Article III, Title 2 – Ordinance Concerning the Handling and Disposition of Garbage, Trash and Rubbish and the Fees Therefore
Felton, Delaware
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ARTICLE III
Title II
AN ORDINANCE:
CONCERNING THE HANDLING AND DISPOSITION OF
GARBAGE, TRASH AND RUBBISH AND THE FEES THEREFORE
Be It Ordained by the Commissioners of the Town of Felton in
Council Met:
Section 1 - It shall be unlawful for any person to throw,
place or deposit any trash, garbage, rubbish, ashes, refuse, or
other foreign substance, 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 Section 2 hereof.
Section 2 - Concerning the handling and disposition of
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garbage, trash and rubbish the following rules and regulations
shall apply:
Rule 1 - 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.
Rule 2- All trash and rubbish shall be contained in
individual containers and each of a capacity not exceeding
thirty-two (32) gallons. The containers shall have tight
fitting lids. Any trash or rubbish which has not been properly
placed in containers as provided by this Ordinance shall not be
accepted by the collectors and it shall be the duty of the
r\n responsible to immediately remove the lo
rubbish from the curb. At no time will trash and rubbish be
placed in small paper bags and placed on the curb for
collection.
All such bags shall be placed in proper containers
as described in this section.
Rule 3 - All brambles, sticks, tree trimmings and the like
shall be securely tied together in bundles each of which shall
not exceed fifty (50) pounds in weight or four (4) feet in
length.
All paper and cardboard shall be bundled with cord,
and such bundle shall not exceed fifty (50) pounds in weight or
four (4) feet in length.
Rule A - No waste food or animal or vegetable matter, or
any other waste matter commonly classed as garbage, shall be
included in any container or bundle of trash or rubbish.
Rule 5 - All trash, rubbish or garbage containers shall be
placed on the sidewalk curbline after 7:00 p.m. the day
preceding the day of collection.
All empty trash, rubbish or garbage containers shall be
removed by the owner by 12 o'clock midnight on the same day
that the collection is scheduled.
Rule 6 - All garbage shall be wrapped in paper, tied and
stored in fly proof containers, or garbage cans, not to exceed
thirty-two (32) gallons in size or seventy-five (75) pounds in
weight.
Rule 7 - No person 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.
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Rule 8 - All persons engaged in the collection and removal
of garbage including those employed by the Town for that
purpose, shall collect and transport the 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.
Rule 9 - No person shall put, place or throw any garbage,
trash or rubbish collected or gathered from one lot upon or in
front of any other lot within the Town without the expressed
consent and permission of the owner of such other lot so to do.
Rule 10 - All public waste containers placed by the
municipal corporation along any of the avenues, streets, alleys
and sidewalks of the Town shall be used by the members of the
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general public as the place or places of disposal of waste
paper and material as 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 residing in any dwelling either as owner, tenant,
employee or guest, shall dispose of or place any garbage,
trash, or rubbish in any public waste container of the Town
aforesaid.'
Rule 11 - Trash, rubbish and garbage collections scheduled
on a legal holiday will not be picked up until the next day
following the legal holiday, and said trash, rubbish and
garbage containers shall not be placed at the sidewalk curbline
for collection on such legal holidays.
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Section 3 - Definitions:
Unless the context specifically
indicated otherwise the meaning of terms used in this ordinance
shall be as follows:
a)
"Commissioners" shall mean the group of elected
officials acting as governing body for the Town of Felton.
b) "Person" shall mean an individual, firm, company,
association, society, corporation or group.
c)
"Shall" is mandatory; may is permissible.
d)
"Dwelling Unit" is a structure or that part of a
structure which is used as a home, residence or sleeping place
by 1 person or by 2 or more persons maintaining a common
household to the exclusion of all others.
e)
"Farm Unit" is a rental unit used by a tenant for
agricultural purposes to maintain a livelihood.
Section 4 - The provisions of this ordinance shall apply
to any dwelling units and to any farm unit where the average
pickup is less than (A) thirty-two gallon containers or their
eguivalent per pickup.
Any dwelling or farm unit whose average
pickup is more than (A) thirty-two gallon containers or their
eguivalent shall separately arrange for the disposal of their
trash, garbage or rubbish.
Section 5 - There shall be assessed against the owner
and/or tenant of each dwelling or farm unit which is receiving
trash collection service from the Town of Felton, a trash
collection service fee of $56.AO per annum effective March 1,
1988.
Said service charge to be assessed in guarterly
installments of $14.10 each to be billed in connection with the
water bill submitted to such person receiving water service.
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The rates may hereafter be revised and altered by resolution or
motion of the President and Commissioners from time to time.
The property owner shall be responsible for payment of the
service charge regardless of who actually resides at the
property.
Section 6 - Any person, firm, partnership, association or
corporation, or any organized group of persons who shall fail
to pay the trash collection charge assessed in accordance with
Section 6, above, for a period of 30 days shall be assessed a
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late charge of X^per cent (2i%Mper month.
Section 7 - Severability. If any of the provisions of
this ordinance or the application of any provision hereof shall
be held invalid, such invalidity shall not affect the remainder
of said ordinance, it being the intention of this Council that
such remainder shall be and remain in full force and effect.
This is a true and correct copy of the Ordinance duly
adopted by the Commissioners of the Town of Felton
date adopt *A\e
ATTEST :
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