The text
ARTICLE I. - IN GENERAL#
Sec. 8-1. - Throwing, depositing on vacant land generally.#
(a)
It shall be unlawful for any person to throw or deposit or cause or permit to be thrown or deposited any decomposable organic matter which might create a nuisance or act as a breeding place for flies, mosquitoes or vermin or as food for rats, or to maintain any discarded receptacles capable of holding water or any combustible material which might serve to increase danger of fire upon any vacant land in the town, unless such land shall have previously been designated by the director of public works as a proper and suitable place for such use. No garbage and/or rubbish originating outside the legal boundaries of the town may be deposited at any of these areas designated by the director.
(b)
No fill shall be deposited on any land without first being approved by the building official as not containing organic matter and as being deemed suitable for building in accordance with the state building code and the state one- and two-family dwelling code.
(Code 1970, § 8-1; Ord. of 6-6-1949, § 1; Ord. of 3-13-1973, § 1; Ord. No. 2013-48, 11-19-2013; Ord. No. 2018-8, 3-20-2018)
Sec. 8-2. - Depositing on public or private property; penalty; enforcement.#
(a)
Generally. No person shall dump, deposit or discard any refuse, rubbish, waste, glass, broken wares, tin cans, so-called garbage, filth or trash of any kind upon public or private property, including depositing into any container, trash bin or depositor owned by another, within the confines of the town except at such places as are properly designated for such purpose by the town council.
(b)
Penalty. Any person found violating this section shall be fined as the penalty for said violation an amount up to $100.00 or imprisoned for a period of time not to exceed 30 days. Said fines are to be recovered to the use of the town.
(c)
Enforcement. The enforcement of this section shall be by the town police department and prosecuted by the same.
(Code 1970, § 8-2; Ord. of 6-6-1949, § 2; Res. of 3-3-1987)
Sec. 8-3. - Depositing upon streets.#
(a)
It shall be unlawful for any person to throw or deposit any waste material or debris upon any public highway or platted street or in such a place or in such manner that it may be blown or scattered upon any public highway or platted street. This includes the placement of garbage and trash at the curb prior to 3:00 p.m. of the preceding day to the day of scheduled pickup.
(b)
It shall be unlawful for any person, firm or corporation to place any garbage, trash, waste material or debris upon any public highway, platted street or sidewalk for rubbish collection more than 12 hours prior to the time said rubbish is to be collected.
(c)
The director and assistant director of public services, and all sworn police officers for the town shall be charged with the administration and enforcement of this section, including the issuance of citations for violations of this section.
(d)
Any property owner found violating this section shall be fined the amount of $10.00 for the first offense, $25.00 for the second offense, and $50.00 for each subsequent offense. Said fines are to be recovered for the use of the town, except that any property owner may elect to appear before the clerk of the town municipal court to answer such violation charge, or may mail same in lieu of a personal appearance before the municipal court.
(e)
In the event the foregoing stated fine is not paid or a plea of not guilty to the citation is not entered prior to the 14th day after the date of violation, said original fine shall be doubled; and in the event the foregoing stated fine is not paid or a plea of not guilty to the violation is not entered subsequent to the 14th day and prior to the 28th day after the date of violation, said original fine shall be tripled. At the discretion of the court, the collection of court costs may be added to the cost of the fine.
(Code 1970, § 8-3; Ord. of 4-22-1941, § 1; Ord. of 6-6-1949, § 3; Res. of 10-1-1985; Res. No. 99-305, § 1, 12-7-1999; Ord. No. 2001-1, 2-6-2001)
Sec. 8-4. - Examination for and removal of fire hazards.#
The chief of the fire department may cause to be examined all dumping places or grounds within the limits of the town where dead leaves, grass, weeds, branches or limbs of trees, old clothing, refuse, rubbish or waste materials of any kind have been or may hereafter be placed or deposited, and when the chief of the fire department deems that said articles, rubbish or waste materials are so placed or deposited as to cause appreciable danger of fire to surrounding property, he shall order the owner, lessee, occupant or person having general charge of said premises to remove said articles, rubbish or waste materials; and if said owner neglects or refuses to remove said articles, rubbish or waste materials within three days after receipt of such order, the chief of the fire department may cause the same to be removed at the expense of said owner, lessee, occupant or person in charge of said premises.
(Code 1970, § 8-5; Ord. of 6-6-1949, § 5)
Sec. 8-5. - Covering of vehicles.#
All vehicles for removal of garbage and refuse in or from the town shall be covered by a canvas while driven through the streets of the town.
(Code 1970, § 8-8; Ord. of 6-6-1949, § 9)
Sec. 8-6. - Deposits in street openings, sewers.#
No person shall place or deposit in any street opening to any sewer or in any catchbasin any animal or vegetable matter, solid or liquid, nor any filthy substance.
(Code 1970, § 8-9; Ord. of 6-6-1949, § 11)
Sec. 8-7. - Disposal of matter taken from catchbasins.#
No person shall dump or deposit anywhere within the town any matter taken from a catchbasin without completely covering the same with earth or clean ashes immediately upon dumping or depositing the same.
(Code 1970, § 8-10; Ord. of 6-6-1949, § 12)
Sec. 8-8. - Removal of swill and house offal.#
All swill and house offal shall be removed in and from the town, in watertight, closely covered vehicles, or in watertight tubs or casks with covers securely fastened so as to make the tubs or casks airtight; and all such vehicles, tubs or casks so used shall be kept clean and well painted on the outside, and the covers of all vehicles, tubs and casks containing swill or house offal shall be kept tightly closed when they are driven through the streets.
(Code 1970, § 8-11; Comp. Ords., ch. 23, § 1)
Sec. 8-9. - Refuse pickup hours.#
No person shall pick up or remove, nor shall any person cause or allow to be picked up or removed, any refuse, rubbish or trash from any residential complex, or from any commercial or industrial establishment between the hours of 10:00 p.m. and 6:00 a.m. if such establishment is located within 200 feet of a dwelling.
(Code 1970, § 8-12; Res. of 8-20-1985; Ord. No. 2017-2, 2-28-2017)
Secs. 8-10—8-38. - Reserved.#
ARTICLE II. - STANDARDS FOR REFUSE DISPOSAL FACILITIES#
Sec. 8-39. - Permitted methods of refuse disposal; definitions.#
Disposal of refuse shall be permitted only by sanitary landfills or incinerators or other means approved by the state director of health, as defined below:
Incinerator means an arrangement of chambers and equipment designed for burning solid, semisolid or gaseous combustible waste to an inoffensive gas and a residue containing little or no combustible material.
Refuse means putrescible and nonputrescible waste, except body waste, and including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings and solid market and industrial wastes.
Sanitary landfill means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by reducing it to the smallest practical volume, and by covering it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.
(Code 1970, § 8-22; Ord. of 3-9-1971, § 1)
Sec. 8-40. - Standards for sanitary landfill.#
Any person who maintains or operates a sanitary landfill as a public refuse disposal facility or permits the use of his land or land under his control for such a facility shall maintain such facility in conformance with the following standards: (1)
Refuse to be compacted and covered. Refuse shall be compacted and covered daily with a layer of cover material at least six inches deep after compaction. A layer of at least two feet of cover material, after compaction, shall be placed on the compacted refuse within one week after the final deposit of refuse has been made at any portion of the facility. The cover material used shall be of such a character that it can be compacted to provide a tight seal, does not crack excessively when dry, and is relatively free of putrescible materials.
(2)
Pollution control. Refuse shall not be deposited in such manner that the refuse or leachings from it shall cause or contribute to pollution of any source of public water supply or any of the waters of the state.
(3)
Depositing to be confined. The depositing of refuse shall be confined to an area which can be effectively maintained and operated in accordance with these standards and which shall be controlled by supervision, fencing, signs or equally effective means.
(4)
Control of flies, rodents, etc. Effective means shall be employed to control flies, rodents or other vermin.
(5)
Confinement of papers, etc. Fencing or other suitable means shall be used to confine papers and other refuse to the disposal area.
(6)
Salvaging. The salvaging of refuse, if permitted, shall be conducted in such a manner so as not to create a nuisance.
(7)
Open burning. Open burning of any type at a disposal area shall be prohibited.
(Code 1970, § 8-23; Ord. of 3-9-1971, § 2)
Sec. 8-41. - Standards for incinerators.#
(a)
Any person who maintains or operates an incinerator as a public refuse disposal facility shall maintain such facility in conformance with the following standards:
(1)
Operating temperatures, at the combustion chamber exit, shall be maintained between 1,400 degrees Fahrenheit and 1,800 degrees Fahrenheit, or according to the limits established by the design engineer, but the furnace shall not be consistently operated at temperatures lower than 1,400 degrees Fahrenheit.
(2)
Water used to quench the incinerator residue or scrub the flue gas shall be disposed of in a manner that will not pollute any source of public water supply or any of the waters of the state.
(3)
Unless the residue from the incinerator shall contain less than ten percent volatile solids, it shall be disposed of in accordance with the requirements applying to sanitary landfills, which are a part of these rules and regulations.
(4)
Gaseous and particulate emissions from the incinerator shall conform with air pollution control regulations of the department of health.
(b)
After the adoption of these rules and regulations, any person who constructs or causes to be constructed any incinerator which is to be used as a public refuse disposal facility shall construct such facility according to the following standards:
(1)
All refuse incinerators shall be of the multiple-chamber, continuous feed type. Each incinerator shall have a rated capacity sufficient to handle all of the combustible wastes it is estimated will be produced in the area served for a future 20-year period. The rated capacity must be based upon the measured per-capita wastes generated in the area served, but in no case shall the per-capita value used be less than 4½ pounds per day. A 20-year projected population of the area served must be used.
(2)
The incinerator shall be so designed that the failure of one furnace or a component part will not result in a complete shutdown of the incinerator.
(3)
The capacity of the storage pit shall be equivalent to at least the rated capacity of the incinerator for 1½ days' operation. In addition, the storage pit shall have a means of entry at its base. It shall have a pitched floor and drain, truck stops at the tipping edge, and an adequate water-spray system at an upper level.
(4)
Charging hoppers receiving refuse from crane buckets should be sized to take the contents of the bucket without spillage on the charging floor. Minimum dimensions of charging openings should be four feet by four feet.
(5)
The maximum grate loading that will be approved for all types of furnaces is 65 pounds of refuse per square foot of total grate area, per hour.
(6)
The primary and secondary combustion chambers must have a volume of at least 15 cubic feet per ton of rated capacity per 24 hours.
(7)
Primary and secondary air in the amount of at least 150 percent of that theoretically required must be provided.
(Code 1970, § 8-24; Ord. of 3-9-1971, § 3)
Sec. 8-42. - Sanitary landfill and incinerator permits.#
Any person subject to the provisions of sections 8-40 and 8-41 shall, prior to commencing construction or operation of any sanitary landfill or incinerator, first obtain a permit allowing such construction or operation from the building official. Such person shall submit to the building official an application containing such information as the building official shall from time to time request to ensure that the construction or operation shall comply with the provisions of sections 8-40 and 8-41. The fee for such permit shall be set from time to time by resolution of the town council.
(Code 1970, § 8-25; Ord. No. 2013-46, 10-1-2013)
Secs. 8-43—8-72. - Reserved.#
ARTICLE III. - PAWTUXET RIVER PROTECTION#
Sec. 8-73. - Council findings and policy.#
The town council does hereby find that the disposal of waste, garbage, trash and abandoned manmade objects along the banks of the Pawtuxet River constitutes a hazard to the public health, safety and general welfare of the people of the town. In recognition of the ever-increasing environmental problems resulting from the demands made upon the land and the renewable resources of the town, and in recognition of the need to preserve and protect one of the town's most valuable natural resources, the Pawtuxet River, it is hereby declared to be the policy of the town to provide for the preservation of the Pawtuxet River, the improvement of its water quality, in order to prevent the impairment of dams and reservoirs by sediment or any waste material and to protect wildlife and preserve the natural beauty of the river and its banks for the health, safety and general welfare of the people of the town. Nothing herein shall be inconsistent with laws or rules and regulations adopted by or for the state department of environmental management.
(Code 1970, § 8-31; Res. of 6-2-1987)
Sec. 8-74. - Declaration of purpose.#
It is the purpose of this article to: (1)
Protect the environment, especially the Pawtuxet River and its environs, from the effects of improper or illegal disposal of waste;
(2)
Establish a program of regulation and enforcement to control and eliminate the improper or illegal disposal of wastes; and
(3)
Protect and promote public health and safety.
(Code 1970, § 8-32; Res. of 6-2-1987)
Sec. 8-75. - 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:
Dispose means the discharge, deposit, dumping, spilling, leaking, abandoning or placing of waste upon land protected by this article.
Occupier of land means and includes any person, firm or corporation who shall hold title to, or shall be in possession of, any lands lying within 200 feet of the Pawtuxet River, whether as owner, renter, lessee, tenant, municipality or otherwise.
Pawtuxet River means and includes the physical boundaries of the Pawtuxet River, as well as the ponds, brooks, streams and tributaries that empty into the Pawtuxet River, as the same are located in the town.
Waste means and includes the following: Bulky waste means any large items, including, but not limited to, appliances, furniture, automobile parts, shopping carts, tree stumps, tires and abandoned automobiles.
Construction waste means any building materials and refuse resulting from construction, remodeling and repair operations on any type of structure. It shall also include any pavement or concrete disposed of as a result of construction or otherwise.
Demolition waste means any material generated from the destruction or razing of any building or structure.
Solid waste means garbage, refuse and other discarded materials generated by any sources whatsoever, other than materials that result from sewage by a person holding a valid Rhode Island Pollutant Discharge Elimination System (RIPDES) permit from the department of environmental management.
(Code 1970, § 8-33; Res. of 6-2-1987)
Sec. 8-76. - Disposal of waste prohibited.#
It shall be unlawful for any occupier of land to dispose of or deposit, or allow to be disposed of or deposited, any waste on any property located in the town which is within 200 feet of the Pawtuxet River. Any person found in violation of this section or who shall counsel, aid or abet any person in the violation of this section shall be punished by a fine of not less than $25.00 and not more than $500.00. Each day of noncompliance will be a separate violation of this section.
(Code 1970, § 8-34; Res. of 6-2-1987)
Sec. 8-77. - Disposal of waste on lands of another.#
It shall be unlawful for any person not an occupier of land to dispose of or deposit any waste upon the property of another located in the town which is within 200 feet of the Pawtuxet River. Any person found in violation of this section or who shall counsel, aid or abet any person in the violation of this section shall be punished by a fine of not less than $50.00 and not more than $500.00. Each day of noncompliance will be a separate violation of this section.
(Code 1970, § 8-35; Res. of 6-2-1987)
Sec. 8-78. - Presumption of ownership.#
In any prosecution or proceeding hereunder, the land evidence records of the town shall constitute prima facie evidence that the owner of the property was the person who disposed of or deposited waste material upon the property where such violation occurred.
(Code 1970, § 8-36; Res. of 6-2-1987)
Sec. 8-79. - Notice of violation.#
(a)
Once a complaint has been brought to or by the police under section 8-76, a notice of violation shall be sent to the person involved. Said notice may be hand delivered by a police officer or mailed by certified mail, return receipt requested. Refusal to accept the certified mailing shall be deemed to constitute prima facie evidence of its receipt.
(b)
Upon receipt of said notice, the person involved shall remove the violating waste from the property within 30 days of receipt of the notice.
(c)
Failure to comply with the notice of violation within 30 days will result in prosecution for violation of this section.
(d)
Nothing contained herein shall prohibit the immediate arrest and prosecution of any person found in violation of section 8-77, whether or not a notice of violation was issued.
(e)
The notice of violation, once served upon the person involved, shall be recorded in the land evidence records of the town in the same manner as a notice of violation for minimum housing standards. If the person notified is not the property owner, the property owner shall be served with a copy of the notice of violation, which shall be plainly identified as a copy.
(Code 1970, § 8-37; Res. of 6-2-1987)
Secs. 8-80—8-101. - Reserved.#
ARTICLE IV. - GARBAGE AND REFUSE DUMPSTERS#
Sec. 8-102. - 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:
Ashes means the residue from the burning of combustible materials (and the noncombustible portion of refuse loaded into an incinerator).
Dumpster means any receptacle for garbage, refuse and/or rubbish, whose size is such that it requires mechanical means to place or empty it.
Dwelling means any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing shall not be regarded as a dwelling.
Dwelling units means any room or group of rooms located within a dwelling and forming a single, habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
Enforcing officer means the building official or his designee.
Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and consumption of food.
Infestation means the presence, within or around a dwelling or other structure, of large numbers of insects, rodents or other pests.
Meaning of certain words. Wherever the words "dwelling," "dwelling unit," "roominghouse," "rooming unit," "premises" and "structure" are used in this article, they shall be construed as though they were followed by the words "or any part thereof." Words used in the singular include the plural and the plural the singular; the masculine gender includes the feminine and the feminine the masculine.
Multiple-dwelling means any dwelling containing four or more dwelling units.
Occupant means any person over one year of age living, sleeping, cooking or eating in, or actually having possession of, a dwelling unit or a rooming unit and/or structure; except that, in dwelling units, a guest will not be considered an occupant.
Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
Owner means any person who, alone or jointly or severally with others: (1)
Shall have legal title to any dwelling, dwelling unit or structure with or without accompanying actual possession thereof; or
(2)
Shall have charge, care or control of any dwelling, dwelling unit or structure as owner or agent of the owner, or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
Potential hazardous material means any material, including material containing lead and/or other toxic heavy metal compounds, in concentrations dangerous to the public health as deemed by the state department of health.
Premises means a platted lot or part thereof or unplatted lot or parcel of land, or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure or other structure thereon.
Proper receptacle means any dumpster or container with a cover designed to receive and hold garbage, refuse or rubbish.
Refuse means all putrescible and nonputrescible solids (except body wastes), including garbage, rubbish, ashes and dead animals.
Rubbish means nonputrescible solid wastes (excluding ashes) consisting of both: (1)
Combustible wastes, such as paper, cardboard, plastic containers, yard clippings and wood; and
(2)
Noncombustible wastes, such as tin cans, glass and crockery.
Structures means all structures used or intended to be used for commercial, business or industrial use or occupancy.
(Code 1970, § 8-70; Res. of 3-15-1988; Ord. No. 2018-8, 3-20-2018)
Sec. 8-103. - Permit—Required; renewal upon location change.#
No person or property owner shall place a dumpster or proper receptacle upon property located within the town without first obtaining a permit for the building official. Said permit need not be renewed unless the property owner, occupant or operator desires to change the location of the dumpster or proper receptacle and its size. There shall be payment of a fee for the issuance of a permit and for the issuance of a renewal permit in an amount as shall be set from time to time by resolution of the town council.
(Code 1970, § 8-71; Res. of 3-15-1988; Ord. No. 2001-14, 9-18-2001; Ord. No. 2013-46, 10-1-2013)
Sec. 8-104. - Permit—Qualification procedure.#
In order to qualify for the permit in section 8-103, the personal property owner must comply with the following procedure: (1)
A drawing or plan of the property shall be submitted to the building official, showing the property bounds, the location of any buildings on the property, the location of any buildings on all abutting properties, the distances from the property line to the building, the proposed location of the dumpster or proper receptacle, the size of the dumpster or proper receptacle, and any proposed screening, fencing or enclosure that the dumpster is to be placed in.
(2)
As an alternative to the above procedure, application may be made to have the building official or his designee personally inspect the site. If, in the opinion of the building official or his designee, the location of the dumpster or proper receptacle is in accordance with the standards set forth below, the building official or his designee shall issue said permit and shall file with his records of said permit the location and other information contained in subsection (1) of this section.
(Code 1970, § 8-72; Res. of 3-15-1988; Ord. No. 2001-14, 9-18-2001)
Sec. 8-105. - Dumpster or proper receptacle—Position and size.#
In determining the position of a dumpster or proper receptacle, the minimum housing officer shall take into consideration the proximity of said dumpster or proper receptacle to neighboring buildings, the size of the dumpster or proper receptacle in relation to the structure to be served by said dumpster or proper receptacle, and whether or not said dumpster or proper receptacle will be enclosed or screened by fencing, shrubbery, etc. The minimum size of the dumpster or proper receptacle required for a particular property shall be such that it shall not be loaded beyond its volume capacity during any seven-day period.
(Code 1970, § 8-73; Res. of 3-15-1988; Ord. No. 2001-14, 9-18-2001)
Sec. 8-106. - Dumpster or proper receptacle—Covers required.#
All dumpsters or proper receptacles located within the town shall be provided with covers. Said covers shall be in place at all times except when depositing garbage or removing contents from the dumpster or proper receptacles. It shall be unlawful for any property owner, occupant or operator of a property to leave said dumpster or proper receptacle uncovered.
(Code 1970, § 8-74; Res. of 3-15-1988; Ord. No. 2001-14, 9-18-2001)
Sec. 8-107. - Unlawful acts—Depositing on other property.#
It shall be unlawful for any property owner, occupant or operator to deposit garbage, refuse or rubbish upon a property other than in the proper receptacle or dumpster.
(Code 1970, § 8-75; Res. of 3-15-1988)
Sec. 8-108. - Unlawful acts—Overfilling.#
It shall be unlawful for any property owner, occupant or operator to fill a dumpster or proper receptacle or allow a dumpster or proper receptacle to be filled beyond its capacity so that the cover cannot be closed properly.
(Code 1970, § 8-76; Res. of 3-15-1988; Ord. No. 2001-14, 9-18-2001)
Sec. 8-109. - Unlawful acts—Preventing deposits.#
It shall be unlawful for any property owner, occupant or operator to allow a dumpster or proper receptacle to remain full to capacity; thereby preventing the depositing of any garbage, refuse or rubbish therein.
(Code 1970, § 8-77; Res. of 3-15-1988; Ord. No. 2001-14, 9-18-2001)
Sec. 8-110. - Unlawful acts—Littering.#
No person shall cause any garbage, refuse or rubbish to be placed upon any property located in the town, unless such garbage, refuse or rubbish is placed in a proper receptacle.
(Code 1970, § 8-78; Res. of 3-15-1988)
Sec. 8-111. - Presumption of ownership.#
For the purposes of prosecuting actions under this article, the recorded property owner, as appears in the land evidence records of the town clerk, shall constitute prima facie evidence that the property owner therein was the person who permitted the violation to occur.
(Code 1970, § 8-79; Res. of 3-15-1988)
Sec. 8-112. - Penalties.#
Any person or corporation violating any section of this article or failing to comply with the requirements hereof, or who shall place or permit to be placed any dumpster upon any property located within the town without the required permit, shall be guilty of a violation and shall be liable for a fine of not more than $100.00; and each and every day such violation shall be permitted to exist shall constitute a separate offense.
(Code 1970, § 8-80; Res. of 3-15-1988)
Sec. 8-113. - Inspections, powers and duties of the enforcing officer.#
(a)
The enforcing officer shall enforce the provisions of this chapter and is hereby authorized and directed to make inspections in response to a complaint that an alleged violation of the provisions of this article or of applicable rules or regulations pursuant thereto may exist; or when the enforcing officer has valid reason to believe that a violation of this article, or any rules and regulations promulgated pursuant thereto, has been or is being committed.
(b)
The enforcing officer is hereby authorized to enter and inspect between the hours of 8:00 a.m. and 5:00 p.m. as a matter of right and at any other time by prior notification to the occupant or owner by the enforcing officer; and such notice shall be by certified mail, return receipt requested.
(c)
The enforcing officer is hereby authorized to inspect the premises subject to this article for the purpose of determining whether there is compliance with its provisions.
(d)
The enforcing officer and the owner, occupant or other person in charge of a property subject to this article may agree to an inspection by appointment at a time other than the hours provided in this section.
(e)
If any owner, occupant or other person in charge of the property fails or refuses to permit free access and entry to the premises under his control, or any part thereof, with respect to which an inspection authorized by this article is sought to be made, the enforcing officer may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such property, petition and obtain such order from a court of competent jurisdiction.
(f)
Any person who refuses to comply with an order issued pursuant to this section shall be subject to such penalties as may be authorized by law for violation of a court order.
(g)
The enforcing officer shall have the right to prosecute for any violation of this article.
(Code 1970, § 8-81; Res. of 3-15-1988)
Secs. 8-114—8-139. - Reserved.#
ARTICLE V. - ENVIRONMENTAL REGULATIONS#
Sec. 8-140. - Poison ivy and Jimson weed.#
The owner or occupant of any land upon which there is any poison ivy or any Jamestown or Jimson weed within 50 feet of any highway or street shall cause such ivy or weed to be removed within five days after receiving notice to do so from the director of public works or building official.
(Code 1970, § 8-90; Ord. No. 2005-17, 9-6-2005)
Sec. 8-141. - Storage of rubbish, trash, debris and litter.#
The council and the administration of the town finds and declares that: (1)
The town has a history and reputation for well-kept properties, and that the property values and the general welfare of this community are founded, in part, upon the appearance and maintenance of properties.
(2)
There now appears the need for further emphasis on the maintenance of public and private property in a clean, litter-free and debris-free condition because locations throughout the town have been found to have been the site of littering, illegal dumping and accumulated garbage, refuse and rubbish.
(3)
The existence of such conditions is injurious and inimical to the public health, safety and welfare of the residents of this town and contributes substantially and increasingly to the problems of the necessity for expenditure for protection against hazards and diminution of property values, and the preservation of the public health, safety and welfare and that such problems are becoming increasingly direct and substantial in significance; and that the uses and abuses of property as described herein reasonably relate to the proper exercise of the inspection power in the protection of health, safety and welfare of the public.
(4)
Unless corrective measures are taken to alleviate such existing conditions and particularly to avoid future problems in this regard, the public health, safety and general welfare and specifically the property values and social and economic standards of this community will be depreciated; that the elimination of such conditions will enhance the appearance and value of such properties rather than be a burden on the owners thereof; and that elimination of such conditions will also appreciate the value and appearance of neighboring properties and benefit the use and enjoyment of properties in the general area and will improve the general welfare and image of the town.
(Code 1970, § 8-91; Ord. No. 2005-17, 9-6-2005)
Sec. 8-142. - Maintenance of areas around business premises.#
The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast food outlets, stores, motels, industrial establishments, office buildings, apartment buildings, multi-unit developments, and gas stations, shall at all times keep the premises clean of all litter, refuse, rubbish and trash, and shall take measures to prevent the same from being carried by the elements to adjoining premises. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter, refuse, rubbish and/or trash.
(Code 1970, § 8-92; Ord. No. 2005-17, 9-6-2005)
Sec. 8-143. - Refuse and trash facilities.#
There shall be a sufficient number of trash receptacles installed on-site for customer use. Any so-called dumpster or trash receptacle, including, but not limited to, restaurants, shopping centers, fast food outlets, stores, motels, industrial establishments, office buildings, apartment buildings, multi-unit developments, and gas stations, shall be designed and constructed to be enclosed from public view and permit safe and easy removal of trash by truck or hand. Each dumpster or trash receptacle shall either be four-sided, or if three-sided, the open side shall be gated in a manner to prevent public view.
(Code 1970, § 8-93; Ord. No. 2005-17, 9-6-2005; Ord. No. 2018-3, 2-27-2018)
Sec. 8-144. - Refuse container maintenance.#
It shall be unlawful to maintain open refuse containers or receptacles or containers which are inadequate for the volume of refuse generated at the premises which the containers serve. It shall be the responsibility of the property owner and/or tenant and/or person in responsible charge of the premises to ensure that containers are adequate and covered, and that the area surrounding the containers is kept free and clear of garbage, refuse, rubbish, trash and litter. It shall be unlawful for any owner and/or operator and/or tenant to allow such garbage or refuse containers or receptacles to be overloaded or the contents thereof to remain in unsecured containers. In the event the contents of such containers shall become blown or scattered upon any public street or way, or upon or over nearby premises, the owner and/or operator and/or tenant of the premises served by such container or receptacle shall be responsible for gathering up any such blown or scattered material.
(Code 1970, § 8-94; Ord. No. 2005-17, 9-6-2005)
Sec. 8-145. - Accumulations of garbage, refuse or litter declared public nuisance.#
The accumulation of garbage, litter, refuse, rubbish, trash and other deleterious substances on the premises of private residences, commercial institutions, and in the streets and alleys can cause contagious and epidemic diseases and causes diminution in value of other property in the town, developed or undeveloped. The owner shall maintain said property free from garbage, litter, refuse, rubbish and trash as the same are hereinabove defined.
(Code 1970, § 8-95; Ord. No. 2005-17, 9-6-2005)
Sec. 8-146. - Junked vehicles and watercraft.#
No owner, operator or occupant of any building, structure, dwelling or dwelling premises, and no operator or owner of any motor vehicle or watercraft herein described, shall keep, park, store, or leave inoperative wrecked, junked, dismantled, being restored or rehulled motor vehicles or watercraft of any kind or parts thereof on any premises within the town, except in connection with a legally operated enterprise. For the purpose of this section, the term "inoperative, wrecked, junked, dismantled, being restored or rehulled" means any motor vehicle or watercraft that is unregistered, has no valid inspection sticker or is not validly registered with the state. The term "watercraft" includes any boat, ship, vessel or personal watercraft (i.e., jet ski) of any size propelled by motor or wind power. Kayaks, canoes and dinghies, if less than 13 feet in length, are exempt.
(Code 1970, § 8-96; Ord. No. 2005-17, 9-6-2005; Ord. No. 2013-48, 11-19-2013)
Sec. 8-147. - Inspections.#
(a)
The department of building inspection and/or department of public works shall make, or cause to be made, inspection trips at regular intervals to determine compliance with the provisions of this chapter. In the event a violation of these provisions is discovered, said department of building inspection and/or department of public works shall immediately take action to cite the owner and/or operator by personal service or by mail at the home or business address of such owner and/or operator.
(b)
For the purpose of this section, an offense shall be considered to have occurred on the first day for which a violation is cited, and the offender shall be subject to the penalty provided in section 8-148 for that day and for each succeeding day on which the violation continues unabated.
(Code 1970, § 8-97; Ord. No. 2005-17, 9-6-2005)
Sec. 8-148. - Penalties for environmental violations.#
(a)
The general penalties provided for by this section shall apply to violations of this section or any regulations made thereunder, except that any person electing to appear before the clerk of court, or mailing the same in lieu of personal appearance before the town municipal court, and admitting the violation charged, shall be punished by a fine as hereinafter respectively set forth:
Table 8-148. Penalties for Violation of Environmental Regulations Offense Fine
Improper or early placement of trash $25.00
Improper storage of commercial trash $50.00
Trash hauling without a license $100.00
Littering $50.00
Depositing garbage in container of another $50.00
Illegal dumping of over one cubic yard of litter $200.00
Illegal dumping of heavy litter $200.00
Violation of any state recycling regulation or statute $25.00
Scavenging $25.00
Violation of dumpster provisions $100.00
Accumulation of trash, junk, etc. $25.00
Improper storage of motor vehicles or watercraft $25.00
Other $25.00
For any offense hereinabove listed which shall continue without being abated, the above stated fines shall be the fine per day from the date of violation until the date said condition is abated.
(b)
In the event any of the foregoing stated fines are not paid or a plea of not guilty to the citation is not entered prior to the 18th day after the date of violation, said fines shall be doubled.
(Code 1970, § 8-98; Ord. No. 2005-17, 9-6-2005; Ord. No. 2006-12, 6-6-2006; Ord. No. 2013-48, 11-19-2013; Ord. No. 2016-12, 10-4-2016)
Sec. 8-149. - Payment of fines—Generally.#
A person charged with the violation of any environmental regulation relating to this article and notified to appear to answer such charge before the town municipal court may, in lieu of such appearance, elect to appear in person or by one duly authorized by him in writing, before the clerk of said court, admit the truth of said charge, and pay to said clerk the designated fine, provided that such appearance and payment is made at the office of said clerk during regular business hours within 18 days of such notification, and failure to so appear shall be deemed a waiver of the right to dispose of such charge without personal appearance in court.
(Code 1970, § 8-98A; Ord. No. 2006-12, 6-6-2006)
Sec. 8-150. - Payment of fines—Payment by mail.#
(a)
Any person charged with any violation of an environmental regulation, except as otherwise provided, may elect to mail said violation tag to the clerk of the town municipal court accompanied by payment of the designated fine and the name and address of the violator. Such privilege of paying the fine by mail shall be exercised within 18 days from the date of the offense by depositing the designated payment of such fine in a depository maintained by the United States Postal Service for the collection of mail, and the postage cancellation shall be prima facie evidence of the time of deposit.
(b)
In those cases where mail is used for payment of such fine, the payment may be in cash, by check, or by money order, and in those cases where payment is attempted with a check drawn against insufficient funds, an additional payment of $20.00 shall be imposed against the violator to defray administrative costs.
(c)
In those cases where payment is by cash, it shall be at the risk of the sender and the record of the clerk of the municipal court shall be conclusive as to the receipt and amount of the same.
(Code 1970, § 8-99; Ord. No. 2005-17, 9-6-2005; Ord. No. 2006-12, 6-6-2006)
Sec. 8-151. - Payment of fines—Effect of payment.#
The payment of a fine to the clerk of the municipal court as herein provided for the violation of an environmental regulation relating to this article shall operate as a final disposition of the charge, and such proceedings shall not be deemed criminal.
(Code 1970, § 8-100; Ord. No. 2005-17, 9-6-2005)
Sec. 8-152. - Payment of fines—Notice requirements.#
Notice of any environmental violation relating to this article shall indicate the offense charged, the schedule of fines for such violation, the time within which the privilege of paying such fine by mail may be exercised, the place to which such fine may be mailed, and such other information as will enable the person charged to take advantage of the provisions contained herein.
(Code 1970, § 8-101; Ord. No. 2005-17, 9-6-2005)
Sec. 8-153. - Effect of multiple violations relating to environmental regulations.#
Notwithstanding anything herein contained, disposition of an environmental violation charge relating to this article without personal appearance in the municipal court may not be exercised by any person who in the consecutive period of 12 months next preceding such charge has been three times in the aggregate adjudged guilty by the municipal court of any violation of any regulation relating to this article or has admitted the truth of charges made against him under the provisions thereof.
(Code 1970, § 8-102; Ord. No. 2005-17, 9-6-2005)
Sec. 8-154. - Failure to comply.#
Any person charged with the violation of any environmental regulation relating to this article who fails to make payment within 18 days as required, may, in the discretion of any justice of the town municipal court, be charged an additional sum of $25.00 to cover administrative costs which shall be payable to the clerk of said court.
(Code 1970, § 8-103; Ord. No. 2005-17, 9-6-2005; Ord. No. 2006-12, 6-6-2006)
Secs. 8-155—8-176. - Reserved.#
ARTICLE VI. - COLLECTION AND DISPOSAL OF RUBBISH#
Sec. 8-177. - Definitions and descriptions.#
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:
Bags means plastic weatherproof sacks designed to store garbage and rubbish with sufficient overall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 30 pounds.
Bulky waste includes, but is not limited to, the following items: chairs, couches, sofas, rugs, dressers, tables, bureaus, desks, bookcases, and cabinets. Steel and/or metal may be brought to the department of public works (DPW) for recycling.
Construction/demolition debris means wood, miscellaneous metal, asphalt shingles, concrete, brick, insulation (except asbestos), windows and doors, and other miscellaneous building materials. Demolition waste shall not include machinery and parts or any toxic or hazardous waste.
Container/bin means a receptacle, tightly covered, watertight, and constructed of plastic. Residents receiving trash pickup are required to use town-supplied collection containers.
Contaminated load means any truck load that is rejected by the Rhode Island Resource Recovery Corporation (RIRRC) for containing materials that are not accepted at the facility.
Hazardous waste means waste in any amount which is defined, characterized, or designated as hazardous by the United States Environmental Protection Agency (EPA) or the Rhode Island Department of Environmental Management (RIDEM) or pursuant to federal or state law, or waste in any amount which is regulated under federal or state law. For purposes of these rules and regulations, the term "hazardous waste" also includes motor oil, gasoline, nonlatex paint, pesticides and pesticide containers, cathode-ray tubes (CRT used mostly in televisions and computer display screens), and sewerage wastes.
Household refuse means all solid waste materials not otherwise herein defined.
Paper leaf bags means a biodegradable paper sack of up to 30 gallons' capacity and meeting specifications set by the DPW.
Recyclable material means material specified by the RIRRC in accordance with regulations. Such material may include, but is not limited to, aluminum products, clean glass containers, plastic containers, newspapers, and magazines.
Recycling containers/bins means receptacles designed for the purpose of curbside collection of materials. Residents receiving recycling pickup are required to use town-supplied collection containers.
Residential garbage means vegetable matter, household food waste and recyclable wastes from residential kitchens. Vegetable matter or household food wastes shall be drained and wrapped tightly in paper bags, plastic bags, and/or other bags, and placed in containers.
White goods means appliances employing electricity, oil, or natural gas or liquefied petroleum to preserve or cook food, to wash or dry clothing, cooking or kitchen utensils or related items, or to cool or heat air or water. These include refrigerators, freezers, dish washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters.
Yard waste means all tree trimmings (less than 1½ inches in diameter), grass cuttings, weeds, leaves, wood chips and yard shavings, and other wastes associated with residential yard maintenance that is compostable.
(Code 1970, § 8-104; Ord. No. 2009-5, 7-7-2009; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016)
Sec. 8-178. - Curbside pickup.#
Curbside pickup refers to trash containers/bins or recycling containers/bins, bulky waste, household refuse, residential garbage and recyclable materials, white goods, paper leaf bags and yard waste placed at the curb. Such items shall hereinafter be referred to as "rubbish." In areas where there are no curbs, curb pickup shall refer to items placed no further than five feet away from the edge of the roadway.
(Code 1970, § 8-104.1; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016)
Sec. 8-179. - Rules and regulations.#
(a)
General provisions.
(1)
Collection of all rubbish will be made from each occupied single-family residential dwelling unit and from residential apartments, condominiums or other types of legal ownership of not more than four occupied single-family dwelling units. No rubbish will be collected from any apartment, condominium or other type of legal ownership of five or more occupied single-family dwelling units nor from any private, commercial, industrial, profit or nonprofit enterprise, except for home occupations as provided for in section 5.6.17 of the West Warwick Zoning Code (appendix A).
(2)
Rubbish must be curbside by 6:00 a.m. and shall not be placed within five feet of any abutter's property or in any way interfere with an abutter's access to his property. No rubbish or other debris may be placed out for collection more than one day prior to scheduled pickup and empty containers shall be removed within one day after pickup.
(3)
Residents receiving trash/recycling pickup are required to place all trash and recycling in the town-supplied collection containers/bins, and covers must be closed. Trash placed alongside the supplied collection containers/bins will not be collected. In some instances, an extra container/bin for year-round service may be required and purchased at the DPW in accordance with the fee schedule.
(4)
All leaves, grass and other organic yard waste shall be placed in paper leaf bags or plastic barrels, clearly marked "yard waste," and must not exceed 35 gallons. Bags shall not be closed with tape. Staples, string and no closure are acceptable. The sweeping or blowing of leaves and other yard waste into streets, onto sidewalks or into town rights-of-way is hereby prohibited.
(5)
No person other than the owner thereof or a duly authorized agent of the town shall examine, disturb, interfere with or remove the contents of any container or remove white goods placed at curbside for collection.
(6)
These rules and regulations may be suspended in case of emergency for a period of up to five days by the DPW.
(b)
Specific regulations.
(1)
As of May 1, 2016, the General Laws of Rhode Island require all purchasers of new mattresses and box springs to pay a fee at the point-of-purchase. In turn, mattresses may be brought to the DPW and returned without payment of a fee.
a.
Mattresses and box springs will be collected only by appointment and upon purchase of a sticker prior to pickup upon payment of a fee in accordance with the fee resolution of the town. One sticker shall be required for the collection of all mattresses or box springs picked up at one time. Stickers may be purchased at the DPW. A premium fee to be set from time to time by the town council shall be charged for pickup. Mattresses and box springs, up to a maximum of five times per year, may be brought to the DPW free of charge.
b.
No mattress or box spring will be picked up or accepted at the DPW unless properly bagged. Bags may be purchased at the DPW for a fee in an amount to be set from time to time by resolution of the town council.
c.
Disposal fees will be charged in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution of the town council.
(2)
Construction/demolition debris from home projects that do not require a building permit can be cut up and placed into the residential collection container. Oversized debris that doesn't fit in the collection container or debris from a project that requires a building permit shall require the property owner or the hired contractor to supply a dumpster for waste removal.
(3)
White goods will be collected only by appointment and upon the purchase of a sticker. A sticker for each item may be purchased at the DPW or the tax collector's office. White goods may also be dropped off at the DPW during normal operating hours at no cost, with the exception of refrigerators and air conditioning units. Disposal fees will be charged in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution by the town council.
(4)
Tires will be collected only by appointment and are preferred without rims attached. Tires with or without rims may also be dropped off at the DPW during normal operating hours at no cost.
(5)
Waste oil and hazardous waste may not be placed at curbside. All automotive waste oil may be brought to the DPW facility for disposal by town residents only. There will be no commercial drop-off. Hazardous waste must be returned to the place of purchase, or residents may contact the Rhode Island Resource Recovery Center (RIRRC) for instructions.
(6)
No junk automobiles or automobile parts will be collected by the DPW.
(7)
Bulk waste will be collected twice per month. Residents who receive town trash and recycling pickup shall receive four free pickups per year and will be required to call the DPW solid waste/recycling coordinator to schedule a pickup. Bulk items shall not be placed curbside more than 24 hours prior to the collection date. Pickups in excess of four per year will be charged in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution of the town council.
(Code 1970, § 8-105; Ord. No. 2009-5, 7-7-2009; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016; Ord. No. 2018-8, 3-20-2018; Ord. No. 2019-3, 6-4-2019)
Sec. 8-180. - Compliance.#
(a)
Failure to comply with any of the requirements contained herein shall result in the refusal of the DPW or town's contractor to collect the trash or rubbish at the property at which such violation occurred until such time as said violation is corrected.
(b)
The director of the DPW or an authorized official of the DPW shall file a complaint in the municipal court for any violation of section 8-179 with all powers as provided by the Rhode Island General Laws, and such violations shall carry fines as follows:
(1)
First offense .....$ 25.00
(2)
Second offense ..... 50.00
(3)
Third and following offenses ..... 100.00
Said complaint shall be filed against the property owner and tenant in all instances of a rental property. Said director shall be further authorized to file said complaint against any person who shall violate the provisions of section 8-179, even though such person may have no legal interest in the property at which said violation occurred.
(c)
Any item for which the purchase of a sticker is required as herein provided to be picked up by the DPW shall not be placed at curbside without said sticker attached. The owner and tenant of any property at which such an item shall be placed shall be jointly and severally liable for a fine for each day that such item remains at curbside, commencing with the date of notice as sent by the office of the building official to the landlord and tenant, as follows:
(1)
First offense .....$ 25.00
(2)
Second offense ..... 50.00
(3)
Third and following offenses ..... 100.00
In addition, the owner and tenant shall further be jointly and severally liable for the costs incurred by the DPW for the removal of such items in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution by the town council.
(d)
Residents and/or property owners who may cause the rejection of either a trash or recycling truck load by the RIRRC shall receive the following:
(1)
First offense: Warning.
(2)
Second offense: Fine equal to the cost of the rejected load.
(3)
Third offense: Suspension of trash and recycling service.
All such fines, fees and interest, if any, shall constitute a lien upon the property, which lien shall run with the land and shall not be released until all fines, fees and lien release fees have been paid in full. All such fines and fees shall be satisfied by payment in full within 60 days of the date of notice. An interest rate of 12 percent per annum upon all sums due and payable shall commence on the 60th day subsequent to the date of notice and shall continue to accrue until all fines, fees and interest shall be paid in full.
(e)
Any mattress or box spring, white goods or bulk waste that shall be placed curbside in violation of the provisions of section 8-179(b)(1), (3) or (7) shall be tagged for removal within 48 hours by the DPW. Failure of the owner to remove such item within said 48-hour period shall cause the removal of such item by the DPW and shall constitute a violation of this section subject to penalties as provided in subsection (a) of this section. Upon such removal, a lien shall be placed against the real estate upon which such items are located in the amount of the cost of pickup, removal, and disposal, and an administrative fee. Such lien shall not be removed until said sums, plus a lien removal fee, are paid in full. Interest at the rate of 12 percent per annum shall commence on the date of recording of such lien and continue until all sums due are paid in full.
(Code 1970, § 8-106; Ord. No. 2009-5, 7-7-2009; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016; Ord. No. 2016-12, 10-4-2016)
Secs. 8-181—8-198. - Reserved.#
ARTICLE VII. - LARCENY OF RECYCLABLE MATERIALS#
Sec. 8-199. - Larceny.#
Any person other than the resident who has placed recyclable materials in the recycling bin who shall steal, take or carry away any recyclable material that has been placed in the recycling bin and delivered to curbside shall be guilty of larceny of the property of the town.
(Code 1970, § 8-116; Ord. No. 2016-9, 8-16-2016)
Sec. 8-200. - Municipal court.#
The municipal court of the town shall have jurisdiction over all persons charged with such larceny of the property of the town.
(Code 1970, § 8-117; Ord. No. 2016-9, 8-16-2016)
Sec. 8-201. - Penalties.#
Persons found guilty of larceny of the property of the town shall be guilty of a misdemeanor punishable by a fine not to exceed $50.00 for the first offense, not to exceed $100.00 for the second offense and not to exceed $500.00 for the third offense and each offense thereafter.
(Code 1970, § 8-118; Ord. No. 2016-9, 8-16-2016)