Request By:
Ms. Lucille Hammons
City Clerk
City of Crab Orchard
Crab Orchard, Kentucky
Opinion
Opinion By: Robert F. Stephens, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of June 20, 1978 in which you present the following facts and questions:
"The Board of Trustees of the City of Crab Orchard would like your opinion on our authority to collect trash pick-up fees. We are supplying the people of the City a trash pick-up twice a month, the first and third Wednesdays of each month, for $1.50 per month. We have been putting the chrage on the water cards which are sent out the first day of each month. Some do not want to pay, they say they do not have trash or they want to pay only when they have accumulated for a month or two. Of course some take their trash out on the highway to dumpsters or just on the roadside. Can we enforce this charge and how do we go about it? Just what authority do we have?"
The City of Crab Orchard is empowered to acquire and operate a garbage and trash disposal system pursuant to KRS 94.282 to 94.286. KRS 94.285 provides for the assessment and collection of a garbage service fee from residents of the city. Under this act it is further provided that the system may be operated within or without the city. Referring next to the case of
Cassidy v. City of Bowling Green, Ky., 368 S.W.2d 318 (1963) we find the court declaring that the city may under its police power, require all inhabitants of the city to use public garbage disposal system and share the expense of such system by the payment of reasonable fees. The court said further that the collection of these fees could be enforced by discontinuing the water service furnished by the city. As the court pointed out, the right to require city residents to use the garbage disposal system is based on the city's police power. See
City of Bowling Green v. Davis, 313 Ky. 203, 230 S.W.2d 90 (1950). The police power of a municipal corporation cannot, however, be exercised outside of its boundaries without special authorization. See McQuillin, Municipal Corporations, Vol. 1, § 24.57.
In addition cities of the fifth class are authorized pursuant to KRS 87.070 to enact and enforce under their police power ordinances relating to sanitation and public health. Referring next to McQuillin, Municipal Corporations, Vol. 7, § 24.245, we find the general rule that municipal corporations ordinarily may cause, regulate or directly perform the collection and disposal of garbage and refuse within their areas and accordingly, may regulate the mode of removal and disposal of garbage and refuse and specify and regulate places where such substances may be deposited. This section further states that a municipality may prohibit any person from collecting and disposing of garbage and refuse. Under Section 24.246 it is pointed out that private interests relating to garbage and refuse must yield to that which is established for the general benefit of all. Next referring to Section 24.248 we find the following general rules regarding a municipality's power with respect to the disposition of garbage:
"Municipalities may require that all garbage be placed in proper receptacles convenient for removal. They may prescribe the time and mode of collections and removals. A municipal corporation may prohibit the throwing of garbage into the streets or other public place or on any private premises other than those duly designated for the purpose.
"Reasonable ordinances and regulations are authorized relating to the transportation of garbage, decayed fruit and refuse. Individuals do not have a common right to haul garbage or refuse through public streets . . ." [Emphasis added].
We trust the above sufficiently answers your questions.