Chapter 12 · Public Property

Article 2. Public Dump

Sections 12-201 to 12-209 · 9 sections

12-201 Regulation.

The following described area is hereby declared the official dump of the city. A tract of land in the southwest Quarter (SW/4) of Section 34, Township 23 South, Range 13 West of the 6th P.M., In Stafford County, Kansas, more particularly bounded and described as follows:

Commencing at a point on the south line of the quarter section 1,727 feet east of the southwest corner thereof; running thence north 1,092 feet; thence east to a point 209 feet west and 1,092 feet north of the southeast corner of the quarter section; thence south parallel to the east line of the quarter section to a point 209 feet west of the southeast comer of the quarter section; thence west along the south line of the quarter section to the point of beginning, containing 17.30 acres, more or less.

(Code 1984, 11-101)

12-202 Definitions.

For the purpose of this article the following words shall have the following meaning:

Combustible: Brush, trees, shrubs, grass clippings and clean waste wood, free of excess dirt or other extraneous matter that will inhibit combustion.

Noncombustible: Any item not-specifically described as a combustible shall be a non-combustible.

(Code 1984, 11-102)

12-203 No open burning.

No material of any type, combustible or noncombustible, may be burned at the city dump except by authorized city personnel.

(Code 1984, 11-103)

12-204 Unlawful burning and dumping.

It shall be unlawful for any person to dump any noncombustible at the city dump.

(Code 1984, 11-104)

12-205 Hours of operation.

(a)Public Access. The dump shall be open to the public for dumping on the days and for the hours as may from time to time be prescribed by the governing body by public notice thereof published in the official city newspaper and posted at the dump site.

(b)Fees. The governing body may from time to time prescribe fees to be charged the public for the use of the dump site by resolution. Public notice of such fees shall be given by publication in the official city newspaper and by posting the same at the dump site.

(c)Time of Burning. Open burning shall not be initiated by authorized personnel until at least one hour after sunrise. No material shall be added to any fire two hours before sunset

(d)Meteorological Conditions. Burning shall not be carried out during Inclement or foggy conditions or on very cloudy days. Cloudy days will be defined as overcast days (more than 0.7 cloud cover) with a ceiling of less than 2,000 feet In addition, burning shall be restricted to periods when surface wind speed Is more than five mph and less than 15 mph, and from a direction which will not carry the smoke over any occupied dwellings or public roadways or any airports within two miles of the burning site.

(e)Road Hazards. Conditions of burning within 1,000 feet of a roadway which provide potential traffic safety hazards or any other safety hazards shall be avoided by appropriate notifications of the Highway Patrol, sheriff’s office or other appropriate authorities.

(f)Safety. Burning shall be supervised until the fire is extinguished.

(Code 1984, 11-105)

12-206 Burning supervisor.

During such hours as a burning supervisor is not on duty at the dump, the chief of police or such patrolman as he or she may direct shall supervise all burning at the dump.

(Code 1984, 11-106)

12-207 Section 12-208 limited in application.

Section 12-208, relating to the use of the dump site, shall not apply to the provisions set out above notwithstanding any similarity in section titles and numbers.

(Code 1984, 11-107)

12-208 Public dump closed.

That tract of ground described in 12-201 above and known as the public dump of the city Is hereby closed to the public and It shall be unlawful for any person to dispose of solid waste Is defined in 12-202 upon the above described premises unless such disposal is authorized by a written lease agreement or contract made and entered into by the governing body of the city.

(Code 1984, 11-112)

12-209 Lease authorized.

The governing body is hereby authorized to enter into a lease, agreement, or contract with any public or private firm, person or corporation for the use of the real estate described in 12-201 above under such terms and conditions as the governing body may deem fit and proper. The mayor of the city is hereby authorized to execute such lease after the same has been approved by the governing body of the city.

(Code 1984, 11-113)