Durham, NC Trash & Recycling: Bin Placement Rules (2026)
Key Facts
- Receptacle material
- Metal or plastic, watertight, tight cover
- Fly prevention
- Must stay covered at all times (§ 58-35)
- Defective cart
- Replaced on director's notice (§ 58-34)
- Civil penalty for damage
- $100 plus replacement cost per violation
- Criminal penalty
- Up to $100 fine, 30 days jail
- Appeal window
- 10 days to city manager
Summary
Durham requires garbage receptacles to be watertight metal or plastic containers with tight-fitting covers and strong handles that keep flies out, and any cart with ragged edges or other defects must be replaced once the director gives notice, per City Code §§ 58-33 through 58-35. Deliberately damaging a city-provided roll-out cart or recycling bin draws a $100 civil penalty plus replacement cost, and is also a misdemeanor.
Sec. 58-33. Receptacles shall be made substantially of metal or plastic; watertight and provided with tight-fitting covers and strong handles. Sec. 58-34. Any receptacle that does not otherwise conform to the provisions of this chapter or that has ragged or sharp edges or other defects liable to hamper or injure the persons collecting the contents thereof shall not be used for holding yard waste or any other material intended for collection, but shall be promptly replaced, on notice by the director, by a proper receptacle as a condition to collection of the contents of that receptacle. Sec. 58-36. (a)Prohibition. It shall be unlawful for any person to deliberately set fire to, put hot ashes in, drive over, crack or otherwise damage or destroy a roll-out refuse cart or recycling bin that has been provided by the city.(b)Civil penalty. Any person who violates this section shall be assessed a civil penalty of $100.00 plus the cost of replacing the roll-out cart or recycling bin for each violation. ... (e)Criminal. Any person who violates this section shall be guilty of a misdemeanor. The maximum fine shall be $100.00 and the maximum term of imprisonment shall be 30 days.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Section 58-33 requires refuse receptacles to be made substantially of metal or plastic, watertight, and fitted with tight-fitting covers and strong handles. Section 58-35 adds that all garbage receptacles must be constructed and maintained, and kept covered, so as to prevent flies from entering at all times. Section 58-34 bars using any receptacle that doesn't meet those standards, or that has ragged or sharp edges or other defects that could hamper or injure the collection crew, for holding yard waste or other material set out for collection; on notice from the director, a defective receptacle must be promptly replaced with a compliant one as a condition of continued collection.
Section 58-36 separately protects the roll-out carts and recycling bins the city itself provides: it is unlawful to deliberately set fire to one, put hot ashes in it, drive over it, or otherwise crack, damage, or destroy it. The director of sanitation assesses a civil penalty of $100 plus the cost of replacing the cart or bin for each violation, and a person assessed can request a hearing with the city manager within ten days of the notice, with a decision due within 30 days that is final.
The same conduct is also charged criminally as a misdemeanor, carrying a maximum fine of $100 and up to 30 days imprisonment. For multifamily and commercial sites using stationary bulk containers instead, Section 58-68 requires the container's location to allow safe truck access while being kept as aesthetically pleasing as circumstances reasonably allow.
Violations & Fines
Setting out a receptacle that isn't watertight, lacks a tight-fitting cover, or has ragged or sharp edges violates Section 58-33/58-34 and can result in the city refusing collection until it is replaced. Deliberately damaging a city-issued roll-out cart or recycling bin, by fire, hot ashes, or driving over it, carries a $100 civil penalty plus replacement cost under Section 58-36(b), reviewable by the city manager within ten days, and is separately a misdemeanor punishable by up to a $100 fine and 30 days in jail.
Frequently Asked Questions
What kind of garbage can I set out in Durham for collection?
What's the penalty for damaging a city-issued Durham trash cart?
Can I appeal a Durham civil penalty for a damaged trash cart?
Sources & Official References
Other rules in Durham
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