The text
Sec. 22-1. - Unlawful dumping generally.#
(a)
No person shall dump, deposit or discard any refuse. rubbish, waste, glass, broken ware, tin cans, so-called garbage, filth or trash of any kind upon public or private property within the confines of the city, except at such places as are properly designated for such purpose by the city council.
(b)
It shall be unlawful for any vehicle, either owned or leased, to be used to carry materials to a place at which they are illegally dumped. Except for owners of title of leased vehicles and owners of vehicles that are reported stolen prior to being used for illegal dumping, the owner of title or lessor of record of any vehicle used for unlawful dumping activities shall be jointly and individually liable with the operator for the payment of any fines imposed unless the owner or lessor of the vehicle has prima facie proof that the vehicle was used for unlawful dumping by another person who is not an agent or employee of the owner or lessor. Photographs or videos of the vehicle being used in unlawful dumping activities may be used as evidence before the municipal court in prosecuting such offense and imposing any line on the vehicle owner or lessor. Any municipal court citation for an illegal dumping violation shall be deemed admitted and defaulted after two notices unanswered by the titled owner or lessor of record.
(Code 1971, § 8-1; Ord. No. O-23-9, § I, 5-9-23)
Sec. 22-2. - Dumping sludge or dredge material.#
(a)
Approval required. No sludge or dredge material shall be stored or dumped within the city which shall include but not be limited to the jurisdictional limits of the harbor boundary established in the city harbor management plan without first obtaining the approval of the city council after public hearing and notice thereon.
(b)
Recommendations; conditions. Any request or application for approval of the storage or dumping of dredge materials shall be submitted in writing to the director of city planning who shall investigate the application as to feasibility and impact to the city and its residents. Upon completion of his or her review, the director of city planning shall submit a written recommendation to the city council as to the request or application, including but not limited to, the impact of the proposed, storage or dumping, the environmental consequences of any such storage or dumping, and the effect upon public health safety and welfare. The city council in granting approval, or reviewing any recommendation may set conditions on said approval or application, which it deems necessary to secure the public health, safety and welfare.
(Code 1971, § 8-1.1; Ord. No. O-01-4, § I, 4-9-01)
Sec. 22-3. - Dumping garbage or refuse in city drainage system.#
No person shall dump garbage, rubbish, trash or debris in any public drainage pipe, catchbasin, dry well or other public drainage system.
(Code 1971, § 8-1.2)
Sec. 22-4. - Hazardous waste—Disposal in public drainage system prohibited.#
It shall be unlawful for any person to dispose of any hazardous waste in any public drainage pipe, catchbasin, dry well or other public drainage system.
(Code 1971, § 8-1.3)
Cross reference— Sewers and sewage disposal, ch. 66.
Sec. 22-5. - Same—Defined.#
"Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration or physical, chemical or infectious characteristics may: (1)
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(2)
Pose a substantial present or potential hazard to human health or the environment.
Such wastes include, but are not limited to, those which are toxic, corrosive, or flammable, irritants, strong sensitizers, substances which are assimilated or concentrated in and are detrimental to tissue, or which generate pressure through decomposition or chemical reaction.
(Code 1971, § 8-1.4)
Sec. 22-6. - Same—Duty to report spills.#
It shall be the duty of every person having knowledge of the release, discharge, spill or escape of a hazardous material as defined in this chapter to immediately report said release, discharge, spill or escape to the city fire department and city police department.
(Code 1971, § 8-1.5)
Sec. 22-7. - Dumping chemicals or other materials; dumping sewage.#
No person shall dump, deposit or discard any refuse, rubbish, materials or chemicals, including but not limited to carcinogenic materials, on public or private property; provided, further, that sewage or the contents of any sewage or septic system shall not be dumped or discharged in locations or in manners other than as designated by the city sewer authority.
(Code 1971, § 8-2)
Sec. 22-8. - Protective enclosure or cover required for excavations, holes or pits; removal of protective cover.#
(a)
To protect the health, welfare and safety of the residents of the city, every excavation, well, cesspool, garbage disposal pit, hole, pit or cavity exceeding two feet in depth shall be guarded or protected by fencing or other means of enclosure, or shall be covered by the owner of the land where the work of excavating is proceeding or where the excavation, hole, pit or cavity is located.
(b)
No person shall remove the cover, guard or other protective device and leave unguarded any well, cesspool, garbage pit or other excavation as aforesaid.
(Code 1971, § 13-1)
Cross reference— Excavations, § 70-41 et seq.
Sec. 22-9. - Throwing debris on highway; snow removal.#
No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle, or likely to deface the beauty or cleanliness of the highway, nor shall any person in removing snow from any driveway, public or private, leave the same in any condition so as to constitute a hazard on the highway.
(Code 1971, § 22-54)
Sec. 22-10. - Penalty.#
Whoever violates any of the provisions of this chapter, upon conviction thereof, shall be punished as provided by G.L. 1956, § 45-6-6.2. Each day of such violation shall constitute a separate offense.
(Code 1971, § 8-5)