City of Lewes, DE Environmental Protection

Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated:

Any contrivance, now known or hereafter invented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigible balloons.

AUTHORIZED PRIVATE RECEPTACLE

A litter storage and collection receptacle approved by the City Council of the City of Lewes.

COMMERCIAL HANDBILL

Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter or literature; one which advertises for sale any merchandise, product, commodity or thing; one which directs attention to any business or mercantile or commercial establishment or activity for the purpose of either directly or indirectly promoting the interests thereof by sales; one which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which admission fees are charged for the purpose of private gain or profit; or one which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed and circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor. The terms of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such a meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this chapter shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of the State of Delaware or under any ordinance of the City of Lewes.

LITTER

Includes all rubbish, waste material, refuse, cans, bottles, garbage, trash, debris, dead animals or other discarded materials of every kind and description.

NEWSPAPER

Any newspaper of general circulation as defined by general law; any newspaper duly entered with the Post Office Department of the United States in accordance with the federal statute or regulations; any newspaper filed and recorded with the recording officer as provided by general law; and, in addition thereto, any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

NONCOMMERCIAL HANDBILL

Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copy of any matter or literature not included in the aforesaid definitions of "commercial handbill" or "newspaper" above.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys, or other public ways, and any and all public parks, squares, beaches, spaces, grounds and buildings, any public ponds or streams, and any storm or sanitary sewers.

VEHICLE

Every motorized device in, upon, or by which any person or property is or may be transported or drawn upon a public way, including devices used exclusively upon stationary rails or tracks.

Litter policy. It is the policy of this City to enforce the Delaware Litter Control Law, 16 Del. C. Ch. 16, in addition to the other provisions of this section. No person shall throw or deposit litter in or upon any public place within the City, except in public receptacles or in authorized private receptacles for collection.

Placement of litter in receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other place or upon public property.

Sweeping litter into gutters prohibited; sidewalks to be kept free of litter. No person shall sweep into or deposit in any gutter, street, or other public place within the City the accumulation of litter from a building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free from litter. Depositing leaves at the City curb shall be exempt from this subsection.

Responsibilities of merchants.

(1)

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.

(2)

Persons owning or occupying places of business within the City shall keep the sidewalks in front of their business premises free from litter.

Trucks causing litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.

Litter, liquid or solid, in sewers. No person shall throw or deposit litter in any storm or sanitary sewer, including rights-of-way.

Restrictions on distribution of handbills. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or public place within the City for any person to hand out or distribute a noncommercial handbill without charge to the person willing to accept it or to stock newspapers in a box for distribution with or without charge subject to reasonable limitations on the size, number, appearance, and placement of such boxes.

Placing handbills in or upon vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant to a vehicle who is willing to accept it.

Distributing handbills on posted property. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon any premises if requested by anyone thereon not to do so or if there is placed on said premises, in a conspicuous position near the entrance thereof, a sign bearing the words "no trespassing," "no peddlers or agents," "no advertisements" or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or have any such handbills left upon such premises.

Distribution of handbills on private premises.

(1)

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure and prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other private or public places, except that mailboxes may not be used when so prohibited by federal postal law or regulations.

(2)

Exceptions for mail and newspapers. The provisions of this subsection shall not apply to the distribution of mail by the United States nor to newspapers, as defined herein, except that newspapers shall be placed upon private property in such a manner as to prevent their being carried away by the elements.

Litter from aircraft. No person in an aircraft shall throw out, drop, or deposit within the City any litter, handbill, or other object.

Restrictions on posting notices. No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.

Litter on private property. No person shall throw or deposit litter on any occupied or private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited upon any street, sidewalk or public place or upon any private property.

Responsibilities of owners. The owner or person in control of any private property shall, at all times, maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in any authorized private receptacles for collection.

Removal of litter.

(1)

Notice to remove. The City of Lewes is hereby authorized and empowered to notify the owner of any open or vacant property within the City or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be given by certified mail and addressed to said owner at his last known address.

(2)

Action upon noncompliance. Upon the failure, neglect or refusal by any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within five days after the receipt of a written notice as provided in the foregoing subsection, the owner shall be cited for a violation in accordance with the provisions of this chapter.