[Amended 2-11-2017 by Ord. No. 737]
It shall be unlawful and a nuisance to throw, place or deposit
any ashes, garbage, refuse, trash or other foreign substance that
is not properly containerized upon any sidewalk, crosswalk, avenue,
street, lane, alley, bridge, park or other public place or upon any
property within the limits of the Town of Dewey Beach.
[Amended 7-9-1999 by Ord.
No. 410; 2-12-2000 by Ord. No. 424; 4-6-2013 by Ord. No. 701; 3-17-2016 by Ord. No. 727; 2-11-2017 by Ord. No. 737]
A. Requirements and applicability.
(1) Residential properties not offered for rent.
(a)
Owners of residential properties may dispose of their trash
by transporting it to an out-of-Town location without the use of a
trash collection service.
(b)
Owners of residential properties who contract for trash collection
services shall engage the Town's designated vendor for the collection
of trash and recyclables.
(2) Residential properties offered for rent, minimal requirements. Owners
of any residential property which is the subject of a residential
rental license shall contract with the Town's designated vendor for
trash and recycling collection services. Minimal service collection
frequency shall be twice weekly for trash and once weekly for recycling
from May 1 through September 30 of each year. For any period between
September 30 and May 1 of the subsequent year in which such property
is rented, owners shall contract with the Town's designated vendor
for not less than once weekly trash and recycling services. Additionally,
owners of properties offered for rent shall elect and maintain valet
service from the Town's designated trash and recycling collection
vendor during any period in which trash and recycling collection is
required hereunder.
(3) All businesses licensed by the Town of Dewey Beach which sell carry-out
food products shall have a place at the entrance to their businesses,
when open for business, a minimum of one trash container, said size,
design, advertising slogan (no graphics), and dimension to be determined
and approved by the Town Building Official. Each trash container will
be lined with a plastic bag, and the container may contain the name
of the business that is responsible for the maintenance of the can
and may contain an approved advertising slogan. The trash and recyclables
deposited in said container shall be emptied at least once each day
or as soon as the container is filled to capacity, whichever occurs
first. Seasonal businesses must remove the container when they are
closed for business. The cost of obtaining these trash receptacles,
their maintenance, and the removal of the trash and recyclables will
be borne by the business.
(4) Commercial and mixed-use properties. Commercial property owners may
choose any trash and recycling collection vendor licensed by the Town
of Dewey Beach to service their property. A residential dwelling unit
owner of a property shared by a commercial entity may arrange to use
the waste containers maintained by the commercial entity.
(5) Multiunit residential properties (e.g., condos, townhouses, stacked
cottages, duplexes). Owners of multiunit residential properties that
do not have a commercial use on the property shall obtain service
from the Town's designated residential trash and recycling vendor.
This service may be arranged as a single account for a container,
set of containers, or dumpster that is shared among all the residents
of the property. For owners of such dwelling units, valet service
is optional.
(6) The Town Manager is hereby authorized to hear and grant exemptions
to the requirements of this section to owners who demonstrate the
existence of a defined term contract with an alternate vendor entered
into prior to the enactment of this chapter.
B. General requirements governing all refuse, garbage and/or recyclables
placed for pickup.
(1) Refuse, garbage, recyclables and ashes.
(a)
All trash, refuse, garbage, recyclables and ashes shall be enclosed
in a rigid trash or recyclables container suitable for collection
and disposal by a licensed trash collection and/or recycling company.
(b)
Rigid containers shall have tight-fitting lids.
(2) Yard waste and bulk waste.
(a)
Property owners must contact the Town's designated vendor to
arrange for pickup.
(b)
Material may be placed out in a personal container, bundles
no more than four feet in length, or biodegradable lawn and leaf bags.
Branches and limbs may be no more than four inches in diameter.
(3) Time limitation of placement. It shall be unlawful to store any residential
or commercial trash or recyclables container, or yard waste or branches
and sticks in any public right-of-way except between the hours of
12:00 noon Sunday through 8:00 p.m. Monday and 5:00 p.m. Thursday
through 8:00 p.m. Friday. The Town shall void any ticket issued to
a property owner for violation of this subsection who demonstrates
he or she had valet service provided by the Town's designated vendor
for the subject property in place at the time of the offense.
C. Collections. All persons engaged in the collection and removal of
refuse and/or garbage, recyclable materials, ashes and yard waste,
including those employed by the Town for that purpose, shall collect
and transport same through or along the avenues, streets, lanes, alleys
or other public ways of the Town as follows:
(1) In a sanitary, covered, liquid-tight container or motor vehicle body
as set forth by the regulations of the Delaware Solid Waste Authority.
(2) Only between the hours of 8:00 a.m. and 4:00 p.m.
(3) For collections from residential properties, only on Mondays and
Fridays unless an exception is approved in advance by the Town Manager.
[Amended 12-6-2008 by Ord. No. 636; 4-6-2013 by Ord. No. 701; 3-17-2016 by Ord. No. 727; 5-14-2021 by Ord. No. 765]
Any person violating any provision of this chapter shall have committed a civil offense pursuant to Chapter
80 of the Municipal Code of the Town of Dewey Beach. Each violation shall incur a fine of $75 for the first offense, $150 for the second offense, and $300 for any offense thereafter.