[HISTORY: Adopted by the Mayor and City Council of the City of Havre de Grace as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Civil sanctions — See Ch. 1, Art. I.
Property maintenance — See Ch. 140.
Disposal of solid waste in sewer system — See Ch. 198.
[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.
A. 
It shall be unlawful to place any refuse or recyclables out for collection that are not in an approved container. In the event the container is full, additional refuse can be placed in a plastic bag as set forth in § 162-3. Plastic bags are not acceptable containers for yard waste and recyclables. For excess recyclables, citizens can place them in a cardboard box designated for recycle pickup. Yard waste may only be placed in a paper bag or any approved container that, when filled, does not exceed 50 pounds.
[Amended 4-16-2018 by Ord. No. 999]
B. 
It shall be unlawful for any person to place refuse or refuse containers on any premises other than those occupied by the tenant, owner, or occupant of those premises.
C. 
It shall be unlawful to include body waste, explosives; lead acid batteries or household batteries, poisons, acids, caustics, toxic materials, automotive products such as motor oil, gasoline, and antifreeze, waste material resulting from the repair or alterations of any building or other structure and such other waste material as may cause damage to collection equipment or personal injury to collectors with refuse.
D. 
It shall be unlawful for all, other than commercial establishments, to include any items not listed as acceptable by resolution with materials for collection on days of recyclable item pickup. Commercial establishments shall include items as agreed upon between the property owner or tenant and the contractor with concurrence 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.
A. 
Refuse shall be drained free of liquids prior to being placed in containers for collection or in dumpsters. Refuse shall not be placed in a dumpster unless the dumpster is equipped with a tight-fitting cover and is otherwise rodentproof.
B. 
Ashes shall be placed only in metal cans having a capacity of not more than 20 gallons. Ashes shall be cool prior to setting out for collection. The combined weight of ashes and can shall not exceed 50 pounds.
C. 
Refuse shall be drained free of liquids prior to being placed in an authorized or approved container. Refuse other than garbage and ashes may be placed in trash cans, dumpsters or plastic bags. The combined weight of refuse and trash can shall not exceed 50 pounds. Refuse placed in plastic bags shall not puncture the bag or exceed 50 pounds or the safe capacity of the bag. Plastic bags containing refuse shall be securely tied to preclude the loss or scattering of the contents.
D. 
Tree trimmings, hedge clippings and similar material shall be cut to a length not to exceed four feet and securely tied in bundles not more than two feet thick and 50 pounds in weight.
E. 
Leaves or grass clippings shall be placed in suitable containers for pickup by the contractor on the specified day of collection.
F. 
All cans and bottles which have contained food shall be thoroughly drained before being deposited for collection.
G. 
Tires on rims will not be collected by the City or the City's contractor. Disposal of tires on rims is a responsibility of the property owner or tenant.
H. 
Recyclables shall be prepared and acceptable for collection as designated by resolution.
I. 
White goods shall be placed at ground level at or near the curbline or at other locations approved by the contractor with the concurrence of the City. Notification for collection shall be as designated by resolution.
J. 
Bulk item removal and disposal shall be the responsibility of the property owner or tenant of all properties.
[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.