[HISTORY: Adopted by the Council of the City
of Pawtucket, approved 7-9-1970 by Ch. No. 1265. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "City of Pawtucket Antilitter Ordinance."
A.
When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
CITY
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
For the purposes of this chapter the following terms,
phrases, words and their derivations shall have the meaning given
herein.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as required and
authorized in the Garbage Ordinances of the City of Pawtucket.[1]
The City of Pawtucket.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature
which:
Advertises for sale any merchandise, product,
commodity or thing;
Directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interest thereof by sales;
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind for which
an admission fee is charged for the purpose of private gain or profit,
but the terms of this subsection shall not apply where an admission
fee is charged or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical performance, exhibition
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals public
peace, safety and good order, provided that nothing contained in this
subsection shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition or event
of any kind without a license, where such license is or may be required
by any law of this state or under any ordinance of this City; or
While containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes or for the private
benefit and gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish as defined herein and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service,
in accordance with federal statute or regulation, and any newspaper
filed and recorded with any recording officer as provided by general
law; and, in addition thereto shall mean and include any periodical
or current magazine regularly published with not less than four issues
per year, and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the City, owned or used by the City and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designated
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, wall, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the City except
in public receptacles, in authorized private receptacles for collection
or in official City dumps.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other place or upon private property.
No person shall sweep into or deposit in any
gutter, street or other public place within the City the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the City the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the City shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street to other public
place within the City or upon private property.
No person shall throw or deposit litter in any
park within the City except in public receptacles and in such a manner
that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
park or elsewhere within the City.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the City. Nor shall any person hand out or distribute
or sell any commercial handbill in any public place; provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the City for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute without charge to the receiver thereof a noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises,
if requested by anyone thereon not to do so or if there is placed
on said premises in a conspicuous position near the entrance thereof
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertisement" or any similar notice, indicating in any matter
that the occupants of said premises do not desire to be molested or
have their right of privacy disturbed or to have any such handbills
left upon such premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises; provided, however, that in case of inhabited private premises
which are not posted, as provided in this chapter, such person, unless
requested by anyone upon such premises not to do so, may place or
deposit any such handbill in or upon such inhabited private premises,
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
B.
The provisions of this section shall not apply to
the distribution of mail by the United States, nor to newspapers (as
defined herein), except that newspapers shall be placed on private
property in such a manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
No person in an aircraft shall throw out, drop
or deposit within the City any litter, handbill or any other object.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamppost, public utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any
occupied private property within the City, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the City whether owned by such
person or not.
[Amended 6-9-1977 by Ch. No. 1595; 11-8-1984 by Ch. No. 1907; 8-8-1985 by Ch. No. 1932; 7-25-1996 by Ch. No. 2420]
Upon a finding by the Director of Zoning and
Code Enforcement, his or her agent or designee, that the property
within the City is in such condition as to be in violation of the
requirements of this chapter, he or she, his or her agent or designee
shall give notice thereof to the owner or owners of such property
to comply with the requirements of this chapter within 24 hours after
service of notice. Such notice shall contain a statement of the Director
of Zoning and Code Enforcement, his or her agent or designee's findings
as to violations, a description of the property and the estimated
cost of clearing such property or the removal or remedying the condition
thereof found to be violating this chapter. Such notice may be given
personally or by certified mail, police constable or City Sergeant
to the owner or owners of the property described as their names and
addresses are shown upon the records of the Tax Assessor of the City,
and service of such notice shall be deemed complete and sufficient
when so addressed and deposited in the United States mail with postage
prepaid and/or by posting a certified copy on the premises and/or
by advertising in one or more newspapers.
[Amended 11-8-1984 by Ch. No. 1907]
Upon failure of the owner or owners of such
premises to remedy the conditions existing in violation of the requirements
hereof within seven days after service of notice to do so as provided
herein, then the Director of Zoning and Code Enforcement, his or her
agent or designee, shall proceed to have such conditions remedied
either by the City of Pawtucket or through a private contractor so
retained by said City. Said owner or owners shall then be cited to
appear before the Pawtucket Municipal Police Court where, upon conviction,
said owner or owners shall be fined in accordance with § 263-29
hereof. Cleanup costs incurred shall become a lien against such property
to the same extent and character as the lien for real estate taxes
and with the same penalty and interest and with the same rights of
collection, foreclosure sale and forfeiture as obtained for tax liens,
unless said costs are paid to the Pawtucket Municipal Court in accordance
with § 263-29 hereof.
[Amended 11-8-1984 by Ch. No. 1907]
Upon the making of a finding of violation, the
Director of Zoning and Code Enforcement, his or her agent or designee,
shall deliver a certified copy thereof, and of the notice, to the
City Clerk; and the City Clerk shall place the same on record as a
lien against the property described therein. It shall also be the
duty of the Building Inspector to file such other and further certification
as to work done and amounts due or paid as the circumstances may require.
Upon completion of the required work by the City as provided in § 263-21 hereof, notice thereof and of the cost assessed therefor shall be given to the owner in the same manner as prescribed for notices of violations in § 263-20 of this chapter, and the sum assessed shall be due and payable 30 days after such completion and cost unless such assessment shall be appealed to the Board of Appeals as provided herein prior to the expiration of said thirty-day period.
Any person owning all or any interest in said
property shall have the right to appeal the findings of violation
within 15 days of service of the notice thereof and any such person
shall have the right to appeal the assessment of cost within 30 days
of service of notice thereof. Such appeals shall be taken to the Board
of Appeals created by Sec. 3-100(C) of the Charter of the City of
Pawtucket.
[Amended 11-8-1984 by Ch. No. 1907; 5-24-2018 by Ch. No. 3160]
The failure, neglect or refusal of any owner
or agent so notified to properly dispose of litter dangerous to the
public health, safety or welfare and also which is creating a public
nuisance within 24 hours after the publication of notice provided
herein shall be deemed a violation.
[Amended 11-8-1984 by Ch. No. 1907]
The Director of Zoning and Code Enforcement,
his or her agent or designee, shall enforce the terms and conditions
of this chapter when violations occur on private property. Any police
officer of the City shall enforce the terms and conditions of this
chapter when a violation occurs in a public place; and in addition
thereto, any member of the park police of the City is empowered to
enforce the terms and conditions of this chapter when a violation
occurs in any public park in the City.
The provisions of this chapter shall not repeal
any ordinance or part of any ordinance of the City of Pawtucket or
any other law upon the subject which the provisions of this chapter
relate unless the provisions of any ordinance or part of any ordinance
is expressly inconsistent and then only to the extent of such inconsistency.
[Amended 11-8-1984 by Ch. No. 1907; 8-8-1985 by Ch. No. 1932; 4-20-1990 by Ch. No.
2135]
A.
Any person violating any of the provisions of this
chapter shall be deemed guilty of a violation and shall be fined in
an amount not exceeding $500, and in addition shall pay all costs
and expenses involved in the offense. Each day such violation is committed
or permitted shall constitute a separate offense and shall be punishable
as such hereunder.
[Amended 5-24-2018 by Ch. No. 3160]
B.
Habitual offender. Any person cited under the provisions of this chapter after two separate violations within a one-year period shall, upon the third violation commencing with the date of the first violation, be deemed a habitual offender, and shall be immediately cited and summoned before the Pawtucket Municipal Police Court without the necessity of notice provided in § 263-20 hereof. A violation log shall be maintained by the Director of Zoning and Code Enforcement, his or her agent or designee. Said court shall, upon conviction, impose a fine of no less than $200, and, in addition, shall assess said offender all costs and expenses involved in the violation.
