Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 14 of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 136.
Property maintenance — See Ch. 158.
Streets and sidewalks — See Ch. 183.
Zoning — See Ch. 220.
As used in this chapter, the following terms shall have the meanings indicated:
BAG
A plastic or polyethylene bag not less than 1 1/4 mils thick having a tie string and containing no more than 50 pounds when filled.
COMMERCIAL/BUSINESS
Any establishment operating for the intent to make a profit.
GARBAGE
Waste resulting from the handling, preparation, cooking and consumption of food, and wastes resulting from the handling, storage and sale of produce.
A. 
Combustible trash, including, but not limited to, paper, excelsior, tree branches, yard trimmings, wood furniture, and bedding;
B. 
Noncombustible trash, including, but not limited to, metal, tin cans, dirt, stone, glass crockery, and other mineral waste;
C. 
Street rubbish, including, but not limited to, street sweepings, dirt, leaves, catch basin dirt, and contents of litter receptacles; and
D. 
Waste resulting from industrial processes and manufacturing operations.
RESIDENTIAL AREAS
All residences, other than motels and hotels, but shall include boarding houses, apartment houses and condominiums, regardless of whether such residences are located in areas other than residential zones as defined in Chapter 220, Zoning, of the Code of the Town of Milton.
[Amended 9-2001; 12-7-2009 by Ord. No. 2009-001; 9-9-2013 by Ord. No. 2013-04]
A. 
Single unit. A single dwelling unit, whether detached or multiunit, whose solid waste is collected on an individual basis: as established in the currently effective Town of Milton Fee Schedule.
B. 
Bulk collection. A central approved depository for the collection of solid waste by more than one unit: as established in the currently effective Town of Milton Fee Schedule.
A. 
Bills and payment.
(1) 
The Town shall provide for the collection of solid waste to every residential property owner and to the owners of multifamily dwellings, or as defined under the definition of "residential areas."
(2) 
The rates as established shall be an assessment and shall be billed to the owner of the property on a quarterly basis. All bills for the services are due within 30 days, upon receipt, for the services performed during the previous quarter. Quarterly charges, if not paid within 30 days of receipt, shall accrue interest at the rate of 2% per month until paid in full. Charges for the solid waste removal service shall not be eliminated from the quarterly billing, except for the following: Properties that have had their water supply voluntarily disconnected shall not be billed the collection assessment for the period of time the water service is disconnected.
[Amended 12-1995; 12-7-2009 by Ord. No. 2009-001]
(3) 
Bills are rendered for any indicated period of service, either special or quarterly, and will show the proper charge therefor as determined by the applicable rate schedule. Bills shall be considered as duly rendered when delivered at or mailed to the recorded address of the customer, as provided by him for that purpose; nonreceipt of a bill shall not constitute a waiver thereof. The Town, on request, will issue a duplicate bill at a cost to the customer as established in the currently effective Town of Milton Fee Schedule, and no claim for exemption from assessment of any penalty charge for delayed payment will be allowed.
[Amended 9-9-2013 by Ord. No. 2013-04]
(4) 
The annual charge imposed under ordinance shall be a lien against the property served and shall be and remain a lien for then 10 years from the date of assessment of such charge. Such lien shall have priority over any other lien, encumbrance or conveyance even though such other lien or liens shall have same authorities.
(5) 
Any customer, upon receipt of a bill, having reason to doubt its accuracy, shall bring or mail the bill within five days to the Town for investigation.
B. 
Containers.
(1) 
Every person occupying a residence and every owner of a multifamily dwelling shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers.
(2) 
Solid waste containers shall be watertight with a fitted cover constructed of a solid and durable grade of metal or plastic material. Plastic bags may be used as solid waste containers, provided they conform to the requirements of Subsection B(7) of this section.
(3) 
In the case of those containers which are manually emptied by the sanitation crews of the Town, the combined weight of the waste and container shall not exceed 50 pounds.
(4) 
Underground containers are prohibited for use in the Town.
(5) 
All containers (except plastic bags) shall be provided with suitable lifting handles on the outside and close fitting or other approved cover, equipped with a handle, and shall not exceed 30 gallons.
(6) 
Containers shall not contain any inside structures, such as bands or reinforcing angles or anything within the container to prevent the free discharge of the contents. Container that have deteriorated or that have become damaged to the extent that the covers will not fit securely or that have ragged or sharp edges capable of causing injury shall be condemned by the Town, and if such containers are not replaced after notice to the owner or user, such containers will be removed by the Town.
(7) 
Plastic bags shall be constructed of a material and in a manner sufficiently adequate in strength and weight to keep contents from rupturing the bag. All plastic bags shall be secured at the top to prevent spillage.[1]
[1]
Editor's Note: Original § 14-3B(8), regarding dwelling units in the same building as a business, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(8) 
The Town Clerk is authorized and directed to discontinue garbage and refuse collection service to any property which does not use proper containers. Five days' written notice shall be given to the property owner whose garbage and refuse service is to be discontinued. Notice shall be directed to the property owner at his last known address.
C. 
Collection.
(1) 
General.
(a) 
All collections of solid waste materials from residences, apartment houses and other establishments shall be by Town public works (sanitation) crews or contractors hired or contracted by the Town of Milton.
(b) 
It shall be unlawful for any person to place any solid waste container within any public utility easement or public way, except on designated collection days at the curbline. All containers shall be placed just behind the curbline of the street abutting such property, but shall not be placed where the containers will interfere with vehicular or pedestrian traffic.
(c) 
Where solid waste is collected from the front or side street, containers shall be placed there no earlier than sunset of the day preceding the day of collection and not later than 7:00 a.m. on the scheduled day of collection and shall be removed to a point at the side or rear of the structure not later than 6:00 p.m. of the day of collection.
(d) 
No solid waste, trash, brush, or any other material shall be placed in the street or on the sidewalk in such a manner as to obstruct or interfere with vehicular or pedestrian traffic. No solid waste of any description shall be disposed of within the limits of the Town in any manner other than that prescribed herein. Deposit of solid waste upon any ditch or any other method of disposal not in accordance with this chapter shall be a violation as prescribed in § 179-6 of this chapter.
(e) 
Where the quantity of brush set out for collection is excessive, the Town shall determine the amount of brush to be collected at any one time, the day of collection and any other matters pertaining to brush collection. Rubbish or trash consisting of small, loose items shall be placed in approved containers. Brush or tree trimmings for pick up shall be cut in lengths not to exceed four feet, nor exceed 50 pounds in weight, and must be securely tied together in bundles.
(f) 
Bulk disposal of boxes or cartons must be broken down and bundled. No bundle shall exceed 50 pounds in weight.
D. 
Items that the Town will not collect.
(1) 
The scope of the service rendered by the Town in the collection and removal of solid waste materials is intended to serve the needs of dwelling units and their directly related activities. It is considered to be beyond the scope of such service to collect or remove solid waste materials generated by clearing, construction, demolition, and any other such activity producing quantities of solid waste.
(2) 
Rock, scrap building materials or other trash resulting from construction, remodeling or destruction by fire, the elements, acts of God or other causes resulting from a general cleanup of vacant or improved property or trees, bush and/or debris cleared from a property in preparation for construction or landscaping shall not be collected and removed by the Town as a regular service. Such materials will be removed at the expense of the owner.
(3) 
Tires will not be collected by the Town. Items too bulky or heavy to be removed during regular Town collection may, at the discretion of the Town of Milton, be removed by the Town after special arrangements have been made by the owner.
(4) 
The placing of leaves in the streets of the Town is prohibited.
E. 
Frequency and routes of collection. The Town of Milton determines days and schedules of collection. Adequate notice of the collection schedules shall be given to the residents of the times and schedules and any changes thereto.
[Amended 9-12-2016 by Ord. No. 2016-007]
A. 
All vehicles used in the collection of solid waste shall have enclosed bodies or shall have bodies covered with a tarpaulin or canvas cover. All vehicles used for the collection of solid waste containing garbage or other putrescent matter shall have watertight metal bodies or metal-lined bodies of easily cleanable construction, shall be cleaned at sufficient frequency to prevent nuisance or insect breeding and shall be maintained in good repair. The name of the owner of the vehicle shall be displayed in a prominent and legible manner on both sides of all vehicles used in the collection and transportation of solid waste within the Town of Milton.
B. 
Commercial hauling of solid waste from nonresidential locations shall be permitted between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 3:00 p.m. on Saturdays, except on federal holidays. No such hauling shall occur at any other time.
The Town of Milton is hereby authorized to make additional rules and regulations for the administration of the solid waste collection system, provided that no such rule or regulations is in conflict with the specific provisions of this chapter and is in no way inconsistent with the established policies of the Town of Milton.
A. 
Any person or any officer of any firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $500, together with costs of prosecution, or to imprisonment for a period of not more than 30 days, or both.
[Amended 12-7-1992]
B. 
Every violation of this chapter shall be deemed a separate offense for each and every day a violation shall continue and shall be subject to the penalty imposed by this section for each and every such separate offense.
No person shall throw, place or deposit any garbage, trash, rubbish, ashes, refuse, or other foreign substance upon any sidewalk, boardwalk, crosswalk, avenue, street, lane, alley, park, strand, or other public place or upon any property owned by the Town, or over which the police power of the Town extends.
State law reference: As to depositing refuse on public property, see 16 Del. C. § 1704.
No person shall put, place or throw any garbage, trash, or rubbish collected or gathered from one lot upon or in front of another lot within the Town.
The following standards shall be applicable for the cleanliness of sidewalks within the business district of the Town of Milton, and shall constitute the minimum standards for keeping sidewalks clear and free of foreign matter:
A. 
All sidewalks are to swept at least one time a week, prior to 10:00 a.m., and no accumulation of foreign matter is to be deposited in the street.
B. 
All sidewalks adjacent to establishments from which food or beverages, or both, are sold or dispensed to customers on the sidewalk shall be washed on one day each month prior to 10:00 a.m.
C. 
All trash stored outside the establishment shall be stored in vermin-proof containers and in such a manner as to not be visible from the street.
D. 
All empty boxes outside the establishment shall be stored in such a manner as to not be visible from the street.