[Adopted 6-19-1980 as Secs. 4-2-1 through 4-2-6 of the 1980 Code; amended 8-20-1990; 12-18-1995]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COMBUSTIBLE REFUSE
Refuse accumulations of paper, excelsior, rags or wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places.
GARBAGE
Every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fruit or vegetables, and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, as breeding or feeding material for flies or other germ-carrying insects. The term "garbage" also includes any containers which due to their ability to retain water contents may serve as breeding places for flies and mosquitoes or other water-breeding insects.
GARDEN TRASH
Tree limbs that cannot be placed in containers and accumulations of grass or shrubbery, cuttings and other refuse attending the care of lawns, shrubbery, vines and trees.
NONCOMBUSTIBLE REFUSE
Refuse materials that are unburnable at ordinary flame temperatures, such as metals, mineral matter, large quantities of glass or crockery, metal furniture and auto bodies or parts.
The Town Superintendent shall have full authority over, and supervision of the collection and disposal of all garbage, trash and refuse in the Town.
The Town Superintendent shall have authority to make rules and regulations relative to the collection, removal and disposition of garbage, combustible refuse, noncombustible refuse, rubbish and trash not in conflict with the provisions of this article. It shall be unlawful for any person to fail, neglect or refuse to comply with such rules and regulations.
Trash containers placed upon the streets or sidewalks of the Town by the Town or by any organization, under the direction and approval of the Town Council, shall be for the use of the general public and shall not be loaded by householders or places of business.
It shall be unlawful for any person to throw into the streets or alleys or upon the sidewalks or other public places or private premises, any rubbish, trash, paper, dirt, filth, vegetables, metals, fruit, broken glass or glass of any nature or any matter, solid or substance or thing calculated to render the streets, sidewalks, alleys or private premises unclean or unsightly or unsafe to any person, animal or vehicle using such streets, sidewalks, alleys or other public places or private premises. It shall be unlawful for any person to place in the streets or alleys or upon the sidewalks or other public places or private premises anything of a nature that could injuriously affect the health or welfare of the general community.
[1]
Editor's Note: See Ch. 103, Handbills and Littering.
[Added 12-18-2000]
The Town Manager may make rules and regulations for the collection, removal and disposition of garbage, trash, refuse and other similar matter. It shall be a violation for any person to fail to comply with such rules and regulations.
Except as otherwise provided, no alley or street is to be used to store any kind of trash, refuse or other material which causes any unsightly appearance in the Town. Anyone violating this provision shall have the trash, refuse or material in question removed within 72 hours after a notice is received from the Town Superintendent to the effect that the same must be removed therefrom.
All refuse set out for collection in the Town shall be placed in closed and secure standard, thirty-five-gallon (maximum) trash containers, rollout carts approved by the Town or its designee, or heavyweight plastic bags tied securely. All such containers shall be supplied by the resident or occupant. Containers shall not be filled so that the lids will not securely cover them.
Upon request, the Town will provide brush grinding services to residents in accordance with written rules and regulations established by the Town Superintendent. A special charge for these services shall be made in accordance with rates set and established by the Council. A copy of such schedule of rates and a copy of such rules and regulations shall be maintained in the office of the Town Superintendent and the Treasurer's office and shall be available for public inspection during regular working hours.
A. 
Items not allowed by the Rockingham County landfill will not be collected by the Town or its collection contractor.
[Amended 12-18-2000]
B. 
Items of excessive weight (40 or more pounds) will not be picked up. Containers of excessive weight (40 or more pounds) will not be emptied.
[Amended 3-20-2017]
All containers for garbage, trash, refuse, and other similar matter and all material to be collected shall be set out next to the street or at such other locations previously permitted where it can be easily and conveniently reached for collection and shall be so set out for collection no sooner than noon on the day before the scheduled pickup and no later than 7:00 a.m. on the day of the scheduled collection. All containers for garbage, trash, refuse, and other similar matter not picked up shall be removed by 7:00 a.m. on the day following the collection date.
All reusable containers for garbage, trash, refuse and other similar matter shall be kept covered at all times. After emptying such containers, covers or tops shall be replaced and the containers returned to the location where they were placed.
A. 
The schedule for collection of garbage, trash, refuse, and other similar matter shall be established by the Town Council and maintained in the office of the Town Manager.
B. 
Monthly charges for the collection and hauling of garbage, trash, etc., shall be as set forth in a schedule of rates and charges promulgated and fixed by the Town Council, and subject to rules and regulations adopted therewith. A copy of the schedule of rates and charges and a copy of such rules and regulations shall be maintained in the office of the Town Treasurer.
C. 
Any house or apartment may be exempt from the refuse collection fee if the owners of such property notify the Town Treasurer in writing that it is unoccupied. It shall then become their responsibility to notify the Town Treasurer again in writing that it is reoccupied. Failure to do so will result in a retroactive application of the refuse collection fee to the date of application as determined by the Town Treasurer.
Billing for the service of refuse removal is consolidated in billing for other municipal services provided by the Town; and, discontinuance of refuse removal by the Town for failure to pay for those services has the potential to result in the endangerment of the public health, safety, and general welfare. It is the policy of the Town of Elkton not to discontinue refuse removal service for nonpayment and to apply payment for those consolidated services to refuse removal first.
No one while engaged in the collection of garbage, trash, or refuse on behalf of the Town of Elkton shall enter upon any private property unless in accord with the provisions of § 139-17.
Each commercial and institutional enterprise shall provide for its own refuse removal.
The Town may from time to time provide back door collection service to elderly or disabled persons who are unable to place their refuse at the curb. Such persons desiring this service shall notify the office of the Town Manager.
It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $500. Each day any violation of this article shall continue shall constitute a separate offense.