Chapter 8 · Health and Welfare

Article 8. Solid Waste/Refuse Collection

Sections 8-801 to 8-817 · 17 sections

8-801 Definitions.

The following words when used in this article, for the purpose of this article, shall be interpreted in light of the following definitions:

(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 habitable unit with facilities to be used for living, sleeping, cooking and eating.

(c)Commercial/Dwelling Unit — shall mean a building or structure which is used for both a dwelling unit and a commercial establishment.

(d)Person — shall include any person, firm, partnership, association, corporation or governmental body or agency.

(e)Garbage — shall mean putrescible animal and vegetable wastes resulting from the preparing, handling, cooking and consumption of food or food produce.

(f)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.

(g)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, junk, rocks, ashes, branches and vegetation. Items described by this definition encompass all offal and materials not suitable for compression and processing by city sanitary equipment. Trash shall not include excavation materials and building materials.

(h)Refuse — shall mean and include all garbage, rubbish, and trash.

(i)Premises — shall mean and include a lot, plot, or parcel of land including buildings and structures thereon.

(j)Sanitary Landfill — shall mean the method of disposing of refuse by compacting and imposing same in a designated site to be covered with sufficient earth to eliminate as far as practicable unsightliness, odors and health nuisances.

(Prior Code 7-201; Code 2025)

8-802 Refuse prohibited on public grounds: exceptions.

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, and 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 permission from the City of Florence from encumbering streets or alleys with building materials or earth for the purpose of any construction, remodeling, or reconstruction or repairing of any building or structure; such persons shall remove such materials 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.

(Prior Code 7-202; Code 2025)

8-803 Premises in clean and sanitary manner.

Every person including the owner and occupant of any premises within the city limits of the City of Florence, 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.

(Prior Code 7-203; Code 2025)

8-804 Garbage, rubbish disposal.

Every owner or occupant of any premises within the city limits of Florence, Kansas, shall dispose of all garbage and rubbish in a clean and sanitary manner by placing same in an approved windtight disposal container, hereinafter defined, and contracting for the disposal of same with the City of Florence, Kansas. Provided, however, nothing herein shall prevent the use of sink garbage disposal grinders.

(Prior Code 7-204; Code 2025)

8-805 Dead animals.

It is hereby declared to be the duty of the owner of any animal that dies within the city limits, to cause proper disposal of same to be made immediately. Burial of such animals by the owner shall be the minimum of twenty-four inches (24”) of earth cover.

(Prior Code 7-205; Code 2025)

8-806 Personal collection of trash unlawful.

It shall be unlawful for any person to collect and transport trash on City streets within the City of Florence, Kansas.

(Prior Code 7-206; Code 2025)

8-807 Garbage, rubbish transporting unlawful.

It shall be unlawful for any person to transport upon City streets within the City of Florence, Kansas, any garbage or rubbish.

(Prior Code 7-207; Code 2025)

8-808 Damaging garbage containers unlawful.

It shall be unlawful to upset, turn over, remove, or carry away any container or mutilate or injure such containers used for the storage of garbage or rubbish. If a poly cart is damaged, neglected, or abused by the customer, the customer will be responsible for the replacement cost of the poly cart at the current market value.

(Prior Code 7-208; Code 2025; Ord. 839)

8-809 Penalty.

Any person violating any of the provisions of this article shall upon conviction thereof, be fined in the sum of not less than Ten Dollars ($10.00) or more than One Hundred Dollars ($100.00) and each day of failure to comply with any of the provisions shall constitute a separate violation.

(Prior Code 7-209; Code 2025)

8-810 Garbage and rubbish, right of city.

The City of Florence, Kansas, shall collect and dispose of garbage, rubbish and trash within the city limits as a municipal function.

(Prior Code 7-210; Code 2025)

8-811 Containers; specification.

It shall be the duty of every person desiring to contract with the City of Florence for the removal of garbage and rubbish from any premises to provide suitable containers for holding such garbage and rubbish. Said containers shall not exceed a ninety-five (95) gallon capacity, unless approval for larger containers is obtained from the City of Florence, Kansas. All containers must be windproof, watertight, and fitted with a cover or lid, and they shall be kept closed.

(Prior Code 7-211; Code 2025; Ord. 839)

8-812 Placing and maintenance of containers.

All containers shall be placed at the edge of the parking of all residences and businesses in the City of Florence or at such other location as arranged for with the City personnel; Provided, however, that all businesses between Second Street and Sixth Streets on Main Street of the City of Florence shall place said containers behind their place of business or at the edge of the alley, provided that the garbage shall be maintained in a clean manner by persons or persons in charge thereof.

All containers shall be placed as stated above, by 6:00 a.m., the day of trash service pick-up. Removal of the container(s) must be placed next to the residence or business by the end of trash service pick-up days. Failure to do so may result in a fine as described in 8-809.

Garbage shall be drained and wrapped before depositing in said container. Both garbage and rubbish may be placed in the same container. The owner or occupant shall use such disposal bags as provided for garbage and rubbish by the City of Florence, Kansas. Such bags, when full, shall be closed for convenient handling.

(Prior Code 7-212; Code 2025; Ord. 839)

8-813 Charges for city services.

The City of Florence, in providing these services of garbage and rubbish collection, in order to prevent unsanitary, unsightly, and dangerous conditions caused by the accumulation of garbage and rubbish, shall collect as a service charge to defray the costs and maintenance of services, which shall be computed on the following rates:

(a)Dwelling Units: The rate for each dwelling unit is $20.71 per month, which includes no more than one (1) cubic yard (1 to 5 bags). There will be an additional charge for excess volume of the pickup as established in subsection (i). Trash will be picked up once a week. A dwelling unit with a light commercial use or occasional commercial use shall be considered a dwelling unit.

Dwelling Units with a Dumpster: The rate for each dwelling unit with a dumpster is $67.41 per month. This amount includes the rental of the dumpster, subsection (e). which includes no more than (2) cubic yards. There will be an additional charge for excess volume of the pickup as established in subsection (h). Trash is picked up once a week. Dumpsters will no longer be offered as of the publication of this ordinance. Remaining dumpsters will be removed and replaced with poly carts by December 31st, 2025.

(b)Commercial Establishments: The rate for each commercial establishment shall be $36.76 per month, which includes no more than (2) two-cubic yards (1 to 10 bags) per week. There will be an additional charge for excess volume of the pickup as established in subsection (i). Trash is picked up once a week. A commercial establishment that is also used as a dwelling unit will be considered a commercial establishment.

Commercial Establishment With A Dumpster. The rate for each commercial establishment shall be $79.67 per month per two-cubic-yard container, which includes the rental cost of the dumpster. Which includes no more than two (2) cubic yards per week. There will be an additional charge for the excess volume of the pickup as established in subsection (h). Trash is picked up once a week. A commercial establishment that is also used as a dwelling unit will be considered a commercial establishment.

(c)Multiple Unit. Each Unit of a Multiple Dwelling Unit, whether mobile homes in a court or on a single lot, or apartments, or other multiple dwelling units, shall be considered a dwelling unit and subsection (a) shall apply to each of them.

(d)Multiple Commercial Establishments: The rate for each unit of a multiple commercial establishment pickup shall be $18.39 per month per establishment, and subsection (b) shall apply to each of them.

(e)Container Rental: Two-cubic-yard container rental shall be at the rate of $67.41 per month for residential dwellings in and outside of the Florence City Limits and $70.79 per month for commercial establishments or a fraction of the month outside the City limits of Florence, KS.

Additional Haul: The rate for picking up additional trash for commercial establishments or dwellings shall be $18.39 for a two-cubic-yard container or for 1 to 10 bags. A trip charge at the rate established in subsection (h) will be applied for all additional pickups outside the Florence City Limits.

(f)Area Dwelling Units: The rate per each dwelling unit at Marion County Lake, City of Cedar Point, City of Burns, and Aulne city limits shall be the same terms as established in subsection (a), (b), (c), (d), and (e) with the following exceptions: Dwelling units will be $16.86 and Commercial establishments shall be $73.55. A trip charge and additional pick-up charge, as established in subsection (h), will be applied. Trash will be picked up once a week.

(g)Dwelling Units with a Dumpster unit at Marion County Lake, Cedar Point, City of Burns, and Aulne City Limits, shall be the same terms as established in subsections (a), (b), (c), (d), and (e) with the following exceptions: The rate for each dwelling units with a dumpster is $70.79. The rate per dwelling outside the city limits of Florence shall be the same terms as established in subsections (a), (b), (c), (d), and (e). A trip charge and additional volume pickup, as established in subsection (h), will be applied. Trash is picked up once a week.

(h)Additional charges. Additional volume charges will be $18.39 for 1 to 10 bags or an equivalent amount of volume. Trip charges will be $5.00 per trip. No additional mileage charge to residents within the City Limits of Florence, KS.

(i)Construction and Demolition Material: A minimum pickup charge is $32.70, any amount over one cubic yard will be a charge of $54.50 per ton. All pickups will be charged a trip charge as established in subsection (h) from the point of pickup to the Marion County Transfer Station. Those pickups outside Florence City Limits will be charged a Trip Charge as established in subsections (h) from Florence City Limits to the point of pickup then to the Marion County Transfer Station.

(j)The governing body shall conduct an annual review of the financial condition of the City’s solid waste utility on or before January 31st of each year in order to evaluate the need for any adjustment to the current charges. Such review shall be held during a council meeting open to the public. If, on or before January 31 each year, the governing body takes action to adjust the current charges, such adjustment shall go into effect for any charges yet to be billed to customers. If the governing body takes no action on or before January 31 of each year, the current charges shall be increased by 3% effective for any charges yet to be billed to customers. After its annual review, the governing body may, by motion made and adopted at a city council meeting, announce its intention that charges shall remain the same for the following year and such a motion shall be considered action which negates the automatic percentage increase set out herein for the following year.

(Prior Code 7-213; Ord. 828; Ord. 832; Ord. 834; Code 2025; Ord. 839)

8-814 Collection and billing.

All fees and charges provided for by this article shall be collected by the City Clerk and or the Utility Clerk of the City of Florence along with any other utilities that are provided by the City of Florence. If such fees and charges are not paid on or before the first day of each month, then in the event the City shall discontinue water service and or trash service after the provisions of Section 15-109 are complied with in addition thereto the Clerk Shall assess a 15% delinquent charge if said sum is not paid by the 15th day of the month.

(Prior Code 7-214; Ord. 828; Ord. 832; Ord. 834; Code 2025)

8-815 Exemption from refuse collection and charges.

Refuse service collection and the charges therefor may be discontinued upon a finding by the City Council that, due to special circumstances applicable to a specified piece of property, the collection of refuse therefrom is unnecessary. In order to establish such fact, any interested person may file with the City Council an affidavit in a form to be approved by the City Attorney, setting forth sufficient information which, if found to be true, clearly demonstrates that the collection of refuse from the property therein described is not necessary. No such finding shall be made by the City Council without at least three (3) days prior notice to the person who has entered into a contract with the City for the collection and removal of refuse from residential establishments. Any such findings and determination shall be binding only for the fiscal year during which or for which such finding and determination is made. The City Council may require the filing of a new affidavit before extending the period of exemption from refuse collection charges. Whenever it is determined that the information upon which the City Council has determined that the collection of refuse from a specified piece or property is unnecessary was or is untrue, the City Council shall rescind its determination that the collection of refuse from such property is not necessary. In such case, all charges for refuse collection that would have been due except for such determination by the City Council shall immediately become due and payable, plus interest thereon at the rate of 7% per annum from the date that such charges should have been paid.

(Prior Code 7-215; Code 2025)

8-816 Distribution of trash and rubbish bags.

In order for the citizens of the City of Florence to comply with the terms and conditions of this article, the City of Florence shall provide trash bags as follows: 100 bags per year distributed twice a year to each dwelling, commercial and commercial/dwelling unit. Additional bags may be purchased from the office of the City Clerk.

(Prior Code 7-216; Code 2025)

8-817 Contracts and agreements with other agencies.

The City Council is hereby given the authority to enter into contracts and other agreements with governmental agencies and/or other individuals for the collection of garbage and rubbish.

(Prior Code 7-217; Code 2025)