ARTICLE III. - PAWTUXET RIVER PROTECTION
Part of the Code of Ordinances of West Warwick, RI.
The text
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)