Town of Selbyville, DE Chapter 150 Solid Waste

[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville 9-11-2000 by Ord. No. 114. Amendments noted where applicable.]

§ 150-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GARBAGE

Every refuse accumulation of animals, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fruit or vegetables.

RUBBISH

Waste material and refuse of every character collected or accumulated within the Town, except garbage, and shall include by way of enumeration but not by way of limitation grass, leaves, sticks, tree branches, stone, concrete, old boards, broken glass, used furniture or household appliances, old tires, vehicles, parts or related equipment, and other obvious junk, salvage or unsightly materials, tin cans, newspapers, boxes, barrels, crates, equipment, wood and ashes.

§ 150-2 Restrictions on disposal.

It shall be unlawful for any person to throw, place or deposit any garbage, trash, rubbish, ashes, refuse, grass cuttings or other foreign substances upon any sidewalk, crosswalk, avenue, street, lane, alley, park or other public place within the Town or upon any property owned by the Town or upon any property over which the police power of the Town extends, except as provided in § 150-3 hereof.

§ 150-3 Regulations.

In respect to the handling and disposition of garbage, trash and rubbish, the following rules and regulations shall apply:

A. The owner or occupier of any given lot shall place all trash and rubbish along the curb in front of such lot in order that it may be conveniently removed by the collector thereof.

B. All trash and rubbish shall be contained in individual containers, each of a capacity not exceeding 50 pounds.

C. All brambles, sticks, tree trimmings and the like shall be securely tied together in bundles, each of which shall not exceed 50 pounds in weight.

D. All rubbish or trash containers shall be removed from the front of any given property within 24 hours after same shall have been emptied by the collector and, when full, shall be placed along the curb in front of the property not sooner than 12:00 noon of the day preceding the day that same normally will be collected by the collector.

E. No persons shall dispose of any garbage by throwing or placing it upon any lot within the confines of the Town or within a distance of one mile of the Town limits.

F. All persons engaged in the collection and removal of garbage, including those employed by the Town for that purpose, shall collect and transport same through or along the avenues, streets, lanes, alleys or other public ways of the Town in a sanitary, covered liquid-tight container or motor vehicle body only.

G. All public waste containers placed by the Town along any of the avenues, streets, alleys and sidewalks of the Town shall be used by the members of the general public as the place or places of disposal of wastepaper and material accumulated by members of the general public, aforesaid, while using the public ways of the Town, aforesaid. To this end no person engaged in business, either as owner, manager, operator, employer or other capacity, and no person shall dispose of or place any garbage, trash or rubbish in any public waste container of the Town aforesaid.

H. It shall be unlawful for any property owner or occupier of any property within the corporate limits of the Town to permit or authorize any person who does not reside upon the same premises as the property owner or occupier to deposit, put or place any garbage, trash or rubbish upon property owned or occupied by such property owner or occupier to be collected and removed by employees of the Town.

I. It shall be unlawful for any person, firm or corporation to transport any garbage, trash or rubbish from outside the corporate limits of the Town and to deposit such garbage, trash or rubbish to any place within the corporate limits of the Town to be collected and removed by contractors or employees of the Town.

J. It shall be unlawful for any commercial hauler or commercial collector of garbage or rubbish or both of them to collect garbage or rubbish or both within the corporate limits of the Town of Selbyville between the hours of 7:00 p.m., prevailing time, until 7:00 a.m., prevailing time, of the morning of the following day.

K. The owners of all residential houses, buildings or properties used for human occupancy, recreation or other purposes, situated in an area served by the Town and abutting on any public street, alley, easement or right-of-way, shall use the Town-sponsored trash and garbage removal service, at the expense of the owner of the property.

[Added 3-10-2003]

§ 150-4 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 for the first such conviction. For a second conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 for each conviction. Such person, firm or corporation so convicted shall pay the costs of prosecution, including the Town's reasonable attorney's fees and Victim's Compensation Fund assessment.