Kansas Statutes

Chapter 12: Cities And Municipalities

Article 21: Refuse Collection And Disposal

Statutes:

• 12-2101: Refuse defined.
• 12-2102: Collection and disposal under contract or as municipal function; conditions as to certain cities over 120,000; facilities.
• 12-2103: Ordinance describing duties.
• 12-2104: Payment of cost of refuse collection; tax levy, use of proceeds; service charges; issuance of bonds for land or equipment; protest petition and election.
• 12-2105: Collection of service charges.
• 12-2106: No service charge, when; ordinance prohibiting accumulation or transportation.
• 12-2107 to 12-2109:
• 12-2110: City may regulate and license collectors.
• 12-2111: Purpose of act.
• 12-2112 to 12-2114:
• 12-2115:
• 12-2116 to 12-2119:
• 12-2120:
• 12-2121, 12-2122:
• 12-2122a: Contracts for refuse collection.
• 12-2123: Acquisition of refuse or solid waste disposal sites by cities; eminent domain; bonds.

• 12-2101: Refuse defined. Refuse, for the purposes of this act, shall include garbage and trash, and garbage and trash are defined as follows:

        1.   "Garbage": Wastes from the preparation, cooking, and consumption of food; market refuses, waste from the handling, storage, and sale of produce.

        2.   "Trash": (a) Combustible: Paper, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood furniture, bedding. (b) Noncombustible: Metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral refuse. (c) Ashes: Residue from fires used for cooking and for heating buildings. (d) Street rubbish: Street sweepings, dirt, leaves, catch-basin dirt, contents of litter receptacles. (e) Dead animals: Provided, Trash shall not include: Earth and wastes from building operations, solid wastes resulting from industrial processes and manufacturing operations, such as: Food-processing wastes, boilerhouse cinders, lumber, scraps and shavings: Provided, The governing body of a city may by ordinance limit or extend these definitions and may give interpretations to words or phrases.

        History:   L. 1947, ch. 128, § 1; June 30.

• 12-2102: Collection and disposal under contract or as municipal function; conditions as to certain cities over 120,000; facilities. The governing body of any city may provide for the collection and disposal of garbage or trash or both of them and in doing so may provide for the collection and disposal of either one or both by contract or either one or both as a municipal function and any contract may be for not more than ten (10) years and such contract shall not be considered as being in conflict with the cash basis and budget laws: Provided, That any such contract may be for not more than twenty (20) years by any city of the first class having the commission form of government with three commissioners elected for terms of four years and a population in excess of one hundred twenty thousand (120,000), and any change in form of government or number or terms of commissioners or population shall not affect the power of any city qualifying at the time this act takes effect in the exercise of this power hereafter. If the city collects and disposes of garbage or trash or both as a municipal function it shall have power to purchase all necessary equipment, acquire all necessary land, build any necessary buildings, incinerators or other structures, to lease land or otherwise acquire the right to use land for the disposal of garbage or trash or both, and to do all other things necessary to a proper, effective, and sanitary disposal of garbage and trash: Provided, That garbage which may be disposed of through a sewage disposal plant may be disposed of through the sewage disposal plant rather than by burning, burying, or feeding or other disposal.

        History:   L. 1947, ch. 128, § 2; L. 1965, ch. 111, § 1; June 30.

• 12-2103: Ordinance describing duties. When the governing body decides to provide for the collection and disposal of garbage or trash or both by contract or as a municipal function it shall pass an ordinance describing the duties of persons, householders, business establishments, industrial and manufacturing plants and others as regards garbage and trash and may prohibit others than the contractor or city from making collections.

        History:   L. 1947, ch. 128, § 3; June 30.

• 12-2104: Payment of cost of refuse collection; tax levy, use of proceeds; service charges; issuance of bonds for land or equipment; protest petition and election. The governing body may (a) pay the cost out of the general fund or other proper fund or may levy an annual tax upon all taxable tangible property in the city to pay the cost and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774 and amendments thereto; (b) provide service charges to be paid by those receiving service, which charges may be graduated according to the amount of garbage or trash of the party receiving the service and the frequency of collection, with penalties for failure to pay when due; or (c) pay a part of the expense out of the general fund or other proper fund and by such a tax levy and the rest by service charges. When service is provided as a municipal function and funds are insufficient for the purchase of equipment, the acquiring of land and the construction of buildings, incinerators or other structures, bonds may be issued payable by a general tax or by revenue from service charges, but no bonds shall be issued until a resolution is adopted by the governing body providing for the issue thereof and the same is published once each week for two consecutive weeks in the official city newspaper. After the adoption of such resolution such bonds may be issued unless a petition in opposition to the same, filed by not less than 5% of the electors of such city, is filed with the county election officer within 30 days following the publication of the resolution. If such petition is filed, the governing body shall submit the question to the voters at an election called for such purpose or at the next general city election. If authorized by the favorable vote of a majority of those voting on the proposition at the election, such bonds may be issued.

        History:   L. 1947, ch. 128, § 4; L. 1968, ch. 93, § 1; L. 1968, ch. 340, § 1; L. 1970, ch. 69, § 12; L. 1975, ch. 494, § 13; L. 1979, ch. 52, § 53; L. 1981, ch. 173, § 29; July 1.

• 12-2105: Collection of service charges. A contract for collection and disposal may provide that the contractor shall collect the service charges if service charges are provided, or may provide that the city shall collect the service charges and pay the contractor the amount specified in the contract.

        History:   L. 1947, ch. 128, § 5; June 30.

• 12-2106: No service charge, when; ordinance prohibiting accumulation or transportation. Parties having no garbage or trash shall not be required to pay any service charge: Provided, The governing body may pass ordinances prohibiting the accumulation of garbage and trash other than as specified to the end that the city may be kept clean and sanitary, and may prohibit the owners of garbage and trash from transporting it along the streets or disposing of it in a manner causing a nuisance or in unsightly and insanitary ways.

        History:   L. 1947, ch. 128, § 6; June 30.

• 12-2107 to 12-2109:

        History:   L. 1947, ch. 128, §§ 7 to 9; Repealed, L. 1973, ch. 68, § 3; July 1.

• 12-2110: City may regulate and license collectors. The governing body of any city which provides no refuse or solid waste collection and disposal service as herein specified or as authorized by K.S.A. 65-3410 may regulate and license garbage or trash collectors, or both, and limit the number of licenses and pass ordinances as authorized by K.S.A. 12-2106 and 65-3410.

        History:   L. 1947, ch. 128, § 10; L. 1973, ch. 68, § 1; July 1.

• 12-2111: Purpose of act. It is the purpose of this act to enable cities to prevent insanitary and dangerous conditions caused by the accumulation of garbage and trash. Nothing herein shall limit the existing power of cities to prohibit and abate nuisances.

        History:   L. 1947, ch. 128, § 11; June 30.

• 12-2112 to 12-2114:

        History:   L. 1953, ch. 74, §§ 1 to 3; Repealed, L. 1995, ch. 165, § 2; July 1.

• 12-2115:

        History:   L. 1953, ch. 74, § 4; L. 1963, ch. 234, § 24; Repealed, L. 1995, ch. 165, § 2; July 1.

• 12-2116 to 12-2119:

        History:   L. 1953, ch. 74, §§ 5 to 8; Repealed, L. 1995, ch. 165, § 2; July 1.

• 12-2120:

        History:   L. 1953, ch. 74, § 9; L. 1970, ch. 69, § 13; L. 1975, ch. 494, § 14; L. 1979, ch. 52, § 54; Repealed, L. 1995, ch. 165, § 2; July 1.

• 12-2121, 12-2122:

        History:   L. 1953, ch. 74, §§ 10, 11; Repealed, L. 1995, ch. 165, § 2; July 1.

• 12-2122a: Contracts for refuse collection. Any contracts currently in force, entered pursuant to the provisions of K.S.A. 12-2112 to 12-2122, inclusive, and amendments thereto, shall continue in force and effect as if entered into under the interlocal cooperation act, K.S.A. 12-2901 et seq., and amendments thereto.

        History:   L. 1995, ch. 165, § 1; July 1.

• 12-2123: Acquisition of refuse or solid waste disposal sites by cities; eminent domain; bonds. (a) Whenever the governing body of any city finds and determines by resolution that it is necessary to acquire a site or sites for the disposal of refuse or solid waste as defined by K.S.A. 65-3402 and amendments thereto within or without the city, the city may acquire such site or sites by gift, purchase or condemnation and may construct necessary facilities thereon and purchase necessary equipment for the disposal of such refuse or solid waste. In the event the governing body of such city finds that it is necessary to acquire such site or sites by condemnation, the governing body of the city shall proceed under the provisions of K.S.A. 26-501 to 26-516 inclusive, and amendments thereto. Whenever any such city shall so condemn such a site or sites, said city shall acquire a fee simple title thereto. In order to pay for such site or sites and the construction of all such necessary facilities and equipment to be used in the disposal of refuse or solid waste, the governing body of such city is authorized to issue general bonds of the city in the manner provided by law for the issuance of general improvements bonds of the city.

        (b)   Any site or sites acquired pursuant to this section, and any facilities or equipment thereon, shall be subject to all permit and other requirements of the solid waste management laws of this state.

        History:   L. 1953, ch. 71, § 1; L. 1963, ch. 234, § 25; L. 1973, ch. 68, § 2; L. 1997, ch. 140, § 13; July 1.