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Sec. 16-61. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized private receptacle means a litter storage and collection receptacle.
Enforcement officer means any police officer of the Town of Burrillville.
Garbage means decomposable animal and vegetable wastes including but not limited to those resulting from the handling, preparation, cooking and consumption of food.
Litter means garbage, refuse and rubbish, as defined in this section, and all other waste material which, if thrown or deposited as prohibited in this article, including but not limited to those that tend to constitute a hazard, or the presence of which is offensive to a person of ordinary sensibility.
Park means a park, reservation, playground, beach, recreation center or any other public area in the town, owned or used by the town, and devoted to active or passive recreation.
Private premises means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch or steps belonging or appurtenant to such dwelling, house, building or other structure.
Public place means any street, sidewalk, boulevard, alley or other public way; including but not limited to any public park, square, space, grounds or building; and including but not limited to town property and state property.
Refuse means all decomposable and nondecomposable solid wastes, except body wastes, including but not limited to garbage, rubbish, ashes, street cleanings, abandoned automobiles, and solid market and industrial wastes.
Rubbish means all nonputrescible solid waste, excluding ashes, consisting of both combustible waste including but not limited to wastes such as paper, cardboard, plastic containers, yard clippings, wood, cigarette packs, cigarette butts, wrappers and noncombustible wastes such as tin cans, glass, bottles and crockery.
Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(Ord. of 5-9-2007(1))
Sec. 16-62. - Depositing on streets, sidewalks, etc.#
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the town except in public receptacles in authorized private receptacles for collection or in official city dumps or sanitary landfill areas.
(Ord. of 5-9-2007(1))
Sec. 16-63. - Placement in receptacles.#
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. of 5-9-2007(1))
Sec. 16-64. - Litter to be disposed of in receptacles.#
It shall be unlawful for any person going upon the premises of another to dispose of litter while on such premises, except in receptacles provided for such purposes with the consent of the owner or person in control of such receptacle.
(Ord. of 5-9-2007(1))
Sec. 16-65. - Sweeping into gutters prohibited; sidewalks in front of privately owned premises to be kept free of litter.#
No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Ord. of 5-9-2007(1))
Sec. 16-66. - Merchants to keep sidewalks free of litter.#
No person owning or occupying a place of business, golf course or country club shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business, golf courses or country clubs within the town shall keep the sidewalk in front of their business premises, golf course or country club free of litter.
(Ord. of 5-9-2007(1))
Sec. 16-67. - Throwing, depositing from vehicles prohibited.#
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town or upon private property.
(Ord. of 5-9-2007(1))
Sec. 16-68. - Truckloads causing litter.#
No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
(Ord. of 5-9-2007(1))
Sec. 16-69. - Depositing in parks.#
No person shall throw or deposit litter in any park within the town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article.
(Ord. of 5-9-2007(1))
Sec. 16-70. - Depositing on occupied private property.#
No person shall throw or deposit litter on any occupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
(Ord. of 5-9-2007(1))
Sec. 16-71. - Owner to maintain premises free of litter.#
The owner or person in control of any private property shall at all times maintain the premises free of litter, provided that this action shall not prohibit the storage of litter in authorized private receptacles for collection.
(Ord. of 5-9-2007(1))
Sec. 16-72. - Depositing on vacant lots.#
No person shall throw or deposit litter on any open or vacant private property within the town, whether owned by such person or not.
(Ord. of 5-9-2007(1))
Sec. 16-73. - Distributing commercial and noncommercial handbills at inhabited private premises; exemption for newspapers.#
(a)
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited so as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(b)
The provisions of this section shall not apply to the distribution of mail by the United States or other duly licensed delivery specialists, nor to newspapers except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. of 5-9-2007(1))
Sec. 16-74. - Posting notice prohibited.#
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility post or shade tree, or upon any public property, or in any manner prohibited under GL 1956, § 5-18-1, except as may be authorized or required by law.
(Ord. of 5-9-2007(1))
Sec. 16-75. - Notice to remove.#
(a)
Upon a finding by any police officer of the town that any property within the town is in such condition as to be in violation of the requirements of this article, he or she shall give notice thereof to the owner or owners of the property on which the litter is located to comply with the requirements of this article within 24 hours after service of notice. Such notice shall contain a statement of the findings of the officer as to violations and a description of the property. Such notice may be given personally or by certified mail to the owner or owners of the property described as their names and addresses are shown upon the records of the tax assessor of the town, and service of such notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with postage prepaid and/or by posting a certified copy on the premises and/or by advertising in one or more newspapers. Nothing in this section shall prohibit town employees from removing litter, including but not limited to items prohibited by section 16-74, from any public place, as defined herein.
(b)
Enforcement authority. Any police officer of the town is authorized to:
(1)
Issue a written citation, or summons to municipal court, if such officer witnesses a violation, or has probable cause to believe that a person has violated the provisions of this article.
(2)
Investigate any litter found thrown, deposited, or dumped on a public place, or at the owner or owners' written request on private property as well.
(3)
Issue a notice of violation and order the removal of said litter pursuant to procedures defined in section subsection 16-75(a) of this article.
(Ord. of 5-9-2007(1))
Sec. 16-76. - Failure to comply.#
Upon failure of the owner or owners of such premises to remedy the conditions existing in violation of the requirements hereof within seven days after service of notice to do so as provided herein, then the chief of police or his/her designee may proceed to have such conditions remedied either by the Town of Burrillville or through a private contractor so retained by said town. Said owner or owners shall then be cited to appear before the Burrillville Municipal Court where, upon conviction, said owner or owners shall be fined in accordance with the ordinances of the Town of Burrillville, and shall be required to pay the costs of remediation and cleaning incurred by the town.
(Ord. of 5-9-2007(1))
Sec. 16-78. - Notice of completion of work.#
Upon completion of the required work by the town as provided in sections hereof, notice thereof and of the cost assessed therefore shall be given to the owner in the same manner as prescribed for notice of violations in section section 16-75 of this article, and the sum assessed shall be due and payable within 30 days after such completion and cost, as ordered by the municipal court.
(Ord. of 5-9-2007(1))
Sec. 16-79. - Right to appeal.#
Any person owning all or any interest in said property shall have the right to appeal the findings of violation within seven days of service of the notice thereof to the municipal court. Appeals from any decision of the municipal court under section 16-76 herein, may be appealed to the superior court within seven days under section 11-6 of the Town of Burrillville Code of Ordinances.
(Ord. of 5-9-2007(1))