[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]
A.
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.
B.
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.
C.
Violations and penalties. Anyone violating the terms
of this section is guilty and shall be punished as follows:
(1)
For the first offense, for an infraction and a fine
of not less than $500.
(2)
For the second or subsequent offense, for a misdemeanor.
(3)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
No person shall deposit any garbage in any other place
than such garbage receptacle as herein prescribed.
A.
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.
B.
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.
C.
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.
