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52

ARTICLE II. - SANITARY NUISANCES

Part of the Code of Ordinances of Jamestown, RI.

Local law · Updated April 21, 2025 · 1,225 sections

The text

Footnotes:

--- (2) --- State Law reference— Nuisances, G.L. 1956, § 11-30-1 et seq.

DIVISION 1. - GENERALLY#

Sec. 22-21. - Offensive conditions.#

The following conditions, among others, shall constitute public nuisances: (1)

Bakeries, restaurants and other places where food is prepared or served that are not kept in a clean and sanitary condition; conveyances such as trucks, wagons, carts, and similar vehicles used for transportation, display, and for offering sale of food that are not clean and in a sanitary condition, or not affording adequate protection against contamination.

(2)

Premises upon which food is sold that do not have suitable toilet and handwashing facilities provided.

(3)

Premises upon which food is sold, and showing evidence of the presence of rats, mice or vermin.

(4)

Spoiled or diseased meats, whether exposed and offered for sale or being transported or kept for sale.

(5)

Barns, stables, hog pens, chicken yards, or any site where manure piles or organic material may be allowed to accumulate without precautions to prevent offending the senses or being maintained in such manner as to be breeding place for flies, other insects, and rodents.

(6)

The exposure or discharge of sewage, garbage or any other organic waste into or on any public place in such manner that the spread of infective material may result thereby.

(7)

Portable toilets not screened against flies, and portable toilets likely to pollute the groundwater or surface water from which water supplies are obtained.

(8)

Transportation of garbage, night soil, or other organic waste, except in tight-covered containers which prevent leakage or access of flies.

(9)

Stagnant water likely to afford breeding places for mosquitoes within a residential district or within 1,000 feet therefrom.

(10)

Bone boiling, fat rendering establishments, or tallow or soap works, or other industries and trades when they are shown to affect public health or produce serious offensive conditions.

(11)

Buildings or any part of buildings which are in a dilapidated or filthy condition, which may endanger the life or health of persons living in the vicinity.

(12)

Abandoned or vacant property in a condition which permits or invites the creation of a nuisance or which is in a condition prejudicial to the public health.

(Code 1982, § 11-1; Code 2003, § 22-21)

Sec. 22-22. - Permission to dump offensive matter or substance.#

No person shall dump any part of the contents of a portable toilet, cesspool, or any swill, household garbage or other offensive matter within the town without having first obtained permission from the town council.

(Code 1982, § 11-3; Code 2003, § 22-22)

Sec. 22-23. - Unsanitary discharge of waste.#

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the town, or in any area under the jurisdiction of the town, any human or animal excrement, garbage or other objectionable waste.

(Code 1982, § 11-4; Code 2003, § 22-23)

Sec. 22-24. - Storage of manure.#

In closely settled districts, stable manure must be kept in a covered watertight pit or chamber and shall be removed at least once a week during the period from May 1 to October 1, and during the other months at intervals sufficiently frequent to maintain a sanitary condition satisfactory to the town administrator. Manure on farms or isolated premises other than dairy farms need not be so protected and removed unless ordered by the town administrator.

(Code 1982, § 11-5; Code 2003, § 22-24)

Sec. 22-25. - Spitting.#

No person shall spit upon the floor of any hall or office in any hotel, restaurant, apartment house, tenement or lodginghouse which is used in common by the guests or tenants of such building, or upon the floor, platform, steps or stairs of any public building, church, theater, bus, car, or passenger station, store, factory or any public conveyance.

(Code 1982, § 11-6; Code 2003, § 22-25)

State Law reference— Similar provisions, G.L. 1956, § 23-6-2.

Secs. 22-26—22-40. - Reserved.#

DIVISION 2. - ABATEMENT#

Footnotes:

--- (3) --- State Law reference— Abatement of nuisances, G.L. 1956, §§ 10-1-1 et seq., 23-19.2-4 et seq.; authority to abate nuisance, G.L. 1956, § 23-19.2-1 et seq.

Sec. 22-41. - Order for; issuance; compliance with.#

(a)

Upon information of the existence of a nuisance, or any pollution occurring within the town, the town administrator, when any such nuisance or pollution comes to such officer's attention, shall, within a reasonable time, investigate and upon finding such nuisance or pollution to exist shall issue an order in writing for the abatement of the nuisance.

(b)

Such order shall specify the nature of such nuisance or pollution, and shall designate the time within which such abatement or discontinuance must be accomplished. If such order is not complied with within the time specified, the facts shall be submitted to the town council for action. Copies of all orders shall be kept on file by the town administrator in such officer's office.

(Code 1982, § 11-2(a), (b); Code 2003, § 22-41)

Sec. 22-42. - Examination; abatement; expenses; fine.#

(a)

The town council shall examine into all nuisances and sources of filth injurious to the public health, cause such nuisances to be abated, and cause to be removed all filth found which, in its judgment, may endanger the health of the inhabitants. All expenses for the abatement or removal of such nuisance or filth shall be paid by the person who placed it there, if known; if not known, by the town.

(b)

When any such filth or nuisance shall be found on private property, the town administrator, acting for the town council, shall notify, in writing, the owner or occupant of such property to remove or abate at such owner's expense, within such time as such officer shall direct. If the owner shall neglect to remove it, such owner shall be fined not more than $50.00 and pay such expense and costs as shall be incurred by such removal or abatement.

(c)

The town officers may enter all places where there is just cause to suspect any nuisances or sources of filth to exist.

(Code 1982, § 11-2(c), (d); Code 2003, § 22-42)

State Law reference— Penalty for violation of local heath regulations, G.L. 1956, § 29-19.2-10.

Secs. 22-43—22-60. - Reserved.#