[HISTORY: Adopted by the Town Council of the Town of Lincoln as §§ 9-3-1 and 9-3-4 of the 1972 Code (Ch. 8, Art. I, §§ 8-2, 8-3 and 8-5, of the 1990 Code of Ordinances); amended in its entirety 2-15-2022 by Ord. No. 2022-1.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included Ord. No. 97-2.
A. 
The Town Council has the authority under Article 13 of the Rhode Island Constitution and the Lincoln Town Charter to regulate issues of solid waste, litter and pollution as a local concern.
B. 
The Town is committed to keeping its public and private spaces, recreational areas and parks clean, safe, healthy, and pleasant for everyone.
C. 
Litter is unsightly, unclean and a significant source of pollution in the Town.
D. 
The Town Council intends, by the enactment of this chapter, to protect the environment and the public health, safety, and welfare of all residents and visitors by controlling and removing litter from the Town to the maximum practical extent possible.
As used in this chapter:
LITTER
Including, but not limited to, garbage, trash, waste, rubbish, ashes, cigarette or cigar butts, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, mattresses, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, or on private property not owned or occupied by the person, or in or on waters of the Town, unless the person has i) been directed to do so by a public official as part of a litter collection drive; or ii) thrown, dropped, placed, or discarded the material in a litter receptacle in a manner that prevented the material from being carried away by the elements.
LITTER RECEPTACLE
A container or receptacle designed for and suitable for the depositing of litter.
PERSON
Any natural person, political subdivision, government agency, public or private corporation, partnership, joint venture, association, firm, individual proprietorship, or other entity whatsoever.
PUBLIC PLACE
Any area that is used or held out for use by the public, whether owned or operated by public or private interests.
No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the Town, or upon private property in the Town not owned or occupied by him or her, or in the waters of the Town, except into a litter receptacle in a manner that the litter will be prevented from being carried away by the elements.
A. 
The provisions of this chapter shall be enforced by the Lincoln Police Department, the Building Inspector/Zoning Officer and/or such other municipal employees designated and authorized by the Town Administrator.
B. 
All violations of this chapter shall be heard by the Lincoln Municipal Court.
Any person who violates any of the provisions of this chapter shall be subject to the following penalties:
A. 
Any person convicted of a first violation of this chapter shall be subject to a fine of not less than $100, nor more than $500. In addition to, or in lieu of, the fine imposed hereunder, the person so convicted may be ordered to pick up litter for not less than two hours, nor more than 25 hours.
B. 
Any person convicted of a second or subsequent violation of this chapter shall be subject to a fine of not less than $500, nor more than $1,000. In addition to, or in lieu of, the fine imposed upon a second or subsequent violation of this chapter, the person so convicted may be ordered to pick up litter for not less than four hours, nor more than 50 hours.
C. 
Any person convicted of a violation of this chapter shall, in addition to all other penalties, be liable for the removal of all litter or ordered to pay restitution for the cost of removal of all litter illegally disposed of by that person.