Town of Millsboro, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Millsboro at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Open burning — See Ch. 81.
Junkyards — See Ch. 128.
Solid waste — See Ch. 170.
It is the intention of this chapter to end littering on public or private property, including bodies of water, as a threat to the health and safety of the citizens of this town.
As used in this chapter, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
Includes all rubbish, waste material, refuse, cans, bottles, garbage, trash, debris, dead animals or other discarded materials of every kind and description.
Includes the right-of-way of any road or highway; any body of water or watercourse, or the shores or beaches thereof; any park, playground, building, refuge or conservation or recreation area; and any residential or farm properties, timberlands or forests.
It shall be unlawful for any person or persons to dump, deposit, throw or leave or cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property of this town or any waters in this town, unless:
Such property is designated by the town for the disposal of trash or litter, and such person is authorized by the proper public authority to use such property for such purpose.
Such litter is placed in a litter receptacle or container installed on such property.
Such person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or tenant, all in a manner consistent with the public welfare.
Any person found guilty of violating this chapter shall be punished by a fine not less than $25 nor more than $50 for each violation. In addition, any person found guilty of violating this chapter shall, at the discretion of the court, be required to pick up and remove from any public street, highway or public or private right-of-way or public beach, stream, bank or public park any and all litter deposited thereon by anyone prior to the date of execution of sentence.
The court is hereby directed to make public the names of persons convicted of violating this chapter.
Any police officer of the town who charges any person with any offense under this chapter may, in addition to issuing a summons for such offense, provide the offender with a voluntary assessment form which, when properly executed by the officer and the offender, allows the offender to dispose of the charge without the necessity of personally appearing in the court to which the summons is returnable. Payments made pursuant to this section shall be remitted to the court to which the summons is returnable and shall be received by the court within 10 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order. The fine imposed pursuant to this subsection shall be the minimum fine as provided for in Subsection A of this section, plus other costs as may be assessed by law. "Voluntary assessment forms," as used in this section, means the written agreement or document signed by the violator wherein the violator agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment.
Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of this chapter, it shall be prima facie evidence that the operator of said conveyance shall have violated this chapter, and licenses to operate such conveyances may be suspended for a period not to exceed 30 days, together with, or in lieu of, other penalties for littering in this chapter, unless littering from said vehicle is a first offense, in which case the license shall not be suspended, and the sanctions provided in § 130-4 of this chapter shall apply.