ARTICLE II. - STORAGE OF RUBBISH, TRASH AND LITTER
Part of the Code of Ordinances of Bristol, RI.
The text
DIVISION 1. - GENERALLY#
Sec. 13-36. - Purpose and intent of article.#
The town council finds and declares that: (1)
The town has a history and reputation for well-kept properties, and that the property values and general welfare of this community are founded, in part, upon the appearance and maintenance of properties.
(2)
The existence of sites of littering, illegal dumping and accumulated garbage, refuse and rubbish is injurious and inimical to the public safety and welfare of the residents of the town and that the regulation of such conditions reasonably relates to the proper exercise of the police power in the protection of the health, safety and welfare of the public.
Sec. 13-37. - Definitions and construction of terms.#
Without limiting the generality of the terms "rubbish," "trash," "debris," and "refuse," such terms shall, for the purposes of this article, mean and include all forms of putrescible and nonputrescible solid wastes, including garbage, ashes, street cleanings, dead animals, abandoned automobiles, paper, cardboard, tin cans, yard clippings, wood, glass, scrap metal, bedding, crockery, refrigerators, stoves and similar materials. Cross reference— Definitions generally, § 1-2.
Sec. 13-38. - Littering generally.#
No refuse or waste of any kind shall be thrown or deposited on any sidewalk, street or thoroughfare in the town nor on any private property adjacent thereto.
Sec. 13-39. - Depositing debris or decomposable organic matter.#
It shall be unlawful for any person to throw or deposit or to cause or permit to be thrown or deposited any rubbish, debris or any waste matter of any kind, or any decomposable organic matter which might create a nuisance, or act as a breeding place for flies, mosquitoes or vermin, or as food for rats, or any combustible material which might serve to increase the danger of fire upon any public or private land in the town.
Sec. 13-40. - Sanitary maintenance of premises.#
(a)
Generally. It shall be unlawful for any owner of any lot, parcel or tract of land within the town to permit rubbish, trash, debris, dead trees or other unsightly or unsanitary matter to remain thereon.
(b)
Neglected premises. It shall be the duty of any person owning or controlling a house or other building or premises, including vacant lots visible from any public place or private premises, to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter, refuse, rubbish and trash thereon.
(c)
Maintenance of areas around business premises. The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects and gas stations shall at all times keep the premises clean of all litter, refuse, rubbish and trash, and shall take measures to prevent the same from being carried by the elements to adjoining premises.
Sec. 13-41. - Junked vehicles.#
No owner, operator or occupant of any building, structure, dwelling or dwelling premises, and no operator or owner of any motor vehicle described in this section, shall keep, park, store or leave any inoperative wrecked, junked or dismantled motor vehicle of any kind, or parts thereof, on any premises within the city, except in connection with a legally operated enterprise. For the purposes of this section, the term "inoperative" shall mean any motor vehicle that is either unregistered or has no valid inspection sticker. Nothing contained in this section shall be construed to prohibit any person from maintaining or repairing his own motor vehicle on his own premises in a manner not otherwise prohibited by law. Cross reference— Junked or abandoned vehicles generally, § 16-231 et seq.
Sec. 13-42. - Sewage; fetid waters; conditions breeding mosquitoes.#
(a)
No owner, occupant or agent of any building or premises shall permit any sewage, garbage, contents or drainage of a privy vault, septic tank, cesspool, water closet or sink drain, or any other filth, to empty on the surface of the ground or enter into any drains designed for the removal of surface water or any ditch, brook, stream or body of water.
(b)
No owner, occupant or agent of any building or premises shall permit stagnant and fetid waters to collect or remain in any hog pen or sty, under any stables, barns or cellars under dwelling houses or stores, and shall remove the stagnant and fetid waters at such times and under such regulations and restrictions as the board of health shall order and direct.
(c)
No owner, occupant or agent of any building or premises shall permit the existence or presence of any water or other liquid in which mosquito larvae breed or exist.
Cross reference— Sewers and sewage disposal generally, ch. 22.
Sec. 13-43. - Registration of wells.#
Any person owning or having control of any building or premises whose primary or secondary source of potable water is supplied by any other method than a recognized water authority is to register the source with the town building official upon passage of Ordinance No. 1993-18. Any person owning or having control of any building or premises that receives a less than acceptable water quality inspection must register such inspection with the town building official within ten days of receiving such report.
Sec. 13-44. - Placing or depositing harmful, offensive substances in streets, ways and streams.#
No person shall place or cause to be placed or left in or upon any public or private street or way, enclosure or ground, or in any body or stream of water within the town the body of any dead animal, fowl or any substance or material that is or may become offensive or cause a nuisance or may tend to obstruct the flow of any stream.
Sec. 13-45. - Restriction on storage of rags, paper and other refuse in dwellings.#
No old rags, old papers or other refuse material shall be brought into or allowed to remain within any building used as a dwelling, if gathered from any source outside of such building.
Secs. 13-46—13-65. - Reserved.#
DIVISION 2. - ENFORCEMENT PROCEDURE#
Sec. 13-66. - Order to comply.#
Upon violation of the provisions of division 1 of this article, it shall be the duty of the building inspector to give notice to the owner of such property to comply with the requirements of division 1 of this article within 15 days after the service of such notice.
Sec. 13-67. - Notice of violation.#
Upon a finding by the building inspector that a property within the town is in such condition as to be in violation of the requirements of division 1 of this article he shall give notice to the owner of such property to comply with the requirements of division 1 of this article within 15 days after service of the notice. Such notice shall contain a statement of the building inspector's findings as to violations, a description of the property and the estimated cost of clearing such property or the removal or remedying the conditions thereof found to be violating this article. Such notice may be given personally or by certified or registered mail, addressed to the owners of the property described, as their names and addresses are shown upon the records of the tax assessor. Service of such notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid.
Sec. 13-68. - Correction by town; lien for expense.#
Upon failure of the owner of premises found in violation of division 1 of this article to remedy the conditions existing in violation of the requirements of division 1 of this article within 15 days after service of notice to do so, then the building inspector shall proceed to have such conditions remedied. The cost shall become a lien against such property to the same extent and character as the lien for real estate taxes and with the same penalties and interest and with the same rights of collection, foreclosure, sale and forfeiture as obtained for tax liens.
Sec. 13-69. - Filing of lien.#
Upon the making of a finding of a violation of the provisions of division 1 of this article, the building inspector shall deliver a certified copy of such violation and of the notice to the town clerk. The town clerk shall place the same on record as a lien against the property described therein. It shall also be the duty of the building inspector to file such other certificates as to work done and amounts due and/or paid as the circumstances may require.
Sec. 13-70. - Assessment of costs.#
Upon completion of the required work by the town, as provided in subsection (e) of this section, notice of such abatement and of the cost assessed therefor shall be given to the owner in the same manner as prescribed for notices of violation in subsection (c) of this section, and the sum assessed shall be due and payable 30 days after such notice of completion and cost, unless such assessment shall be appealed to the town council prior to the expiration of such 30-day period.
Sec. 13-71. - Appeal.#
Any person owning all or any interest in property coming under the provisions of division 1 of this article shall have the right to appeal the finding of violation within 15 days of service of the notice of such violation. Any such person shall have the right to appeal the assessment of costs within 30 days of service of notice of such assessment. Such appeals shall be taken to the building board of appeals.
Sec. 13-72. - Penalty for violations of division 1 of this article.#
Any person violating any of the provisions of division 1 of this article, upon conviction, shall be punished by a fine not exceeding $50.00, and each day of such violation shall constitute a separate offense. State Law reference— Order to remove refuse, solid waste, etc., G.L. 1956, § 23-19.2-4 et seq.