The text
Footnotes:
--- (5) --- Editor's note— An Ord. of 4-10-00(1) added a new article VI, sections 38-1—38-4. In order to prevent the duplication of articles, and to maintain consistent section numbers, the provisions of said ordinance have been included herein as article VII, sections 38-221—38-224, at the discretion of the editor.
Sec. 38-221. - Policy and purpose.#
Litter on and alongside public places and shoreside areas of the town, as well as private property, defiles the appearance of the community, denying to the public the full enjoyment of a clean and beautiful natural environment. The effects are adverse to public health and economic progress, as well as to community pride and the town's reputation. While existing town ordinances (e.g., Town Code, chapter 66) deal with solid waste management and disposal in furtherance of state law and policy (G.L. § 37-15-1, et seq.). there is need for a specific provision in town law directed at litter as defined in this article, in order to effectively address this problem.
(Ord. of 4-10-00(1))
Sec. 38-222. - Definitions.#
As used in this article, the following words shall have the meanings given below:
Litter means trash, waste, rubbish, ashes, cigarette butts, bottles, glass, cans, boxes, wrappings, paper, plastic, wire, garbage, debris or anything else thrown, dropped, placed, or discarded, or otherwise disposed of in a manner not in accordance with state and town law, on public space, private property without permission of the owner or legal occupant, or in the waters of the town.
Person means any person, corporation, firm, partnership, company, association or other legally established organization.
Public space means land, water, streets, highways, waterways, sidewalks, public ways and public grounds (including schools, parks and town forests) owned by the town, as well as by the state.
(Ord. of 4-10-00(1))
Sec. 38-223. - Littering prohibited.#
No person shall throw, drop, place, discard, or otherwise dispose of litter upon public space, private property without permission of the owner or legal occupant, or in the waters of the town unless such acts are done in accordance with state and town law relating to the management, disposal and storage of such matter.
(Ord. of 4-10-00(1))
Sec. 38-224. - Enforcement.#
(a)
The main purpose of this article is to focus public attention on the litter problem and to encourage voluntary compliance in the public spirit. Any person that does not comply and is convicted of a violation of this article shall be subject to the following penalties:
(1)
First offense—Fine of not less than $30.00, nor more than $300.00, and/or the violator may be ordered to pick up litter in the town for not less than one nor more than ten hours.
(2)
Subsequent offenses—Fine of not less than $100.00, nor more than $500.00, and/or the violator may be ordered to pick up litter in the town for not less than two nor more than 20 hours.
(3)
In addition to other penalties, a person convicted of a violation of this article shall be liable for the removal or cost of removal of the litter involved.
(b)
All departments and agencies of the town shall assist the town police department in the enforcement of this article.
(c)
The town's municipal court shall have jurisdiction to try violations of this article. In addition to imposing the penalties enumerated above, the court may hold the registration of any vehicle owned by a violator that is used in the act of littering until the liability referred to in subsection (a) above is satisfied (see G.L. § 37-15-7(d)).
(Ord. of 4-10-00(1))