A.
Concerning the handling and disposition of trash in the Residential
Zone, the following rules and regulations shall apply:
(1)
The owner or occupier of any given property shall place all trash
into containers and place the containers along the curb in front of
such property in order that the trash may be conveniently removed
by the collector thereof.
(2)
All bramble, sticks, tree trimmings and the like shall be securely
tied together in bundles, each of which shall not exceed 50 pounds
in weight or four feet in length.
(3)
All trash shall be placed in covered plastic or metal containers,
not to exceed 32 gallons in size or 50 pounds in weight when filled,
and shall be watertight to prevent leakage and covered to exclude
water.
(4)
Unless suitable protection is provided by a container bin, all containers
shall be placed along the front property line no earlier than 12:00
noon the day prior to collection and removed no later than 8:00 p.m.
on the day trash has been collected.
(5)
No person shall dispose of any garbage, recyclables, yard waste,
trash or litter of any kind by throwing or placing it upon any property
within the confines of the Town or within a distance of one mile of
the Town limits.
(6)
No person shall put or place any garbage, recyclables, yard waste
and trash collected or gathered from one property upon or in front
of any other property or within the Town without the express consent
and permission of the owner of such other property to do so.
(7)
All public waste containers placed by the Town of Fenwick Island
shall be used by the general public for the disposal of trash accumulated
while using the public areas of the Town. These containers shall not
be used for disposal of residential and/or commercial trash.
B.
Concerning the handling and disposition of trash in the Commercial
Zone, the following rules and regulations shall apply:
(1)
Any business which continuously uses more than five containers of
trash, rubbish or garbage shall be required to place its garbage,
recyclables, yard waste and trash in a one- or two-ton dumpster provided
by the owner. All dumpsters shall have tight-fitting lids which shall
be kept closed except when filling or emptying and shall be watertight
to prevent leakage. All dumpsters shall be situated on a paved area
at least of equal size as the dumpster and shall not be less than
10 feet from any neighboring or adjacent property line.
(3)
The following maintenance requirements must be met:
(a)
The owner and/or tenant of any property shall maintain trash
containers of all kinds in a well repaired, clean, odorless condition
so that these containers shall not in any way be offensive or injurious
to the health of the residents of the Town of Fenwick Island. The
owner and/or tenant of any property shall maintain the area where
trash containers and dumpsters are placed in a clean, odorless and
sanitary condition so that this area shall not be offensive by odor
or injurious to the health of the residents of the Town of Fenwick
Island or kept in an unsightly condition or in a condition which is
detrimental to the adjacent properties and the general neighborhood.
(b)
A Town Council designee shall have discretion in determining
when there exists an unsanitary condition of either the containers
or the area where the containers are placed so that the containers
and container area are not injurious to the health of the residents
of the Town of Fenwick Island, do not cause an unsightly condition
or do not become detrimental to the adjacent properties and the general
neighborhood.
(c)
After making such a determination, a Town Council designee shall
give written notice of the violation to the owner and/or tenant of
the property on which the condition exists. The notice shall set a
time limit for correction, removal or abatement of the condition,
which period shall not exceed five days. Said notice may be served
by the Police Department or a Town employee, or it may be served by
registered or certified mail.
(d)
The owner and/or tenant of the property shall be guilty of failing
to correct, remove or abate an unsanitary condition that may be injurious
to health, unsightly or detrimental to the adjacent properties or
general neighborhood if the condition continues to exist on or after
the removal or abatement date that is set on the written notice.
Any person violating any provision of this article shall, upon
conviction thereof, be subject to a fine of $200. It shall be determined
that each day that an unsanitary or injurious to health condition
or a condition which is unsightly or detrimental to the adjacent properties
or general neighborhood exists after the date set for correction of
the condition shall constitute a separate offense.
