[HISTORY: Adopted by the Mayor and Council of the Town of Middletown 6-6-1977 by Ord. No. A. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 86.
Property maintenance — See Ch. 119.
Sewers — See Ch. 136.
Solid waste — See Ch. 142.
Abandoned vehicles — See Ch. 163.
The following provisions shall constitute the Sanitary Code of the Town of Middletown and may be cited as such. The Sanitary Code contemplates the general supervision of all matters not otherwise provided for by law pertaining to the health protection and promotion and sanitary conditions of the town and the abatement of all nuisances prejudicial or suspected of being prejudicial to the health of the citizens or any of them, and for the prevention of the development and spread of communicable disease and the prevention or amelioration of other diseases or conditions inimical or suspected of being inimical to the public health.
A. 
As used in this chapter the following terms shall have the meanings indicated:
BOARD
The Health Board of New Castle County.
[Amended 9-8-1998]
EMPLOY
Includes retain, hire or engage.
INSPECTOR
An authorized representative of the Board.
OWNER
Includes agent, manager, proprietor, lessee, person, copartnership, company, association, firm or corporation, or prospective owner or agent, business or establishment.
OWNING
Includes controlling, leasing, acting as agent for, conducting, operating, managing, maintaining, occupying.
PERMIT
Permission in writing of the Board, issued according to the provisions of the code, of any statute or of the rules or regulations of the Board.
PERSON
Includes any individual, firm, association or corporation.
TOWN
Refers to the Town of Middletown.
[Amended 9-8-1998]
B. 
Word usage. All the words in the plural number shall include the singular number and all the words in the singular number shall include the plural.[1]
[1]
Editor's Note: Former Part (b), relating to the Board of Health of the Town of Middletown, which immediately followed this section, was repealed 9-8-1998.
The Board shall receive reports of such diseases as are declared reportable by the State Board of Health, and the Board through its rules and regulations shall maintain inspection and control, quarantine and isolation, control of and right to remove from schools, offer vaccination and immunization, cause the removal of persons with communicable diseases or carriers of the causative agents of communicable disease, provide for control of outbreaks of food poisoning and provide for the control of the care and transportation of the dead following certain communicable diseases.
[Amended 9-8-1998; 12-5-2016 by Ord. No. 16-11-01]
With the exception of water supply wells constructed as part of the Town of Middletown's water utility or other municipal activity, construction of potable and nonpotable water supply wells in the Town of Middletown is strictly prohibited.
A. 
It shall be unlawful for any person to make, dig, build, construct or maintain any privy, vault, latrine, septic tank, cesspool or water closet that is unconnected to the town sewer system.
B. 
The provisions of this section shall be enforced prior to January 1, 1972, only when the Board shall determine that there is a serious health hazard requiring earlier compliance in which case 90 days' notice shall be given.
[Amended 9-8-1998]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GARBAGE
Includes all kitchen and table waste of an animal or vegetable nature, swill, offal, vegetables, fruits, meats, fish, bones, fat, carrion, market refuse, dead cats and dogs, all putrescible matter, both solid and liquid, animal and vegetable, which may result from the preparation of meat, fish, fowl and vegetables of any character of which may be caused by the decay of food stuffs or by handling, storing or dealing in the same.
REFUSE
Includes waste material other than rubbish, ashes or garbage, that attends use or decay and accumulation from the occupancy of buildings or premises.
RUBBISH
Includes solid waste material accumulating or resulting from the use or occupancy of buildings or premises, such as paper, straw, excelsior, rags, old clothes, old shoes and other material of similar character.
B. 
Wrapping of garbage; storage. It shall be unlawful for any person to place or cause or suffer to be placed in receptacles any garbage that is to be collected and removed by the collector of garbage, unless such garbage has been thoroughly drained of its moisture and wrapped substantially. The wrapped garbage shall be placed and stored, awaiting removal or disposal, in suitable containers. Such containers shall be covered with tightly fitting lids.
C. 
Interference with garbage or containers. No person other than an authorized employee or agent of the town shall disturb or remove garbage containers or garbage placed in containers for collection, unless requested by the person to whom the container belongs.
D. 
Collection. It shall be unlawful for any person, other than the authorized representative of the town, to engage in the business of collecting or transporting garbage, refuse, rubbish or other waste materials without first obtaining a permit from the Board.
E. 
Structure and covering of vehicles. All vehicles transporting garbage, refuse or rubbish shall be securely built and either enclosed or covered securely with a tarpaulin so as to prevent the loss of contents during transportation.
F. 
Public dump. No rubbish, refuse or other waste or offensive materials shall be deposited on any public or private dump or place in the town except in accordance with the rules and regulations of the Board.
No person shall maintain any rendering or reduction plant or any plant engaged in the manufacture of materials, or any condition which creates obnoxious or offensive odors, fumes, gases or smoke except in accordance with rules and regulations of the Board. [1]
[1]
Editor's Note: Original Part (h), Weeds, was repealed 9-8-1998.
Motor vehicles no longer capable of self-mobility which are stored, maintained or allowed to be maintained in the open and outside of garages or other properly maintained storage spaces for a period in excess of 30 days are a nuisance and detrimental to public health and subject to all provisions of all ordinances relating to nuisances.
A. 
Accumulation of water. It shall be unlawful within the corporate limits of the town for any person to have, keep or maintain, cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated so as eventually to prevent such breeding.
B. 
Repositories of water. Any collection of water considered under Subsection A immediately above shall be held to be those contained in ditches, gutters, pools, ponds, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, barrels, troughs, urns, cans, boxes, bottles, tires, tubs, buckets, tanks or flush closets or other similar water containers.
C. 
Method of treatment of collections of water. The method of treatment of collections of water to prevent mosquito breeding shall be in accordance with the rules and regulations of the Board.
D. 
Acceptance of aid from other agencies. Nothing contained in this section shall be deemed to prohibit the use by the Board of the services and facilities of any commission, bureau or agency of the State of Delaware or the United States, the duties of which involve mosquito prevention or extermination, and any agent or representative of any such state or federal commission, bureau or agency who shall perform any act at the instance or request of the Board, connected with or incident to the proper enforcement of the provisions of this chapter shall be deemed an accredited agent or representative of the Board.
A. 
No person shall use in any building, vessel or other place in the town a fumigant, exterminator or insecticide for the destruction or control of insects, vermin, rodents or other pests, or engage in any business of such fumigation or extermination, without a permit issued therefore. This provision, however, shall not apply to a person using an exterminator or insecticide in his own home, building or place of business, except that if the place of business is one where food is stored, prepared or held or kept for sale, no poisonous exterminator or insecticide may be kept on the premises or used by such person other than an exterminator or insecticide containing any fluoride, colored nile blue, properly labeled and packed in nonrefillable containers in a manner prescribed by the Board.
[Amended 9-8-1998]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EXTERMINATOR OR INSECTICIDE
Includes any substance, not a fumigant, under whatever name known, used for the destruction or control of insects, vermin, rodents or other pests.
FUMIGANT
Includes any substance which by itself or in the combination with any other substance emits or liberates gas, fumes or vapors and which gas, fumes or vapors, when liberated and used for the destruction or control of insects, vermin or rodents or other pests are lethal, poisonous, noxious or dangerous to human life. [1]
[1]
Editor's Note: The following original sections, all immediately following this section, were repealed 9-8-1998: Part (l), Hygiene of Housing (as amended 6-7-1982); Part (m), Swimming Pools and Bathing Places; Part (n), Sanitation - Food and Drink; Part (o), Penalty.