The text
(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.