ARTICLE I. - IN GENERAL


Sec. 7-1. - Registration of hazardous waste sites and payment of fees.

(a)

Each owner of any hazardous waste site ("site"), as defined in applicable federal standards and in the applicable provisions of title 7 of the Delaware Code and the regulations promulgated in connection with the administration thereof, shall register each site with the city's department of licenses and inspections. Such registration shall consist of completing a form identifying the owner(s) of the property and the status of its environmental hazardous waste site condition on July 1 of each year.

(b)

Each registration shall be accompanied by a fee of $600.00.

(c)

Each hazardous waste site or facility shall be fenced, enclosed or otherwise secured from access by members of the public by the facility's owner(s) or operator(s).

(d)

Any violations of the provisions of this section by failure to register, failure to pay the registration fee, or failures to fence in the hazardous waste site shall be punishable by a fine in the amount of $2,000.00.

(Ord. No. 98-112, § 1, 2-26-99; Ord. No. 99-115(sub 1), §§ 1—3, 2-3-00)

Sec. 7-2. - Public safety director to act in local disturbances.

(a)

Authorization. The director of public safety (the "director") is hereby authorized to take immediate action in certain circumstances of localized disturbances that may occur anywhere in the city. The director shall first be advised by the chief of police, or his or her designee, of the facts and circumstances giving rise to the possible action to be taken by the director. Such facts and circumstances may include, but shall not be limited to:

(1)

The time of day or night when the events occur;

(2)

The number of persons gathering, loitering, or menacing members of the public, or such persons having no clear lawful purpose in gathering;

(3)

The streets, highways, sidewalks, lanes or alleys affected by such persons' actions and the effects of the same on motor vehicle and pedestrian traffic, residential and commercial business activities, the peace, comfort, and repose of the nearby residents in their lawful activities;

(4)

The identification of businesses that are or may be negatively affected by the local disturbances;

(5)

The identification of any business or businesses, whether open or closed, at whose property or surrounding premises the gathering or local disturbance is taking place; and

(6)

The history of public safety activity, except that calls for service made by business owner should be viewed as favorable.

(b)

Director of public safety actions. In the event of such circumstances as described above, or any combination thereof, the public safety director may:

(1)

Order any business that is open, particularly a business as described in subsection (a)(5) above, to close and not to reopen until further order of the director;

(2)

Order that any business that is described in subsection (a)(1) or (a)(2) above that is not already closed, not to reopen until further order of the director;

(3)

Order that any public streets or ways within the area that the police department identifies to the police chief and public safety director as being part of the local disturbance area to be closed to motor vehicle traffic until ordered by the director to be reopened to motor vehicle traffic; and

(4)

Order the dispersal of individuals from gatherings in such area and such other lawful actions as the director, together with the chief of police, deem to be appropriate and necessary actions.

(c)

Violations and penalties. Any person or business acting in violation of any of the provisions of this section or any order of the director of public safety, or of the chief of police, or of any other law enforcement agent, acting pursuant to such orders, shall be punished upon conviction by a fine in an amount of not less than $100.00 up to the amount of $5,000.00 for each violation.

(Ord. No. 05-051(sub 1), § 1, 1-5-06)

Secs. 7-3—7-35. - Reserved.