[Adopted 6-19-1980 as Secs. 4-2-1 through 4-2-6 of the 1980 Code; amended 8-20-1990; 12-18-1995]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Refuse accumulations of paper, excelsior, rags or wooden
or paper boxes or containers, sweepings and all other accumulations
of a nature other than garbage, which are usual to housekeeping and
to the operation of stores, offices and other business places.
Every refuse accumulation of animal, fruit or vegetable matter
that attends the preparation, use, cooking and dealing in, or storage
of meats, fruit or vegetables, and any other matter, of any nature
whatsoever, which is subject to decay, putrefaction and the generation
of noxious or offensive gases or odors, as breeding or feeding material
for flies or other germ-carrying insects. The term "garbage" also
includes any containers which due to their ability to retain water
contents may serve as breeding places for flies and mosquitoes or
other water-breeding insects.
Tree limbs that cannot be placed in containers and accumulations
of grass or shrubbery, cuttings and other refuse attending the care
of lawns, shrubbery, vines and trees.
Refuse materials that are unburnable at ordinary flame temperatures,
such as metals, mineral matter, large quantities of glass or crockery,
metal furniture and auto bodies or parts.
The Town Superintendent shall have full authority over, and
supervision of the collection and disposal of all garbage, trash and
refuse in the Town.
The Town Superintendent shall have authority to make rules and
regulations relative to the collection, removal and disposition of
garbage, combustible refuse, noncombustible refuse, rubbish and trash
not in conflict with the provisions of this article. It shall be unlawful
for any person to fail, neglect or refuse to comply with such rules
and regulations.
Trash containers placed upon the streets or sidewalks of the
Town by the Town or by any organization, under the direction and approval
of the Town Council, shall be for the use of the general public and
shall not be loaded by householders or places of business.
It shall be unlawful for any person to throw into the streets
or alleys or upon the sidewalks or other public places or private
premises, any rubbish, trash, paper, dirt, filth, vegetables, metals,
fruit, broken glass or glass of any nature or any matter, solid or
substance or thing calculated to render the streets, sidewalks, alleys
or private premises unclean or unsightly or unsafe to any person,
animal or vehicle using such streets, sidewalks, alleys or other public
places or private premises. It shall be unlawful for any person to
place in the streets or alleys or upon the sidewalks or other public
places or private premises anything of a nature that could injuriously
affect the health or welfare of the general community.
[Added 12-18-2000]
The Town Manager may make rules and regulations for the collection,
removal and disposition of garbage, trash, refuse and other similar
matter. It shall be a violation for any person to fail to comply with
such rules and regulations.
Except as otherwise provided, no alley or street is to be used
to store any kind of trash, refuse or other material which causes
any unsightly appearance in the Town. Anyone violating this provision
shall have the trash, refuse or material in question removed within
72 hours after a notice is received from the Town Superintendent to
the effect that the same must be removed therefrom.
All refuse set out for collection in the Town shall be placed
in closed and secure standard, thirty-five-gallon (maximum) trash
containers, rollout carts approved by the Town or its designee, or
heavyweight plastic bags tied securely. All such containers shall
be supplied by the resident or occupant. Containers shall not be filled
so that the lids will not securely cover them.
Upon request, the Town will provide brush grinding services
to residents in accordance with written rules and regulations established
by the Town Superintendent. A special charge for these services shall
be made in accordance with rates set and established by the Council.
A copy of such schedule of rates and a copy of such rules and regulations
shall be maintained in the office of the Town Superintendent and the
Treasurer's office and shall be available for public inspection
during regular working hours.
[Amended 3-20-2017]
All containers for garbage, trash, refuse, and other similar
matter and all material to be collected shall be set out next to the
street or at such other locations previously permitted where it can
be easily and conveniently reached for collection and shall be so
set out for collection no sooner than noon on the day before the scheduled
pickup and no later than 7:00 a.m. on the day of the scheduled collection.
All containers for garbage, trash, refuse, and other similar matter
not picked up shall be removed by 7:00 a.m. on the day following the
collection date.
All reusable containers for garbage, trash, refuse and other
similar matter shall be kept covered at all times. After emptying
such containers, covers or tops shall be replaced and the containers
returned to the location where they were placed.
A.
The schedule for collection of garbage, trash, refuse, and other
similar matter shall be established by the Town Council and maintained
in the office of the Town Manager.
B.
Monthly charges for the collection and hauling of garbage, trash,
etc., shall be as set forth in a schedule of rates and charges promulgated
and fixed by the Town Council, and subject to rules and regulations
adopted therewith. A copy of the schedule of rates and charges and
a copy of such rules and regulations shall be maintained in the office
of the Town Treasurer.
C.
Any house or apartment may be exempt from the refuse collection fee
if the owners of such property notify the Town Treasurer in writing
that it is unoccupied. It shall then become their responsibility to
notify the Town Treasurer again in writing that it is reoccupied.
Failure to do so will result in a retroactive application of the refuse
collection fee to the date of application as determined by the Town
Treasurer.
Billing for the service of refuse removal is consolidated in
billing for other municipal services provided by the Town; and, discontinuance
of refuse removal by the Town for failure to pay for those services
has the potential to result in the endangerment of the public health,
safety, and general welfare. It is the policy of the Town of Elkton
not to discontinue refuse removal service for nonpayment and to apply
payment for those consolidated services to refuse removal first.
No one while engaged in the collection of garbage, trash, or refuse on behalf of the Town of Elkton shall enter upon any private property unless in accord with the provisions of § 139-17.
Each commercial and institutional enterprise shall provide for
its own refuse removal.
The Town may from time to time provide back door collection
service to elderly or disabled persons who are unable to place their
refuse at the curb. Such persons desiring this service shall notify
the office of the Town Manager.
It shall be an offense for any person to fail to abide by this
article, and any person found guilty thereof shall be subject to a
fine not to exceed $500. Each day any violation of this article shall
continue shall constitute a separate offense.
