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ORDINANCE NO. 197

AN ORDINANCE DECLARING THE ACCUMULATION OF GARBAGE, RUBBISH AND TRASH UPON PUBLIC OR PRIVATE PREMISES TO BE UNLAWFUL; REQUIRING GARBAGE, RUBBISH AND TRASH TO BE SECURELY FASTENED AND CONTAINED; PROVIDING AND AUTHORIZING THE ASSESSMENT OF FINES FOR VIOLATIONS; AND REPEALING AND REPLACING ORDINANCE NO. 169. 

WHEREAS, it is in the interest of the health, safety and welfare of residents and all persons coming within the City of Ramona, Kansas, that garbage, rubbish and trash be contained and disposed of; and

THEREFORE, be it ordained by the Governing Body of the City of Ramona, Kansas;

1.  DEFINITIONS: The following words when used in this ordinance, for the purpose of this ordinance, 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 whose primary purpose is commercial and commonly designated as such, and the premises used for such purposes.

b.  Dwelling unit shall mean a building or structure whose primary purpose is used for single family or multi-family units to be used for living, sleeping, cooking and eating. 

c.  Person shall include any person, firm, partnership, association, corporation, LLC, governmental body or agency.

d.  Garbage shall mean putrescible animal and vegetable wastes resulting from the preparing, handling, cooking and consumption of food, food stuffs or food produce.

e.  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.

f.  Trash shall mean and include all other putrescible and nonpetrescible wastes, except body wasters, and include among other things wood, non-pliable crating, barrels, shrubbery and tree trimmings, discarded furniture, bedding, tires, abandoned automobile bodies, junk, rocks, ashes, branches, leaves and other 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 or building materials. 

g.  Refuse shall mean and include garbage, rubbish and trash.

h.  Premises shall mean and include a lot, plot, parcel of land including buildings, structures and appurtenances thereon or connected thereto. 

1.  PROHIBITION OF CERTAIN ACTS AND CONDUCT WITHIN THE CITY LIMITS OF THE CITY OF RAMONA, 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 on any parking lot, street, sidewalk, gutter, alley, thoroughfare, park or other public grounds or city owned property, any trash, or refuse of any kind. Provided, however, that nothing shall prevent persons receiving permission from the City of Ramona, from encumbering streets or alleys with building materials or earth for the purpose of construction, remodeling, reconstruction or repairing of any building or structure, however, 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 prior to its use thereof. 

b.  Every person including the owner and occupant of any premises within the city limits of the City of Ramona, Kansas shall maintain his/her premises in a clean and sanitary manner free from unsightly and putrescible accumulations of trash, or refuse of any kind. 

c.  Every owner or occupant of any premises within the city limits of Ramona, Kansas shall dispose of all garbage and rubbish in a clean and sanitary manner by placing the same in a container with a lid that prevents moisture accumulation, deterioration, and rot; or allows refuse to escape said container through natural weather occurrences. Each container shall not exceed fifty-five (55) gallon capacity unless approved with the City of Ramona, Kansas. Each owner or occupant shall dispose of refuse on a monthly basis either through their own efforts or through use of M&K trash services. The intent of this provision is to prevent unsightly accumulation of refuse that leads to blight, nuisance and is in the interest of the health, safety and welfare of resident and visitors.

d.  It shall be unlawful for any person to collect and transport trash on city streets within the city limits of the City of Ramona, Kansas, in any vehicle unless such trash be securely fastened or contained to prevent scattering along streets, alleyways, thoroughfares and other public and private property. In the event any such trash shall fall upon adjacent property or city streets the transporter of such trash shall immediately pick up and remove the same. 

e.  It shall be unlawful to intentionally upset, turn over, remove or carry away any container owned by another or to mutilate or cause destruction to such containers used for storage of garbage, rubbish, trash or refuse.

1.  ENFORCEMENT: This ordinance shall be enforced by the City of Ramona’s Animal Control Officers. These officers shall have the authority and power to issue citations to any owner, person or occupant whom violates any provision of this Ordinance.

1.  PENALTIES: Any person, owner or occupant cited in violation of this ordinance shall within fourteen (14) days appear before the City Clerk and either pay a fine equal to their respective offense number; or request a setting in front of the Municipal Judge. 

i.  A 1st Offense shall be punishable by a $25.00 fine.

ii.  A 2nd Offense shall be punishable by a $50.00 fine.

iii.  A 3rd Offense shall be punishable by a $100.00 fine.

iv.  A 4th Offense shall be punishable by a $250.00 fine. 

v.  A 5th Offense shall be punishable by a $500.00 fine.

a.  In addition to penalties, the Court may assess Court Costs on any case it deems appropriate.

b.  Each day of failure to comply with any of the provisions herein provided for and each calendar day during which any violation herein provided for shall continue to exist shall constitute a separate violation.

1.  All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance are hereby replaced and repealed including but not limited to Ordinance No. 169. 

1.  This ordinance shall be in full force and effect from and after its passage and one publication in the Marion County Record, the official city newspaper. 

PASSED AND APPROVED by the Governing Body of the City of Ramona, Kansas, this 8th  day of  June, 2015. 

Byron Noeth, Mayor

Attest: Jessica Gilbert, City Clerk

Approved as to Form:

Signed by:
Brian L. Bina, City Attorney 

City Forms

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