[HISTORY: Derived from Ch. 14 of the prior
Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Any establishment operating for the intent to make a profit.
Waste resulting from the handling, preparation, cooking and
consumption of food, and wastes resulting from the handling, storage
and sale of produce.
Combustible trash, including, but not limited
to, paper, excelsior, tree branches, yard trimmings, wood furniture,
and bedding;
Noncombustible trash, including, but not limited
to, metal, tin cans, dirt, stone, glass crockery, and other mineral
waste;
Street rubbish, including, but not limited to,
street sweepings, dirt, leaves, catch basin dirt, and contents of
litter receptacles; and
Waste resulting from industrial processes and
manufacturing operations.
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]
(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.
