From the City Code of Ordinances
Please Consult the City Code of Ordinances for the most up-to-date version

ARTICLE III. GARBAGE, TRASH AND REFUSE*

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*Charter references: Superintendent of health, §§ 4.12, 4.13; director of public welfare, §§ 4.14, 4.15. 

Cross references: Keeping swine, § 4-3; keeping fowl, § 4-4; bins for removal of manure and refuse, § 4-5; burying dead animals, § 4-6; removal of dead animals, §§ 4-7, 4-8; rabies control, § 4-19 et seq.; storage, disposition of waste and rubbish from convalescent homes and similar establishments, § 5-21; burning at dumping grounds, § 9-8; covered receptacle to burn refuse, rubbish and waste, § 9-10; inspection of dumping grounds and places where waste, rubbish is placed, § 9-37; order to remove waste and accumulations, § 9-40 et seq.; sanitary requirements of housing code, § 13-112 et seq.; rubbish storage and disposal facilities required under housing code, § 13-119; garbage storage and disposal facilities required, § 13-120; safe and sanitary maintenance requirements of housing code, § 13-182 et seq.; duty to provide rubbish and garbage disposal facilities and storage containers, § 13-204; manner of waste disposal by occupant of dwelling or dwelling unit, § 13-205; rubbish and garbage storage and disposal requirements forrooming houses, § 13-230; throwing or sweeping dirt on sidewalks, § 23-12; deposits of offensive matter, § 23-20 et seq. 

State law references: Authority of council to cause removal of filthy or unhealthy conditions, § 23-19-4, Gen. Laws 1956; removal of harmful or injurious trees or plants, § 2-15-5, Gen. Laws 1956. 

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Sec. 12-46. Definitions.

The following words, whenever used in this article, shall have the following meanings, unless the context clearly requires otherwise:

(a) Household rubbish. "Household rubbish" shall include all noncombustible refuse, incidental to the ordinary conduct of the household, including without limiting the generality of the foregoing, tin cans, tinware, bottles, glassware, earthenware, metal articles, ashes from coal, coke and other fuel and mineral substances, such as ordinarily accumulate in the maintenance of dwellings. Refuse incurred in the operation of an industrial or commercial establishment shall not be included within the meaning of this section. 

(b) Waste materials. "Waste materials" shall be deemed to mean and include commercial refuse and garbage, combustible waste, noncombustible waste, ordinary waste, ordinary commercial waste or industrial waste. 

(c) Dwellings. "Dwellings" shall mean a building arranged, intended or designated to be occupied by one or more families living independently of each other and doing their cooking upon the premises, or occupied by one or more individuals or groups of individuals as their home. 

(d) Litter. "Litter" shall mean any discarded, used or unconsumed substance or waste. Litter may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, magazines, glass, metal, plastic or paper containers or other packaging, construction material, motor vehicle parts, furniture, oil, carcass of dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard or anything else of an unsightlynature, which has been discarded, abandoned or otherwise disposed of improperly. 

(e) Dumpster. "Dumpster" shall mean any bulk container with a capacity greater than one cubic yard constructed and placed for use as a depository for refuse, trash or garbage. 

(f) Heavy debris/large items. "Heavy debris/large items" shall include debris, goods and items weighing in excess of twenty-five (25) pounds; or stoves, washers, dryers, refrigerators, freezers, boilers, furnaces, water heaters, furniture, bedding, mattresses, tires, engines, transmissions, radiators, automobile or truck parts, including but not limited to, doors, roofs, fenders, bumpers and frames, construction debris including but not limited to wood, plaster, masonry and like items. 

(g) Recyclables. "Recyclables" shall include those materials which are required to be removed and separated from the municipal solid waste at the source and placed in or on top of the set-out container, provided by the state, for transport to the nearest materials recovery facility (MRF) for recycling. Recyclable materials shall include glass, food and beverage containers, newspaper, tin-coated steel cans, steel cans, aluminum, white goods (stoves, refrigerators, washers, dryers, plastic H.D.P.E. milk jug(s) type and plastic P.E.T. soft drink type beverage containers). Additional materials may be declared to be recyclables by the director of the Rhode Island Department of Environmental Management at a later date, pending new technology, economic conditions, waste stream characteristics, environmental effect, or mutual agreement between state and city. 

(h) Swill or garbage. "Swill or garbage" shall mean any kitchen or market refuse of an organic nature, including but not limited to food waste. 

(Ch. 15, § 25, added by Ord. 1950, ch. 350, § 2; Ord. 1063, ch. 1559, § 5; Ord. 1980, ch. 80-41, § 1, 10-24-80; Ord. 1987, ch. 87-2, § 1, 2-23-87; Ord. 1989, ch. 89-3, § 1, 4-17-89)

Sec. 12-47. Authority of council to make rules for removal of refuse, swill, garbage and house offal.

The city council is hereby authorized to make rules and regulations for the removal of refuse, swill, garbage and house offal from the city.

(Ord. 1939, ch. 984, § 1; Rev. Ords. 1946, ch. 15, § 1)

Sec. 12-48. Scope of authority of director of public works.

The director of public works is hereby authorized and directed to license persons engaged in collecting and transporting waste materials in the city whether for profit or not; to prepare and promulgate from time to time, rules and regulations governing the collection, conveyance and disposal of waste materials; and to establish a system of rates and fees for the disposal of wastes.

(Ord. 1963, ch. 1559, § 1; Ord. 1989, ch. 89-3, § 1, 4-17-89)

Cross references: Department of public works, § 2-111 et seq. 

Sec. 12-49. Director of public works to have charge of collection, disposal.

The director of public works, subject to rules of the city council, shall have full charge of the collection and disposal of garbage and combustible refuse in the city.

(Ord. 1927, ch. 568, § 1; Rev. Ords. 1946, ch. 15, § 2)

Cross references: Department of public works, § 2-111 et seq. 

Sec. 12-50. Director of public works to maintain and operate system of collection.

The director of public works is hereby authorized and directed to operate and maintain a system for the collection of household rubbish in the City of Providence and to prepare and promulgate from time to time, rules and regulations governing the collection of such rubbish.

(Ch. 15, § 26, added by Ord. 1950, ch. 350, § 1)

Cross references: Department of public works, § 2-111 et seq. 

Secs. 12-51, 12-52. Reserved.

Editor's note: Section 2 of ch. 89-3, approved April 17, 1989, deleted §§ 12-51 and 12-52 in their entirety. Formerly, said sections pertained to duty of director of public works to maintain, operate incinerator and similar plants, and to fix rates and charges for disposal, and were derived from Ord. 1927, ch. 568, § 1; Rev. Ords. 1946, ch. 15, § 3; and Ord. 1963, ch. 1559, § 1. 

Sec. 12-53. Appointment, function of superintendent of garbage disposal.

The director of public works shall appoint a superintendent of garbage disposal and such other assistants and employees as may be necessary for the collection and disposal of garbage and combustible refuse.

(Ord. 1927, ch. 568, § 1; Rev. Ords. 1946, ch. 15, § 4)

State law references: Special act authorizing removal of ashes and certain debris at city's expense, P.L. 1912, c. 866. 

Sec. 12-54. Permit to owner to use land as dumping ground.

Whenever land is to be used as a dumping ground within the city, the owner of such ground or the agent of said owner shall first obtain a permit from the director of public works, which permit shall contain the rules and regulations under which said land may be used as a dumping ground. Said permit may be revoked by the director of public works at his pleasure and discretion.

(Ord. 1939, ch. 984, § 1; Rev. Ords. 1946, ch. 15, § 7; Ord. 1980, ch. 80-1, § 1, 1-7-80)

Sec. 12-55. Permits, regulation of use of dumping grounds.

The superintendent of health is hereby authorized to issue permits to property owners and persons employed on dumps or dumping grounds. Such persons shall keep the dumps or dumping grounds under their supervision in as good order and as free from nuisance as possible, and shall have all offensive matter promptly covered with clean earth or ashes, and shall prevent all disposal of garbage or combustible materials on such dump, except under conditions and regulations as permitted by the superintendent of health. No person shall act as dump attendant without such permit.

(Ord. 1939, ch. 984, § 1; Rev. Ords. 1946, ch. 15, § 5)

Sec. 12-56. Placing combustible refuse on vacant land, dumping ground.

No person shall place or deposit, or cause to be placed or deposited, upon any vacant land or upon premises used as a dumping ground any mattress, bedding, wood shavings, excelsior, paper, cardboard, cartons, empty boxes, crates or barrels, or other similar combustible rubbish, except that when such combustible material is of value and can be salvaged and sold, it may be placed on the surface of the land in places provided for such purpose and approved by the director of public works and within a period ofnot more than three (3) days shall be moved into sheds or other building for storage until sold, and such residue therefrom as cannot be salvaged may be disposed of in such manner as not to cause a nuisance.

(Ord. 1939, ch. 984, § 1; Rev. Ords. 1946, ch. 15, § 16; Ord. 1969, ch. 69-6, § 1, 2-6-69; Ord. 1993, ch. 92-52, § 1, 12-28-92)

Sec. 12-57. Littering.

(a) Littering on private property prohibited; exceptions. No person shall dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property in this city, or upon or into any river, lake, pond or other stream or body of water in this city unless: 

(1) The property has been designated by the city for the disposal of litter;

(2) The litter is placed in a receptacle or other container intended by the owner or tenant of that property for the deposit of litter.

(b) Littering on public ways or public property; improper use of public receptacles. No person shall dump, deposit, drop, throw, discard or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream or body of water in this city except as permitted by law, nor shall any person transport by any means garbage or refuse from any dwelling, residence, place of business, farm or other site to and deposit such material in, around or on top of trash barrels or other receptacles placed along public streets or in public parks or in, around or on top of trash barrels or other receptacles of another person without the consent of the owner or person in control of such trash barrel or receptacle. 

(c) Owner to keep premises free of litter. The owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation or as a public way and including but not limited to restaurants, shopping centers, fast-food outlets, convenience stores, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, construction sites, loading and unloading docks, gas stations, and hospitals and clinics shall take all reasonably necessary measures including daily cleanup of the premises to prevent litter from drifting or blowing to adjoining premises, and if necessary, to maintain receptacles for and to deposit properly such litter in receptacles. 

(d) Owner to provide litter receptacles. The owner or person in control of any property which is held out to the public as a place for assemblage, for the transaction of business, for recreation or as a public way shall provide and conspicuously identify receptacles for the disposal of litter. 

(e) Litter to be disposed of in receptacles. It shall be unlawful for any person going upon the premises of another to dispose of litter while on such premises except in receptacles provided for such purposes without the consent of the owner or person in control of such receptacle. 

(f) Litter on vacant land. The owner or person in control of a vacant or unimproved land shall maintain said land reasonably free of litter, debris, or other offensive material. 

(Ch. 15, § 27, added by Ord. 1950, ch. 350, § 3; Ord. 1980, ch. 80-41, § 1, 10-24-80; Ord. 1988, ch. 88-19, § 1, 6-2-88; Ord. 1992, ch. 92-52, § 1, 12-28-92)

Sec. 12-58. Deposits of decomposable animal, vegetable, other offensive matter.

(a) No person shall place or deposit, or cause or permit to be placed or deposited upon any premises anywhere within the limits of the city any decomposing or decomposable animal or vegetable matter or any other offensive matter or substance of any sort except by permission of the director of the department of public works or his designee, under such regulations as may be adopted by the director of public works. Every owner, lessee or occupant of such land, or any person hereafter placing or depositing, or causing or permitting to be placed or deposited, any such matter or substance as aforesaid, shall remove said matter or substance from said land.

(b) No person shall place or deposit, or cause or permit to be placed or deposited anywhere within the limits of the city any motor vehicle gasoline tank or diesel fuel tank or other container used for the storage of gasoline or other such combustible fluids unless such deposit is permitted by the director of the department of public works.

(Ord. 1939, ch. 984, § 1; Rev. Ords. 1946, ch. 15, § 6; Ord. 1988, ch. 88-19, § 1, 6-22-88; Ord. 1992, ch. 92-52, § 1, 12-28-92)

Sec. 12-59. Depositing matter taken from catch basin.

No person shall dump or deposit anywhere within the city any matter taken from a catch basin, without completely covering the same with earth or clean ashes immediately upon dumping or depositing the same and in accordance with the regulations of the superintendent of health.

(Ord. 1939, ch. 984, § 1; Rev. Ords. 1946, ch. 15, § 15)

Sec. 12-60. Deposits of coal, dust, soot, other matter in public places.

No person shall throw or deposit, nor cause to be thrown or deposited, in any street, highway or public place, any coal, dust, soot, ashes, cinders, shavings, paper, hair, shreds, manure, oyster, clam or lobster shells, or any animal or vegetable matter or substance whatever, or any rubbish of any kind.

(Ord. 1914, ch. 30, § 31; Rev. Ords. 1946, ch. 15, § 24)

Sec. 12-61. Use of garbage receptacles.

The owner of any dwelling shall be deemed to have allowed an unsanitary condition and a nuisance to exist whenever garbage, trash or debris at that dwelling is not contained. Contained shall mean placed in a commercially available, watertight covered container generally designed for the purpose of holding such garbage, trash, or debris. This section shall not apply to the collection of yard waste, which shall continue according to regulations promulgated by the resource recovery corporation and the state. Garbage, trash or debris placed only in a plastic "bag" or a bag of similar material is not "contained" within the meaning of this section.

The owner shall provide not fewer than two designated water tight containers per unit for each dwelling unit. Any person who litters or otherwise places or disposes of garbage, trash or debris in any manner except in a commercially available, covered, watertight container suitable for the purpose, shall be deemed to have created an unsanitary condition and a nuisance.

The owner of any premises who deposits or suffers the depositing or accumulation of more than one (1) cubic yard of uncontained trash, refuse or debris shall be deemed to have allowed an unsanitary condition and a nuisance to exist at those premises. "Contained" shall mean placed in a commercially available, watertight, covered container generally designed for the purpose of holding such garbage, trash or debris. Garbage, trash or debris placed in a plastic "bag" or bag of similar material is not "contained" within the meaning of this section. "Suffer" shall be deemed to include an individual having knowledge of the existence of said garbage, trash or debris. Knowledge may be actual or may be inferred from the existence of trash, refuse or debris on the premises for two (2) consecutive days without removal.

(Rules of Bd. of Ald., ch. 1, r. 23; Rev. Ords. 1946, ch. 15, § 8; Ord. 1988, ch. 88-19, § 1, 6-22-88; Ord. 1989, ch. 89-3, § 1, 4-17-89; Ord. 2002, ch. 02-3, §§ 2, 7a, 7b, 8, 2-13-02)

Sec. 12-61.1. Use of dumpsters.

Any person engaged in the business of providing dumpsters to others shall, prior to placing a dumpster on public or private property for any period of time, shall first obtain a permit from the director of public works. Said permit shall specify the size and location of the dumpster and the length of time that said dumpster may be used on the said public property.

(1) Minimum standards. Any dumpster used in the city shall meet the following standards: 

a. The dumpster shall be painted so as to be reasonably resistant to rust and corrosion.

b. The name and telephone number of the dumpster owner shall be clearly painted on at least two sides of the dumpster.

c. Dumpsters less than twenty (20) cubic yards in size shall be capable of being closed on all sides, except when opened for deposit or servicing.

d. Dumpsters greater than twenty (20) cubic yards in size shall be capable of being secured so as to prevent the spillage of refuse, waste or garbage from the container.

e. No dumpster located within two hundred (200) feet of a residential zone property shall be serviced between the hours of 11:00 p.m. and 7 a.m.

(2) Use. Any dumpster used in the city shall be maintained and serviced with a frequency sufficient to prevent spillage from overflow, to prevent the buildup of offensive odors, and to prevent a public hazard. The responsibility for the maintenance and servicing of dumpsters shall rest with the owner of the dumpster. The maintenance of dumpsters shall include the cleanup and removal of all litter thrown or left on the dumpster premises to prevent litter from drifting or blowing on to adjacent premises. Any dumpsterregularly used to contain decomposable matter or other odor-generating waste shall be steam cleaned with disinfectant on a monthly basis. Drain holes in dumpsters shall be maintained to prevent leakage of waste fluids and to prevent entry by rodents. 

(3) Illumination or reflectorization of trash containers. All commercial garbage and/or trash containers or dumpsters so-called located within the city on any part or portion of the public right-of-way, that is, sidewalk, pedestrian footpath, or roadway shall be illuminated with flashing beacon lights affixed thereto or in the absence of beacons, sheeted/affixed with high intensity reflectorized orange and silver construction work-zone sheeting pursuant to regulations specified by the traffic engineer. 

All dumpsters shall be illuminated or reflectorized twenty-four (24) hours daily. The traffic engineer shall cause to be printed and have available for inspection and distribution the aforecited regulations concerning specifications for beacon illumination or sheeting reflectorization.

(4) Placement and screening on private properly. Dumpsters on private property shall not be placed within twenty feet of the public right-of-way or city street line. All dumpsters shall be screened from public view on at least three (3) sides by a solid wall, opaque fence, or compact planting screen of at least five (5) feet in height if such area is not within an enclosed building or structure. Screening shall be constructed in a manner to allow inspection and shall be the responsibility of the property owner. 

Provided, however, that upon permit from the director of public works or his/her designee, this requirement may be waived. In approving or rejecting said application, the director shall determine, based upon the totality of the circumstances, whether or not said permit shall be granted. Among the factors the director shall consider are (a) the proximity of the dumpster to the street line, (b) the availability of other space for on-site placement, (c) the impact, if any, such requirement will have on available on-site parking, and (d) the availability and proximity of alternative off-street, parking.

(5) Violations and penalties. Any person who shall violate any provision of this section, or any provisions of any rule or regulation adopted pursuant to authority granted by this section, shall upon conviction, be punished by a fine of one dollar ($1.00) up to and including five hundred dollars ($500.00). That upon determination by the director of public works or his/her designee, that the public health, safety and welfare would be better served, the director may give notice of such violation and abate said condition according to statute or give notice of said violation and petition the municipal court for an order to abate any such violation. 

(6) Enforcement. The provisions of this section shall be enforced by the director of public works who shall promulgate such rules as they may be necessary to effect the purposes of this chapter. Additionally, said director shall take reasonable steps to notify residents and owners of the requirements of this chapter and the scheduled days of trash and of the scheduled days of trash and white goods collection. 

(Ord. 1987, ch. 87-2, § 2, 2-23-87; Ord. 2002, ch. 02-3, § 16, 2-13-02)

Sec. 12-61.2. Use of recyclable receptacles.

(a) Required. The owner or occupant of any premise or dwelling unit where recyclables shall accumulate shall store said recyclables in the state-provided special container/receptacle on said premises. Said owner or occupant shall deposit recyclables by placing them in or on top of the container. 

(b) Use. Said owner or occupant shall not locate such container/receptacle in any place which is not satisfactory to the director of public works. No person shall deposit recyclables in any other place other than such a recyclable receptacle as herein prescribed. No person shall deposit nonrecyclable materials in the special state-provided container. 

(c) Violations and penalties. Any person who shall violate any provision of this section, or any provision of any rule or regulation adopted pursuant to authority granted by this section, shall, upon conviction, be punished as provided in section 1-10 of this Code of Ordinances. 

(d) Enforcement. The provisions of this section shall be enforced by the director of public works. 

(Ord. 1989, ch. 89-3, § 3, 4-17-89)

Sec. 12-62. Preparation of combustible rubbish or refuse for collection.

All wastepaper, excelsior, rags, old clothes, bedding or other combustible rubbish or refuse which will scatter if loose shall be fastened together securely by tying or otherwise, and shall be so placed on premises as to be easily collected.

(Rules of Bd. of Ald., ch. 1, r. 23; Rev. Ords. 1946, ch. 15, § 8)

Sec. 12-63. Time to place waste for collection; duty to remove after collection.

(a) The owner of any dwelling shall be deemed to have allowed an unsanitary condition and a nuisance to exist whenever garbage, trash or debris at that dwelling is placed out early for municipal collection. "Early" shall mean prior to 4 p.m. on the day preceding the date of garbage collection.

(b) The owner of any dwelling shall be deemed to have allowed an unsanitary condition and a nuisance to exist whenever containers used for the deposit of garbage, trash or debris at that dwelling are not removed from the public way by midnight of the designated collection day for that particular area of the city.

(c) Except for the placement of containers on the public way for trash collection, an owner of any dwelling shall be deemed to have allowed an unsanitary condition and nuisance to exist at that dwelling whenever containers for the storage of garbage, trash or debris are not screened or are otherwise viewable from the street. This provision shall not apply to nonresidential uses.

(Ord. 1950, ch. 350, § 4, added by Ord. 1962, ch. 1517, § 1; Ord. 1989, ch. 89-3, § 1, 4-17-89; Ord. 2002, ch. 02-3, §§ 3--5, 2-13-02)

Sec. 12-64. Frequency and method of removal of wastes.

All household rubbish, garbage and recyclables shall be removed from the curbside in front of or near such dwelling in accordance with the other sections of this article, and the department of public works shall only be required to pick up such household rubbish, garbage and recyclables as is placed on or near the curbside in front of or near each such dwelling. Such regular weekly removals and pickups by the department of public works shall be carried out only on the days of Monday, Tuesday, Wednesday, Thursday and Friday of each week.

(Rules of Bd. of Ald., ch. 1, r. 25; Rev. Ords. 1946, ch. 15, § 9; Ord. 1981, ch. 81-23, § 1, 5-15-81; Ord. 1989, ch. 89-3, § 1, 4-17-89)

Sec. 12-65. License to transport garbage, waste--Required.

It shall be unlawful for any person to transport garbage, combustible waste, noncombustible waste, ordinary waste, ordinary commercial waste or industrial waste on or over the streets or other public ways of the city without having first obtained a license from the director of public works for each vehicle so engaged.

(Ord. 1963, ch. 1559, § 2)

Sec. 12-66. Same--Issuance.

Application for a license to transport garbage, combustible waste, noncombustible waste, ordinary waste, ordinary commercial or industrial waste shall be made to the director of public works, who shall issue such license if he finds that the applicant has suitable equipment for transporting such waste and that the applicant has complied and indicated a willingness to comply with all applicable ordinances of the city and the rules and regulations of the director of public works.

(Ord. 1963, ch. 1559, § 2)

Sec. 12-67. Same--Fee for license, renewal.

The annual fee for a license to transport garbage, combustible waste, noncombustible waste, ordinary waste, ordinary commercial or industrial waste, or for a renewal of such license, shall be as follows:

(a) Where the licensee is transporting waste for profit, the annual fee for such license or renewal thereof shall be fifty dollars ($50.00) plus fifty dollars ($50.00) for each waste conveyance vehicle in excess of one operated pursuant to such license.

(b) If the licensee is not transporting for profit, the annual fee for such license, or renewal thereof, shall be ten dollars ($10.00) plus five dollars ($5.00) for each waste conveyance vehicle in excess of one operated pursuant to such license.

(Ord. 1963, ch. 1559, § 2; Ord. 1989, ch. 89-3, § 1, 4-17-89)

Sec. 12-68. Same--Expiration, renewal.

Any expired license issued pursuant to section 12-66 may be renewed under the same conditions applicable to the issuance of an original license. A license or renewal thereof shall expire on June 30th next following its issuance.

(Ord. 1963, ch. 1559, § 2; Ord. 1989, ch. 89-3, § 1, 4-17-89)

Sec. 12-69. Same--Revocation.

Any license or renewal thereof issued pursuant to section 12-66 or 12-68 may be revoked forthwith by the director of public works upon failure of the license holder to comply with all applicable ordinances of the city and the rules and regulations of the director of public works.

(Ord. 1963, ch. 1559, § 2)

Sec. 12-70. Same--Transport to comply with rules and regulations of director of public works.

It shall be unlawful for any person operating under a license to transport waste material, on or over the streets or other public ways of the city unless such waste materials are transported in vehicles conforming to the requirements set forth in the "Rules and Regulations Governing the Collection, Conveyance and Disposal of Waste Materials", promulgated by the director of public works.

(Ord. 1963, ch. 1559, § 3)

Sec. 12-70.1. Same--Transport/license to keep segregated recyclables separate from municipal solid waste.

Any person operating under a license to transport household rubbish or waste material pursuant to section 12-66 shall keep segregated recyclables separate from the municipal solid waste which they collect or haul; maintain any separated recyclables which are brought to state-owned recycling facilities to be delivered in processable condition; and, deliver to state-owned recycling facilities all separated recyclables which are designated by the director of public works to go to such facility. Failure to comply with this section 12-70.1 may result in revocation of license pursuant to section 12-69.

(Ord. 1989, ch. 89-3, § 3, 4-17-89)

Sec. 12-71. License for removal of swill, offal required.

No person, unless appointed and licensed so to do by the city council shall remove, carry or transport any swill or house offal from any house, market, building or premises, over, upon or through any street or highway in the city.

(Rules of Bd. of Ald., ch. 1, r. 24; Rev. Ords. 1946, ch. 15, § 10)

Sec. 12-72. Restrictions upon appointments, licenses to remove swill, offal.

Whenever any person shall be appointed and licensed to remove swill and house offal from the city, the designation and appointment shall state definitely the houses, buildings or districts from which such person so designated is to remove the swill and house offal. No person shall remove the swill and house offal from any other house, building or district than that from which he is appointed and licensed to remove it.

(Rules of Bd. of Ald., ch. 1, r. 28; Rev. Ords. 1946, ch. 15, § 13)

Sec. 12-73. Duration of appointment, license to remove swill, offal.

Any appointment and license to remove swill and house offal shall be for the current year ending on the first Monday of April next ensuing the date of the appointment, and shall expire on said first Monday of April, and may be revoked at any time by the city council.

(Rules of Bd. of Ald., ch. 1, r. 29; Rev. Ords. 1946, ch. 15, § 14)

Sec. 12-74. Manner of removal of swill, offal; examination of receptacles.

All swill and house offal shall be removed in or from the city in watertight closely covered vehicles or in watertight tubs, casks or cans with covers securely fastened, in order to make the tubs, casks or cans airtight; and all such vehicles, tubs, casks or cans so used, shall be kept clean and well painted on the outside. No vehicle, tub, cask or can shall be used for the removal of swill or house offal in or from the city, unless first examined and approved by the superintendent of health, and the coversof all such vehicles, tubs, casks and cans containing swill or house offal shall be kept tightly closed when they are being driven or carried through the streets of the city.

(Rules of Bd. of Ald., ch. 1, r. 26; Rev. Ords. 1946, ch. 15, § 11)

Sec. 12-75. Marking vehicles for removal of swill, offal.

All vehicles used to remove swill or house offal, or to transport tubs, casks or cans containing swill or house offal, shall have placed upon them such information as may be required by the director of public works.

(Rules of Bd. of Ald., ch. 1, r. 26; Rev. Ords. 1946, ch. 15, § 12; Ord. 1988, ch. 88-19, § 1, 6-22-88)

Sec. 12-76. Transport of bones, grease and fats.

No person shall carry or convey, nor cause to be carried or conveyed, in any street or park, any bones, grease, animal or soap fats, unless in covered cans, tubs or receptacles properly marked.

(Ord. 1914, ch. 30, § 8; Rev. Ords. 1946, ch. 15, § 21)

Sec. 12-77. Transport of wastepaper.

No person shall carry or convey through or in any street any wastepaper not so covered or protected as to prevent the escape of said paper into any street, and no person while loading or unloading a vehicle shall scatter or permit any wastepaper to be scattered in any street or highway, or where such wastepaper shall be blown onto any street or highway.

(Ord. 1914, ch. 30, § 7; Rev. Ords. 1946, ch. 15, § 22)

Sec. 12-78. Transport of ashes, coal, sand and rubbish.

No person shall carry or convey, nor cause to be carried or conveyed in any street, highway, square or park, any ashes, bituminous coal, sand or rubbish unless the receptacle or vehicle containing such ashes, bituminous coal, sand or rubbish shall be closely covered.

(Ord. 1914, ch. 30, § 9; Rev. Ords. 1946, ch. 15, § 23; Ord. 1947, ch. 1619, § 1)

Sec. 12-79. Violations and penalties.

Any person found guilty of violating the provisions of this article or the rules and regulations of the director of public works or the superintendent of health, as the case may be, promulgated hereunder, shall be punishable as provided in section 1-10 of the Code of Ordinances.

In addition to any fine imposed under this chapter, a person convicted of such a violation shall be ordered to remove and properly dispose of the litter and to fence the property on which the litter was located; and in the event such disposal is not accomplished within a reasonable period of time, the director of public works may cause such removal and fencing of the property and for such purpose may enter upon any real property necessary to cause the removal.

In the event that the director of public works is required to remove litter and to fence any real property, the city shall obtain a special lien against said real property for the cost of said litter removal and fencing which lien shall be removed only upon reimbursement of the cost of the litter removal and fencing by the owner of the property.

Said fence shall be at least six (6) feet in height and shall be chain link. Said fence shall remain in place and be maintained by the owner until a building permit has been obtained for the reuse of the property.

(Ch. 15, § 28, added by Ord. 1950, ch. 350, § 4; Ord. 1963, ch. 1559, § 6; Ord. 1980, ch. 80-41, § 1, 10-24-80; Ord. 1992, ch. 92-2, § 2, 1-10-92)

Sec. 12-80. Penalties for littering violations.

(a) Unless otherwise specified, the penalty for violation of any provision set forth herein shall be one dollar ($1.00) to five hundred dollars ($500.00), provided, however, that any individual electing to admit the violation charged and electing to appear before the clerk of the court or to mail notice of violation shall be penalized as follows:

TABLE INSET:

Offense 

Fine 

Code Section 

Improper storage of residential trash 

$ 50.00 

Sec. 12-61 

Early storage of residential trash 

50.00 

Sec. 12-63 

Late removal of residential containers 

50.00 

Sec. 12-63 

Unscreened container(s) 

50.00 

Sec. 12-63 

Trash hauling without license 

200.00 

Sec. 12-65 

Violation of dumpster ordinance 

150.00 

Sec. 12-61.1 

Litter equal to or greater than one (1) cubic yard 

250.00 

Sec. 12-61 

Littering 

50.00 

Sec. 12-57 

Depositing garbage in container of another 

50.00 

Sec. 12-57(e) 

Scavenging of certain white goods 

150.00 

Sec. 12-87.1 

Violation of recycling ordinance 

50.00 

Sec. 12-86 

Animal control 

100.00 

Secs. 12-89.3 or 12-89.4 

Continuing public environmental nuisance 

500.00 

Sec. 12-85 

Scavenging 

50.00 

Sec. 12-87 

Commercial trash violation 

250.00 

Sec. 12-61.1 

(b) Any person who, within the previous twelve (12) months of said notice, has been convicted of any violations of this article or has pending a violation of this article shall not be eligible for the provisions of this section.

(Ord. 1988, ch. 88-18, § 1, 6-22-88; Ord. 1989, ch. 89-3, § 1, 4-17-89; Ord. 1992, ch. 92-52, § 1, 12-28-92; Ord. 2002, ch. 02-3, § 16, 2-13-02)

Sec. 12-81. Payment of fines--Generally.

A person charged with the violation of any litter regulation relating to this section and notified by the director of public works to appear to answer such charge before the Providence 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 admission and payment be made at the office of said clerk during regular business office hours, within sixty (60) days of such notification, and failure to so appear shall be deemed a waiver of the right to dispose of such charge without personnel [personal] appearance in court.

(Ord. 1988, ch. 88-18, § 1, 6-22-88)

Sec. 12-82. Same--Payment by mail.

(a) Any person charged with any violation relating to litter, except as otherwise provided, may elect to mail in said violation tag to the clerk of the Providence 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 sixty (60) days from the date of the offense by depositing the designated payment of such fine in a depository maintained by the United States Post Office Department for the collection mails 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 or 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 ten dollars ($10.00) shall be imposed against the violator to defray administrative costs. 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 thesame.

(Ord. 1988, ch. 88-18, § 1, 6-22-88)

Sec. 12-83. Same--Effect of payment.

The payment of a fine to the clerk of the municipal court as herein provided, for the violation of a litter regulation relating to this section shall operate as a final disposition of the charge and such proceedings shall not be deemed criminal.

(Ord. 1988, ch. 88-18, § 1, 6-22-88)

Sec. 12-84. Same--Notice requirements.

Notice of any litter violation relating to this section shall indicate the offense charged, 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 hereof.

(Ord. 1988, ch. 88-18, § 1, 6-22-88)

Sec. 12-85. Effect of multiple violations relating to litter regulations.

Notwithstanding anything herein contained, disposition of litter violation charge relating to this section without personal appearance in the municipal court may not be exercised by any person who in the consecutive period of twelve (12) months next preceding such charge has been three (3) times in the aggregate adjudged guilty by the municipal court of any violation of any regulation relating to this section or has admitted the truth of charges made against him under the provisions hereof.

(Ord. 1988, ch. 88-18, § 1, 6-22-88)

Sec. 12-86. Failure to comply.

Any person charged with the violation of any litter regulation relating to this section as outlined in section 12-80(a) of the Code of Ordinances, who fails to make payment within sixty (60) days as required, may, in the discretion of any justice of Providence Municipal Court, be charged an additional sum of ten dollars ($10.00) to cover administrative costs which shall be payable to the clerk of said court.

(Ord. 1988, ch. 88-18, § 1, 6-22-88)

Sec. 12-87. Scavenging of household rubbish, garbage and recyclables.

No person shall scavenge household rubbish, garbage or recyclables within the city limits.

(Ord. 1989, ch. 89-3, § 3, 4-17-89)

Sec. 12-88. Fencing of vacant lots.

Any vacant and unused lot in a residential or mixed use section of the city shall be fenced so that the lot does not become a dumping ground and a nuisance to the neighborhood. Said fence shall be at least six (6) feet in height and shall be chain link. Said fence shall remain in place and be maintained by the owner until a building permit has been obtained for the reuse of the property.

Said fence shall be locked in a manner that is sufficient to prevent unauthorized entry.

Vacant and unused shall mean any lot that is not used for a side yard and/or parking that is not in contravention with zoning requirements included in, but not limited to section 704, 705 and 706 of chapter 27 of the Code of Ordinances, and kept free of litter. The director of public works shall enforce this regulation and within ninety (90) days of the adoption of this section shall establish rules and regulations for the placement of fences around vacant and unused lots. If the owner of a property does not install a fence in accordance with this section or the rules and regulations adopted, within twenty-one (21) days of the date of initial notification by the director of public works or his/her designee, the director of public works may cause such fence to be installed and for such purpose may enter upon any real property necessary to install such fence. In the event that the director of public works is required to fence said lot, the city shall obtain a special lien against said real property for the costof said fence and installation which lien shall be removed only upon reimbursement of the cost of the fence, and its installation by the owner of the property or successor.

Fences constructed pursuant to the rules and regulations adopted shall be exempt from that restriction on height stated in the first paragraph of this section.

(Ord. 1992, ch. 92-2, § 3, 1-10-92; Ord. 1999, ch. 99-15, § 1, 5-31-99; Ord. 2003, ch. 03-36, 6-16-03)

Sec. 12-89. Disposal of leaf and yard debris.

(a) Disposal to be conducted in environmentally sound manner. The city finds that disposal of leaf and yard debris should be conducted in an environmentally sound manner and wishes to institute a comprehensive plan for such disposal with as little negative environmental impact as practicable. 

(b) Definitions. 

Acceptable leaf/yard debris shall mean leaf/yard debris free of contamination by rubbish, trash, garbage, construction/demolition debris, tree limbs larger than four (4) inches in diameter, tree stumps or any other material that does not constitute leaf/yard debris. 

Leaf/yard debris shall consist of leaves, grass, weeds, vegetable and flower garden herbaceous debris and remnants, plant trimmings, small brush and hedge clippings, chipped or shredded tree or shrubbery branches and other small landscape trimmings and cuttings. 

(c) Containers. 

Acceptable yard/leaf debris shall be placed in municipally approved recyclable, reusable or disposable biodegradable containers for collection. Every person shall place yard debris at curbside. It shall be separate and apart from all other disposable and recyclable materials.

(d) Plastic bags prohibited. 

Acceptable leaf/yard debris shall not be placed for disposal in plastic bags of any nature.

(e) Enforcement. 

The director of the department of public works or his/her designee is hereby authorized to promulgate rules and regulations so as to effect the purpose of this section.

(f) Penalty. 

Any violations of the provisions of this section shall be punishable as stated in section 12-61.2 of the Code of Ordinances of the City of Providence.

(Ord. 1993, ch. 93-59, § 1, 12-27-93)

Editor's note: Ord. 1993, ch. 93-59, adopted December 27, 1993, did not specifically amend this Code; hence, inclusion as § 12-89 was at the discretion of the editor. 

Sec. 12-89.1. Release of gaseous or liquid substance from appliances.

Unless licensed to do so by the state, any person who, whether or not for profit, damages or parts out, or in any way permits the release of any gaseous or liquid substance from any refrigerator, freezer, air conditioner or other appliance normally and usually designed to contain freon, shall be deemed to have created an unsanitary condition and a nuisance.

(Ord. 2002, ch. 02-3 § 6, 2-13-02)

Sec. 12-89.2. Disposal of heavy litter other than at a solid waste management facility.

Any person who shall dispose of heavy litter other than at a solid waste management facility licensed by the director of the department of environmental management of the state shall be deemed to have created an unsanitary condition and a nuisance.

The phrase "dispose of heavy litter," as prohibited herein, refers to the depositing, casting, throwing, leaving or abandoning of a quantity greater than one (1) cubic yard and less than three (3) cubic yards at any location other than a said waste management facility or at a location approved for such disposal by the city. Used asphalt, concrete, Portland concrete, tree stumps, and other solid waste held or stored in a vehicle or proper receptacle at a licensed place of business of a licensed solid waste hauler for a period not to exceed seventy-two (72) hours shall not be considered heavy litter for purposes of this act.

(Ord. 2002, ch. 02-3 § 11, 2-13-02)

Sec. 12-89.3. Animal defecation.

Any person who shall allow any animal within his or her control to defecate in any private or public place without removing and disposing of same in a commercially available watertight, covered container suitable for said purpose shall be deemed to have created an unsanitary condition and a nuisance.

(Ord. 2002, ch. 02-3 § 12, 2-13-02)

Sec. 12-89.4. Premises to be free of animal excrement.

The owner of any premises who shall fail to maintain said premises free of animal excrement shall be deemed to have created an unsanitary condition and a nuisance by contributing to the propagation of rodents.

(Ord. 2002, ch. 02-3 § 13, 2-13-02)