The text
Footnotes:
--- (1) --- Cross reference— Buildings and building regulations, Ch. 4; discharge of refuse into town waters prohibited, § 10-26; soil erosion and sedimentation control, Ch. 17; streets and sidewalks, Ch. 18; subdivisions, Ch. 19; dumping in drainage system prohibited, § 11-154.
State Law reference— Refuse disposal, G.L. 1956, § 23-18.9-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 9-1. - Transfer station fees.#
The schedule of fees for the use of the town's transfer station is set from time to time by the council and a copy of such schedule is on file in the town clerk's office.
(Ord. of 6-17-86)
Sec. 9-2. - Collection time restricted.#
(a)
No person shall pick up garbage or rubbish in the town before 7:00 a.m. and after 7:00 p.m. Monday through Saturday.
(b)
Any person violating the provisions of this section shall, upon conviction, be punished in accordance with section 1-8.
(Ord. of 6-13-78)
Sec. 9-3. - Curbside deposit time restricted.#
(a)
No person shall deposit solid waste, trash, garbage, rubbish, recyclable materials, brush or yard waste for collection by the Town of Warren on the curbside or adjacent to a public street or way more than twenty-four (24) hours prior to the scheduled time for collection of said solid waste, trash, garbage, rubbish, recyclable materials, brush or yard waste by the town.
(b)
Any person violating the provisions of this section shall;
First offense: Violation and warning notice shall be posted at dwelling by department of public works. A copy of the warning notice shall be forwarded to the police department and be lodged in the records of both the Warren Police Department and department of public works.
Second offense: If second offense occurs within one hundred eighty (180) days of the issuance of a violation and warning notice, the property owner shall be fined fifty dollars ($50.00).
Third offense: A third offense within one hundred eighty (180) days of violation and warning notice, the property owner shall be fined one hundred dollar ($100.00).
Fourth offense: A fourth offense (and subsequent offenses thereafter) within one hundred eighty (180) days of a violation and warning, the property owner shall be fined two hundred dollar ($200.00).
(Ord. of 5-12-98; Ord. of 2-9-99; Ord. of 7-12-2005)
Secs. 9-4—9-25. - Reserved.#
ARTICLE II. - HAZARDOUS WASTE#
Footnotes:
--- (2) --- State Law reference— Hazardous waste management facilities, G.L. 1956, § 23-19.7-1 et seq.
Sec. 9-26. - Statement of purpose.#
For the purpose of promoting the general health, safety and welfare of the citizens of the town and for efficiently and effectively treating hazardous wastes while protecting the environment from contamination, it is the intent of this article to regulate the siting and on-going operation of hazardous waste management facilities to the extent permitted by the "Rhode Island Hazardous Waste Management Facilities Act," being Title 23, Chapter 19.7 of the General Laws.
(Ord. of 1-10-84(2), § 1)
Sec. 9-27. - Definitions.#
The definitions included within Chapter 19.7 of Title 23 of the General Laws and all amendments thereto are incorporated within this article as though fully set forth herein.
(Ord. of 1-10-84(2), § 2)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 9-28. - Landfills, injection wells prohibited.#
No property located totally or partially within the town shall be used either for a landfill and/or injection well for the storage, disposal, elimination, destruction or siting of hazardous waste.
(Ord. of 1-10-84(2), § 3)
Sec. 9-29. - Restrictions on management facility.#
A hazardous waste management facility shall not be sited in the town unless the following restrictions are fully met: (1)
A development site for a hazardous waste management facility shall be located a minimum of one thousand (1,000) feet from all zoning district boundary lines of an M Zone, and from the nearest residential or farming use, and/or from a residential or farming zone.
(2)
A development site for a hazardous waste management facility shall be located at least two thousand five hundred (2,500) feet from centers of population including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and any buildings where the concentration of population exceeds one (1) person per one hundred (100) square feet of building area. Such minimum distance shall be measured from the property line as shown on maps in the tax assessor's office.
(3)
A development site for a hazardous waste management facility shall be located at least two thousand five hundred (2,500) feet from a public recreational facility. This minimum distance shall be measured from the property line as shown on maps in the tax assessor's office.
(4)
Hazardous waste management facilities shall be prohibited within one thousand (1,000) feet of environmentally sensitive areas. These areas include but are not limited to areas of steep slope, e.g. slopes of five (5) percent or more; areas identified as fresh water wetlands; water related sensitive areas as delineated on the State of Rhode Island 208 Areawide Water Quality Management Plan (Rhode Island Statewide Planning Project (FRC-JF-01-13)); and areas of flood hazard districts as delineated within the one-hundred-year flood zone or plain of the town.
(5)
A development site for a hazardous waste management facility shall be at least one thousand (1,000) feet from any pond, any major stream or river or any minor stream or river, or any other surface water or waterway. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses and wetland areas.
(6)
The following regulations for an industrial hazardous waste management facility shall apply:
Minimum lot area ..... 200,000 sq. ft.
Minimum lot frontage ..... 200 feet
Minimum front yard ..... 75 feet
Minimum rear yard ..... 75 feet
Minimum side yard ..... 75 feet
Maximum lot coverage (percent) ..... 25 percent
Maximum height:
Principal structure ..... 35 feet
Accessory structure(s) ..... 25 feet
(Ord. of 1-10-84(2), § 4)
Sec. 9-30. - Application filing.#
(a)
Any developer seeking to site a hazardous waste management facility in the town shall file with the town clerk ten (10) copies of the entire filing made pursuant to the Hazardous Waste Management Act, section 23-19.1-1-1 et seq. of the General Laws in seeking a permit for such facility. Such copies shall be filed with the town clerk within ten (10) days of filing under the act.
(b)
In addition to the foregoing, any person seeking any renewals, extensions or modifications of a DEM Variance for any facility in the town or, in a neighboring community shall file with the town clerk a copy of the entire application within ten (10) days of filing for such variance.
(c)
In addition, any such developer shall file with the town clerk ten (10) copies of a proposed impact report as herein required for review by the local assessment committee. This filing shall be made within ten (10) days of receiving the permit.
(Ord. of 1-10-84(2), § 5)
Sec. 9-31. - Local assessment committee.#
(a)
Appointment. There shall be appointed a local assessment committee consisting of no less than five (5) nor more than nine (9) members, including: the town council president, or if the council president chooses not to serve on the local assessment committee, another member of the council chosen by the council, the chairman of the planning commission, and not less than two (2) public members appointed by the town council president, at least one (1) of whom shall be knowledgeable in environmental matters by reason of training or experience. The committee shall elect its own chairman. Service on any other board or committee of the town or on any other assessment committee shall not bar participation on an assessment committee of any such member, and such person may be designated as a "public" member for the purpose of this article. An assessment committee may consider more than one (1) hazardous waste management facility siting application.
(b)
Term. The local assessment committee shall be appointed within forty-five (45) days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the state hazardous waste management act which facility proposes to be sited in or have impact upon the town. The committee shall serve until such time as siting or impact agreements are negotiated with the developer and ratified by the town council or until such time as siting or impact agreement is reached in accordance with Chapter 19.7 of Title 23 of the General Laws.
(c)
Dissolution. Prior to dissolving at the end of its mandated existence, the committee shall suggest to the town council, the appointment of a town official, board or department which is to be responsible for monitoring of the construction and on a regular basis the on-going practices and procedures of the hazardous waste management facility involved in its review and to ensure the continued safe operation in compliance with the siting or impact agreement and other town ordinances and regulations. The committee may require the developer to make regular or specifically defined reports to such official, board or department, and a system of inspections, reports and funding by the developer for such monitoring may be included in the siting or impact agreement. The town council shall have the authority to take any appropriate action pursuant to the agreement as a result of the on-going hazardous waste management facility operation and this provision.
(d)
Powers and duties. The powers and duties of the local assessment committee shall be those set forth in Chapter 19.7 of Title 23 of the General Laws.
(e)
Ratification. No siting or impact agreement negotiated by the local assessment committee shall be binding upon or enforceable against the town until:
(1)
The local assessment committee holds a public hearing on the proposed siting or impact agreement; and
(2)
Following such public hearing the agreement is ratified by the town council.
The town council shall by this article have the power to approve or reject any such siting or impact agreement.
(Ord. of 1-10-84(2), § 6)
Cross reference— Boards, commissions and committees, § 2-121 et seq.
Sec. 9-32. - Prohibition against variances or special exceptions.#
Notwithstanding any provision in the zoning ordinance for the town, no developer shall be entitled to receive any variance or special exception for any requirement in this article.
(Ord. of 1-10-84(2), § 7(a))
Sec. 9-33. - Variance procedures.#
Upon receipt of the town clerk of any notice of a variance application filed with the department of environmental management pursuant to section 23-19.1-11 of the General Laws, the town council shall review the application or cause the same to be reviewed by some other town official, board or department and request an advisory opinion therefrom. If in the town council's determination the variance might adversely affect the town, its citizens or the environment, the council may authorize such action as it deems appropriate, including opposing the application.
(Ord. of 1-10-84(2), § 7(b))
Sec. 9-34. - Notification of receipt of application.#
The town clerk shall notify forthwith all members of the town council upon receipt from the department of environmental management of notice that an application to construct or substantially alter a hazardous waste management facility has been received. Council members shall be notified of applications for hazardous waste management facilities both within the town and in neighboring communities.
(Ord. of 1-10-84(2), § 8)
Sec. 9-35. - Council ratification required.#
(a)
The town council shall hereby be empowered to approve or reject any proposed siting or impact agreement submitted to it by the local assessment committee herein. The town council shall exercise their power to approve or reject the proposed siting or impact agreement only after there has been a public hearing as set forth in this article.
(b)
A two-thirds majority vote of the council shall be necessary for approval. Once approved the siting or impact agreement statement shall be binding and enforceable upon all parties thereto.
(Ord. of 1-10-84(2), § 9)
Cross reference— Town council, § 2-26 et seq.
Sec. 9-36. - Notice of public hearing and conduct of meetings.#
(a)
Notice of the public hearing required to be held by the assessment committee shall be sent by certified mail to all owners of real property within five hundred (500) feet of the property being proposed for a hazardous waste management facility not less than ten (10) days prior to such hearing. Additional public notice shall be given by publication in a newspaper of general circulation in the town at least seven (7) days prior to the date of the hearing.
(b)
The committee shall afford all interested persons an opportunity to be heard at the public hearing, and the hearing shall be conducted in accordance with the customary procedural rules governing town council public hearings. Since the hearing is for informational purposes, no right of appeal shall exist.
(c)
All costs associated with this section shall be paid by the applicant.
(Ord. of 1-10-84(2), § 10)
Sec. 9-37. - Performance standards.#
In addition to the provisions herein, all hazardous waste management facilities shall comply with the relevant portions of all zoning ordinance requirements as from time to time established by the town.
(Ord. of 1-10-84(2), § 11)
Sec. 9-38. - Project impact report.#
The project developer shall submit to the town council a project impact report delineating the potential environmental and other impacts of the following considerations: (1)
Public water and aquifers, wetlands, floodplains, groundwater;
(2)
Firefighting, police protection and other public services to be provided, including but not limited to equipping and training local emergency personnel;
(3)
Sewer facilities;
(4)
By-products of facility;
(5)
Monitoring procedures and practices;
(6)
Proximity to food processors;
(7)
Taxation;
(8)
Economic security of community;
(9)
Economic viability of developer;
(10)
Natural resources;
(11)
Risk to public health, safety and welfare;
(12)
Transportation of hazardous materials, to, from, and within the site;
(13)
Emergency procedures.
(Ord. of 1-10-84(2), § 12)
Sec. 9-39. - Affidavit from applicant.#
The applicant under the provisions of this article shall submit an affidavit acknowledging his understanding of the applicable standards provided in this article and his continuing agreement to comply with these standards.
(Ord. of 1-10-84(2), § 13)
Secs. 9-40—9-50. - Reserved.#
ARTICLE III. - SOLID WASTE DISPOSAL AND RECYCLING#
Footnotes:
--- (3) --- Editor's note— Ord. of June 12, 1990, amended the Code by adding a new Art. III, §§ 9-40—9-64, which sections have been redesignated herein as Art. III, §§ 9-51—9-74, at the editor's discretion. Section 9-62 of said ordinance, which pertained to severability, has been omitted as similar provisions are set out in § 1-5 of this Code.
Sec. 9-51. - Definitions.#
As used in this article, the following terms shall be construed as follows:
Bulk item shall mean an item of solid waste larger than two (2) feet by two (2) feet by two (2) feet or heavier than seventy-five (75) pounds. Doors and enclosures related to such items must be removed.
Director shall mean the director of public works of the town.
Hazardous waste shall be any waste defined in the Rhode Island Hazardous Waste Management Act, section 23-19.1-4, of the General Laws, or in regulations adopted pursuant thereto and as they may be amended.
Household hazardous waste shall mean hazardous municipal waste generated by residents of the town.
Mixed recyclables shall mean recyclable materials which are required to be removed from the municipal solid waste at the source and placed in set-out approved containers for transport to the nearest materials recovery facility (MRF) for recycling.
Municipal solid waste shall be solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of the municipality has undertaken in the discharge of its duties to protect the health of the municipality. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.
Recyclable materials shall mean materials separated from municipal solid waste for reuse as specified by the Director of the Department of Environmental Management of the State of Rhode Island and including, but not limited to, plastic milk and beverage containers, newspapers, glass and metal and such other materials as may be listed by the director of public works and the town recycling coordinator and added to this article by amendment passed by the town council from time to time.
Resident shall not include any nonresidential uses of a structure by any business, church, and/or any person or entity not specifically exempted from this article.
Sludge shall mean any matter obtained from a cesspool or septic tank.
Solid waste shall mean garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but not including solids or dissolved material in domestic sewage or sludge, auto parts, nor hazardous waste as defined in the Hazardous Waste Management Act, Title 23, Chapter 19.1 of the General Laws.
Source separation shall mean 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 location designated by the municipality or its agents.
Transfer station shall mean a facility or facilities operated by or for the municipality whose purpose is the temporary storage and accumulation by permit only of the municipal solid waste generated by residents at their residences prior to its transport and disposal at a state landfill or resource recovery facility and for the temporary storage and accumulation of commercial waste generated by commercial enterprises from within the municipality to which the town has granted a permit for use of the transfer station. Said permits shall be limited to commercial enterprises within the town and shall require that commercial waste be separated into the categories required by the town limited to one-half ton vehicle and for which the town shall charge a fee to be established from time to time for each load to be deposited in the transfer station. All residential and commercial waste must be separated into recyclable and nonrecyclable material.
White goods shall mean 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.
(Ord. of 6-12-90; Ord. of 7-12-2005; Ord. of 4-14-2020)
Sec. 9-52. - Implementation.#
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 solid waste at the town's curbside, or at other specified locations. The collection of separate recyclables shall be made periodically under the supervision of the director of public works and the recycling coordinator.
(Ord. of 6-12-90)
Sec. 9-53. - Director.#
The director of public works at the direction of the town council shall have the responsibility and shall oversee implementation of this article. The director shall be responsible for providing support for the recycling coordinator to adequately perform his/her duties under state and local law.
(Ord. of 6-12-90)
Sec. 9-54. - Recycling coordinator.#
The town council shall appoint an individual, either part or fulltime, to provide recycling education for residents and school children and to coordinate the recycling program with the department of public works, private trash haulers and recycling centers in a manner consistent with state and federal regulations. One of the prime duties of the recycling coordinator shall be to encourage public education regarding recycling through the media and through the schools.
(Ord. of 6-12-90)
Sec. 9-55. - Reserved.#
Editor's note— An ordinance adopted April 14, 2020 repealed § 9-55 which pertained to the chief of police and derived from an ordinance adopted June 12, 1990.
Sec. 9-56. - Curbside collection; mixed recyclables.#
The department of public works shall collect mixed recyclables biweekly from all dwellings consisting of four (4) or less dwelling units. Materials shall be placed at the curbside, or other locations as approved by the department of public works, in approved containers. The department of public works shall prominently publish the initial schedule of said collection and shall publish a new schedule or procedural guidelines thereafter whenever there is a change in either materials to be collected, collection procedures or schedules. Mixed recyclables, which shall be placed in the containers provided, shall consist of the following: (1)
Food and beverage containers made of glass.
(2)
Aluminum products.
(3)
Tin cans.
(4)
Plastic soda bottles and milk jugs.
(5)
Newspapers and other recyclable paper products, excluding shredded paper.
The mixed recyclables shall be pretreated prior to placing in the containers in the following manner: Glass, food and beverage containers shall be rinsed and lids removed. No broken glass shall be placed in the containers. Aluminum and tin cans shall be rinsed. Aluminum furniture shall have webbing removed, and glass shall be removed from aluminum windows. Plastic containers shall be rinsed and caps removed.
(Ord. of 6-12-90; Ord. of 7-12-2005; Ord. of 4-14-2020)
Sec. 9-57. - Other recyclables.#
The department of public works shall set up and prominently publish its schedule for the collection of other recyclable materials that are not picked up under weekly curbside collection.
(Ord. of 6-12-90)
Sec. 9-58. - Bulk items.#
Bulk items shall be collected by the department of public works on Thursdays by appointment only. Said collection shall be prominently advertised.
Only items bearing a sticker issued upon payment shall be collected. The fee schedule for curbside pickup, by the department of public works, will be determined prior to each new fiscal year or when needed by recommendation from the DPW director and approved by the town council. Fee schedule will be made available upon its acceptance and posted on the town website and will also be made available at both the DPW and town clerk's offices. (1)
Tier 1 items, including, but not limited to, oversized items such as hot tubs, dismantled swing sets and items requiring freon removal.
(2)
Tier 2 items, including, but not limited to, metal household appliances (without freon), mattresses, couches, and entertainment centers.
(3)
Tier 3 items, including, but not limited to, televisions and other smaller household goods.
The fee schedule for disposal at the transfer station, will be determined prior to each new fiscal year or when needed by recommendation from the DPW director and approved by the town council. Fee schedule will be made available upon its acceptance and posted on the town website and will also be made available at both the DPW and town clerk's offices. (1)
Tier 1 items, including, but not limited to, oversized items such as hot tubs, dismantled swing sets and items requiring freon removal.
(2)
Tier 2 items, including, but not limited to, metal household appliances (without freon), mattresses, couches, and entertainment centers.
(3)
Tier 3 items, including, but not limited to, televisions and other smaller household goods.
A policy for collection of these fees will be determined by the director of public works and a schedule of fees shall be posted.
(Ord. of 6-12-90; Ord. of 6-14-2005; Ord. of 4-14-2020; Ord. of 6-13-2023(1))
Sec. 9-59. - Leaf, lawn and garden matter.#
(a)
Leaf, lawn and garden matter contained in paper bags will be picked up curbside on regular collection days weekly from April 1 until December 31. Christmas trees will be picked up curbside on regular collection days from January 1 through January 31.
(b)
Chipping program: Brush will be collected and chipped by the department of public works by appointment only with the following restrictions:
(1)
Piles must be placed curbside on the day of collection, or as instructed by the department of public works.
(2)
Piles must be no higher than three (3) feet and no wider than four (4) feet.
(3)
Brush larger than four (4) inches in circumference will not be accepted.
(4)
No logs or stumps will be accepted.
(5)
No piles generated by landscapers will be accepted.
(Ord. of 4-14-2020; Ord. of 01-09-2024(1))
Sec. 9-60. - Containers.#
All nonrecyclable materials must be contained in approved containers provided by the town.
(Ord. of 6-12-90; Ord. of 4-14-2020)
Sec. 9-61. - Recyclable materials.#
Recyclable materials shall be deposited at the curb in special approved recycling containers provided by the town to the residents. These containers initially shall be provided free of charge and thereafter for a fee specified by the director of public works. Materials shall be prepared for recycling according to directions.
(Ord. of 6-12-90; Ord. of 4-14-2020)
Sec. 9-62. - Multifamily housing units.#
The town will only provide municipal solid waste disposal service to structures containing less than five (5) residential units.
An owner of a multifamily dwelling containing five (5) or more units may petition the town council for municipal solid waste disposal service. The town council may approve the request contingent of payment of a fee deemed appropriate by the town council in consultation with the director of public works.
This fee will be promulgated by the director of public works no later than January 31 of each year and published in a newspaper of general circulation within the Town of Warren.
(Ord. of 6-12-90; Ord. of 7-12-2005)
Sec. 9-63. - Licensed 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. With said license the town shall require sufficient collection bags or boxes for expected recyclables and/or shall provide specially marked containers to be used for said recyclables at certain municipal facilities where such events normally occur.
(Ord. of 6-12-90)
Sec. 9-64. - Household hazardous waste.#
The director, in cooperation with the Department of Environmental Management and with other state and federal regulatory authorities, will implement a plan to encourage and effectuate the periodic collection of hazardous substances, recyclable or not, and prominently publish information on the procedures for safe and ecologically sound disposal of these substances. Certain substances, such as toxic chemicals, dead animals, demolition debris, excrement, surgical medical waste, explosives and other similar dangerous wastes that are liable to do injury to persons or property, are not acceptable for municipal collection, and such items shall be disposed of in accordance with the terms of General Laws 1956, as amended, Title 23, Chapter 19.
(Ord. of 6-12-90)
Sec. 9-65. - Commercial recycling (Reserved).#
Sec. 9-66. - Compliance.#
(a)
All residents, as herein defined, shall separate recyclables from the non-recyclable portion of their solid waste and prepare them for recycling according to directions published by the town. The town's trash haulers shall pick up two (2) different portions so that the recyclable materials are taken to proper drop sites for sale, processing or composting according to the requirements of specific materials and so that non-recyclable materials are disposed of properly.
(b)
The Town of Warren hereby reserves the right to deny collection of municipal solid waste from any resident, household or residence that shall not comply with the mandatory separation of recyclable materials from municipal solid waste and/or shall not set out for collection recycling containers with recyclable material contained therein.
(Ord. of 6-12-90; Amend. of 10-13-2009)
Sec. 9-67. - Collection by private parties and nonprofit groups.#
Residents may separate recyclables and place the same in containers at the street line for collection by private nonprofit organizations that have been duly licensed and whose collections are reported in a manner specified by the director to be in compliance with Department of Environmental Management reporting requirements.
(Ord. of 6-12-90)
Sec. 9-68. - Penalties for noncompliance.#
Violation of this article shall be punished by the following means:
Municipal solid waste: First offense: Violation and warning notice shall be posted at the dwelling by the department of public works or code enforcement officer. A copy of the warning notice shall be forwarded to the building department and be lodged in the records of the building department and department of public works. If the violation is not remedied within twenty-four (24) hours of written notice, the property owner shall be fined twenty-five dollars ($25.00) per day and the violation shall be referred to housing court for adjudication.
Second offense: If second offense occurs within one hundred eighty (180) days of the issuance of a violation and warning notice, the property owner shall be fined fifty dollars ($50.00) per day and the violation shall be referred to housing court for adjudication.
Third offense: A third offense within one hundred eighty (180) days of violation and warning notice, the property owner shall be fined one hundred dollars ($100.00) per day and the violation shall be referred to housing court for adjudication.
Fourth offense: A fourth offense (and subsequent offenses thereafter) within one hundred eighty (180) days of a violation and warning notice, the property owner shall be fined two hundred dollars ($200.00) per day and the violation shall be referred to housing court for adjudication.
All fines are in addition to any fees due and payable for the proper disposal of solid waste.
Recyclables: The director, upon determination that occupants of a single-family dwelling unit, or multifamily dwelling unit, are not participating in the recycling program, and a violation and warning notice has been issued, shall suspend disposal of municipal solid waste from the designated dwelling unit and contact the police department to report the violation via a copy of the violation and warning notice. Municipal solid waste service will not resume at the property until such time as the resident(s) begin participation in the recycling program.
Multifamily dwelling unit compliance and violations: In the case of multifamily dwelling units, it is the responsibility of the property owner to ensure compliance with the provision of this section, therefore letters of noncompliance will be sent to property owners and fines for any violation of the provisions of this section will be assessed against the property owner.
(Ord. of 6-12-90; Ord. of 7-12-2005; Ord. of 4-14-2020)
Sec. 9-69. - Obstructions, hazards or nuisances.#
No person having custody or control of residential, industrial or business premises from which garbage, rubbish or other refuse, including recyclables, is collected for disposal by the town shall permit or cause any solid waste including recyclables or solid waste or recycling containers within his or her control to become a hazard to public travel, health or safety or to become a nuisance of any sort.
(Ord. of 6-12-90; Ord. of 4-14-2020)
Sec. 9-70. - Collection.#
No person engaged in the business of separation, recovery, collection, removal, storage or disposition of garbage, rubbish or other refuse within the town shall pick up or procure any recyclable materials as defined in this article or a valid regulation except as specifically authorized by the director. The restriction shall include any independent citizen, resident, taxpayer or person who might engage in such practice for personal gain.
(Ord. of 6-12-90)
Sec. 9-71. - Volunteer collection of recyclable materials.#
The director may issue permits to private parties or charitable organizations to collect recyclable materials on the condition that a report is filed by the party or organization detailing the amount of materials collected so that the director may comply with the reporting requirements and provided that the director determines that said collection does not defeat the purpose of cost effectiveness of the town's recycling program nor conflict with the town's local implementation program.
(Ord. of 6-12-90)
Sec. 9-72. - Recycling contracts.#
The director is empowered and directed to supervise, facilitate and contract with either the state recycling facilities as mandated by the General Laws of the State of Rhode Island or with commercial firms for the receipt and processing of recyclable materials in a manner consistent with the town's local implementation program that yields the best rate of recycling and the most cost effective result to the town.
(Ord. of 6-12-90)
Sec. 9-73. - Regulations.#
The director of public works is hereby authorized and directed to prepare and publish, subject to council approval, regulations governing use of the town transfer station, including eligibility for use and the type of waste which will be accepted at that facility and what recycling facilities will be made available to residents of the town.
(Ord. of 6-12-90)
Sec. 9-74. - Repeal of conflicting provisions.#
Any and all provisions of the Code of Ordinances of the Town of Warren and specifically, Chapter 9, Articles I and II, which are inconsistent with Chapter 9, Article III, are hereby repealed. All other provisions of the Code of Ordinances and specifically Chapter 9, Articles I and II, which are not inconsistent with Chapter 9, Article III, remain in full force and effect.
(Ord. of 6-12-90)
ARTICLE IV. - JUNK ORDINANCE#
Sec. 9-75. - Authority.#
No person, firm or corporation shall deposit, store, keep or permit to be deposited, stored or kept, in the open, on public or private property a junked or abandoned vehicle or vehicles unless a junkyard license previously had been obtained from the Warren Town Council or appropriate authority. This article shall not apply to any vehicle that is stored in a legal garage, barn, or any other permitted accessory structure.
(Ord. of 8-8-2006, § 2)
Sec. 9-76. - Purpose.#
For the purposes of this article, the term junked or abandoned vehicle shall be defined as: (1)
A motor vehicle that is not registered by the State of Rhode Island or any other state; or,
(2)
A motor vehicle that does not bear a valid inspection sticker from the State of Rhode Island or any other state.
(Ord. of 8-8-2006, § 2)
Sec. 9-77. - Exempt vehicles.#
The following types of vehicles will be exempt from the provisions of this article: (1)
Antique motor vehicles, as defined by Rhode Island general laws.
(2)
A motor vehicle that is used for agricultural purposes.
(3)
Motor vehicle parts from a motor vehicle that is being either assembled or disassembled and cannot be operated on public roads so long as the parts from the disassembled motor vehicle are being or will be used to repair a vehicle registered by the State of Rhode Island or any other state and stored on the same property as the vehicle parts. However, these spare parts must be kept in a neat and orderly manner. Further, all disassembled vehicles must have the gas tank removed and drained of all fluids.
(Ord. of 8-8-2006, § 2)
Sec. 9-78. - Owner of property—Responsibilities.#
The owner of any junked or abandoned vehicle who has not obtained a license as provided for in section 9-75 of this article shall remove same within seven (7) days after being ordered to do so by the Warren Building Official or the Warren Police Department. Any person, firm or corporation who fails to remove a junked or abandoned vehicle after receiving notice from either the Warren Building Official or Warren Police Department ordinance shall be summoned to the Warren Municipal Court.
(Ord. of 8-8-2006, § 2)
Sec. 9-79. - Owner of property—Unknown.#
If the owner of a junked or abandoned vehicle is not known, notice to remove may be given by attaching such notice directly to the vehicle and such notice shall state that the owner of the junked or abandoned vehicle is to contact the Warren Building Official or the Warren Police Department within fourteen (14) days of the date of the notice.
(Ord. of 8-8-2006, § 2)
Sec. 9-80. - Owner of property—Unidentified.#
If the owner of a junked or abandoned vehicle cannot be identified and summoned to the Warren Municipal Court, then notice shall be mailed to the owner of the property on which the junked or abandoned vehicle is located. For purposes of this article, the owner of property on which a junked or abandoned vehicle is located is deemed to be the person or entity listed on the records of the Tax Assessor of the Town of Warren at the address on file with that office. The owner of the property shall remove the junked or abandoned vehicle or otherwise cause the said property to comply with this article within seven (7) days after receiving notice from the Warren Building Official or the or the Warren Police Department. Any person, firm or corporation who fails to remove a junked or abandoned vehicle after receiving notice from either the Warren Building Official or Warren Police Department ordinance shall be summoned to the Warren Municipal Court.
(Ord. of 8-8-2006, § 2)
Sec. 9-81. - Exemption—Businesses.#
This article shall not apply to the activities of persons, firms or corporations licensed to operate junkyards, salvage yards, auto body repair shops, automobile sale places or repair shops in furtherance of said business and on the premises upon which said business is conducted.
(Ord. of 8-8-2006, § 2)
Sec. 9-82. - Powers of town.#
Nothing contained herein shall be construed to limit the power of the town to remove or dispose of abandoned motor vehicles pursuant to Chapter 42 of Title 31 of the Rhode Island General Laws.
(Ord. of 8-8-2006, § 2)
Sec. 9-83. - Violation.#
Any person, firm or corporation in violation of this article shall be summoned to the Warren Municipal Court and be subject to a fine of not more than one hundred ($100.00) for each day the property is not in compliance.
(Ord. of 8-8-2006, § 2)
Sec. 9-84. - Repeal of conflicting provisions.#
This article shall take effect thirty (30) days after passage by the Warren Town Council and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Ord. of 8-8-2006, § 2)