§ 1524 — Dumping of garbage, rubbish, ashes or other waste material; penalty for violation

(a) The County Council may regulate or prohibit the dumping of rubbish, garbage, ashes or any other waste material in or upon land within the County outside of any incorporated municipality and, for that purpose, adopt and from time to time amend or rescind, suitable ordinances, rules or regulations; provided however, that this section shall not apply to the Appoquinimink Hundred and Blackbird Hundred of New Castle County.

(b) The County Council shall have power to license public garbage collectors who comply with and meet the requirements of the rules, regulations and ordinances adopted by the County Council. The County Council shall charge each public garbage collector $100 per year for said license.

(c) Whoever violates the regulations of the County Council established under this section shall be punished by a fine not exceeding $200, or imprisonment not exceeding 30 days, or both. In the case of continuing violations, each day of such violation shall constitute a separate offense.

(d) The County Council or any owner of real estate within New Castle County injured by a violation of any ordinance, rule or regulation adopted by the County Council pursuant to this section, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings, to prevent, enjoin, abate or remove any violations against regulations adopted pursuant to this section.

Legislative History

Code 1935, c. 43; 48 Del. Laws, c. 378, § 1 ; 9 Del. C. 1953, § 1525; 52 Del. Laws, c. 104 ; 55 Del. Laws, c. 85, §§ 7J-7L ; 55 Del. Laws, c. 128 ; 71 Del. Laws, c. 401, § 15