[HISTORY: Adopted by the City Council of the City of Lewes 4-7-1958. Amendments noted where applicable.]
A.
It shall be unlawful for any person to throw, place or deposit any garbage, trash, rubbish, ashes, refuse or other foreign substance upon any sidewalk, boardwalk, crosswalk, avenue, street, lane, alley, beach, park, strand or other public place within the City or upon any property owned by the City or upon any property over which the police power of the City extends, except as provided in § 106-2 hereof.
B.
Duty to provide approved containers.
[Added 8-13-2007]
(1)
Cart collection. The City shall provide one ninety-five-gallon capacity
cart to each dwelling unit per residential structure based on the
number of dwelling units per structure. After payment of the lease
fee, a property owner may exchange the ninety-five-gallon cart for
a sixty-five-gallon cart with no refund or additional lease fee. The
carts shall remain the property of the City. The carts are assigned
to a specific property and are to remain with that property in the
event ownership changes. The owner, occupant, or proprietor of any
individual structure may lease one additional cart from the City for
a fee as set by resolution of the Mayor and City Council. The lease
fee will be invoiced to the property owner and, if not paid within
30 days of invoice, will become a lien on the property. When a bin
is used to store the cart, the bin shall have a gate to allow the
cart to be rolled out without lifting the cart.
[Amended 4-12-2010]
(2)
Cart liability. The owner, occupant, proprietor, or other person
in charge of a residential dwelling shall be liable for cart replacement
or repair for damages considered over and above normal wear and tear
by cart manufacturers and for replacement of missing carts. The City
shall replace/repair carts damaged by normal wear and tear at its
expense.
In respect to the handling and disposition of garbage, trash
and rubbish, the following rules and regulations shall apply:
A.
The owner or occupier of any given lot shall place all trash, garbage
and rubbish along the curb in front of such lot in order that it may
be conveniently removed by the collector thereof.
[Amended 10-15-2007]
B.
All trash, garbage and rubbish not deposited in City-provided carts
shall be contained in plastic bags, each of a capacity not to exceed
25 pounds.
[Amended 5-12-1980; 10-15-2007]
C.
All brambles, sticks, tree trimmings and the like shall be securely
tied together in bundles, each of which shall not exceed 50 pounds
in weight.
E.
Placement of containers and carts.
(1)
All trash, garbage and rubbish containers shall be removed from the
front of any given property within 24 hours after same shall have
been emptied by the collector and, when full, shall be placed along
the curb in front of the property not sooner than 12:00 noon of the
day preceding the day that same normally will be collected by the
collector.
[Amended 10-15-2007]
(2)
Carts for collection shall be placed near the curb in locations designated by the City Streets Supervisor, or his designee, providing a two-feet minimum clearance from parked cars and other obstructions. Carts shall be placed with the wheel-side of the cart facing the dwelling. Carts placed in unapproved locations or in nonconformance with this section, may be collected under the provision of § 106-3 of this chapter.
[Added 8-3-2007]
G.
No person shall dispose of any trash, garbage or rubbish by throwing
or placing it upon any lot within the confines of the City or within
a distance of one mile of the City limits.
[Amended 10-15-2007]
H.
All persons engaged in the collection and removal of trash, garbage
or rubbish, including those employed by the City for that purpose,
shall collect and transport same through or along the avenues, streets,
lanes, alleys or other public ways of the City in a sanitary, covered
liquidtight container or motor vehicle body only.
[Amended 10-15-2007]
I.
No person shall put, place or throw any garbage, trash or rubbish
collected or gathered from one lot upon or in front of any other lot
within the City without the expressed consent and permission of the
owner of such other lot so to do.
J.
All public waste containers placed by the municipal corporation along
any of the avenues, streets, alleys, sidewalks and boardwalks of the
City shall be used by the members of the general public as the place
or places of disposal of wastepaper and material accumulated by members
of the general public, aforesaid, while using the public ways of the
City, aforesaid. To this end no person engaged in business, either
as owner, manager, operator, employer or other capacity, and no person
residing in any dwelling either as owner, tenant, employee or guest,
shall dispose of or place any garbage, trash or rubbish in any public
waste container of the City aforesaid.
K.
It shall be unlawful for any property owner or occupier of any property
within the corporate limits of the City to permit or authorize any
person who does not reside upon the same premises as the property
owner or occupier to deposit, put or place any garbage, trash or rubbish
upon property owned or occupied by such property owner or occupier
to be collected and removed by employees of the City.
[Added 3-11-1985]
L.
It shall be unlawful for any person, firm or corporation to transport
any garbage, trash or rubbish from outside the corporate limits of
the City and to deposit such garbage, trash or rubbish to any place
within the corporate limits of the City to be collected and removed
by employees of the City.
[Added 3-11-1985]
[Added 5-12-1980]
A.
The following restrictions and requirements are necessary to conserve
the capacity of various solid waste disposal facilities for their
primary purpose of receiving garbage and rubbish and prevent use by
persons, firms or corporations which do not contribute to the cost
of operation of said facilities:
(1)
A permit must be obtained in advance from the County Engineer's
office to dispose of any building or portion thereof larger than 250
square feet in size. This permit may require disposal at other than
the nearest facility because of space available. All buildings or
portions of buildings must be reduced to flat sections, be free from
garbage and rubbish and small enough to be transported legally without
a permit.
(2)
A permit must be obtained in advance from the County Engineer's
office to dispose of more than four discarded car, truck or tractor
tires.
(3)
Trees trimmed or removed for land development or right-of-way clearing
shall have all wood four inches or less in diameter chipped, larger
wood cut in lengths not exceeding four feet in length and all roots
trimmed flush with the base of stumps. Trees trimmed or removed by
a person doing the work at his own residence need not be reduced to
chips but must be cut to the four-foot length or shorter.
(4)
All refrigerators, freezers or similar objects shall have the doors
removed before disposal at facilities operated by Sussex County.
(5)
It shall be unlawful to transport solid wastes originating outside
Sussex County to solid waste disposal facilities operated by Sussex
County without a special permit issued under conditions and rates
recommended by the County Engineer and approved by the Sussex County
Council.
B.
Unacceptable wastes, as defined in Sussex County legislation, may
be received at disposal sites operated by Sussex County upon application
to the County Engineer but would be subject to special charges recommended
by the County Engineer and approved by the Sussex County Council.
A.
Residents shall only use recycling carts provided by the City or
its contractor for curbside recycling.
B.
The carts shall remain the property of the City or its contractor.
Carts are assigned to a specific property and shall remain with that
property in the event of a change in ownership.
C.
The owner, occupant, or other person in charge of a residential dwelling
shall be responsible for repairing or replacing a cart damaged, in
the opinion of the City or its contractor, over and above normal wear
and tear. The owner, occupant, or other person in charge of a residential
dwelling shall also be responsible for replacing missing carts.
D.
Residents shall obey all rules and regulations set forth by the State
of Delaware, the City of Lewes, and the City's contractor regarding
curbside recycling, including, but not limited to, materials that
may be placed in the recycling carts.
E.
Placement of recycling carts:
(1)
The recycling cart may be placed for collection no sooner than 12:00
noon on the day preceding the day scheduled by the City or its contractor
for collection.
(2)
Carts for curbside recycling shall be placed near the curb in locations
designated by the City Streets Supervisor, his designee or its contractor.
(3)
The recycling cart, when empty, shall be removed from its curbside
collection location within 24 hours after being emptied by the City
or its contractor.
(4)
If a structure is used to store a recycling cart, the cart must be
moved out of said structure by the owner, occupant, or other person
in charge so recyclables may be collected by the City or its contractor.
For purposes of this chapter, unless the context otherwise clearly
indicates:
The use of fully or semi-automated mechanized lift collection
vehicles with authorized carts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All solid or semisolid waste resulting from industrial, and/or
commercial processes, manufacturing, assembling, handling, storage,
or sale of merchandise or services; bricks, blocks, drywall, plaster,
wood, acoustical tile, marble, and other inert solid waste including
tree stumps, tree trunks; solid waste or semisolid waste from public
or private profit or nonprofit institutional operations such as schools,
universities, churches, fraternal organizations, and other uses not
classified as residential dwellings.
Residential waste resulting from the preparation and serving
of food.
The process by which residential refuse and trash is transferred
from a storage container to a side-loading collection vehicle, including
manual, semi-automated, or full-automated collection methods.
Garbage and rubbish originating from residential dwellings
in the community and requiring physical removal from the place of
origin to a place of ultimate disposal.
Nontransient, single-family, two-family (two residential
units) and multifamily dwelling places (three or more residential
units) and which are assessed for and pay City of Lewes property taxes.
Normal dry material produced routinely and consisting of
such waste material as paper, cans, bottles, cardboard and ashes.
All solid and semisolid waste material originating from residential
dwellings not included under other definitions in this section. Included
in this definition are bricks, blocks, drywall, plaster, wood, acoustical
tile, marble and other inert solid waste including tree stumps, tree
trunks, leaves, brush branches, Christmas trees, lawn rakings, and
similar waste materials produced on a seasonal basis and representing
intermittent or seasonal collection practices. Also included in this
definition are bulking objects as discarded household furniture and
appliances which are produced occasionally and which do not fit into
regular refuse collection vehicles.
Plant material residues resulting from lawn maintenance and
other horticultural gardening and landscaping activities including
grass, leaves, prunings, brush, shrubs, garden material, Christmas
trees, and limbs up to six inches in diameter.
[Amended 5-12-1980; 8-13-2007]
A.
Authority of Streets Supervisor to inspect property to enforce chapter.
(1)
The Streets Supervisor, or his designee, after identifying himself,
shall have the authority to enter at all reasonable times upon private
or public property for the purpose of inspecting and investigating
conditions relating to the enforcement of the provisions of this chapter.
(2)
The Streets Supervisor, or his designee, is authorized to notify,
in writing, the owner, occupant, proprietor, or other person in charge
of every dwelling, house, apartment, commercial establishment, office
building, or any occupied and unoccupied building, to correct any
violations of this chapter by the next succeeding collection period.
Written notification shall be by first class mail, addressed to the
owner or person in control, or agent of the owner, at his/her last
known address, or the latest address, or by hand delivery to such
person(s).
(3)
Any person served with such notice shall be deemed to have been given
notice for the eighteen-month period immediately thereafter. The City
may, without further notice, issue a summons at any time within such
eighteen-month period for recurring or new violations of this chapter.
(4)
Due to the nature of refuse collection, the conditions resulting from violations which may create a nuisance or be dangerous to the public health, safety, welfare, or affect the quality of life in a neighborhood, the Streets Supervisor, or his designee, at his discretion, may pick up the refuse or correct the situation under violation of code and shall invoice the property owner pursuant to the fee and payment basis established in § 106-3 without prior notification to the property owner.
B.
Penalties.
(1)
Any person violating this chapter shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $100, nor
more than $250, for the first offense and not less than $200 nor more
than $500 for any subsequent offense occurring within 18 months of
a prior conviction.
(2)
Each day during which such violation is committed, maintained, or
permitted to continue, shall constitute a separate offense and shall
be punishable as such.
