Daisy Diaz
Recycling Coordinator
Recycling Coordinator
David N. Cicilline
Mayor of Providence
Providence Recycling Office
Recycling is the Law
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)
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
