[HISTORY: Adopted by the Town Council of the Town of Westerly as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-1991 by Ch. No. 983 as §§ 6-1 through 6-7 of the 1991 Code (as amended through Ch. No. 1274)]
[Amended 5-11-2020 by Ch. No. 1986]
No person shall throw or deposit, or cause to be thrown or deposited, on any such highway, street or other public or private property not owned by the person or the waterways of the Town, any tobacco products, cigarette butts, chewing tobacco canisters or electronic nicotine delivery systems, coal dust, soot, ashes, cinders, shavings, shreds, manure, or oyster, clam or lobster shells, or any other vegetable or animal matter, sweepings, chemical products (silly string or the like), litter of any kind or any material, including litter from explosive devices and related paperwork which is unsightly and unsanitary.
No person shall burn trash, lumber, leaves, straw or any other combustible material, in any street, alley or vacant lot, within the compact part of the Town, except by special permission of the Chief of the Fire Department; when such burning shall be done in screened metallic receptacles and under such proper safeguards as he may direct as to time and weather. The Chief of the Fire Department may issue a general permit by publication during certain seasons of the year for the burning of leaves or other material when conducted during daylight and with an adult in constant attendance.
No person shall allow to remain overnight in any alley, or on any sidewalk or premises within 30 feet of any building, empty boxes, barrels, rubbish, trash, wastepaper, excelsior or any other like combustible materials.
[Added 4-23-2007 by Ch. No. 1600]
No person shall deposit or dump or cause to have deposited or dumped any item of personal property at a thrift store site at any time other than when the thrift store is open for business to the general public and is accepting donations.
Definition. For the purpose of this section, "thrift store" shall mean any business of a commercial nature or charitable organization which utilizes donated items as a basis for its inventory for resale to the general public.
Violations and penalties. Anyone violating the terms of this section is guilty and shall be punished as follows:
For the first offense, for an infraction and a fine of not less than $500.
For the second or subsequent offense, for a misdemeanor.
In addition to the above penalties, anyone convicted under these provisions must pay restitution for all costs associated with removal of the personal property.
It shall be unlawful for any person to take any disposable glass or metal container on any beach or picnic area, or to consume alcoholic beverages from any bottle, glass or metal container or any other container on any public way within the Town.
It shall be unlawful for any person to discard containers made of glass, rubber, plastic, metal, wood, clay or paper, or any combination thereof, on any highway, beach or picnic area within the Town.
It shall be the duty of every owner or his agent, or occupant of any premises within the Town to provide a vessel or vessels, container or containers, for rubbish, refuse or garbage containment.
Commercial establishments shall have all refuse containers enclosed by no less than a six-foot fence or other screening of similar height, such enclosures and their contents are to be located at least 15 feet from any residential area.
No owner or occupant shall locate any container, whether for garbage, combustible or noncombustible rubbage, or any other type of refuse in any place closer than five feet to any lot line, and any such receptacle shall not be stored in any position in front of the house line or establishment line, other than on collection days, as its permanent location.
No owner or occupant shall allow to accumulate on any lands or premises empty boxes, barrels, rubbish, trash, waste paper or any other like material unless it is so contained and enclosed that no person, animal, or winds will disperse same.
No person shall deposit any garbage in any other place than such garbage receptacle as herein prescribed.
Upon violation of the provisions of § 162-6, it shall be the duty of the Property Maintenance Code Official to give notice as hereinafter provided to the owner, owners, or occupants of such property to comply with the requirements of such section within seven days of such notice.
Such notice may be given personally or by registered mail, addressed to the owner, owners, or occupants of the property described, as their names and addresses are shown upon the records of the Town; service of such notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid.
Upon failure of the owner, owners, or other occupants of such premises to remedy, or satisfactorily prove to the Property Maintenance Code Official an anticipated remedy, of the conditions existing in violation of the requirement of § 162-6 within seven days after service of such notice to do so as provided herein, there shall be imposed a fine of $10 per day for each day such violation exists.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Adopted 8-13-1991 by Ch. No. 983 as § 6-8 of the 1991 Code (Ch. No. 1196)]
No person shall dispose of, rake onto, throw or deposit, or cause to be disposed of, raked onto, thrown or deposited on any such highway, street or other public or private property, not owned by the person, any leaves, pile of leaves, accumulation of leaves, or the like, or grass clippings, or any other yard waste of any nature.
Every person chargeable with such offense after having received a written warning on a first offense shall be fined no less than $50 for a second offense and not less than $75 for any subsequent offense and shall also be subject to reimburse the Town for the cost, if any, of the removal of such leaves.