Chapter 94 GARBAGE AND REFUSE

As used in this chapter the following definitions shall apply.
(A) “Refuse.”
(1) “Garbage.” Includes all animal debris, fruit or vegetable matter, and all other substances capable of decay, fermentation, or putrefaction.
(2) “Combustible refuse.” Includes grass, limbs of trees, paper, waste paper, rags, floor sweepings, and all discarded materials capable of combustion.
(3) “Noncombustible refuse.” Includes tin cans, glassware, crockery, bottles, ashes, cinders, clinkers, and all discarded material noncombustible in nature.
(B) The recital of illustrative inclusions under the above definitions are by way of example rather than limitation. (‘69 Code, § 94.001)

The city shall, through its employees or by contract, provide for the collection of refuse in all residential, commercial and industrial districts at stated intervals not less than once each week, provided that residents conform to the regulations hereinafter set forth. (‘69 Code, § 94.005; Am. Ord. 683, passed 11-18-75; Am. Ord. 1457, passed 1-7-03)

All refuse shall be collected from alleys wherever possible and wherever the person desiring to dispose of the refuse owns or inhabits property abutting a passable alley, the refuse shall be deposited at the alley for collection. When no alley abuts the premises where the refuse is to be collected, then the collection shall be made from the curb immediately in front of the premises. (‘69 Code, § 94.010)

(A) Separate containers shall be provided by the person, firm, or corporation desiring to dispose of the refuse.
(1) Garbage shall be placed in covered metal containers and all of the garbage shall be wrapped in heavy paper before being placed in the container.
(2) Combustible refuse shall be placed in a container separate from garbage, sufficiently tight to prevent scattering, but no cover for such container shall be required.
(3) Noncombustible refuse shall be placed in a container sufficiently tight to prevent scattering, but no cover for such container shall be required.
(B) Should either combustible or noncombustible refuse be of a size or nature incapable of being placed in a container then it shall be neatly piled beside the container for convenient handling, but this shall not be deemed to permit the piling of material susceptible to scattering by wind nor any material capable of being placed in containers.
(C) Containers shall not be filled beyond a point where the top level of the contents is above the top level of the container.
(D) Where limbs of trees or shrubs are placed for collection, they shall be cut in lengths not to exceed four feet and bundled in bundles securely tied not to exceed 60 pounds in weight.
(E) Nothing contained in this section shall be construed to obligate the city to collect materials created by the demolition, remodeling, or construction of any building or structure in excess of 100 pounds from any one location in any one week. (‘69 Code, § 94.015; Am. Ord. 881, passed 5-3-83) Penalty, see Section 94.99

The commissioner of streets shall subdivide the city into various zones for the collection of garbage and shall fix the date or day of the week upon which the collection is to be made from each zone. No refuse which is to be deposited for collection at any curb shall be so placed more than 24 hours prior to the collection day. (‘69 Code, § 94.020) Penalty, see Section 94.99

(A) No person, firm, or corporation shall deposit any refuse, as defined above, in or upon the streets, alleys, parkways, curbs, or sidewalks of this city, except in the manner provided above. The practice of sweeping the dirt off the floors of commercial buildings onto abutting sidewalks is prohibited. All sweepings shall be collected and placed in containers, as above set forth.
(B) The intentional dumping of outside residential/commercial refuse shall be prohibited in or on city owned property or refuse containers. Refuse accumulated while using the parks shall be exempt. (‘69 Code, § 94.030; Am. Ord. 1631, passed 4-20-04) Penalty, see Section 94.99

There is established a fee for residential garbage, yard waste, refuse and recycling collection. The council may change the rates from time to time by the method of a resolution.
Such fees shall be included in the city of Wilmington water and/or sewer bill to each water or sewer user and shall be payable quarterly with such utility bill. Such fees shall become effective on the first day of May, of the year the rate increases. If the owner or occupant of the premises does not use city water or city sewer, such charge shall be billed bi-monthly by a separate billing. The due date for all billings shall be the same due date as for the water or sewer bills. (Ord. 907, passed 4-18-84; Am. Ord. 968, passed 4-22-86; Am. Ord. 997, 3-3-87; Am. Ord. 1030, passed 4-5-88; Am. Ord. 1054, passed 4-4-89; Am. Ord. 1123, passed 4-2-91; Am. Ord. 1177, passed 11-10-93; Am. Ord. 1183, passed 4-19-94; Am. Ord. 1200 passed 4-4-95; Am. Ord. 1272, passed 3-3-98; Am. Ord. 1325, passed 2-1-00; Ord. 1558 passed 6-17-03) Penalty, see Section 94.99

(A) The charges fixed in this chapter for the collection, removal, and disposal of garbage or refuse shall be entered in their respective accounts as charges against each owner, occupant, tenant, or lessee of the premises, and the amount so fixed and charged shall be collected quarterly in connection with and as part of the water bill or sewer bill of the city; or shall be billed separately as hereinbefore provided if no water bill or sewer bill is rendered to that owner, occupant, tenant, or lessee.
(B) Should any owner, occupant, or lessee of any place of abode fail or refuse to pay the charges fixed against him and his place of abode when due, the city shall have the right to disconnect the water service to his place of abode against which such garbage assessed. If no water bill is rendered to the owner, occupant, tenant or lessee, then the city shall place a lien against the premises for the collected bill. (Ord. 907, passed 4-18-84)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 881, passed 5-3-83; Am. Ord. 907, passed 4-18-84; Ord. 1574, passed 7-15-03)