[HISTORY: Adopted by the City Council of the City of Lewes 5-12-1980. Amendments noted where applicable.]
Word usage. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated:
- Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigible balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle approved by the City Council of the City of Lewes.
- The City of Lewes, County of Sussex, State of Delaware.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter or literature; one which advertises for sale any merchandise, product, commodity or thing; one which directs attention to any business or mercantile or commercial establishment or activity for the purpose of either directly or indirectly promoting the interests thereof by sales; one which directs attention to or advertises any meeting; theatrical performance, exhibition or event of any kind for which admission fees are charged for the purpose of private gain or profit; or one which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed and circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor. The terms of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such a meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this chapter shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of the State of Delaware or under any ordinance of the City of Lewes.
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Litter, garbage, refuse and rubbish, as defined herein, and all other waste material which is thrown or deposited as herein prohibited tends to create a danger to the public health, safety and welfare.
- Any newspaper of general circulation as defined by general law; any newspaper duly entered with the Post Office Department of the United States in accordance with the federal statute or regulations; any newspaper filed and recorded with the recording officer as provided by general law; and, in addition thereto, any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copy of any matter or literature not included in the aforesaid definitions of "commercial handbill" or "newspaper" above.
- A park, playground, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed to be used wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, park, step, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, grass, leaves, yard clippings, wood, glass, bedding, crockery and similar materials.
- Every device in upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk or public place within the City, except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other place or upon public property.
No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from a building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free from litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying places of business within the City shall keep the sidewalks in front of their business premises free from litter.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or public place within the City or upon private property.
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park within the City, except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where the public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and shall be properly disposed of elsewhere, as provided herein.
No person shall throw or deposit litter in any pond, stream or any other body of water in a park or elsewhere within the City.
No person shall throw or deposit litter in any storm or sanitary sewer, including rights-of-way.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or public place within the City for any person to hand out or distribute a noncommercial handbill without charge to the person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant to a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon any premises if requested by anyone thereon not to do so or if there is placed on said premises, in a conspicuous position near the entrance thereof, a sign bearing the words "no trespassing," "no peddlers or agents," "no advertisements" or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure and prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other private or public places, except that mailboxes may not be used when so prohibited by federal postal law or regulations.
Exceptions for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers, as defined herein, except that newspapers shall be placed upon private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied or private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited upon any street, sidewalk or public place or upon any private property.
The owner or person in control of any private property shall, at all times, maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in any authorized private receptacles for collection.
Notice to remove. The City of Lewes is hereby authorized and empowered to notify the owner of any open or vacant property within the City or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be given by certified mail and addressed to said owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal by any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within five days after the receipt of a written notice as provided in the foregoing section, the owner shall be cited for a violation in accordance with the provisions of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and/or imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and/or imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this chapter continues shall be deemed and taken to be a separate and distinct violation.