The text
Footnotes:
--- (1) --- State Law reference— Refuse disposal provisions required, G.L. 1956, § 23-18.9-1 et seq.; Rhode Island Resource Recovery Corporation Act, G.L. 1956, § 23-19-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 58-1. - Littering.#
(a)
No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or in the waters of this state or upon private property in this state owned by him except:
(1)
When the property is designated by the state or by any of its agencies or political subdivisions for the disposal of solid waste or litter, and the person is authorized to use the property for that purpose; or
(2)
Into a litter receptacle in a manner that the litter will be prevented from being carried away by the elements.
(b)
Any person who violates any of the provisions of this section shall be punished by a fine of $200.00 for each violation.
(Code 1982, § 9-1; Code 2003, § 58-1)
State Law reference— Scattering debris on highway, G.L. 1956, § 11-22-10; littering, G.L. 1956, § 37-15-1.
Sec. 58-2. - Illegal deposits on land.#
It shall be unlawful for any person to place or deposit, or cause to be placed or deposited, any decomposing or decomposable animal or vegetable matter, building material, household appliance, automobiles or automotive parts, or general trash, for purposes of disposal upon any land anywhere within the town until such person shall have first received permission from the town council to do so. This section shall not prohibit compost piles that are maintained so as not to constitute a nuisance.
(Code 1982, § 9-2; Code 2003, § 58-2)
State Law reference— Litter control and recycling, G.L. 1956, § 37-15-1 et seq.
Sec. 58-3. - Unlawful accumulation of garbage and refuse.#
The owner of premises upon which persons reside, or which are frequented for pleasure or business, shall keep such premises free from accumulations of garbage, rubbish, rags, tin cans, paper, empty barrels, boxes, or any material, which because of its character, condition or improper storage may invite the breeding or collecting of flies, mosquitoes or rodents, or which may in any other manner be prejudicial to the public health.
(Code 1982, § 9-3; Code 2003, § 58-3)
State Law reference— Refuse disposal, G.L. 1956, § 23-18.9-1 et seq.
Sec. 58-4. - Industrial waste products.#
Materials or waste products from any mill, factory, slaughterhouse, rendering or fertilizing works, junk establishment, or other industry or utility shall not be stored or deposited in such manner as to cause the surrounding atmosphere, land or water to be polluted or contaminated, creating offensive conditions and tending to be injurious to the public health.
(Code 1982, § 9-4; Code 2003, § 58-4)
Sec. 58-5. - Animal carcasses.#
The carcass of any dead animal not killed for food shall be removed and disposed of within 24 hours after death, by burial, incineration, or other method approved by the health authorities.
(Code 1982, § 9-5; Code 2003, § 58-5)
Sec. 58-6. - Swill and garbage to be kept in watertight container.#
No owner or occupant of any premises in the town shall keep, or permit or suffer to be kept thereon, any swill or garbage except in a covered watertight receptacle provided for such purpose.
(Code 1982, § 9-6; Code 2003, § 58-6)
Sec. 58-7. - Bringing refuse into town.#
No person shall at any time bring into or cause to be brought into the town any swill, garbage, dead animal or other offensive matter, without first obtaining permission from the town council.
(Code 1982, § 9-7; Code 2003, § 58-7)
Sec. 58-8. - All loads covered; operation of vehicles transporting solid waste.#
No person shall operate any vehicle upon a public highway of this town in which solid waste is carried unless such waste is covered and/or properly secured to prevent the contents of the vehicle from falling off and littering the highway. Failure to properly cover or otherwise properly secure a vehicle load shall result in the denial of access to the transfer and recycling station.
(Code 1982, §§ 9-10, 9-34(g); Code 2003, § 58-8)
State Law reference— Scattering debris on highway, G.L. 1956, § 11-22-10.
Sec. 58-9. - Offensive matter; vehicle to be covered and watertight.#
No person shall at any time transport along, upon or over any highway, street, road, lane or alley in the town the contents of any privy vault, cesspool, slaughterhouse offal or any other offensive matter in any tub or other receptacle or in any vehicle which is not effectually covered and which is not watertight.
(Code 1982, § 9-11; Code 2003, § 58-9)
State Law reference— Transportation of certain wastes, G.L. 1956, § 23-19.4-1 et seq.; vehicles scattering load, G.L. 1956, §§ 31-25-9, 31-25-10.
Sec. 58-10. - Carcasses of large animals; covering.#
No person shall transport or convey along, upon, or over any highway, street, road, lane or alley of the town the dead body of any horse, cow, ox, hog, dog, or other large animal not slaughtered and in condition for food, unless the animal shall be effectually covered and hidden from view.
(Code 1982, § 9-12; Code 2003, § 58-10)
Sec. 58-11. - Vehicles carrying offensive matter.#
No receptacle or vehicle having the contents of any privy vault, cesspool, or any slaughterhouse offal, swill, household garbage or any other offensive matter shall be permitted to remain upon any highway, street, road, lane or alley in the town, except so long as may be necessary in loading the receptacle or vehicle.
(Code 1982, § 9-13; Code 2003, § 58-11)
Sec. 58-12. - Unauthorized collection.#
No person shall collect solid waste materials prepared for curbside collection unless licensed as required in section 58-156.
(Code 1982, § 9-16(k); Code 2003, § 58-12)
Sec. 58-13. - Solid waste hazard or nuisance.#
No person having custody or control of residential, industrial or business premises from which solid waste, including recyclables, is collected for disposal by the town shall permit or cause any solid waste, including recyclables, within his control, to become a hazard to public travel, health or safety.
(Code 1982, § 9-16(j); Code 2003, § 58-13)
Secs. 58-14—58-35. - Reserved.#
ARTICLE II. - RECYCLING#
Sec. 58-36. - 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:
Arrangements means the process by which a city or town plans for and carries out the separation, weighing, collection, hauling and disposal of solid waste generated within that city or town.
Bulk item means an item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
Hazardous waste means any waste as defined in G.L. 1956, § 23-19.1-4, and regulations adopted pursuant thereto, and as such regulations may be amended from time to time.
Household hazardous waste means hazardous municipal solid waste.
Local recycling program means a recycling program for municipal solid waste as set forth in a local recycling plan approved by the state pursuant to the municipal recycling regulations, as amended.
Mixed recyclables means recyclable materials which are required to be removed from municipal solid waste at the source and placed in or on top of the setout container provided by the state for transport to the nearest materials recovery facility for recycling.
Municipal solid waste means solid waste generated by the residents of a municipality in the course of daily living, excluding such waste generated by residents in the course of their employment or generated by any manufacturing or commercial enterprise.
Recyclable materials means materials separated from municipal solid waste for reuse as specified by the director of the state department of environmental management and specified in section 4 of the municipal recycling regulations promulgated by such department and within this article.
Resident means anyone residing in the town who generates solid waste.
Solid waste means garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources, but not including solids or dissolved materials in domestic sewage or sewage sludge, nor hazardous waste, and defined in the Hazardous Waste Management Act, G.L. 1956, § 23-19.1-1 et seq.
Source separation means the removal by the generator of recyclable materials, including mixed recyclables, from all other solid waste generated by the household, and conveyance of the recyclables to the curbside or other designated location by the municipality or its agents.
White goods means major kitchen or laundry appliances including, but not limited to, stoves, washers, refrigerators and dryers. Nothing in this definition shall waive compliance with the rules and regulations for generation, transportation, storage and disposal of hazardous waste.
(Code 1982, § 9-16(a); Code 2003, § 58-36)
Sec. 58-37. - Program established; implementation and administration.#
There is hereby established a program for the mandatory separation of certain recyclable materials from municipal solid waste by the residents of the town and the collection of segregated municipal solid waste at the resident's curbside, property line, or at such other locations as may be from time to time specified by the town administrator. The program shall be implemented and administered by the town administrator with the assistance of the department of public works, the recycling coordinator and the school department.
(Code 1982, § 9-16(b); Code 2003, § 58-37)
Sec. 58-38. - Coordinator.#
The town council shall appoint an individual either parttime or fulltime to coordinate the recycling program with the department of public works, private trash haulers and recycling facilities, and to provide recycling education for the residents and school children including, but not limited to, speaking engagements, school presentations, preparation of press releases, direct mailings, special events, and such other efforts to inform the public of the benefits of recycling and the mechanics of its implementation in accordance with such regulations as may from time to time be promulgated by the state department of environmental management.
(Code 1982, § 9-16(c); Code 2003, § 58-38)
Sec. 58-39. - Curbside collection.#
(a)
The town shall provide for the collection of mixed recyclables once a week from residents and dwellings with one to four units inclusive. Such materials shall be placed at the curbside or property line, as the case may be, in containers provided by the town. For the purposes of this section, the mixed recyclables shall be:
(1)
Food and beverage containers made of glass.
(2)
Aluminum products.
(3)
Tin cans/steel cans.
(4)
Plastic soda bottles and milk jugs.
(5)
Such other materials and items as shall be designated from time to time by the state department of environmental management. The town administrator shall publish a schedule of such items by posting a notice at the Town Hall, 93 Narragansett Avenue, and at the Town Office Building, 44 Southwest Avenue, and by publication of the notice once a week for two consecutive weeks in a newspaper of general circulation within the town. The inclusion of such items in the list of materials for curbside collection shall become effective on the day following the second publication.
(b)
In addition to the mixed recyclables described in subsection (a) of this section, which shall be placed in the containers provided, newspapers shall be placed in proximity to the containers in stacks 12 inches high or less and tied or placed in brown paper grocery bags.
(Code 1982, § 9-16(d); Code 2003, § 58-39)
Sec. 58-40. - Collection schedules.#
The town administrator shall publish collection schedules by posting notice of the schedules at the Town Hall, 93 Narragansett Avenue, and the Town Office Building, 44 Southwest Avenue, and by publication of the schedules once a week for two consecutive weeks in a newspaper of general circulation within the town.
(Code 1982, § 9-16(f); Code 2003, § 58-40)
Sec. 58-41. - White goods.#
The director of public works shall provide for mandatory recycling of white goods.
(Code 1982, § 9-16(e); Code 2003, § 58-41)
Sec. 58-42. - Public events and festivals.#
The town shall require the separation of recyclables as a condition of licensing or authorizing public events at which significant solid waste will be generated, for which the town accepts responsibility for disposal.
(Code 1982, § 9-16(g); Code 2003, § 58-42)
Sec. 58-43. - Commercial recycling.#
Business firms shall be subject to state and federal recycling regulations.
(Code 1982, § 9-16(h); Code 2003, § 58-43)
Sec. 58-44. - Collection by private parties and nonprofit groups.#
Residents are allowed to give recyclables to individuals and to private and nonprofit organizations that have been duly licensed and whose collections are reported in a manner specified by the town administrator to be in compliance with the state department of environmental management reporting requirements.
(Code 1982, § 9-16(i); Code 2003, § 58-44)
Sec. 58-45. - Volunteer collection of recyclable materials.#
The director of public works may issue permits to private parties or charitable organizations to collect recyclable materials on the condition that a report is filed by such party or organization detailing the amount of each material collected, in compliance with the state department of environmental management reporting requirements, and provided that the town administrator determines that such collection does not defeat the purpose of cost effectiveness of the town's recycling program nor conflict with the town's local implementation program.
(Code 1982, § 9-16(l); Code 2003, § 58-45)
Sec. 58-46. - Contracts.#
The town administrator is empowered to supervise, facilitate and contract with either state recycling facilities as mandated by the general laws of the state or with commercial firms for the receipt and processing of recyclable material in a manner consistent with the town's local implementation program that yields the best rate of recycling and the most cost effective result for the town.
(Code 1982, § 9-16(o); Code 2003, § 58-46)
Sec. 58-47. - Reporting requirement.#
The town shall establish an accurate system to keep monthly records of weights of total municipal solid waste and of recyclables which are separated from the total municipal solid waste stream, which records shall be submitted on a monthly basis to the state department of environmental management.
(Code 1982, § 9-16(m); Code 2003, § 58-47)
Secs. 58-48—58-70. - Reserved.#
ARTICLE III. - SOLID WASTE TRANSFER AND RECYCLING CENTER#
DIVISION 1. - GENERALLY#
Sec. 58-71. - Short title of article.#
This article shall be known as the "Solid Waste Management Ordinance."
(Code 1982, § 9-31; Code 2003, § 58-71)
Sec. 58-72. - Intent and purpose of article.#
Pursuant to G.L. 1956, § 23-18.9-1, the town has constructed a solid waste transfer and recycling station located on North Main Road in the town. The purpose of the station is to provide for the safe and sanitary disposal of refuse generated within the boundaries of the town, excluding refuse from sources owned or operated by the state or federal governments.
(Code 1982, § 9-32; Code 2003, § 58-72)
Sec. 58-73. - 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:
Commercial hauler means a private contractor engaged in the collection and transportation of solid waste for a fee.
Jamestown Transfer and Recycling Station (JTRS) means a facility located off North Main Road designated as the collection depository for residential solid waste generated within the geographic boundaries of the town.
Nonresidential solid waste means solid waste from agricultural, commercial, industrial or institutional activities.
Permit means a sticker or decal issued by the town clerk to residents of the town upon proper proof of residence authorizing the holder of the permit the use of the transfer and recycling station.
Residential solid waste means waste generated from residential activities.
Residential user means a person who delivers residential solid waste to the transfer and recycling station which is generated by, and at, his place of residence.
Solid waste means garbage, refuse, and other discarded solid material generated by residential, institutional, commercial, industrial, and agricultural sources, but does not include solids or dissolved materials in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in G.L. 1956, § 23-19.1-4.
(Code 1982, § 9-33; Code 2003, § 58-73)
Sec. 58-74. - Enforcement of article; penalty.#
(a)
Any person who violates any of the provisions of this article or the regulations enacted pursuant thereto shall, upon conviction, be fined no more than $250.00 upon a first offense and be fined no more than $500.00 upon a second conviction.
(b)
Any person who violates any of the provisions of this article or the regulations enacted pursuant thereto shall become liable to the town for any expense, loss or damage occasioned by the town by reason of such violation.
(Code 1982, § 9-38; Code 2003, § 58-74; Ord. of 2-2-2009, § 1)
State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2.
Secs. 58-75—58-90. - Reserved.#
DIVISION 2. - REGULATIONS#
Sec. 58-91. - Scope of service; hours of operation.#
(a)
The transfer and recycling station shall accept only solid waste generated within the town by residential users displaying permits.
(b)
The transfer and recycling station shall be open to the public for those hours deemed necessary by the town.
(Code 1982, §§ 9-15, 9-34(a), (b); Code 2003, § 58-91)
Sec. 58-92. - Setting fires.#
No person shall set fire to any matter or material deposited on the premises.
(Code 1982, § 9-15; Code 2003, § 58-92)
Sec. 58-93. - Prohibited items.#
The following items are prohibited from the transfer and recycling station: (1)
All liquid and semiliquid wastes.
(2)
Boulders, dirt, gravel, sand, loam, fill or other earthen materials.
(3)
Tree stumps.
(4)
Human or animal remains.
(5)
Ash, cinder or hot loads.
(6)
Farm or other large equipment.
(7)
Pathological or biological waste.
(8)
Hazardous waste as now or hereafter determined by any governmental authority.
(9)
Chemicals or compounds of chemicals which are explosive, flammable, radioactive or toxic.
(10)
Motor vehicles or components of motor vehicles.
(11)
Any substance or item which may cause damage to or adversely affect the operation of the transfer and recycling station.
(Code 1982, § 9-34(c); Code 2003, § 58-93)
Sec. 58-94. - Restricted items.#
The following items shall be accepted at the transfer and recycling station, subject to the following restrictions: (1)
Hedge trimmings must be securely bundled and shall not exceed four feet in any one of its dimensions and be readily handled by one person.
(2)
Metal goods such as stoves, refrigerators, water heaters, washers and dryers must be deposited at a designated location at the transfer and recycling station and must have doors removed before acceptance.
(3)
Tires shall be limited to an occasional tire as would normally be disposed of by a household not engaged in the manufacture, sale or distribution of vehicle tires and/or tubes.
(4)
Bagged leaves and grass trimmings will be accepted at a designated area.
(Code 1982, § 9-34(d); Code 2003, § 58-94)
Sec. 58-95. - Special materials processing.#
Nothing within this article will prevent the acceptance of restricted materials which, in the opinion of the public works director, can be properly handled by the transfer and recycling station on a limited basis at a special tipping fee established by the town council.
(Code 1982, § 9-34(e); Code 2003, § 58-95)
Sec. 58-96. - Scavenging and loitering.#
No scavenging or loitering will be permitted at the transfer and recycling station compound.
(Code 1982, § 9-34(f); Code 2003, § 58-96)
Sec. 58-97. - Rules and regulations.#
The town council shall have the authority to adopt rules and regulations to ensure the proper and safe operation of the transfer and recycling station and the disposal of solid waste generated within the boundaries of the town.
(Code 1982, § 9-34(h); Code 2003, § 58-97)
Sec. 58-98. - Special fees and agreements.#
Special fees and agreements for the process of items or materials not regularly accepted at the transfer and recycling station may from time to time be established by the town council.
(Code 1982, § 9-37; Code 2003, § 58-98)
Secs. 58-99—58-115. - Reserved.#
DIVISION 3. - RESIDENCE PERMIT#
Sec. 58-116. - Required.#
All vehicles entering the transfer and recycling station compound shall possess a town residence permit.
(Code 1982, § 9-36; Code 2003, § 58-116)
Sec. 58-117. - Dumping in designated areas; sticker required.#
(a)
All persons using the premises selected by the town council as a solid waste transfer station shall dump and deposit all refuse matter in the place and in the manner as designated and established by the station operator.
(b)
No person shall dump or deposit any refuse outside the transfer station facility or in any area not designated by the station operator.
(c)
The town shall issue an annual residence sticker to any resident upon the payment of a fee, as established from time to time by resolution of the town council. Any person who shall dump or deposit any refuse at the transfer station without the required residence sticker shall be in violation of this division and shall be fined $100.00 for each violation.
(d)
The residence sticker shall permit the owner to use the town transfer station. As used in this section, the term "resident" means any person registered to vote in the town or owning, renting or leasing real estate in the town for a period of 30 consecutive days or more.
(Code 1982, § 9-14; Code 2003, § 58-117; Ord. of 3-24-1997, § 9-14)
State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2.
Secs. 58-118—58-140. - Reserved.#
ARTICLE IV. - COMMERCIAL HAULERS#
DIVISION 1. - GENERALLY#
Secs. 58-141—58-155. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 58-156. - Required; fee.#
(a)
Commercial haulers who collect and/or transport solid waste in the town shall be annually licensed by the town council, subject to rates and conditions prescribed and authorized by the town council.
(b)
The annual licensing fee shall be established annually for a commercial hauler license as a part of the rules and regulations adopted pursuant to section 58-97.
(c)
The license year shall be December 1 through November 30 of the following year.
(Code 1982, §§ 9-8, 9-9, 9-35(a)—(c); Code 2003, § 58-156)
Sec. 58-157. - Duties of licensees.#
All qualified persons engaged in the business of collection and hauling of solid waste and operation of transfer stations within town boundaries shall be licensed in compliance with the state's rules and regulations for solid waste disposal facilities and the provisions of this section. Licensees shall: (1)
Maintain the segregation of municipal solid waste which they collect or haul;
(2)
Maintain any separated recyclables which are brought to state-owned recycling facilities to be delivered in processable condition; and
(3)
Deliver to state-owned recycling facilities all separated recyclables which are designated by a city or town to go to such facility.
(Code 1982, § 9-16(n); Code 2003, § 58-157)
Sec. 58-158. - Classified as independent contractors.#
Commercial haulers shall be deemed independent contractors and are not agents of the town.
(Code 1982, §§ 9-8, 9-9, 9-35(d); Code 2003, § 58-158)