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)