The text
Footnotes:
--- (1) --- State Law reference— Refuse disposal, G.L. 1956, § 23-18.9-1 et seq.; littering, G.L. 1956, § 37-15-6.
ARTICLE I. - IN GENERAL#
Sec. 30-1. - Transportation.#
No person shall transport over any street of the city any house offal, garbage, fruit, vegetable, wastepaper, cardboard cartons or other refuse whatsoever, or sand, gravel, crushed rock, coal or ashes, except in such a manner as will prevent the same from falling to and littering the streets or sidewalks of the city.
(Code 1973, § 11-1; Code 1994, § 32-1; Ord. of 11-8-2021(1), § 1)
State Law reference— Prevention of load leakage, G.L. 1956, § 31-25-9; fastening and covering of load, G.L. 1956, § 31-25-9.
Sec. 30-2. - Littering.#
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Excrement means manure, human or animal waste, or human or animal excrement.
Garbage means putrescible animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food.
Household litter means any waste material generated or accumulated in or about a person's household, transported from such household, and then thrown, deposited or placed in any public receptacle.
Litter means garbage, trash, waste, refuse, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by the person, or in or on waters of the state, unless the person has: (1)
Been directed to do so by a public official as part of a litter collection drive;
(2)
Discarded, thrown, dropped, placed, or discarded the material in a litter receptacle in a manner that prevented the material from being carried away by the elements; or
(3)
Been issued a license or permit covering the material pursuant to G.L. 1956, tit. 23, chs. 18.9 and 19.1.
Public property means and includes all streets, sidewalks, boulevards, alleyways, highways, squares, spaces, grounds, parks, reservations, playgrounds, lands or buildings owned, controlled or maintained by the city.
Public waters means and includes all rivers, streams, lakes, ponds, and other bodies of water owned, controlled or maintained by the city and to which the public has the right to access.
Refuse means all putrescible and nonputrescible solid waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles or parts thereof, solid markers, and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.
(b)
Prohibited. No person shall throw, deposit, place, cast, scatter, pile, leave or lay any litter in, about or upon any property or public waters in the city except in public receptacles provided for such purpose, in authorized private receptacles for collection, or in public dumps; except, further, that no person shall deposit, place or leave any household litter, garbage or refuse in such public receptacles.
(c)
Fine. The fine for a first violation of this chapter shall be $250.00, plus the costs of collecting, removing, and dumping the litter which was discarded in violation of this chapter. The fine for any subsequent violation of this chapter shall be $500.00 plus the costs of collecting, removing, and dumping the litter which was discarded in violation of this chapter.
(d)
Enforcement.
(1)
Pursuant to G.L. 1956, § 37-15-5, the department of code enforcement and zoning is hereby authorized to enforce the provisions of this chapter, as well as the provisions of G.L. 1956, § 37-15-1, et seq.
(2)
Pursuant to G.L. 1956, § 45-6-12, those people whose vehicles, either owned or leased, are used to carry material to a place at which they are illegally dumped are in violation of this chapter and subject to the provisions herein. Owners of title of leased vehicles and owners of vehicles which are reported stolen prior to being used for illegal dumping shall be excluded from liability for violating the provisions of this chapter.
(3)
The city municipal housing court shall have jurisdiction over all violations of this chapter.
(Code 1973, §§ 11-2, 16-9-17; Code 1994, § 32-2; Ord. of 6-6-1990(1), § 11-2; Ord. of 12-19-2011(6); Ord. of 3-12-2018(1), § 2; Ord. of 10-10-2018(2), § 2; Ord. of 11-8-2021(1), § 1)
State Law reference— Littering, G.L. 1956, § 37-15-6.
Sec. 30-3. - Accumulations on private property prohibited.#
(a)
It shall be unlawful for the owner or occupant of any premises within the city to permit any accumulation on premises owned or occupied by him of ashes, waste or refuse, other than in containers provided for in section 30-37.
(b)
The penalty for the first violation of this section shall be a fine of $150.00 to the owner from which the nuisance will come. The second offense shall be a fine of up to $250.00 and each and every offense thereafter shall be a fine of up to $500.00 per day for each ongoing offense.
(Code 1973, § 11-3; Code 1994, § 32-3; Ord. of 6-6-1990(1), § 11-3; Ord. of 9-30-2002(2); Ord. of 12-19-2011(6); Ord. of 11-8-2021(1), § 1)
Sec. 30-4. - Junk on premises of used car or auto parts dealer.#
(a)
No used car dealer or dealer in auto parts shall keep any junk or remains on his premises for a period of more than six days.
(b)
All used tires and parts, trash or similar objects shall be stored in a fenced enclosure, located if possible in the rear half (or in the case of corner sites, rear quarter) of the site. All rubbish shall be stored in a clean and orderly manner and shall be removed from the site at least once a month.
(Code 1973, § 11-4; Code 1994, § 32-4; Ord. of 4-11-2005(3); Ord. of 11-8-2021(1), § 1)
Secs. 30-5—30-26. - Reserved.#
ARTICLE II. - RUBBISH COLLECTION#
Sec. 30-27. - 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:
Combustible rubbish means all combustible material, including newspaper, magazines, cardboard boxes, cartons, wood (of proper size) rags, discarded clothing, leaves and grass clippings.
Commercial establishment means all establishments wherein business transactions or services are rendered to the public. Apartment houses with more than four dwelling units and mixed commercial and residential buildings are classified as "commercial establishments" for the purposes of this article. Excluded from this definition are properties that have qualified for a homestead exemption under section 34-45.
Dwelling unit means any room, or group of rooms, within a structure that is designed to be used by one family for living, sleeping, regular cooking (operating stove and refrigerator) and eating.
Garbage means all vegetable, animal, fish, fowl or fruit matter resulting from the use or storage of food for human consumption.
Noncombustible rubbish means all noncombustible waste, including fuel residue, tin or metal cans, bottles, household appliances and all other refuse not already defined as combustible or garbage, but excluding liquids.
Refuse includes garbage and combustible and noncombustible rubbish and which is used throughout this article to simplify the text.
(Code 1994, § 32-26; Ord. of 10-18-2004; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-28. - Violations and penalties; habitual offenders.#
Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements unless otherwise provided for in this chapter shall, upon conviction thereof, be fined no less than $100.00 and no more than $500.00 and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(Code 1994, § 32-38; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-29. - Complaints regarding violations.#
Whenever a violation of this article occurs or is alleged to have occurred, any person may file a written complaint. Said complaint, stating fully the cause and basis thereof, shall be filed with the director of public works, or designee. The director shall properly record said complaint, investigate and take action as provided by this article.
(Code 1994, § 32-37; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-30. - Director of public works and code enforcement to administer program.#
(a)
The director of public works shall have the charge, care and management of the personnel and equipment engaged in the administration of the program for collection of household refuse in the city. The director of public works and code enforcement or their designee shall have the authority to enforce the provisions of this chapter which shall include the power to perform inspections, issue citations and prosecute violations.
(b)
An enforcing officer may order the owner or occupant of any premises in the city to remove at his own expense any nuisance, refuse, solid waste, source of filth or filth found thereon within 24 hours after the service of notices as prescribed herein.
(c)
The department of public works shall collect refuse from the residential structures and municipal buildings as set forth by this article.
(Code 1994, § 32-27; Ord. of 10-18-2004; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-31. - Rules and regulations.#
(a)
The director of public works, as part of his or her administrative powers, is empowered to establish refuse collection rules and regulations.
(b)
In order for refuse to be collected on a weekly schedule by the city, property owners shall set aside said waste as described in section 30-36 except that the following shall be collected in the following manner in order to promote the safe and convenient handling of rubbish and to promote the orderly appearance of the city when rubbish is on the sidewalk awaiting collection:
(1)
Tree limbs and wood must be four feet in length or less and tied in bundles. Wood must be free of all nails and screws.
(2)
Rugs must be cut in half and four feet in length, tied and bundled.
(3)
No sand, dirt, sod, rocks, demolition lumber, broken concrete, asphalt, plaster, brick or any other construction material will be collected.
(4)
No automotive parts, tires, motor oil or other hazardous liquids will be collected.
(5)
Refuse too large to place in containers as described in section 30-38 shall be required to be placed or arranged next to the container so that they may be picked up by the department.
(6)
Frozen containers, containers containing hot/warm ashes, sod, and rocks will not be collected.
(7)
Improperly disposed of rubbish/garbage and recycling not conforming to section 30-38 may be collected by the department and will be billed to the property owner in the amount of $100.00 per item. Subsequent offenses may be billed up to $500.00 per item to the property owner.
(Code 1994, § 32-28; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-32. - Frequency of collection, establishment of routes, days and times of collection; notices.#
(a)
Refuse shall be collected at least once a week from all commercial and residential structures in the city, or as many times as necessary in order to eliminate potential health hazards or as the director of public works or director of code enforcement may determine.
(b)
The director of public works shall divide the city into districts for the collection of refuse combustibles and shall establish routes, days and times for the collection in each district. The director of public works shall provide reasonable notification of the day and time of collection when there is a change in the collections schedule for the householders in each district by any method which the director may consider advisable.
(Code 1994, § 32-29; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-33. - Collection hours restricted.#
Except for the removal of rubbish and recycling by the city, no one shall pick up or remove, not shall any person cause or allow to be picked up or removed, any refuse, rubbish, recycling or trash from any commercial or industrial establishments between the hours of 7:00 p.m. and 7:00 a.m., if such establishment is located within 200 feet of a dwelling.
(Code 1994, § 32-30; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 12-19-2011(6); Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-34. - Eligibility of household refuse collection by the department of public works.#
The following uses or structures shall be eligible for household refuse collection by the city: (1)
Residential structures with five or fewer units.
(2)
Public schools;
(3)
Structures used for municipal offices or services; and
(4)
Owner occupied residential structures with five units or more. In order to be eligible for this pickup a property owner must meet all the requirements of the homestead exemption as provided for in section 36-55 of this Code.
(Code 1994, § 32-31; Ord. of 10-18-2004; Ord. of 2-28-2005(1); Ord. of 4-10-2006; Ord. of 4-12-2010(1), § 32-31; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-35. - Collection of refuse at commercial establishments.#
(a)
Structures or multiple structures with more than five dwelling units on a lot, single or combined and structures containing mixed uses of commercial and residential are defined as "commercial establishments" and are not eligible for multiple refuse collection services. It is the responsibility of the owners of such structures, or their agents, to provide for the storage and collections of refuse in a manner fully consistent with this article. Such structures may employ a private collection services that utilizes either a commercial collection container, barrels with covers or plastic bags.
(b)
All commercial trash and garbage containers (commonly known as dumpsters) shall be covered at all times, and the name, address and telephone number of said commercial contractor or company shall be prominently displayed on each container.
(c)
Said commercial trash and garbage container shall be screened by fencing or shrubbery if visible from the street.
(Code 1994, § 32-32; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 4-12-2010(2), § 32-32; Ord. of 12-19-2011(6); Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-36. - Placing for collection; removal of bulk and other special items.#
(a)
Property owners shall set rubbish in bags that have been properly tied and placed in 65- or 95-gallon containers provided by the city and bearing the city seal. Receptacles shall be placed on the curb without obstructing passage along the sidewalk. Rubbish shall be placed for collection on the day designated by the director of public works on the street on which the property is located in the time and manner provided for in section 30-40.
(b)
The director of public works or his designee should be called for instructions regarding the pickup of large items and appliances. No resident of the city shall place any mattress, computers, televisions, furniture and all large metal items or appliances on the sidewalk for pickup without first having made an appointment with and paid a fee to the department of public works or designee. A fee equal to the cost for the removal and disposal of these items including metal items and appliances containing freon shall be charged. The director of public works shall notify the city council of any increases in fees.
(Code 1994, § 32-33; Ord. of 10-18-2004; Ord. of 4-11-2005(4); Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-37. - Garbage containers.#
All garbage shall be deposited in 65- or 95-gallon containers provided by the city and bearing the city seal and shall at all times have a secure cover and/or the lid closed. The city will only supply the first garbage container and first recycling container to each property in the city and, thereafter, property owners are responsible for purchasing replacement containers.
(Code 1994, § 32-34; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 12-19-2011(6); Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-38. - Authorized rubbish disposal.#
(a)
Rubbish and recycling shall be deposited in 65- or 95-gallon containers provided by the city and bearing the city seal and shall at all times have a secure cover and/or the lid closed. There shall not be overflowing rubbish or recycling nor trash bags on the ground nor any items improperly placed next to the garbage and recycling containers.
(b)
Any violation of this section may be subject to the $100.00 fine outlined in section 30-31(b)(7) or up to a $500.00 fine for subsequent offenses.
(Code 1994, § 32-35; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-39. - Failure to furnish and set out containers; notice to remove.#
(a)
The failure or neglect by any owner of any premises in the city to have a secured, closed lid on their garbage and recycling containers and/or to have sufficient containers for all rubbish and/or to set out such containers regularly for each collection or removal and/or to remove garbage and recycling containers from the curb the same day as collection shall be deemed in violation of this article.
(b)
Any violation of this article shall result in a notice of violation ticket in the amount of $150.00 per incident. The notice of violation ticket shall be in writing, signed by the enforcing officer and served by the enforcing officer, his or her designee, any sheriff, deputy sheriff, constable, police constable or the city sergeant or by leaving a copy of the order personally with or at the last and usual place of residence of the owner, or agent, if within the state or by affixing the notice of violation ticket to the rubbish or recycling container or item which is in violation. If the premises is occupied, or the residence of the owner or agent is unknown or without the state, the notice may be served by posting a certified copy of the notice on the premises, and by mailing a copy of the notice to the property owner at the address noted with the office of the tax assessor. Other methods of service as set forth in the municipal court rules of procedure may also be utilized by the city.
(c)
If the owner or occupant fails to comply with the notice of violation ticket, the enforcing officer may cause the nuisance, source of filth, refuse, solid waste of filth to be removed; and all expenses incurred by the city shall be paid by the owner, occupant or other person who caused or permitted the refuse, solid waste or filth to be recovered in an action brought in the name of the city, including placing a lien on the property for all expenses and related costs incurred by the municipality which shall include an administrative fee of ten percent of the total costs of all expenses incurred by the municipality.
(d)
Each day in excess of 24 hours that any person shall permit offending refuse or garbage to remain after receipt of such notice from the enforcing officer shall be deemed as a separate offense under this section.
(Code 1994, § 32-36; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 4-18-2011(1), § 32-36(c); Ord. of 12-19-2011(6); Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-40. - Time when containers may be set on curbs.#
No rubbish containers shall be set out on curbs before 4:00 p.m. prior to the day set for collections, and such containers shall be removed the same day the collection has been made.
(Code 1994, § 32-39; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 12-19-2011(6); Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-41. - Filling, covering and placing containers; negligence of owner of container.#
The owner or occupant of any premises in the city shall have his or her 65- or 95-gallon containers provided by the city and bearing the city seal filled as compactly as naturally possible, shall have the containers securely covered to prevent scattering of the contents and shall place such containers on the curb to prevent cluttering of the sidewalk and damage to pedestrians and users of the sidewalks. Any damage caused by the negligence of the owner of any container shall be paid for by the owner, and the city shall not be held responsible therefor.
(Code 1994, § 32-40; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-42. - Tampering with or removing containers.#
No person shall in any manner remove, move, remove from or tamper with any rubbish or recycling container, whether full or empty. Violators of this section may be subject to a $250.00 fine from the director of public works and/or all applicable criminal penalties.
(Code 1994, § 32-41; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 12-19-2011(6); Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Sec. 30-43. - Refusal to collect upon violation; removal by householder.#
Wherever there has been failure to comply with the provisions of this article or with the rules and regulations established thereunder, the department of public works may refuse collection of any rubbish from the householder where such failure has occurred until such time as compliance and regulations established thereunder has occurred on a regular collection day. Any householder, the collection of whose rubbish has been refused as provided by this section, shall cause the rubbish to be removed forthwith at his own cost and expense.
(Code 1994, § 32-42; Ord. of 10-18-2004; Ord. of 4-10-2006; Ord. of 8-25-2014; Ord. of 11-8-2021(1), § 1)
Secs. 30-44—30-74. - Reserved.#
ARTICLE III. - REFUSE DISPOSAL FACILITIES#
Sec. 30-75. - Rules and regulations.#
The director of public works shall have the power to make rules and regulations establishing minimum standards for permissible types of refuse disposal facilities. Such rules and regulations may not, however, be inconsistent with any rules, regulations, standards and criteria adopted by the state department of health regarding refuse disposal facilities.
(Code 1973, § 11-18; Code 1994, § 32-61)
Sec. 30-76. - Means of disposal to be approved.#
Disposal of refuse shall be permitted only by sanitary landfills or incinerators or other means approved by the director of public works of the city and the state director of health.
(Code 1973, § 11-19; Code 1994, § 32-62)
Sec. 30-77. - Sanitary landfills.#
Any person who maintains or operates a sanitary landfill as a public refuse disposal facility or permits the use of his land or land under his control for such a facility shall maintain such facility in conformance with any rules and regulations established by the director of public works of the city and the state department of health.
(Code 1973, § 11-20; Code 1994, § 32-63)
Sec. 30-78. - Incinerators.#
(a)
Construction. Any person who constructs or causes to be constructed any incinerator which is to be used as a public refuse disposal facility shall construct such facility according to the standards established by the director of public works of the city and the state department of health.
(b)
Maintenance and operation. Any person who maintains or operates an incinerator as a public refuse disposal facility shall maintain such facility in conformance with standards established by the director of public works of the city and the state department of health.
(Code 1973, §§ 11-21, 11-22; Code 1994, § 32-64)
Sec. 30-79. - Identification of commercial trash containers.#
(a)
The name, address and telephone number shall be displayed prominently on all commercial trash and garbage containers (dumpsters).
(b)
Violation of this section shall be punished by a fine of $100.00 for the first offense and $100.00 for each subsequent violation.
(Code 1994, § 32-65; Ord. of 10-15-1985, § 11-24; Ord. of 12-19-2011(6))
Sec. 30-80. - Commercial trash containers to be covered.#
(a)
All commercial trash containers must be covered.
(b)
Violation of this section shall be punished by a fine of $50.00 for the first offense and $100.00 for each subsequent violation.
(Code 1994, § 32-66; Ord. of 10-15-1985, § 11-25)
Sec. 30-81. - Commercial collection, duty of owner.#
(a)
Every owner of a dwelling using commercial rubbish removal (dumpsters) shall provide for proper collection and removal of the contents thereof.
(b)
Every owner of a commercial rubbish receptacle (dumpster) shall be responsible for the proper collection and removal of the contents of such containers.
(c)
Violation of this section shall be punished by a fine of $100.00 for the first violation and by a fine of $100.00 for each subsequent violation.
(Code 1994, § 32-67; Ord. of 10-15-1985, §§ 11-26, 11-27; Ord. of 12-19-2011(6))
Secs. 30-82—30-105. - Reserved.#
ARTICLE IV. - RECYCLING#
Footnotes:
--- (2) --- State Law reference— Waste recycling, G.L. 1956, § 23-18.8-1 et seq.
Sec. 30-106. - 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: Arrangements means the process by which the city plans for and carries out the separation, weighing, collection, hauling and disposal of solid waste generated within the city.
Hazardous waste means any waste as defined in G.L. 1956, § 23-19.1-4, or in regulations adopted pursuant thereto.
Household hazardous waste means hazardous municipal solid waste.
Local recycling program means a recycling program for municipal solid waste as set forth in a local recycling plan approved by the state pursuant to the municipal recycling regulations, as amended.
Mixed recyclables are defined by guidelines promulgated by the director of public works and/or Rhode Island Resource Recovery.
Municipal solid waste means solid waste generated by the residents of the city in the course of their daily living, the disposal of which the city council has undertaken in the discharge of its duties to protect the health of the municipality. The term "municipal solid waste" does not include solid waste generated by residents of the city in the course of their employment or that generated by any manufacturing or commercial enterprise.
Recyclable materials are all materials as established by Rhode Island Resource Recovery guidelines. The materials to be included may change from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects or mutual agreement between the state and municipalities.
Resident means anyone residing in the city for any period of time who generated solid waste for which the city accepts responsibility for disposal.
Solid waste means garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but not including solids or dissolved material in domestic sewage or sewage sludge, nor hazardous waste as defined in the hazardous waste management act, G.L. 1956, § 23-19.1-1 et seq.
Source separation means the removal by the generator of recyclable materials, including mixed recyclables from all other solid waste generated by the household along with the removal of solid waste from mixed recyclables generated by the household, and conveyance of the recyclables to the curbside or other designated location by the municipality or its agents.
White goods means major kitchen or laundry appliances, including, but not limited to, stoves, washers, refrigerators and dryers. Nothing in this definition shall waive compliance with the rules and regulations for generation, transportation, storage and disposal of hazardous waste.
(Code 1994, § 32-92; Ord. of 9-11-1989, § IB; Ord. of 3-18-1998(2); Ord. of 5-11-2015, § 1)
Sec. 30-107. - Implementation.#
A mandatory recycling program is hereby implemented in the city pursuant to G.L. 1956, ch. 23-18.8 (G.L. 1956, § 23-18.8-1 et seq.) and G.L. 1956, ch. 23-18.9 (G.L. 1956, § 23-18.9-1 et seq.), and the Rhode Island Resource Recovery guidelines, as amended, and state department of environmental management municipal recycling regulations, as amended.
(Code 1994, § 32-91; Ord. of 9-11-1989, § IA; Ord. of 5-11-2015, § 1)
Sec. 30-108. - Compliance required.#
All residents, taxpayers and others doing business in the city shall separate recyclables from the non-recyclable portion of their solid waste and prepare them for recycling according to directions published by the city. Rubbish and recycling shall be deposited in 65 or 95-gallon containers provided by the city and bearing the city seal and shall at all times have a secure cover and/or the lid closed.
(Code 1994, § 32-93; Ord. of 9-11-1989, § ID; Ord. of 5-11-2015, § 1)
Sec. 30-109. - Mandatory recycling requirements.#
(a)
Source separation for collection. In accordance with state law and/or department of environmental management regulations and/or Rhode Island Resource Recovery guidelines, mandatory recycling will be accomplished by source separation with curbside collection.
(1)
Curbside collection. The city shall provide for collection of mixed recyclables once per week from residents in dwellings serviced by the existing curbside collection contract. The collection of mixed recyclables shall be accomplished on the same day as the collection of non-recyclable materials. This day shall be designated by the director of public works.
(2)
Special recycling containers. Every property owner and/or tenant shall be provided with a 65 or 95-gallon container provided by the city and bearing the city seal wherein recyclables will be placed at curbside for collection as prescribed by the department of public works. Recyclable materials shall be prepared according to directions published by the director of public works and/or Rhode Island Resource Recovery guidelines.
(3)
Method of container distribution. Containers shall be distributed in accordance with department of public works regulations. The initial container will be provided to each property owner and/or tenant free of charge. If a container must be replaced, the property owner and/or tenant shall be charged the currently required replacement fee.
(4)
Materials requiring special disposal. Oil paint, computers and computer equipment and any other material requiring special disposal shall be disposed of pursuant to guidelines promulgated by the director of public works and/or Rhode Island Resource Recovery.
(b)
Notice of violation; penalties for noncompliance.
(1)
Any violation for failure to separate recyclable and non-recyclable materials in accordance with Rhode Island Resource Recovery guidelines or for leaving recyclables prepared in a manner inconsistent with department of public works regulations or Rhode Island Resource Recovery guidelines shall result in a notice of violation ticket in the amount of $250.00 per incident, with notice and an opportunity to be heard and appealed in the municipal court. The notice shall advise the resident of his or her duties by law. A copy of such notice shall be kept by the director of public works.
(2)
After the first notice of violation ticket has been issued, each additional notice of violation ticket within a one year period shall be in the amount of $500.00 and shall be accompanied with a summons to appear in municipal court for an opportunity to appeal and be heard.
(3)
The notice of violation ticket shall be in writing, signed by the enforcing officer and served by the enforcing officer, his or her designee, any sheriff, deputy sheriff, constable, police constable or the city sergeant or by leaving a copy of the order personally with or at the last and usual place of residence of the owner, or agent, if within the state or by affixing the notice of violation ticket to the recycling container in violation. If the premises is occupied, or the residence of the owner or agent is unknown or without the state, the notice may be served by posting a certified copy of the notice on the premises, and by mailing a copy of the notice to the property owner at the address noted with the office of the tax assessor. Other methods of service as set forth in the municipal court rules of procedure may also be utilized by the city.
(Code 1994, § 32-94; Ord. of 9-11-1989, § IC; Ord. of 2-8-1999; Ord. of 9-13-2004; Ord. of 5-11-2015, § 1)
Sec. 30-110. - Ownership of recyclables.#
(a)
Once municipal solid waste has been deposited at curbside for collection by the department of public works, such solid waste becomes the property of the city. No resident, taxpayer or other person engaged in the business of separation, recovery, collection, removal, storage or disposition of solid waste shall pick up or procure any recyclable materials within the city for personal gain except as specifically authorized by the director of public works.
(b)
The director of public works may issue permits to charitable organizations to collect recyclable materials on the condition that a report is filed by such organization detailing the weights of each material collected in compliance with state department of environmental management reporting requirements and provided that the director of public works determines that such collection does not conflict with the city's recycling implementation program.
(Code 1994, § 32-95; Ord. of 9-11-1989, § II)
Sec. 30-111. - Commercial recycling.#
Business firms shall be subject to state and federal recycling regulations.
(Code 1994, § 32-96; Ord. of 9-11-1989, § ID)