Town of Elsmere, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 10-12-2006 by Ord. No. 435.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 79.
Lawn care companies — See Ch. 123.
Property maintenance — See Ch. 171.
Solid waste — See Ch. 187.
Snow and ice removal — See Ch. 192, Art. I.
[1]
Editor's Note: This ordinance also repealed former Ch. 127, Dumping of Leaves, adopted 1-13-1982 by Ord. No. 169.
In this chapter, unless the context requires otherwise, the following shall have the following meanings:
YARD WASTE
Leaves, needles, grass clippings, garden debris, and brush, including clean woody vegetative material. This term includes stumps, roots, or shrubs with intact root balls.
REFUSE
All waste materials, solid, liquid, or semisolid, produced by or from, used by, or resulting from industrial, agricultural, household, manufacturing, business, or community life, such as but not limited to minerals, asphalt, rocks, concrete products, wood products, glass products, metal products, used furniture, household appliances, products or items, clothing, building material, motor vehicles, products and parts, tires, paper products, burnt materials, chemicals, paints, cleaning solutions and containers, plastics, solvents, petroleum products and materials and their containers defined as hazardous.
GARBAGE
Every waste accumulation of animal, fruit, or vegetable matter, liquid or otherwise, resulting from the preparing, processing, storing, consuming, cooking, dealing in or with animal, fruit, or vegetable matter.
A. 
It shall be a violation of this chapter for any person, firm, or corporation to dispose of, dump, bury or otherwise cause any garbage, yard waste or refuse to be placed upon any gutters, streets, catch basin, storm sewers, right-of-way or upon any public or private lands in the Town unless that land is duly designated and licensed as a site for the dumping, disposing, or burying of garbage and refuse.
B. 
It shall be a violation of this chapter for any person, firm or corporation to accept for dumping, burying, or disposing, or allow the dumping, burying, or disposing of, garbage or refuse upon land owned by the person, firm, or corporation unless that land is duly designated and licensed as a site for the dumping, disposing, or burying of garbage and refuse.
C. 
It shall be a violation of this chapter to cause or permit garbage, yard waste, or refuse to be placed in such a place or manner that the garbage, yard waste, or refuse can be blown away by the wind, washed away by water, or conveyed to another location by some other natural process.
D. 
It shall be a violation of this chapter to cause or permit garbage, yard waste, or refuse to fall from any vehicle.
E. 
It shall be a violation of this chapter to cause or permit to be placed into any trash receptacle provided by the Town any of the following: leaves, needles, grass clippings, garden debris, and brush, including clean woody vegetative material including any stumps, roots, or shrubs with intact root balls, minerals, asphalt, rocks, concrete products, wood products, glass products other than glass bottles, metal products other than aluminum beverage containers, used furniture, household appliances, products or items, clothing, building material, motor vehicles, products and parts, tires, chemicals, paints, cleaning solutions and containers, solvents, petroleum products and materials and their containers defined as hazardous.
F. 
It shall be a violation of this chapter for any person, firm, or corporation to dump, shovel, blow or otherwise cause any snow to be deposited upon any of the gutters, streets, catch basin, storm sewers, rights-of-way or upon any public lands in the Town.
A. 
This chapter shall not apply to any employee of the Town of Elsmere when acting in his or her official capacity or to any municipal employee when providing mutual aid to the Town of Elsmere or any person or contractor acting on behalf of the Town of Elsmere.
B. 
Additionally, it shall not be a violation of this chapter for a landowner or occupant to properly dispose of garbage, yard waste, or refuse on the landowner's or occupant's owned, leased or rented land in an appropriate container and in an appropriate manner as set forth in Chapter 187, § 187-2, of the Code of the Town of Elsmere and in compliance with the most recent version of the International Property Maintenance Code as may have been amended by the Code of the Town of Elsmere.[1]
[1]
Editor's Note: See Ch. 171, Property Maintenance, Art. II.
[Amended 9-10-2015 by Ord. No. 600]
Any person who violates this chapter shall be subject to a fine of not less than $100 nor more than $200 plus any and all cost incurred by the Town of Elsmere should the offender fail to immediately remove any item placed in violation of this chapter.
Any police officer and any Code Enforcement Officer of the Town of Elsmere, as well as any Code Enforcement Officer of any other jurisdiction who is providing mutual aid to the Town in accordance with Title 20, Chapter 32, "Intrastate Mutual Aid Compact," shall have the authority to enforce this chapter and shall have authority to issue citations or complaints for violations of this chapter.
This chapter is intended to strengthen the Town's existing code. Any part of any ordinance, code or regulation which is in direct conflict with this chapter is hereby repealed.
If any section, clause or division of this chapter be declared by the court to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid.