For purposes of this article, the following words and phrases shall have the following meanings:
(a) Commercial establishments shall include, among others, the operation of storage, mercantile, industrial, business, institutional, hotels, motels and other establishments commonly designated as such and the premises used for such purposes.
(b) Dwelling Unit shall mean a building or structure forming a single or multiple units not exceeding four in number with facilities to be used for living, sleeping, cooking, and eating, but shall not mean a sleeping room.
(c) Person shall include any person, firm, partnership association, corporation, or governmental body or agency.
(d) Garbage shall mean putrescible animal and vegetable wastes resulting from the preparing, handling, cooking, and consumption of food or food products.
(e) Recycle shall mean the separation from other refuse and the preparation for disposal and collection of all materials designated as recyclables pursuant to the provisions of this chapter.
(f) Recyclable shall mean any refuse designated from time to time by the governing body of the city by ordinance as being a recyclable material for purposes of separate disposal and collection under the provisions of this chapter. The following materials are hereby designated as recyclables:
(1) Aluminum, Tin and Steel Cans, which shall include containers used for the packaging of food products and beverages.
(2) Glass Bottles and Jars, which shall include containers used for the packaging of food products and beverages, and which shall include glass bottles and jars which are clear, green or brown in color. Broken glass is not included.
(3) Plastic Bottles and Jars, which shall include containers used for the packaging of food products and beverages with a designation of “PET #1” and “HDPE #2” in all colors.
(4) Newsprint, which shall include newspapers and newspaper inserts. Printed materials such as magazines, catalogues, phone books and any books or other bound materials are not included.
(5) Cardboard, which shall include corrugated boxes, paste-board boxes (i.e., cereal boxes, food boxes), but shall not include wax-coated cardboard or corrugated boxes which are stained by food products such as grease, oils or food debris.
(g) Rubbish shall mean nonputrescible wastes consisting of miscellaneous materials including paper, tin cans, glass, fabrics, utensils, pliable cartons and boxes, excelsior, sweepings of dust and dirt.
(h) Trash shall mean and include all other putrescible and nonputrescible wastes, except body wastes, and include, among other things, wood, nonpliable cratings, barrels, shrubbery and tree trimmings, discarded furniture, bedding, tires, abandoned automobile bodies, junk, rocks, ashes, branches and vegetation. Items described by this definition encompass all offal and materials not suitable for compression and processing by the city sanitary equipment.
(i) Refuse shall mean and include all garbage, rubbish and trash
(j) Premises shall mean and include a lot, plot, or parcel of land including buildings and structures thereon.
(k) Bulky Waste means non-putrescible solid waste items too large to be placed in refuse containers including, but not limited to: appliances, furniture, large automobile parts, and so forth, and which are not collected as part of the city’s, or its contracting agency’s, routing collection of garbage, rubbish, and trash.
(Ord. 705; Ord 868; Ord. 869; Code 2016; Ord. 2022-07)
The city shall provide for the collection of all garbage and rubbish in the city, and the owner or occupant of each residence and/or commercial establishment shall be responsible for the disposal of all trash as defined in Section 7-401. Provided, however, that the city may provide the collection service by contracting with a person, firm, corporation, county, another city, or a combination thereof, for the entire city or portions thereof, as decided to be in the best interest of the city. Provided further, that this is not to say that a person may not dispose of his own garbage or rubbish so long as the disposal thereof complies with this article.
(Ord. 705; Ord. 868; Code 2016)
(a) The city shall have the right to collect and dispose of refuse and recyclables within the city limits as a municipal function. All refuse and recyclables, whether collected by the city, independent contractor or the individual owner or occupant of a dwelling unit or commercial establishment, shall be disposed of at a site approved by the County of Marion.
(b) It shall be the responsibility of every person in possession, charge or control of any dwelling unit from which refuse accumulates to reclaim and recycle from their refuse such materials as are designated from time to time by ordinance as recyclables, and to sort and prepare recyclables for collection by the sanitation division in the manner prescribed in such ordinance.
(c) It shall be the responsibility of the owner, operator and manager of each multiple dwelling unit facility to have in place and effect at all times a written recycling plan, subject to the following requirements:
(1) The plan shall include the means by which recycling responsibilities and regulations are communicated to each tenant of the facility, and shall include appropriate instructions to tenants as to the locations and pick-up schedule as to the collection containers maintained at the facility for common use.
(2) The plan shall be updated as often as necessary in order to accurately reflect any changes in recycling regulations or in the collection and disposal practices in place at the facility.
(3) A copy of the recycling plan shall be provided to the facility tenants in the following manner: (i) a copy of the original plan and of any subsequent revisions thereto shall be provided to each tenant within ten (10) days of its approval by the city manager; and (ii) a copy of the current plan shall be provided to each new tenant at the time occupancy is established.
(4) All existing facilities shall submit and obtain approval by the city manager of such a plan on or by December 31, 1999.
(5) All new facilities shall submit and obtain approval by the city manager of such a plan prior to the opening of the facility to tenants.
(6) All facilities shall submit and obtain approval by the city manager of a revised plan within thirty (30) days of the effective date of any changes in the regulations applicable to recycling, and at such other times as shall be necessary to keep the information therein complete and accurate.
(d) Recyclables shall be prepared by the customer for collection in the following manner:
(1) Aluminum, Tin and Steel Cans. All contents from cans shall be removed and the cans rinsed. Metal lids may remain with the containers, provided they are placed inside the container with all open ends flattened to keep the lids inside. Labels may remain on the containers. One end of the container, or the entire container, should be flattened.
(2) Glass Bottles and Jars. Lids and all contents from the containers shall be removed, and the containers shall be rinsed. Labels may remain on the containers. Broken glass shall not be included.
(3) Plastic Containers. Lids and all contents from the containers shall be removed, and the containers shall be rinsed. Labels may remain on the containers.
(4) Newsprint. All newsprint shall be kept clean and dry.
(5) Cardboard. All cardboard shall be kept clean and dry. Cardboard should be placed beside other recyclables and may be either flattened or bundled for collection.
(6) All recyclables must be in blue or clear, see-thru bags. Newsprint and cardboard may be combined in one recycling bag, and all metal, plastic and glass containers may be combined in a separate recycling bag.
(Ord. 705; Ord. 868; Ord. 869; Code 2016)
All refuse in residential areas shall be collected not less than once a week, and all commercial collections shall be at intervals as may be fixed by contract and so as to meet health requirements of the State of Kansas, County of Marion, and the City of Peabody. The city, with the assistance of its franchise contractor, may also provide up to two (2) citywide cleanups per year, one in the Spring and one in the Fall.
(Ord. 705; Ord. 868; Code 2016)
A request for water service shall automatically constitute a request for garbage and rubbish service.
(Ord. 705; Ord. 868; Code 2016)
(a) Residential container: The city’s franchise contractor will provide residents with a 65 or 95-gallon cart which will be included in the residential service as part of the monthly rate.
(b) Commercial containers: Containers for commercial waste shall be of such size and construction as shall be determined by contract with the city or the franchise contractor.
(Ord. 705; Ord. 868; Code 2016)
All containers and plastic bags shall be placed at the front curb of the street fronting the property as to which service is provided. Placement at any other location shall be subject to the consent of the governing body and/or franchise contractor based upon unusual circumstances. Containers shall be maintained in a clean manner by the person or persons in charge thereof.
(Ord. 705; Ord. 868; Code 2016)
The City of Peabody, in providing services to prevent unsanitary, unsightly and dangerous conditions caused by the accumulation of garbage and rubbish shall collect as a service charge to defray the cost and maintenance of service, which shall be computed on the following basis:
(a) Residential service with a 95-gallon cart and Recycle cart-- $18.66 per month.
(b) Commercial businesses will be billed directly by the franchise contractor; provided that commercial businesses with small amounts of waste which currently are billed by the city may continue if they follow residential rules.
(c) In the event landfill fees or recyclable tipping fees increase, there will be a corresponding additional $.10 increase per resident for each $1.00 increase at the disposal site.
(d) If a living unit is not occupied for a full month, the owner may certify to the City Clerk that said unit has not been occupied during any full month, and the charges for the vacant unit may be deducted from the total amount charged.
(Ord. 705; Ord. 731; Ord. 742; Ord. 746; Ord. 750; Ord. 755; Ord. 777; Ord. 784; Ord. 790; Ord. 801; Ord. 808A; Ord. 812; Ord. 824; Ord. 832; Ord. 868; Ord. 904; Ord. 10-2006; Ord. 8-2007; Ord. 10-2008; Code 2016; Ord. 10-2016; Ord. 04-2020; Ord. 2022-07; Ord. 10-2023)
Provided further, that if a living unit is not occupied for a full month, the owner may certify to the City Clerk that said unit has not been occupied during any full month, and the charges for the vacant unit may be deducted from the total amount charged.
(Ord. 8-2007; Code 2016)
All fees and charges provided for by this article except for those fees and charges to commercial establishments and extra charges for dwelling units as provided for in section 7-408 shall be collected by the City Clerk, and such charges shall be added to and paid in the same manner as the water charges. Persons and establishments not connected with municipal utilities shall be billed separately at the end of every month. All charges shall be paid on or before the 10th day of each month.
In the event the bill is not paid until after the 10th of the month, a ten percent (10%) penalty shall be added to the bill. If said amount is not paid after the 10th of the following month, a delinquency and termination notice shall be issued by the City Clerk to the person or persons responsible for the payment of said bill. Said notice shall contain the following information: (1) amount of unpaid balance plus penalty; (2) the customer’s right to a hearing before an employee of the utility office; (3) that the city shall discontinue the collection of rubbish and garbage and may disconnect water service.
If the customer of record is not the occupant where service is being provided, then the City Clerk shall provide similar notification to the occupant. The request for a hearing must be no later than five (5) working days after the notice is mailed to the person responsible for the payment of said bill.
(Ord. 705; Ord. 868; Code 2016)
(a) Requested Bulky-Item Pickup. The City, or its contracting agency, shall provide special on-demand collection services for Bulky Waste to each residential customer.
(1) The items must be placed on the curb or typical collection point as set forth in Section 7-407.
(2) Contact must be made with the City, or its contracting agency, to initiate Bulky-Item Pickup within 48 hours of the placement of the items on the curb or typical collection point.
(3) The charge for said services shall be set in Section 7-408.
(b) Mandatory Bulky-Item Pickup. Any and all Refuse or Recyclables left on a curb, right-of-way, or typical collection point as set forth in Section7-407 will be tagged with a notice to remove or contact the City, or its contracting agency, for Bulky-Item Pickup within 48 hours. Such notice shall also be posted on the door of the address of the adjacent property and the collection container and shall include:
(1) The address of the adjacent property where the Refuse or Recyclables is located;
(2) The date and time that the notice was placed on the Refuse or Recyclables;
(3) A phone number to contact the City, or its contracting agency, for Bulky-Item Pickup;
(4) The Refuse or Recyclables must be removed or contact must be made with the City, or its contracting agency, within 48 hours, not including weekends and City-observed holidays; and if not, that the City will remove the items and costs and penalties assessed to the account holder or property owner.
(c) Penalties. Failure to remove the Refuse or Recyclables, or failure to follow the provisions of any of this section, will result in the City removing the items and charging the account holder or property owner double the fee for the Bulky-Item Pickup as set forth in Section 7-408.
(Ord. 2022-07)
Prohibition of certain acts and conduct within the city limits of the City of Peabody, Kansas:
(a) It shall be unlawful for any person to throw, place, deposit or allow to accumulate, leave or cause to be thrown, placed, deposited or left upon any parking, sidewalk, gutter, street, alley, thoroughfare, park or other public grounds or city owned property, any refuse as previously defined, including abandoned automobile bodies, tires, junk, filth, dirt or litter of any kind. Provided, however, that nothing shall prevent persons receiving written permission from the City of Peabody from encumbering streets or alleys with building materials or earth for the purpose of construction, remodeling or reconstructing or repairing of any building within ten (10) days of completion of said work and shall leave streets and alleys in the same condition as prior to its use thereof.
(b) Every person including the owners and/or occupants of any premises within the city limits of the City of Peabody, Kansas, shall maintain his premises in a clean and sanitary manner free from unsightly and putrescible accumulations of trash, filth, dirt or litter of any kind.
(c) Every owner or occupant of any premises within the city limits of Peabody, Kansas, shall dispose of all garbage and rubbish in a clean and sanitary manner by placing same in an approved wind tight disposal container as hereinbefore defined, and contracting for the disposal of same with the City of Peabody or any other contractor operating under a franchise granted by the City of Peabody. Provided, however, nothing herein shall prevent the use of sink garbage disposal grinders or the disposal of garbage and rubbish by the owner or occupant as provided for herein.
(d) The burning of trash, garbage or rubbish shall be unlawful within the city limits of the City of Peabody, Kansas, unless a permit to bum is first obtained as provided for in section 5-108. Provided further that before burnt trash, or rubbish is collected by the city or a franchise contractor, the same shall be placed in proper containers as defined in Section 7-406.
(e) It shall be unlawful to upset, turn over, remove or carry away any container or mutilate or injure such containers used for storage of garbage or rubbish.
(f) It shall be the duty of all persons within twelve (12) hours to remove or cause to be removed beyond the limits of the city the carcasses of all dead animals whether owned by them or within their enclosures, or in their possession or under their control. It shall be unlawful for any person to suffer or allow any dead animal to remain on any premises under their control after such time, or to drag or to deposit the same upon any other premises in the city, or in or upon any street, alley or other public place within the city except as it may be necessary in the removal of the carcass from the city.
(g) It shall be unlawful for any person to collect and transport trash on city streets within the city limits of the City of Peabody, Kansas, in any vehicle unless such trash be securely fastened or contained to prevent scattering along streets or alleys. In the event any such trash shall fall upon adjacent property or city streets or alleys, the transporter of such trash shall immediately pickup and remove the same.
(h) It shall be unlawful for any person to transport for hire upon the city streets within the City of Peabody any refuse unless said person first obtains approval from the City Council.
(i) Refuse or garbage placed in any container not provided for herein shall not be collected.
(Ord. 705; Ord. 868; Code 2016; Ord. 2022-07)
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be fined in a sum of not exceeding One Hundred Dollars ($100.00).
(Ord. 705; Ord. 868; Code 2016; Ord. 2022-07)
The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.
(Ord. 705; Ord. 868; Code 2016; Ord. 2022-07)