§ 7.08.140. Solid waste collection vehicle standards, maintenance, licensing and fees.

(a)

All solid waste collection vehicles of each solid waste collector collecting solid waste in the city shall be licensed, maintained and operated in accordance with the definitions and other sections of this chapter. Each solid waste collection vehicle prior to licensure and operation each year shall be inspected and approved by the health officer as to compliance with this chapter. Provided also that the director of the water and sewer department or authorized designee may review any or all applications for sewer tank truck licenses. Additionally, each operator of a sewer tank truck must have on file with the health officer a contingency plan for accidents that result in a spill of liquid wastes from the vehicle. Each solid waste collection vehicle shall be maintained in a safe and operable manner, be capable of providing collection services for which it is licensed, be kept in a clean condition, and have the name of the operator on each side of the truck in letters at least four inches in height.

(b)

Each solid waste collector shall, for each solid waste collection vehicle operated by such collector, pay an annual license fee by November 1st of each year, starting in 2012, in accordance with the following schedule:

(1)

Covered truck-to be used only for industrial solid waste, demolition and construction waste, bulky waste and tree waste, one hundred dollars; provided that, if the covered truck is used to transport the designated solid waste produced only from premises owned and/or occupied by the solid waste collector, the annual license fee shall be reduced to twenty-five dollars;

(2)

Enclosed truck-to be used only for commercial trash, industrial solid waste and bulky waste, one hundred and fifty dollars;

(3)

Flatbed truck-to be used only for tree waste, fifty dollars;

(4)

Open bed truck-to be used only for bulky waste, residential bulky waste and tree waste, fifty dollars;

(5)

Packer truck-to be used only for residential trash, commercial garbage, commercial trash, industrial solid waste and bulky waste, four hundred and fifty dollars;

(6)

Special truck-to be used only for hazardous waste and special waste, both as approved by the health officer, fifty dollars;

(7)

Trailer-to be used only for salvage material, yard waste, or tree waste, twenty-five dollars;

(8)

Sewage tank truck-to be used only for sewage not otherwise classified as hazardous waste, one hundred dollars;

(c)

Licenses shall be renewed by November 1st of each year, starting in 2012, with a ten percent penalty assessed after November 31st for each month or portion thereof for delinquent renewals. Initial license fees shall be prorated, in full month increments, for applications received after November 1st. This provision shall not apply to delinquent renewals. There shall be no refund of fees once paid.

(d)

Each solid waste collector shall submit an application, on forms provided by the health officer, for a solid waste collection vehicle license for each solid waste collection vehicle prior to November 1st of each year and also prior to the operation of any additional solid waste collection vehicle in between licensure dates.

Each solid waste collector as a condition of receiving a license for a packer truck thereby agrees to provide weekly residential trash collection for any single-family dwelling or multifamily dwelling located in the city as requested by the occupant and/or owner of such dwelling upon payment of the agreed charges, provided that such solid waste collector already provides residential trash collection service to one or more such dwellings located within the block of such dwelling for which service is requested. Refusal of such requested service in accordance with the heretofore stated conditions shall be cause for the revocation of a packer truck license. The health officer shall approve or disapprove the licensure category indicated on the application. The city treasurer, upon approval by the health officer and police department as to compliance with this chapter and payment of the appropriate fee, shall issue a solid waste collection vehicle license and two registration tags or decals bearing the number and vehicle category for each solid waste collection vehicle so approved for licensure and/or operation by the health officer. The city treasurer may delegate issuance of the license and registration tags or decals to the department of environmental health. One such tag or decal shall be securely attached to each side of the licensed solid waste vehicle by the solid waste collector in such a position that it shall be at all times clearly visible.

(e)

With the approval of the health officer the license may be transferred to a replacement vehicle operated by the same licensee.

(f)

Each solid waste collector shall provide collection service in accordance with a schedule as agreed by such solid waste collector and such collector's individual customers. In the case of breakdowns of collection equipment, the solid waste collector shall maintain standby equipment or otherwise arrange for collection services as scheduled or as soon as practicably possible. Residential solid waste collection service shall be scheduled and provided only during the hours of six a.m. to eight p.m. on Monday through Saturday; provided that the health officer may authorize nonscheduled Sunday collection requested by a solid waste collector when normal scheduled collection is negated by emergencies such as adverse weather.

(g)

Solid waste collection vehicles when not in use for the collection of solid waste shall be parked, stored and maintained off of public right-of-way only in zoning districts GC, CBD, LI and GI. Solid waste collection vehicles are prohibited from being parked, stored or maintained on all public streets and private property in all other zoning districts as defined in the Wichita-Sedgwick County Unified Zoning Code, except when actually collecting solid waste or conducting reasonable and related business activities. Reasonable business activities do not include overnight parking, parking in excess of one hour during collection activities, or parking prior to the commencement or following completion of daily collection activities.

(Ord. No. 45-723 § 1 (part); Ord. No. 43-478 § 2; Ord. No. 49-107, § 4, 10-18-2011)