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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)