City of New Castle, DE Article II Collection and Disposition

[Adopted 5-15-1990 by Ord. No. 323]

§ 204-5 Definitions.

For the purposes of this article, the following words shall have the meanings defined or given herein. The word "shall" is always mandatory and not merely directory.

ASHES

The residue from the burning of wood, coal, coke or other combustible materials.

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

PERSON

Any natural person, firm, partnership, corporation, company or unincorporated association.

CONTAINERS/BAGS

A. PLASTIC BAG A plastic or polyethylene bag not less than 1 1/4 mils thick having a tie or twist fastener and capable of containing no more than 35 gallons or weighing 50 pounds or less when filled.

B. CONTAINERS Metal, rigid plastic or vinyl receptacles with covers.

C. REFUSE All nonputrescible solid wastes (excluding ashes and tires), consisting of combustible and noncombustible wastes, including by way of example and not in limitation: paper, excelsior, cardboard, metals, tin cans, dirt, stone, crockery, glass, tree branches, tree or shrub trimmings, brambles and similar materials commonly known and referred to as "trash" or "rubbish."

§ 204-6 Rules and regulations governing disposition and collection of garbage, ashes and refuse.

This article shall govern the collection and disposition of garbage, ashes and refuse in the City of New Castle.

A. Applicability.

[Amended 5-11-2010 by Ord. No. 471]

(1) The City shall provide collection services for residential properties and commercial properties having an average garbage and refuse pickup not exceeding four thirty-five-gallon containers for each pickup, plus certain other limited services.

(2) All persons owning or occupying residential or commercial properties in the City that do not conform to the average of four thirty-five-gallon containers for each pickup provided by the City collection services shall arrange for private collection for all garbage, ashes and refuse in excess of four thirty-five-gallon containers for each pickup.

B. Rigid containers, plastic bags. The four containers at every individual pickup location shall be of rigid construction with self-sealing lids. The maximum size shall be 35 gallons, and the filled weight shall not exceed 50 pounds. All garbage must be placed inside the rigid containers. Heavy-duty plastic bags may be used for items other than garbage after the four rigid containers have been used.

[Amended 12-9-1997 by Ord. No. 379; 5-11-2010 by Ord. No. 471]

(1) Refuse. All refuse shall be placed in individual metal or plastic containers satisfactory to the Director of Public Works or in tied plastic bags, each of a capacity not exceeding 35 gallons, and the contents of which shall not exceed 50 pounds. Plastic bags shall be of sufficient strength to carry their contents without ripping or rupturing.

(2) Garbage and ashes.

(a) All garbage and ashes shall be wrapped in paper and/or deposited into plastic bags of sufficient strength to hold their contents without ripping or rupturing before being deposited into a rigid waste container.

(b) Garbage so wrapped or placed into plastic bags shall then be deposited into fly-proof rigid waste containers or garbage cans not to exceed 35 gallons in size or 50 pounds in weight.

C. Branches, tree trimmings, sticks, grass clippings separately collected. Containers or plastic bags need not be used for branches, sticks, tree trimmings. Such refuse may be securely tied together in bundles, each of which shall not exceed 50 pounds in weight or four feet in length. Grass clippings and other garden refuse will be included in a separate pickup and shall be bagged not to exceed 50 pounds in weight. Such separate pickups will not be counted in the limitation to two containers of 35 gallons for each pickup.

D. Special pickup. Notwithstanding the limited services provided pursuant to this § 204-6, a person may, after having made arrangements directly with the City Department of Public Services, arrange for a special pickup on a date certain by the city's collection service for such materials as washers, dryers and other large items, and may deposit the same at curbside not more than 24 hours before the appointed pickup. Fees or charges for such special pickup services shall be as established from time to time by resolution of City Council.[1]

[Amended 5-11-2010 by Ord. No. 471]

[1] Editor's Note: See Ch. A239, Fees, in the Appendix to the Code.

E. Improperly containerized refuse or garbage. Any refuse, garbage, tree trimmings, paper or cardboard not properly containerized, bagged or bundled as required by this article shall not be accepted by the collectors, and it shall be the duty of the person responsible to immediately remove the same, including any loose refuse, ashes or garbage.

F. Location of rigid containers and plastic bags for collection. The owner or occupier of each property or lot shall place all properly containerized garbage and refuse at ground level along the curb or property line in front of such lot, or at the rear alley thereof, in order that it may be conveniently collected by the city's collection service.

G. Times for collection and removal; setting out and removing rigid containers, plastic bags and bundles.

[Amended 6-21-2002 by Ord. No. 410]

(1) All garbage, refuse, tree trimmings and/or cardboard properly bagged, bundled or containerized, in accordance with this article, shall be placed at the appropriate place for collection before 6:00 a.m. of the day of collection, but not before 6:00 p.m. of the day preceding the day set for collection.

(2) Such containers shall be removed from the sidewalk or roadway by the household the same day that they are emptied by the collector. No such containers shall be placed or left, following the collection of garbage, on or in the front yard or on the front porch of any residential dwelling, nor at the curb or in the street right-of-way, but rather such containers shall be placed in the rear of such residential dwelling, or along the side yards or alleyways but not within five feet of the front primary facade of such residential dwelling unless concealed by a fence; provided, however, that if there is no side yard, the owner-occupant or tenant-occupant may be exempt from such front yard requirement if handicapped, and he/she registers with the City Administrator. Paper bags and baskets are prohibited as receptacles for garbage and shall not be placed upon the sidewalk or roadway as receptacles for garbage for collection. Any person who shall place garbage regulated by this article on the sidewalk or roadways in a loose and careless manner for collection, as provided in this article, shall be considered as having violating the provisions of this Code.

H. Collection of refuse and garbage.

(1) Except as provided herein, all refuse and garbage shall be collected, conveyed and disposed of by the City of New Castle or by licensed collectors who have obtained a valid and current Business License Permit from the City Department of Public Services.

[Amended 5-11-2010 by Ord. No. 471]

(2) All persons engaged in the collection and removal of refuse or garbage, including those employed by the City for that purpose, shall collect and transport the same through or along the avenues, streets, lanes, alleys or other public ways of the City in a sanitary, covered, liquid-tight container or motor vehicle body as set forth by the regulations of the Delaware Solid Waste Authority.

§ 204-7 Public waste containers.

All public waste containers placed by the City along any of the avenues, streets, alleys or sidewalks of the City shall be used by the members of the general public as the place or places of disposal of waste paper and material accumulated by the members of the general public, while using the public ways of the city. To this end, no person engaged in business, either as owner, manager, operator, employer or other capacity, and no person residing in any dwelling, either as owner, tenant, employee or guest, shall dispose of or place any garbage, ashes or refuse in any public waste container of the City.

§ 204-8 Depositing garbage or refuse in public places prohibited.

It shall be unlawful and a nuisance for any person to throw, deposit, place or cause to be placed or deposited any garbage, refuse, ashes, trash or rubbish or any other offensive materials in or upon any street, sidewalk, lane or public place, park, vacant lot, bridge or public or private alley, or parcel of private property or property owned by the City for any reason other than regularly scheduled garbage or refuse collection or specifically arranged special pickup.

§ 204-9 Depositing garbage or refuse on private property.

A. Collected from within the City. It shall be unlawful to throw, put, place or deposit any garbage or refuse collected or gathered from one lot upon or in front of any other lot within the City.

B. Collection from sources outside the City. It shall be unlawful for any person to throw, put, place or deposit in, on or in front of any private or public property in the City any garbage ashes or refuse collected or gathered from any place outside the City limits of the City of New Castle.

§ 204-10 Violations and penalties.

Any person violating any provision of this article shall, upon conviction thereof before any court of competent jurisdiction, be subject to a fine of not more than $100 and costs. Each twenty-four-hour period of time during which a violation of this article continues shall be deemed to be a separate, continuing violation and shall constitute a separate offense. In cases where the person convicted has one or more prior convictions for the same offense, the sentence shall be a fine of not less than $100 nor more than $500.