheduled collection, nor later than 7:00 a.m. on the day of scheduled collection, and shall be removed from said collection point to their normal storage location at a point behind the front building line within twenty-four (24) hours after collection.

(b)   Accumulation of garbage and trash pending collection by the city shall be subject to the following requirements:

(1)   All garbage shall be thoroughly drained and wrapped prior to being placed in a cart

(2)   No hot substances such as charcoal or firewood embers shall be placed in a cart. No dead animals or animal carcasses shall be placed in the cart. No flammables, such as gasoline or any solvent, shall be placed in a cart, nor does residential trash include commercial trash, remodeling or construction debris, lumber, plaster, drywall, floor covering and roofing material or concrete, tires, appliances, unbundled brush or brush over three (3) inches in diameter or more than three (3) feet in length. All garbage or trash accumulated, including yard waste and leaves, in excess of the capacity of the carts, shall be placed in plastic bags or other throwaway containers of no more than 30-gallon capacity and be clearly marked, located by the regular trash pick-up area. No box or bag shall exceed (40) pounds in weight. Additional restrictions or requirements may be instituted and notice thereof shall be given to subscribers by the City or its contractor. All subscribers shall comply with all regulations of the governing body relative to the operation of its collection system now or previously employed.

(c)  

(1)   All residential subscribers using carts provided to them pursuant to this article shall keep them reasonably clean and exercise reasonable care to avoid damage. Should damage occur as a result of negligent or use or damaged by an intentional act, the subscriber shall reimburse the contractor/owner for its loss.

(2)   No container provided shall be removed from the premises to which it is assigned. Any residential subscriber vacating the property to which any cart has been assigned shall notify the City or the contractor/collector at least three (3) days before such vacation occurs.

(d)   Maintain said containers with lids and handles. Handles to be properly placed for convenience of collection and handling.

(e)   The City reserves the right to designate the location of all refuse containers to be placed on each premises, and in general all refuse containers shall be located on private lots immediately adjacent to the alley or street serving such premises. All containers shall be located outside of fences, shrubbery, buildings or other obstructions. Containers shall be located with respect to the convenience of the collectors so that a maximum number of containers may be emptied at each collection stop. All refuse containers shall be maintained in a clean and sanitary manner by user thereof. The City reserves the right to condemn and require the replacement of any container found to be defective or not conforming to the specifications of this article, or to require the cleaning of any container found to be unclean or unsanitary, at owner's expense.

(f)   The City reserves the right to approve any program that allows for the free temporary placement of trash dumpsters upon City streets or alleys for the use of City residents. The City further reserves the right to designate the location of any trash dumpster to be placed upon any City street or alley pursuant to this section. Any trash dumpster placed upon any City street or alley pursuant to this section shall be placed for a period not to exceed seven (7) days.

(Ord. 347; Ord. 536; Ord. 633; Code 2019; Ord. 696; Ord. 724)

It shall be unlawful for any person to deposit. throw, place or leave any refuse upon any property in the City, public or private, including the premises which he may own or occupy and the streets, alleys or public ways adjacent to such premises, except in the container or containers herein required.

(Ord. 536; Ord. 633; Code 2019)

No person firm partnership or corporation shall within the corporate limits of said City permit any trash fires at any time.

(Ord. 536; Code 2019)

The City shall bill each subscribing customer an amount equal to the following rates, which may be adjusted as agreed upon with Contractor:

(a)   Residential rates:

Residential Cart Rates	Monthly Rate 2018-2020
Trash Carts dumped once per week
Resident or small business with 1 trash cart; 1 recycle cart	$16.02
Additional trash or recycle	$5.00
Recycle carts dumped once every other week

(b)   Commercial Rates:

Commercial collection rates shall be based upon the estimation of the amount of refuse, the frequency of collection and estimate of the cost in rendering such collection and disposal services. The City shall establish rate by regulations commensurate with the following schedule and collect the same monthly:

(Commercial Container rates in dollars)

Trash Containers		Frequency – Monthly Rate 2018-2020
Size	1/Month	Size	1/Month	Size
2YD	$36.77	2YD	$36.77	2YD
3YD	41.77	3YD	41.77	3YD
4YD	43.77	4YD	43.77	4YD
6YD	50.77	6YD	50.77	6YD
8YD	58.77	8YD	58.77	8YD

 

Paper and Cardboard Recycle Containers
2YD	35	46
3YD	37	48
4YD	39	50
6YD	46	59
8YD	48	64

 

Single Stream Recycle Containers
Residential Recycle Cart	3	6
2YD	38	49
3YD	42	58
4YD	45	59
6YD	46	71
8YD	48	73

 

Commercial refuse collection shall be weekly on a day mutually agreed upon, from commercial establishments, institutions, and any other business.

(c)   Recycle rates:

(1)   City, through its contractor, shall make collection of residential recyclables every other week and will provide a special recycling cart to each city subscriber who has indicated a desire to recycle. City shall inform its subscribers which materials is appropriate for recycling, which includes but is not limited to all acceptable containers, steel (tin) and aluminum beverage and food cans, glass jars and bottles, type 1-7 plastic containers and mixed paper; newspapers, books, magazines, cardboard and chipboard. All recyclables must be in the cart. There will be no additional rate or billing fee for one recycle cart.

(2)   Recycle carts shall be dumped every other week.

(d)   Any person, firm, partnership or corporation covered by the provisions of this article who can establish that he or it has no trash or garbage shall be exempt from the fees herein provided; however, the burying of garbage, burning or otherwise disposing of garbage or trash by hauling to a landfill site or elsewhere shall not be considered as an exemption.

(Ord. 536; Ord. 633; Ord. 676; Code 2019)

The charges heretofore required to be paid shall be billed monthly. The City shall bill the sanitation service charges along with the monthly water and electric bill and the same shall be due and payable at the time the water and electric bill is paid. The sanitation charges and the charges for the water and electric services shall be and constitute one debt to the City of Haven, and refusal of any customer to pay any part of such debt shall be cause for discontinuing the water, electric and sanitation services.

(Ord. 536; Code 2019)

Any person who shall violate any of the terms and provisions of this article shall be guilty of a misdemeanor, land upon conviction thereof shall be fined in any sum not exceeding One Hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.

(Ord. 347; Code 2019)