Chapter 6 - GARBAGE AND REFUSE

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Footnotes:

--- (1) --- Charter reference— Responsibility of department of public works relative to collection and disposal of garbage and refuse, § 6-3.

Cross reference— Buildings and building regulations, ch. 4; rubbish disposal facilities in residences, § 4-161; garbage disposal facilities in residences, § 4-162; rubbish and garbage storage and disposal in roominghouses, § 4-273; garbage disposal in nonresidences, § 4-330; dumpsters and trash containers for nonresidences, § 4-331; hazardous waste storage and disposal, § 4-332; health and sanitation, ch. 7; litter, § 7-51 et seq.; nuisances, ch. 10; utilities, ch. 17; use of garbage disposal units for sanitary sewer system, § 17-81; unsanitary disposal of excrement, garbage, etc., § 17-151; zoning regulation of solid waste facilities, § 19-261 et seq.

State Law reference— Refuse disposal, G.L. 1956, § 23-18.9-1 et seq.; solid waste management corporation, G.L. 1956, § 2-19-1 et seq.; hazardous waste management, G.L. 1956, §§ 23-19.1-1 et seq., 23-19.7-1 et seq.; civil liability for damage by fire, G.L. 1956, § 2-12-20; ordinances for removal of refuse, solid waste, filth or nuisance, G.L. 1956, § 23-19.2-4 et seq.; public utilities and carriers, G.L. 1956, Title 39; solid waste and refuse disposal, G.L. 1956, § 23-18.9-1.

ARTICLE I. - IN GENERAL#

Secs. 6-1—6-15. - Reserved.#

ARTICLE II. - GARBAGE#

Footnotes:

--- (2) --- State Law reference— Feeding garbage to swine, G.L. 1956, §§ 4-3-1—4-3-13; declaring garbage facilities near parks or hospitals nuisances, G.L. 1956, § 11-30-12; refuse disposal, G.L. 1956, § 23-18.9-1 et seq.

Secs. 6-16—6-30. - Reserved.#

ARTICLE III. - RUBBISH#

Sec. 6-31. - Definition of rubbish.#

"Rubbish" means that residential material generated in the course of daily living designated as worthless and nonrecyclable.

(Rev. Ords. 1987, § 6-31; Ch. 26, § 1, 5-19-98)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar definition, G.L. 1956, § 45-24.3-5(38).

Sec. 6-32. - Refuse disposal division to engage in removal; regulations to effect removal.#

The refuse disposal division or any private concern engaged by the city council for the removal of rubbish in conjunction with the department of public works shall attend to the periodic collection and disposal of rubbish, and the director of public works shall formulate such regulations as may be necessary to properly effect the collection and disposal of rubbish.

(Rev. Ords. 1987, § 6-32)

Sec. 6-33. - Disposal of trade and hazardous wastes.#

All accumulations of rubbish and wastes at industrial or business establishments resulting from the manufacture, storage or sale of any article shall not be collected by the city. Such materials which are known as trade waste, commercial waste or hazardous waste as outlined in section 19-1 shall be disposed of by the persons, industry or business enterprise responsible for their production in a manner and at a place approved by the building inspection division. Such trade waste shall include among others: Meat market wastes, animal wastes, vegetable and fruit wastes, packing, paper, excelsior, straw, cartons, boxes, acids, oil, greases, tires, auto parts and bodies, discarded machinery, defective or broken merchandise, glass, crockery, ashes and cinders, or any ignitable, corrosive, reactive, or toxic wastes.

(Rev. Ords. 1987, § 6-33)

Cross reference— Fire prevention, ch. 5.

Sec. 6-34. - Disposal of construction refuse.#

All refuse resulting from construction operations, including among others: Earth, plaster, metal, tile, brick, concrete, terracotta, slate, shingles, tin, iron, metals and construction litter in general, shall be removed and disposed of at the expense of and by the person responsible for its production in a manner and at places approved by the building inspection division.

(Rev. Ords. 1987, § 6-34)

Cross reference— Buildings and building regulations, ch. 4.

Sec. 6-35. - Removal of rubbish before vacating building, lot, etc.#

Any person occupying or controlling any lot, building or structure of any kind or description whatsoever or any portion thereof shall remove or cause to be removed therefrom before vacating the lot, building or structure, all rubbish, provided that the contents of cans or containers containing rubbish shall not be removed or disposed of except at the places provided for the disposal of municipal rubbish by the city.

(Rev. Ords. 1987, § 6-35)

Sec. 6-36. - Disturbing contents of receptacles.#

No person other than the owner thereof or a duly authorized agent of the city shall examine, disturb, interfere with or remove any of the contents of any can, box or receptacle containing rubbish placed by such owner upon the sidewalks or highways of the city for collection and removal by either the refuse disposal division of the city or any private collector engaged by the city for such removal.

(Rev. Ords. 1987, § 6-36)

Sec. 6-37. - Use of rubbish receptacles.#

(a)

Rubbish and/or household trash shall be deposited within a trash container 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 nor trash bags on the ground nor any items improperly placed on the curb or sidewalk next to the trash container.

(b)

Only rubbish and/or household trash that is generated by the residents at their dwelling shall be allowed to be deposited within a trash container provided by the city. It shall be prohibited to deposit trash in a city trash container that was generated in another jurisdiction or by a commercial business.

(c)

The city shall supply every residential household in the city consisting of four units or less with one 95-gallon rubbish receptacle. Said 95-gallon rubbish receptacle may be substituted with one 65-gallon rubbish receptacle upon request. Additional containers may be purchased at cost by the resident or property owner.

(d)

The owner of dwellings consisting of more than four units shall provide for their property a private trash removal service.

(e)

The owner of any dwelling shall be deemed to have allowed an unsanitary a condition and nuisance to exist whenever garbage, trash, or discarded debris at the owners dwelling is not contained within a city approved rubbish receptacle. This section shall not apply to the collection of yard waste.

(Ch. 782, § I, 9-15-20)

Editor's note— Ch. 782, § I, adopted September 15, 2020, repealed § 6-37 and enacted a new § 6-37 as set out herein. Former § 6-37 pertained to when receptacles are subject to removal as rubbish and derived from § 6-37 of the Rev. Ords. 1987.

Sec. 6-37.1. - Bulky waste/collection fee.#

(a)

Bulky waste constitutes items including, but not limited to: mattresses, discarded furniture, appliances, computers, televisions, rugs and carpets cut to four feet in length rolled, folded, and tied, and other household waste items that will not fit within the rubbish receptacle.

(b)

Such items shall be picked up by appointment and may be subject to a fee as determined by ordinance or as determined by the director of the department of public works to cover disposal expenses.

(Ch. 782, § I, 9-15-20)

Editor's note— Ch. 782, § I, adopted September 15, 2020, renumbered §§ 6-37.1 and 6-37.2 as §§ 6-37.2 and 6-37.3.

Sec. 6-37.2. - Time to place rubbish for collection; duty to remove after collection.#

(a)

No placing or causing to be placed household rubbish, or other litter in receptacles or otherwise on the street, sidewalk, alley or public place for the purpose of having the same collected at a regularly scheduled or special collection shall do so before 3:00 p.m. of the day prior to such scheduled collection, nor shall such person allow such material or receptacles thereof to remain upon such street, sidewalk, alley or public place after the end of the day of such scheduled collection.

(b)

Except for the placement of containers on the public way for trash collection, an owner of any dwelling shall be deemed to have allowed an unsanitary condition and nuisance to exist at that dwelling whenever containers for the storage of garbage, trash or debris are not screened or are otherwise viewable from the street. This provision shall not apply to non-residential uses.

(Ch. 156, § I, 4-17-01; Ch. 782, § I, 9-15-20)

Editor's note— See editor's note, § 6-37.1.

Sec. 6-37.3. - Violation of article; penalty.#

(a)

Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a notice of violation by public works director or his/her duly authorized agent and may be subject to a fine of $50.00. Each day such violation of this article shall continue shall constitute a separate offense.

(b)

In addition to the penalty hereinabove provided any condition caused or permitted to exist in violation of this article shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

(c)

If a person fails to comply with the violation notice, the city may cause the nuisance and unsanitary health condition to be removed and all expenses incurred by the city shall be paid by the property owner who caused or permitted the refuse and/or solid waste 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.

(Ch. 156, § I, 4-17-01; Ch. 782, § I, 9-15-20)

Editor's note— See editor's note, § 6-37.1.

ARTICLE IV. - RECYCLABLES#

Footnotes:

--- (3) --- State Law reference— Beverage container recyclability, G.L. 1956, § 23-18.12-1 et seq.

Sec. 6-38. - Definition of recyclable material.#

Recyclable material means all substances or objects established by the state department of environmental management or the city recycling coordinator found to have significant reusable value or need, or found to have detrimental impact on the environment when disposed of in the regular manner of rubbish.

(Rev. Ords. 1987, § 6-38)

Cross reference— Definitions generally, § 1-2.

Sec. 6-39. - Recyclable materials established.#

(a)

All recyclable materials to be placed within city-issued recycling receptacles shall be in accordance with the guidelines established by the Rhode Island Resource Recovery Corporation. The director of public works or his or her designee shall annually provide public service announcements and/or further educational materials regarding said Rhode Island Resource Recovery Corporation recycling guidelines.

(b)

Items that constitute recyclable materials, but shall not be placed in City issued recycling receptacles include, but are not limited to the following:

(1)

White goods. Household appliances such as washing machines, clothes dryers, cooking stoves, refrigerators, freezers, water heaters, and other large metal items designated by the director of public works to have similar recyclable properties.

(2)

Used motor oil and filters. Materials used in connection with personal automobiles or noncommercial trucks. Such materials shall not be collected at curbside but shall be recycled at a collection point designated by the director of public works.

(3)

Mattresses, box springs and other bedding materials. All residential bedding materials such as mattresses, box springs or other items with similar characteristics as determined by the director of public works shall be collected by the municipal refuse collection contractor as scheduled by the public works department and separated to be recycled at the Rhode Island Resource Recovery Corporation facility.

(Rev. Ords. 1987, § 6-39; Ch. 26, § II, 5-19-98; Ch. 485, § I, 8-11-09; Ch. 782, § II, 9-15-20)

Sec. 6-40. - Disposal of recyclables.#

Recyclables will be placed at curbside in containers provided by the city free from rubbish on designated collection day.

(Rev. Ords. 1987, § 6-40; Ch. 782, § II, 9-15-20)

Sec. 6-41. - Collection.#

Periodic collection of recyclable material will be the responsibility of the public works department or its duly authorized agent or may be designated as a drop off item to be recycled at a designated recycling location.

(Rev. Ords. 1987, § 6-41; Ch. 26, § III, 5-19-98)

Sec. 6-42. - Tampering with recyclable material.#

No person other than the owner thereof or a duly authorized agent of the city shall examine, disturb, interfere with or remove any of the contents of any can, box, bag or receptacle containing recyclable materials placed by such owner at curbside for collection and removal by the public works department or its duly authorized agent.

(Rev. Ords. 1987, § 6-42)

Sec. 6-43. - Violation of article; penalty.#

(a)

(b)

(Rev. Ords. 1987, § 6-43; Ch. 156, § I, 4-17-01; Ch. 782, § II, 9-15-20)

Sec. 6-44. - Time to place recycling material for collection; duty to remove after collection.#

(a)

No placing or causing to be placed recyclables in receptacles or otherwise on the street, sidewalk, alley or public place for the purpose of having the same collected at a regularly scheduled or special collection shall do so before 3:00 p.m. of the day prior to such scheduled collection, nor shall such person allow such material or receptacles thereof to remain upon such street, sidewalk, alley or public place after the end of the day of such scheduled collection.

(b)

Any person who has placed so-called white goods or appliances on the street, sidewalk or alley or public place for the purpose of having the same collected pursuant to permission granted by the public works department, shall be excused from the time restrictions established herein.

(Ch. 156, § II, 4-17-01)

Sec. 6-45. - White goods collection fee.#

The fee for collection of white goods, as defined in section 6-39, is hereby fixed at $25.00 for each item or the cost of disposal, whichever is greater.

(Ch. 276, § I, 9-2-03; Ch. 782, § II, 9-15-20)

Sec. 6-46. - Mandatory recycling.#

(a)

Any person who generates municipal solid waste or accepts responsibility for collecting, storing, or disposing of municipal solid waste shall segregate their solid waste.

(b)

The city reserves the right to deny collection of municipal solid waste from any household that shall not comply with segregated recycling regulations and/or shall not set out for collection recyclable containers with required segregated materials therein.

(Ch. 447, § I, 3-18-08)

Sec. 6-47. - Mattress, box spring, bedding material collection fee.#

The fee for collection of a mattress, box spring or other bedding material, as defined in section 6-39, is hereby fixed at $25.00 for each item or the cost of disposal, whichever is greater.

(Ch. 485, § II, 8-11-09; Ch. 782, § II, 9-15-20)

Secs. 6-48—6-49. - Reserved.#

ARTICLE V. - YARD WASTE#

Sec. 6-50. - Definition of yard waste.#

Yard waste means organic material such as but not limited to leaves, grass cuttings, brush and branches one inch in diameter or less, and other small vegetative material such that may be naturally biodegradable.

(Rev. Ords. 1987, § 6-50)

Cross reference— Definitions generally, § 1-2.

Sec. 6-51. - Disposal.#

Yard waste will be placed at curbside in municipally approved recyclable, reusable, or disposable biodegradable containers for collection separate and apart from other disposable and recyclable material.

(Rev. Ords. 1987, § 6-51)

Sec. 6-52. - Collection.#

Periodic collection of yard waste material will be the responsibility of the public works department or its duly authorized agent.

(Rev. Ords. 1987, § 6-52)

Sec. 6-53. - Violation of article; penalty.#

(a)

Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a notice of violation by public works director or his/her duly authorized agent, and may be subject to a fine of $50.00. Each day such violation of this article shall continue shall constitute a separate offense.

(b)

(Rev. Ords. 1987, § 6-53; Ch. 156, § I, 4-17-01; Ch. 782, § III, 9-15-20)