[Adopted 2-3-1964 by Ord. No. 43]
This article shall be known and may be cited as the "Municipal Refuse Collection Service Ordinance of the Town of Delmar".
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ASHES
The residue from the burning of wood, coal, coke, or other combustible materials.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
TOWN
The Town of Delmar, Delaware.
TOWN MANAGER
The Town Manager of the Town of Delmar, Delaware.
All refuse accumulated in the Town shall be collected, conveyed and disposed of by the Town. No person shall collect or convey over any of the streets or alleys of the Town, or dispose of, any refuse accumulated in the Town.
A. 
Exception for actual producers. This article shall not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, provided such producers or owners comply with the provisions of this article and with any other governing law or ordinances.
B. 
Exception for outside collectors. This article shall not prohibit collectors of refuse from outside of the Town from hauling such refuse over Town streets, provided such collectors comply with the provisions of this article and with any other governing law or ordinances.
A. 
All refuse accumulated in the Town shall be collected, conveyed and disposed of by the Town under the supervision of the Town Manager. The Town Manager shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
B. 
Appeals. Any person aggrieved by a regulation of the Town Manager shall have the right of appeal to the Mayor and Council of Delmar, who shall have the authority to confirm, modify or revoke any such regulation.
A. 
Separation of refuse. Garbage and rubbish may be placed in the same containers and ashes shall be placed in separate containers.
B. 
Preparation of refuse. All garbage and rubbish before being placed in garbage cans for collection shall have drained from it all free liquids and may be wrapped in paper.
(1) 
Cans and bottles. All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
(2) 
Trimmings and clippings. Tree trimmings, hedge clippings and similar material shall be cut to length not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection.
C. 
Refuse containers.
(1) 
Duty to provide and maintain in sanitary condition. Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The Town Manager shall have the authority to refuse collection services for failure to comply herewith.
(2) 
Garbage. Garbage containers shall be made of metal or heavy plastic, equipped with suitable handles and tight-fitting covers, and shall be watertight.
(a) 
Capacity weight. Garbage containers shall have a capacity of not less than 10 gallons nor more than 20 gallons and a gross weight not exceeding 50 pounds.
(b) 
Sanitation. Garbage containers shall be of a type approved by the Town Manager and shall be kept in a clean, neat and sanitary condition at all times.
(3) 
Ashes. Ash containers shall be made of metal and have a capacity of not more than 15 gallons and a weight not exceeding 50 pounds.
(4) 
Rubbish. Rubbish containers shall be of a kind suitable for collection purposes and shall be of such weight that they can be handled by one man.
D. 
Storing of refuse.
(1) 
Public places. No person shall place any refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, within the Town except it be in proper containers for collection or under express written approval granted by the Town Manager.
(a) 
Unauthorized accumulation. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within 30 days after the effective date of this article shall be deemed a violation of this article.
(b) 
Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the Town any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the Town.
E. 
Points of collection. Refuse containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and accessible to and not more than 10 feet from the side of the street or alley from which collection is made, provided that containers may be placed for collection at other than ground level and at a distance of more than 10 feet when approved by the Town Manager and an additional payment for the extra service is agreed upon by both parties.
[Amended 5-6-1996 by Ord. No. 111]
F. 
Placement, removal and storage of containers. Containers shall be placed at the point of collection no earlier than sunset on the eve of the day of collection and shall be removed no later than sunset on the day of collection. Between the days of collection, containers, including any structure designed to store them, shall be located, if not out of the line of sight from the street upon which the property fronts, on the back half of the side of the house.
[Added 5-6-1996 by Ord. No. 111]
A. 
Frequency of collection.
(1) 
Residential. Refuse accumulated by residences shall be collected at least once each week.
(2) 
Commercial and industrial. Hotels, restaurants and such other businesses and institutions, as deem it necessary, may enter into an agreement for a greater frequency of collection. Where necessary to protect the public health, the Town Manager shall have the authority to require that more frequent collections be made.
B. 
Limitation of quantity.
(1) 
Residential. The Town Manager shall collect a reasonable accumulation of refuse of each family during a collection period for the standard change hereinafter provided.
(2) 
Commercial and industrial. The Town Manager shall collect a reasonable accumulation of refuse of hotels, restaurants and other businesses and institutions during the collection period based upon the average weight or volume. The Town Manager shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts.
C. 
Special refuse problems.
(1) 
Contagious disease refuse. The removal of wearing, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the County Health Officer. Such refuse shall not be placed in containers for regular collections.
(2) 
Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Town Manager at the expense of the owner or possessor thereof.
D. 
Collection by actual producers and outside collectors.
(1) 
Requirements for vehicles. The actual producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not included in the definition of refuse and collectors of refuse from outside of the Town who desire to haul over the streets of the Town shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled.
(2) 
Disposal. Disposal of refuse by persons so permitted under Subsection D(1) above shall be made outside the Town limits, unless otherwise specifically authorized by the Town Manager. The Town Manager shall have the authority to permit the disposal of such material on the Town dump, provided such dump is made available solely for the Town and a reasonable charge may be made therefor by the Town Manager.
(3) 
Rules and regulations. The Town Manager shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling of refuse over Town streets by outside collectors as he shall find necessary, subject to the right of appeal as set forth in § 523-8B hereof.
E. 
Refuse property of Town. Ownership of refuse material set out for collection or deposited on the Town dump shall be vested in the Town.
[Amended 5-6-1996 by Ord. No. 111]
The Mayor and Council of Delmar, Delaware, shall, prior to July 1 of each and every year hereafter, provide sufficient money in its annual tax levy by an ad valorem tax (collection costs) on all real estate assessed in said Town to provide sufficient money to pay for the services herein provided and further to make an additional charge for commercial and industrial establishments as may be provided by the said Mayor and Council, which said additional charges shall be a lien on the real estate in the same manner as an ad valorem tax (collection costs).
A. 
Legal remedy. The Town Manager shall have the right services hereinbefore authorized, at any time, upon failure to pay the ad valorem tax by the property owner or the refusal of a commercial or industrial establishment to pay the additional charge made therefor, which shall be in addition to the right of the Town to provide for the collection of such taxes and additional charge in the manner provided by law for the collection of unpaid and delinquent taxes.
B. 
Use of Town dump. The Town Manager shall have the right to make a reasonable charge to any person disposing of refuse in the Town dump on a per load basis, provided said person is not a taxpayer of the Town and subject to any agreement with any other governmental agency which is cooperating in the operation and maintenance of the Town dump.
[Amended 6-5-1995 by Ord. No. 105; 5-6-1996 by Ord. No. 111; at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
A person who does not comply with the provisions of this chapter is guilty of a municipal violation, and the penalty shall be $50 for each initial offense and $100 for each subsequent offense. Each day a violation continues is a separate offense.
If any section or provision of this article is held by any court decision that has become final to be invalid, ineffective or inapplicable to any person or circumstance, by reason of any provision of the Delaware Constitution or any applicable public general law, then it is intended that all other sections or provisions of this article and their application to all other persons and circumstances shall be separable and shall not be affected and shall become or continue operative and in effect in conformity with such provision of the Delaware Constitution, public general law or public local law.