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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*

__________

*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. 

__________


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)

 

Department of Public Works Information & Hours
700 Allens Avenue,
Providence, RI 02905
Phone: (401) 467-7950
Hearing Impaired: TDD 831-4327
Illegal Dumping Hotline: 941-3478
Environmental Enforcement: 467-7950

Hours
Monday thru Friday 8:30am to 4:30pm

Summer Hours
Monday thru Friday 8:30am to 4:00pm


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