[Adopted 6-20-1994 by Ord. No. 784]
The following terms, phrases, words and their
derivatives shall have the meaning given herein. The word "shall"
is mandatory and not merely directory.
ASH
The residue from the burning of wood, coal, coke or other
combustible materials.
BULK ITEMS
A class of material containing furniture, television sets
and similar items.
CITY
The Mayor and City Council of Havre de Grace, Maryland.
COMMERCIAL ESTABLISHMENT
The use of property by any person, firm or corporation for
business, cemetery, church, club, hospital, industrial, lodge, multifamily
dwelling, office or school use. A residential use combined with a
commercial establishment shall be considered a commercial establishment,
as shall a federal, state or county government use.
CONTAINER
A receptacle for refuse or recyclables made of metal, rubber
or plastic, with suitable handles and a tight-fitting cover, that
is rodentproof, and does not become brittle at temperatures of -10°
F. and above. Containers shall be constructed to hold up to 50 pounds
of refuse material. A container also includes any receptacle provided
or accepted by the City's refuse, recyclable, and yard waste contractor,
which is capable of being lifted onto the contractor vehicle by mechanical
means.
[Added 4-16-2018 by Ord.
No. 999]
CONTRACTOR
Any person, firm or corporation holding a contract with the
City and/or with property owners or tenants in Havre de Grace for
the collection and disposal of refuse accumulated in the City of Havre
de Grace.
DWELLING UNIT
One or more rooms with the provision for cooking, living,
sanitary and sleeping facilities, arranged for the use of one family.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
MULTIFAMILY DWELLING
A structure or combination of residential structures situated
on one property where more than two dwelling units exist.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
RECYCLABLE
A member of a family of materials, which is designated as
acceptable by resolution.
REFUSE
All putrescible and nonputrescible solid wastes (except body
waste, explosives, lead acid batteries, or household batteries) including,
without limitation, garbage, rubbish, ashes, street cleaning, dead
animals, abandoned automobiles, industrial waste, and recyclables.
RUBBISH
Nonputrescible solid wastes (excluding ashes) including,
without limitation, combustible wastes (such as paper and cardboard),
tin cans, yard waste, wood, glass, crockery and similar materials.
WHITE GOODS
A class of material containing refrigerators, washers, dryers,
dishwashers, metal items and mattresses.
YARD WASTE
Consists of grass clippings, leaves, brush, tree trimmings,
and hedge clippings.
Refuse containers shall be provided by the tenant,
owner or occupant of the premises. Refuse containers shall be maintained
in good condition. It shall be unlawful to use or place out for collection
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. The
contractor shall have the right to refuse collection services for
failure to comply with the provisions of this article.
[Amended 4-16-2018 by Ord. No. 999]
A. Residents shall have at least two containers: one refuse container and one recycling container. If refuse is unable to fit within a container, then the resident is permitted to place excess refuse only in a plastic garbage bag with the minimum qualifications set forth in Subsection
B of this section.
B. Plastic bags, for excess refuse only, must be impermeable to moisture
and shall have the strength and capacity to hold 50 pounds of refuse
material. Kitchen trash bags are prohibited for use as receptacles
for refuse placed at the curb for collection as they break easily
and are not impermeable to rodents. At no time may recyclables or
yard waste be placed in a plastic bag for curbside collection.
C. Dumpsters shall be of a type approved by the Department of Public
Works. Dumpsters shall be maintained in a sanitary condition, free
of holes which permit the leakage of liquids. Dumpsters shall be equipped
with lockable lids to prevent illegal use and shall be locked at the
discretion of the property owner or as directed by the City refuse
contractor.
D. Maryland law requires that all apartment and condominium communities
with 10 or more units provide a recycling program for residents on
or before October 1, 2014.
It shall be unlawful to accumulate refuse on
any premises.
Except for collection, no container, including
dumpsters, shall be kept or maintained on a City street or within
a City right-of-way without the express written consent of the City.
[Amended 4-16-2018 by Ord. No. 999; 7-17-2023 by Ord. No. 1110]
No earlier than 6:00 p.m. on the day preceding the day designated
for collection and no later than the time stated within the waste
management contract and posted on the City website on the day designated
for collection, all containers, other than dumpsters, shall be placed
for collection at ground level at or near the curbline or at other
locations approved by the contractor with concurrence of the City.
Refuse containers shall be removed from the curb by 8:00 p.m. of the
collection day. It shall be unlawful to locate or place containers
in such a way as to obstruct either pedestrian or vehicular traffic
or create a safety hazard thereto.
The number of containers per pickup shall be
limited as designated by the City by resolution.
Ownership of refuse set out for collection shall
be vested in the City.
Refuse collection policies shall be designated
by resolution of the Mayor and City Council from time to time.
The Department of Public Works shall oversee
and administer refuse collection.
[Amended 7-17-2023 by Ord. No. 1110]
The City may establish and collect such charges
and fees for the disposal of refuse as the City deems necessary from
time to time. Such charges may be applied to any one or more class
of persons or uses for the purpose of offsetting any refuse disposal
costs and charges as may be incurred by the City and are as described
by ordinance.
[Added 7-17-2023 by Ord. No. 1110]
A. The
annual tipping fee charged for solid waste disposal in the City of
Havre de Grace shall be $107.50.
B. The
City Administration is authorized to charge, collect and pay over
to the solid waste management operator the amounts collected to cover
charges for solid waste disposal in its landfill known as the tipping
fee.
C. The
City Administration is authorized to collect the tipping fee quarterly,
semiannually, or annually.
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 the City of Havre de Grace who desire to haul
over the streets of the City of Havre de Grace shall use a watertight
vehicle provided with a tight cover and so operated as to prevent
offensive odors from escaping therefrom and refuse from being blown,
dropped or spilled. If spillage does occur, the spillage shall be
removed and the street and properties affected by the spillage shall
be cleaned at the expense of the persons responsible for the spillage.
Removal and cleaning of any spillage shall be accomplished in a manner
to eliminate odors and in compliance with appropriate state and county
regulations.
Any person convicted of committing any unlawful act as provided in this article shall be guilty of a municipal infraction as described in Chapter
1, General Provisions, Article
I, Fines, Penalties and Imprisonment. If any unlawful act is continuing, then each day during which such violation continues shall be considered a separate offense. In addition to any civil penalty which may be imposed, all the provisions of this article may be enforced by petition for injunction filed on behalf of the Mayor and City Council of Havre de Grace.