ARTICLE IV. - GARBAGE AND REFUSE DUMPSTERS
Part of the Code of Ordinances of West Warwick, RI.
The text
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)