Chapter 7 - HEALTH AND SANITATION

Footnotes:

--- (1) --- Cross reference— Animals, ch. 3; rabies control, § 3-51 et seq.; buildings and building regulations, ch. 4; unfit dwellings, § 4-406 et seq.; garbage and refuse, ch. 6; nuisances, ch. 10; utilities, ch. 17.

State Law reference— Health and safety, G.L. 1956, Title 23; local health officers, G.L. 1956, § 23-2-16; contagious diseases, G.L. 1956, § 23-6-1 et seq.; quarantine, G.L. 1956, § 23-8-1 et seq.; rodent eradication, G.L. 1956, § 23-7.1-1 et seq.; local health regulations, G.L. 1956, § 23-19.2-1 et seq.

ARTICLE I. - IN GENERAL#

Sec. 7-1. - Enforcement of state law.#

The building inspection division is hereby authorized and directed to enforce the provisions of the state statutes applicable within the city, relative to health and sanitation.

(Rev. Ords. 1987, § 7-1)

Sec. 7-2. - Access to premises, buildings for sanitary inspections.#

For purposes of sanitary inspection, the building inspection division officer and every person authorized by him shall have free access to any part of every building and premises within the city.

(Rev. Ords. 1987, § 7-3)

Sec. 7-3. - Disposition of rubbish, garbage, etc.#

(a)

Generally. No person shall throw, place, deposit or permit any person under his control or employment to throw, place or deposit any putrid substance, filth of any kind, garbage, rubbish, refuse, piles, old lumber or other rat harborage or any unwholesome material in or upon any vacant lot, alley, lane, sidewalk, street, canal, lake, river or upon any private lot or public ground within the city. Refuse, as stated in this subsection, shall be defined to include discarded materials such as pallets in commercial form generated by residential, institutional, commercial, industrial and agricultural sources.

(b)

Disposal of decomposable organic matter, discarded receptacles and combustible matter. It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw or deposit or cause or permit to be thrown or deposited any decomposable organic matter which might create a nuisance or act as a breeding place for flies, mosquitoes or other insects or as a food for rats or other rodents, any discarded receptacle capable of holding water or any other liquid which might serve as a breeding place for flies, mosquitoes or other insects or any combustible matter which might serve to increase the fire hazard of neighboring property in or upon any vacant lot or land located within the city, except at such places as may from time to time be designated or provided by the city council.

(c)

Depositing trash, ashes, etc., in places other than landfill areas. It shall be unlawful for any person to deposit upon, cause to be deposited upon or permit to be accumulated upon any premises other than those designated as landfill areas any trash, paper, dirt, mud, ashes, sand, glass, leaves, debris, grass, weeds, or other materials or allow the overgrowth of grass, noxious weeds and other vegetation, provided that it shall not be unlawful to sprinkle sand, cinders and the like upon icy sidewalks and crosswalks.

(d)

Discharge of polluted, contaminated waste on streets, etc. It shall be unlawful to discharge any commercial or industrial water or any polluted or contaminated waste upon the sidewalks, streets, alleys or gutters within the city.

(Rev. Ords. 1987, §§ 7-4, 10-2—10-4)

Sec. 7-4. - Order to vacate dangerous buildings.#

The building inspection division may order the vacating of any building when satisfied that it is unfit for a dwelling because it is infected or because it is in any way dangerous to the health of the occupants. A notice of such vacating must be served on the occupants of such building, and also served on the owner, agent or lessee. Such notices may be served by any police officer of the city. If the person so notified shall neglect or refuse to move from such building within the time specified in the notice, the community relations officer of the police department is hereby authorized and empowered to forcibly remove him.

(Rev. Ords. 1987, § 7-5)

State Law reference— Notice to vacate unfit dwellings, G.L. 1956, §§ 23-19-8, 23-273-124.2 et seq.

Sec. 7-5. - Violation to constitute nuisance.#

Any violation of this chapter shall constitute a nuisance. Such nuisance shall be abated pursuant to sections 10-2 and 10-3.

(Rev. Ords. 1987, § 7-6)

Secs. 7-6—7-25. - Reserved.#

ARTICLE II. - RODENT CONTROL#

Footnotes:

--- (2) --- Cross reference— Animals, ch. 3; responsibilities of owner and occupant of residences for rodent, pest, etc., extermination, § 4-140; dwelling maintenance to prevent infestation, § 4-237; extermination of rodents, vermin, etc., in roominghouses, § 4-279; responsibilities of occupant of nonresidences for elimination of infestation, § 4-313; rodent control in nonresidences, § 4-334.

State Law reference— Rodent control, G.L. 1956, § 23-7.1-1 et seq.; responsibility of city as to rodent control programs, G.L. 1956, § 23-7.1-2.

Sec. 7-26. - 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:

Buildings means any structure, whether public or private, that is adapted for occupancy, transaction of business, rendering of professional service, amusement, the display, sale or storage of goods, wares or merchandise or the performance of work or labor, including hotels, apartment buildings, tenement houses, roominghouses, office buildings, stores, theaters, markets, restaurants, grain elevators, abattoirs, warehouses, workshops, factories and all outhouses, sheds, barns and other structures on premises used for business purpose.

Occupant means the individual, partnership or corporation that has the use of or occupies any business building or a part or fraction thereof, whether as actual owner or tenant. In case of vacant business buildings or any vacant portion of a business building, the owner, agent or other person having custody of the building shall have the responsibility of an occupant of a building.

Owner means the actual owner of the business building, whether an individual, partnership or corporation or the agent of the building, or any other person having custody of the building or to whom the rent is paid. In the case of business buildings leased with a clause in the lease specifying that the lessee is responsible for maintenance and repairs, the lessee will be considered in such cases as the owner.

Rat eradication means the elimination or extermination of rodents within buildings such that the buildings are completely freed of rodents or there is no evidence of rodent infestation remaining by any or all of the accepted measures such as poisoning, fumigation, trapping, clubbing, etc.

Rat harborage means any condition that provides shelter or protection for rodents, thus favoring multiplication and continued existence in, under or outside of a structure of any kind.

Ratproofing means a form of construction to prevent the ingress of rodents into buildings from the exterior or from one building or establishment to another. It consists essentially of treating all actual or potential openings in the exterior wall, ground or first floors, basements, roof and foundations that may be reached by rodents from the ground by climbing or burrowing with material impervious to rodent gnawing.

(Rev. Ords. 1987, § 7-26)

Cross reference— Definitions generally, § 1-2.

Sec. 7-27. - Rodent infested premises.#

It shall be unlawful for the owner or occupant of any premises within the city to maintain such premises in a rodent-infested condition or permit any such premises to become infested with rodents.

(Rev. Ords. 1987, § 7-27)

Sec. 7-28. - Ratproofing of new buildings or structures.#

After the adoption of this article, no building or structure shall be erected, repaired, altered or extended unless provision is made for ratproofing such structure.

(Rev. Ords. 1987, § 7-28)

Sec. 7-29. - Inspection by director of environmental control; notice of rodent infestation.#

(a)

It shall be the duty of the director of environmental control to cause an inspection of any premises in the city which he has good reason to believe is not in a ratproof condition.

(b)

If such premises are found to be infested with rodents, a notice in writing bearing the date of issue and signed by the director of environmental control or his duly authorized representative shall be served upon such owner or occupant. Such notice shall state the conditions of such premises and the required corrections.

(c)

Any such notice may be served by any agent of the director of environmental control or the police or it may be served by depositing such notice, enclosed in a post-paid envelope addressed to the person to be notified, in the post office in the city.

(Rev. Ords. 1987, § 7-29)

Sec. 7-30. - Duty of owner upon receipt of notice of rodent infestation.#

After the owner or occupant of any premises found to be rodent infested has been notified by the director of public works or his duly authorized representative that such premises are rodent infested, it shall be the duty of such owner and occupant to take immediate measures to remedy the condition by rat eradication, ratproofing or such other action as may be necessary.

(Rev. Ords. 1987, § 7-30; Ch. 781, § I, 9-15-20)

Sec. 7-31. - Unlawful removal of rodent protection.#

It shall be unlawful for any person to remove, damage or destroy any part of any building or other appurtenance of improved real estate premises intended to protect such premises against ingress of rodents or in any other way to create a condition by which ingress for rodents is made possible, provided that this section shall not apply where the interference with ratproofing is made necessary in connection with a lawful construction and when such ratproofing is promptly restored.

(Rev. Ords. 1987, § 7-31)

Sec. 7-32. - Protection of bird feed from rodents.#

No person shall feed wild birds other than in suitable containers for the food, elevated at least 48 inches above the ground level.

(Rev. Ords. 1987, § 7-32)

Cross reference— Animals, ch. 3.

Sec. 7-33. - Protection of animal feed from rodents.#

No person shall place food in the open for the feeding of any domesticated fowl, birds or animals, except in such containers as will prevent the scattering of such food upon the ground. After such feeding, such food shall not be allowed to remain where it is accessible to rodents.

(Rev. Ords. 1987, § 7-33)

Cross reference— Animals, ch. 3.

Sec. 7-34. - Rat eradication prerequisite to demolishing buildings, etc.#

No building or structure shall be razed or demolished until provision is made by the owner thereof for the eradication of rats in such building or structure.

(Rev. Ords. 1987, § 7-34)

Secs. 7-35—7-50. - Reserved.#

ARTICLE III. - LITTER#

Footnotes:

--- (3) --- Cross reference— Garbage and refuse, ch. 6.

State Law reference— Litter control, G.L. 1956, § 37-15-1 et seq.; throwing debris on highway, G.L. 1956, §§ 31-22-9, 11-22-10.

Sec. 7-51. - 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.

Garbage means decomposable animal and vegetable wastes 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, tends to create a danger to public health, safety and welfare.

Park means a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city, 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 and any public park, square, space, grounds or building.

Rat or vermin harborage means any material, substance, food, trash, debris or other objects that supports rats or other vermin.

Refuse means all decomposable and nondecomposable solid wastes, except body wastes, including 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 wastes such as paper, cardboard, plastic containers, yard clippings, wood and noncombustible wastes such as tin cans, glass and crockery. State Law reference— Similar definition, G.L. 1956, § 45-24.3-5(38).

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.

(Rev. Ords. 1987, § 7-51; Ch. 783, § I, 9-15-20)

Cross reference— Definitions generally, § 1-2.

Sec. 7-52. - Depositing on streets, sidewalks, etc.#

No person shall throw or deposit litter or rat or vermin harborage in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection or in official city dumps or sanitary landfill areas.

(Rev. Ords. 1987, § 7-52; Ch. 783, § I, 9-15-20)

Cross reference— Streets and sidewalks, ch. 14.

Sec. 7-53. - To be placed 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. (1)

All persons must place litter or other rat or vermin harborage on their property within public or authorized private receptacles.

(2)

Both the present occupant and the property owner of all properties within the city are jointly and severally liable for any violation of this provision.

(Rev. Ords. 1987, § 7-53; Ch. 783, § I, 9-15-20)

Sec. 7-54. - 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 city 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.

(Rev. Ords. 1987, § 7-54)

Cross reference— Streets and sidewalks, ch. 14.

Sec. 7-55. - 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 city 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 city shall keep the sidewalk in front of their business premises, golf course or country club free of litter.

(Rev. Ords. 1987, § 7-55)

Cross reference— Licenses and business regulations, ch. 8.

Sec. 7-56. - 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 city or upon private property.

(Rev. Ords. 1987, § 7-56)

Cross reference— Vehicles and traffic, ch. 18.

Sec. 7-57. - Truckloads causing litter.#

No person shall drive or move any truck or other vehicle within the city 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, nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.

(Rev. Ords. 1987, § 7-57)

Cross reference— Vehicles and traffic, ch. 18.

Sec. 7-58. - Depositing in parks.#

No person shall throw or deposit litter in any park within the city 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.

(Rev. Ords. 1987, § 7-58)

Cross reference— Parks and recreation areas, § 13-176 et seq.

Sec. 7-59. - Depositing on occupied private property.#

No person shall throw or deposit litter on any occupied private property within the city, 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.

(Rev. Ords. 1987, § 7-59)

Sec. 7-60. - 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 section shall not prohibit the storage of litter in authorized private receptacles for collection.

(Rev. Ords. 1987, § 7-60)

Sec. 7-61. - Depositing on vacant lots.#

No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not.

(Rev. Ords. 1987, § 7-61)

Sec. 7-62. - Streets, alleys, lanes, sidewalks, streets, rivers, lakes, ponds, private land, or public parks.#

(a)

No person shall throw, place or deposit or permit any tenant or person under his control or employment to throw, place or deposit any putrid substance, night soil, filth of any kind, garbage, rubbish, refuse, piles, old lumber or other rat or vermin harborage or any unwholesome material, in or upon any land, vacant land, alley, lane, sidewalk or street, lake or river, or upon any private land or public land or park within the city without the consent of the director of public works or minimal housing officer.

(b)

No person or persons shall allow any land, vacant land, alley, lane, sidewalk or street, lake or river owned by them to become covered with any putrid substance, night soil, filth of any kind, garbage, rubbish, refuse piles, old lumber or other rat or vermin harborage or any unwholesome material which endangers the general health and welfare of the public.

(c)

The director of public works or his/her designee shall cause to be examined all land, vacant land, alleys, lanes, sidewalks and streets, lakes or rivers, private land and public lands or parks within the limits of the city. When said director or designee finds any putrid substance, night soil, filth of any kind, garbage, rubbish, refuse piles, old lumber or other rat or vermin harborage or any unwholesome material placed or deposited upon any land, vacant land, alleys, lanes, sidewalks and streets, lakes or rivers, private land and public lands or parks which endangers the general health and welfare of the public, he or she shall order, in writing, the owner to remove said materials, and if the said owner refuse to remove said materials within three days, said director or designee may cause the same to be removed at the expense of the owner. Thereupon, said director or designee shall place a lien upon the land for the cost of removing the materials.

(d)

No owner shall neglect or refuse to remove therefrom any materials, after being ordered to do so by the director of public works, or obstruct any member under the control of the director of public works in the discharge of their duties. Every day, in excess of three days, that any such owner or owners or tenant or tenants shall neglect or refuse to remove therefrom any materials after being ordered to do so by the director of public works or his/her designee shall be deemed and regarded as a separate offense under this section.

(e)

Service of any order authorized by this section shall be made upon the owner in one of the following manners:

(1)

By leaving with said owner personally a copy of said order;

(2)

By leaving at the last-known abode of said owner with a person of suitable age and discretion a copy of said order;

(3)

By tacking or affixing to the front door of the last known abode of said owner a copy of said order;

(4)

By mailing to the owner at his/her/their last known abode a copy of said order. Said mailing shall be by certified mail, return receipt requested, and by regular mail, postage prepaid; or

(5)

By publication in a newspaper of general circulation in the city.

(f)

Any order herein made shall be subject to appeal by the owner within ten days after service of the order. Said appeal shall be taken by filing a petition with the East Providence Municipal Court.

(Ch. 783, § I, 9-15-20)

Sec. 7-63. - Violations.#

(a)

The penalties for violations of this section are as follows:

(1)

First offense. Repayment of any cost incurred by the city to remediate the littering or other violation of this section and a $150.00 fine and/or community service of 25 hours of cleaning public spaces.

(2)

Second offense. Repayment of any cost incurred by the city to remediate the littering or other violation of this section and a $250.00 fine and/or community service of 50 hours of cleaning public spaces.

(3)

Subsequent offenses. Repayment of any cost incurred by the city to remediate the littering or other violation of this section and a $500.00 fine and/or community service of 100 hours of cleaning public spaces.

(b)

Violations of this chapter may be heard before the East Providence Municipal Court.

(Ch. 783, § I, 9-15-20)

Secs. 7-64—7-75. - Reserved.#

ARTICLE IV. - REUSABLE CARRYOUT BAG INITIATIVE#

Sec. 7-76. - Purpose.#

The purpose of this section is to reduce the number of single-use plastic checkout bags used by retail establishments in the city, curb litter in the streets, protect marine environment, waterways, reduce greenhouse gas emissions, and solid waste and by encouraging the use of reusable carryout bags by retail establishments, banning the use of plastic bags for retail checkout of goods, and to improve the environment in East Providence and the health, safety, and welfare of its residents. Retail establishments are encouraged to make reusable carryout bags available for sale. Plastic bags contribute to a significant burden on the city's solid waste disposal and single stream recycling systems.

(Ch. 737, § I, 5-7-19)

Sec. 7-77. - Definitions.#

As used in this section, the following terms shall have the meanings indicated:

Carryout bag means a bag used by the customer at the point of sale for the purpose of removing products purchased from retail establishments. "Carryout bag" does not include plastic barrier bags, double-opening plastic bags, or plastic bags measuring larger than 28 inches by 36 inches.

Double-opening plastic bag means any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.

Paper bag means a paper bag that is fully recyclable overall and contains a minimum of 40 percent post-consumer recycled content and contains no old growth fiber.

Plastic bag means a bag where any portion of the bag is made of plastic, including, but not limited to, those called "biodegradable, "compostable" or "oxo-biodegradable."

Plastic barrier bag means any thin plastic bag with a single opening used to: a.

Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale;

b.

Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;

c.

Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or

d.

Contain unwrapped prepared foods or bakery goods.

Recyclable plastic means plastic that meets the current Rhode Island Resource Recovery Corporation's standards.

Retail sales establishment means any enterprise, person, corporation, partnership, business venture, or vendor that sells or provides merchandise, goods, or materials directly to a customer, whether for or not for profit, including, but not limited to, retail stores, farmers' markets, fleamarkets, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, and household goods stores. This does not include sales of goods at yard sales, tag sales, or other sales by residents at their homes.

Reusable carryout bag means a bag with handles which are stitched and not heat-fused that is specifically designed and manufactured for multiple reuse. The bag must be made of washable cloth, other durable woven or nonwoven fabric, or durable plastic film that is recyclable plastic with a minimum thickness of four mils.

(Ch. 737, § I, 5-7-19)

Sec. 7-78. - Regulations.#

(a)

Other than reusable carryout bags as provided in this section, no retail sales establishment shall make available any plastic carryout bags (either complementary or for a fee).

(b)

All retail establishments that provide plastic produce, product, or double-opening bags must offer a recycling opportunity on site and must recycle any plastic collected in accordance with current laws.

(c)

Nothing in this section shall preclude persons engaged in retail sales from making reusable carryout bags or paper bags available for sale to customers.

(Ch. 737, § I, 5-7-19)

Sec. 7-79. - Enforcement; violations and penalties.#

(a)

This section shall be implemented, administered and enforced by the East Providence Police Department or any other city department or division designated by the mayor.

(b)

Upon being made aware of a potential violation of this section, the City of East Providence Police Department or other designee shall investigate and determine whether a violation has occurred.

(c)

If the investigation confirms that a violation has occurred, then the East Providence Police Department or other designee shall give written notice to the owner of the property, the owner's agent, or the person performing such violation that the violation is occurring and must stop.

(d)

Such notice shall be in writing and may be served upon a person to whom it is directed, either by delivering it personally to him or her or by posting same upon a conspicuous portion of the property and sending a copy of same by certified mail to the person to whom the notice is directed.

(e)

The owner, the owner's agent, or the person performing the violation is responsible for confirming, in writing, that the violation has ceased to the East Providence Police Department or other designee within 14 days of receipt of the notice.

(f)

A second violation after the 14 day response period of the first violation and within one year of receipt of the confirmation that the violation had ceased shall incur a penalty of $150.00.

(g)

A third violation within one year of the second and any subsequent violations shall incur a penalty of $300.00.

(h)

Each occurrence of a violation after the first, and each day that such violation continues, shall constitute a separate violation and may be cited as such.

(Ch. 737, § I, 5-7-19)

Sec. 7-80. - Appeals.#

Any violation charged under this section may be appealed, in writing, to the mayor within 14 days of receipt of a written notice of violation. The mayor may waive the individual violation or the requirements of this section on showing of good cause or undue hardship.

(Ch. 737, § I, 5-7-19)

ARTICLE V. - REGULATION OF UNATTENDED DONATION BOXES#

Sec. 7-81. - Purpose and intent.#

The purpose of this article is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this article are enacted to: (a)

Promote the community's health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the city;

(b)

Ensure that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic;

(c)

Ensure that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts and human activities; and

(d)

Establish criteria that avoid attracting vermin, unsightliness, and public health hazard.

(Ch. 795, § I, 2-16-21)

Sec. 7-82. - Definitions.#

Operator means a person, entity, association or organization who places, maintains or operates unattended donation box(es) to solicit donations of salvageable personal property.

Permittee means the property owner who is issued a permit authorizing placement of unattended donation box(es).

Unattended donation box means any unattended container, receptacle, or similar device that is located on any property within the city used for soliciting and collecting donations of clothing or other salvageable personal property.

(Ch. 795, § I, 2-16-21)

Sec. 7-83. - Permits.#

(a)

It shall be unlawful for any person, firm, or corporation to erect, place, maintain or operate any collection bin without first obtaining a permit issued by the building official.

(b)

A permit issued under this article shall be valid for one year and renewable for one-year periods thereafter.

(1)

Annual permit fee: $50.00, plus a $100.00 refundable deposit.

(c)

The building official shall not issue a permit unless:

(1)

The applicant has submitted a complete and accurate application accompanied by the applicable fee;

(2)

The operator who will maintain or operate the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to Rhode Island General Laws as amended;

(3)

The proposed location and placement of the unattended donation box on the property owner's real property is in compliance with all applicable laws and will not impede pedestrian, bicycle, site distances onto adjacent streets or vehicular traffic.

(d)

If the building official denies an application, the building official shall state, in writing, the specific reasons for denial.

(e)

Permits issued hereunder shall be valid for one unattended donation box. Multiple unattended donation boxes shall have their own individual permits.

(f)

No person or operator to whom a permit has been issued shall transfer, assign, or convey such permit to another person or operator.

(g)

Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the building official in writing of the intent to cancel the permit. The permit shall become void upon the building official's receipt of a written notice of intent to cancel the permit.

(Ch. 795, § I, 2-16-21)

Sec. 7-84. - Renewal of permits.#

(a)

A permittee may apply for permit renewal by submitting to the building official, before the expiration of the permit, a renewal application and applicable fee.

(b)

The building official shall either approve or deny the renewal of a permit within 30 days of receipt of the complete renewal application and payment of the renewal fee.

(c)

The building official shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit or that would justify the revocation of the permit.

(Ch. 795, § I, 2-16-21)

Sec. 7-85. - Requirements and maintenance.#

(a)

A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the city as follows:

(1)

Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;

(2)

Unattended donation boxes shall be locked or otherwise secured;

(3)

Unattended donation boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator;

(4)

Unattended donation boxes shall be serviced and emptied as needed, but at least once per month, or within five business days of a request by the building official.

(5)

The permittee shall maintain or cause to be maintained the area surrounding the unattended donation boxes free of any junk, garbage, trash, debris or other refuse material.

(6)

The permittee and operator shall be individually and severally responsible, including all costs, for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the unattended donation boxes within 24 hours of written or verbal notice from the city.

(b)

It shall be unlawful for any property owner or operator to place an unattended donation box in any residential district.

(c)

No more than two unattended donation boxes shall be placed on each parcel of real property.

(d)

Permittee and/or operator shall report the amount of tonnage collected annually to the department of public works.

(Ch. 795, § I, 2-16-21)

Sec. 7-86. - Revocation of permit, removal of unattended donation boxes and liability.#

The building official shall have the right to revoke any permit issued hereunder if any of the grounds upon which he or she may refuse to issue an initial permit exists. In addition, the failure of the permittee to comply with the provisions of this article or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The building official shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the permittee's real property within 30 calendar days and, if not removed within this time period, the city may remove, store and dispose of the unattended donation box at the permittee's sole cost and expense. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this article is a public nuisance subject to abatement pursuant to this Code or as otherwise permitted by law.

(Ch. 795, § I, 2-16-21)

Sec. 7-87. - Violation—Penalty.#

(a)

In addition to any other penalties or remedies authorized by the laws of this state or city, any person who violates any provision of this article shall be punished by a fine as follows:

(1)

First offense. Loss of deposit ($100.00)

(2)

$100.00 for each subsequent violation, plus any cost incurred by the city for cleanup if needed.

(b)

If a permittee is found to have willfully violated or ignored the provisions of this article, or is found to have perpetrated fraud regarding the operation and use of the collection bin, the permittee shall be fined and will be deemed ineligible to place, use or employ a collection bin pursuant to this article, and may have any or all bins removed by the city.

(Ch. 795, § I, 2-16-21)

Sec. 7-88. - Exemption.#

Unattended donation boxes located entirely within the interior of a building are exempt from the requirements of this article.

(Ch. 795, § I, 2-16-21)