Introduced by:  Councilman Robert S. Weiner
Date of introduction:  May 22, 2007

SUBSTITUTE NO. 2
TO
ORDINANCE NO. 07-047

TO AMEND NEW CASTLECOUNTY CODE CHAPTER 7 (ALSO KNOWN AS THE “PROPERTY MAINTENANCE CODE”) PERTAINING TO THE PLACEMENT OF DUMPSTERS

            WHEREAS, New Castle County is charged with the responsibility to protect the health, safety, and welfare of citizens of New Castle County; and

            WHEREAS, New Castle County adopted a new Property Maintenance Code which became effective on June 7, 2005; and
                                                                                                                       
            WHEREAS, New Castle County believes it is in the best interests of County citizens to update and improve the Property Maintenance Code as warranted; and

            WHEREAS, New Castle County finds it necessary to regulate the placement of dumpsters so as to prevent a detrimental nuisance to adjacent properties; and

            WHEREAS, New Castle County Council finds that the provisions of this ordinance are rationally and reasonably related to legitimate government interests including, but not limited to, the protection and preservation of the public health, safety, prosperity, general welfare and quality of life.

NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:

            Section 1.  New CastleCountyCode Chapter 7 (“Property Maintenance Code”), Section 7.01.002 (“Amendments to the International Property Maintenance Code”), Chapter 2 (“Definitions”) is hereby amended by adding the material that is underscored, as set forth below.

CHAPTER 2.  DEFINITIONS.

Section PM 202.  DEFINITIONS.

Accessory Structure.  A building or structure…

Dumpster.  Any container or bin capable of storing, transporting, receiving, hauling, or emptying over 150 gallons of garbage, trash, refuse, waste, or materials including, but not limited to, commercially available roll-off units.

Dwelling unit…

            Section 2.        New Castle County Code Chapter 7 (“Property Maintenance Code”), Section 7.01.002 (“Amendments to the International Property Maintenance Code”), Chapter 3 (“General Requirements”) is hereby amended by deleting the material in brackets and adding the material that is underscored, as set forth below.

CHAPTER 3.  GENERAL REQUIREMENTS

Section PM 301.  GENERAL.

…

SECTION PM 307.  RUBBISH AND GARBAGE

…

Section PM 307.2.2, Appliances,…

Section PM 307.3, Dumpsters.  In any residentially zoned district, the placement of dumpsters for disposable items is allowed for temporary use by the occupant of the dwelling for thirty (30) days or the time period for which there is an active building permit open on the property.  Such dumpster(s) are subject to the following limitations:

Section PM 307.3.1, The dumpster(s) shall be set back a minimum of three (3) feet from any property line; and

Section PM 307.3.2,  The dumpster(s) must be placed on a hard concrete or asphalt    surface and may displace one or more off-street parking spaces, provided there is adequate on-street parking; and

Section PM 307.3.2.1, Exception.  In the event that it is unfeasible to place the dumpster on either a hard concrete or asphalt surface as required in Section PM 307.3.2, the dumpster may be placed anywhere on the property. 

            Section PM 307.3.3, The location of the dumpster(s) shall not affect the health,                         safety, and/or welfare of the neighborhood including, but not limited to,                                    blocking access to a fire hydrant and obstructing the view of street                                         intersections.

SECTION PM 308.  EXTERMINATION

Section PM 308.1., …

            Section 3.        Inconsistent ordinances and resolutions repealed.  All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith are hereby repealed upon the effective date of this ordinance.

            Section 4.        Continuation of existing ordinances and resolutions.  The sections appearing in this ordinance, so far as they are in substance the same as those ordinances and resolutions adopted and included in the New Castle County Code, shall be considered as continuations thereof and not as new enactments.

            Section 5.        Continuation of existing institutions, rights and liabilities.  The revisions of prior ordinances, resolutions, rules and regulations, provided for in this ordinance, shall not affect any act done, or any cause of action accruing or accrued or established, or any suit or proceeding and/or commenced in any civil action, nor any plea, defense, bar or matter existing before the time when such revisions shall take effect; but the proceedings in every such case shall conform with this ordinance to the extend applicable.

            All provisions of ordinances, resolutions, rules and regulations revised by this ordinance shall be deemed to have remained in force from the times when they began to take effect, so far as they may apply to any department, agency, office or trust or of any transaction or event of any limitation or any right or obligation or the construction of any contract already affected by such ordinances, resolutions, rules, and regulations, notwithstanding the revisions of such provisions.
            No offense committed and no penalty or forfeiture incurred, under any of the ordinances, resolutions, rules and regulations revised by this ordinance and before the time when such revisions shall take effect shall be affected by such revisions.

            No such action or prosecution, pending on the effective date of the revisions provided in this ordinance, for any offense committed or for the recovery of any penalty or forfeiture incurred under any of the ordinances, resolutions, rules and regulations revised herein shall be abated or affected by such revisions, except that the proceedings in such action or prosecution shall conform with this ordinance if applicable.

            The provisions of this ordinance shall not be construed to abolish or impair existing remedies of New Castle County or its officers or agencies relating to the remediation of any dangerous, unsafe, or unsanitary condition.

            Section 6.        Severability.  It is hereby declared to be the intention of the County Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid  judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance.  If any provision of this ordinance is found to be unconstitutional or void, the applicable former ordinance provisions shall become effective and shall be considered as continuations thereof and not as new enactments regardless if severability is possible.

            Section 7.        Other laws.  The provisions of this Chapter shall not be deemed to nullify any provisions of local, state, or federal law except as stated in Section 1 above.

            Section 8.        Effective date.  This ordinance shall become effective immediately upon its adoption by County Council and approval by the County Executive, or as otherwise provided in 9 Del. C. Section 1156.

SYNOPSIS:  
This Ordinance creates the minimum standards for the use of dumpster(s) on commercial and residential properties. 

FISCAL NOTE:  

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