ORDINANCE NO. 9489

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 9, ARTICLE 4A, SECTIONS 9-4A-103, AND 9-4A-112, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO RESIDENTIAL RECYCLING SERVICES, AND REPEALING EXISTING SECTIONS 9-4A-103, AND 9-4A-112.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 9, Article 4A, Section 9-4A-103, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

9-4A-103         SUPERVISION; RULES AND REGULATIONS.

The collection, transportation, and recycling of residential recyclable materials shall be at all times under the general supervision of the City Manager, or the Director of Public Works the Municipal Services and Operations Department as the Manager's duly authorized agent, who shall have the authority to promulgate rules and regulations not inconsistent with the terms and provisions of this Article. (Ord. 8851)

SECTION 2. Chapter 9, Article 4A, Section 9-4A-112, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

9-4A-112         UNLAWFUL ACTS.

On and after October 15, 2014, it shall be unlawful for any person to: (Ord. 8851)

(A)       Remove any portion of the contents of any residential recyclable material container, or remove any material placed by residents or occupants of any residential dwellings at the designated recyclable materials collection point.

(B)       Upset, turn over, remove or carry away a recyclable materials container, or to damage such container in any manner.

(C)       Set out, or cause to be set out, recyclable materials for collection that do not originate from the premises where it is set out unless specifically approved by the Director of Public Works the Municipal Services and Operations Department in each case.

(E)       Place any material other than permitted recyclable materials, as defined in Section 9-4A-108.

(F)       To intentionally contaminate or soil recyclable materials so as to cause the City or the MRF to reject a load or loads of recyclable materials.

(G)       To damage destroy carts or trash dumpsters for recyclable materials.

SECTION 3. Existing Chapter 9, Article 4A, Sections 9-4A-103, and 9-4A-112, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

SECTION 4. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 5. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of _________, 2018.

APPROVED:

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Stuart Boley, Mayor

ATTEST:

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Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler, City Attorney