[HISTORY: Adopted by the Town Council of the Town of Johnston 7-28-1994
by Ord. No. 930 (Sec. 17-24 of the 1979 Code); amended in
its entirety 4-10-2006 by Ord. No. 2005-27.
Subsequent amendments noted where applicable.]
In conjunction with R.I.G.L. § 23-19-13, entitled "Gull Control
Program," passed at the 1994 session of the General Assembly; for the health,
safety and welfare of the people of the Town of Johnston; in an effort to
discourage gulls that feed at dumpsters and are contributing to the pollution
and contamination of Oak Swamp, Johnston Memorial Park Pond and other waterways
and wetlands in the Town; and to improve and enhance appearances in the Town:
A.
All dumpsters in all zoning districts that abut a residential
zone or any residential use parcel within the boundaries of the Town shall
be completely enclosed, which shall mean enclosed on three sides with masonry
walls, stockade fence, opaque fencing or arborvitae shrubs and enclosed on
the fourth side with a locked gate. The fencing, shrubs and gate shall be
tall enough to conceal the dumpster(s). Said dumpster(s), with enclosure,
shall be placed a minimum of 10 feet from the rear and side property lines
of abutting residential zones and shall be landscaped. Dumpsters abutting
commercial zones shall be placed a minimum of five feet from the rear and
side property lines. The following conditions shall be met:
(1)
New commercial businesses. Within 90 days of obtaining
a business license, all new commercial businesses in the Town utilizing a
dumpster shall be required to enclose their dumpsters with a material capable
of obscuring the view of the dumpster from the public (as set forth above)
and shall place the dumpster on secure ground. The dumpster enclosure and
location are subject to the approval of the Building Official or his designee,
at the request of the Building Official. Owners may apply for a waiver from
this section if they can demonstrate hardship based on visibility and location.
(2)
Existing commercial businesses. Within 90 days of renewal
of their business license, all existing commercial businesses in the Town
utilizing a dumpster shall be required to enclose their dumpsters with a material
capable of obscuring the view of the dumpster from the public (as set forth
above) and shall place the dumpster on secure ground. The dumpster enclosure
and location are subject to the approval of the Building Official or his designee,
at the request of the Building Official. Owners may apply for a waiver from
this section if they can demonstrate hardship based on visibility and location.
(3)
Residential buildings. Within 90 days of passage of this
section, all residential buildings in the Town consisting of more than one
family dwelling unit that utilize a dumpster shall be required to enclose
their dumpsters with a material capable of obscuring the view of the dumpster
from the public (as set forth above) and shall place the dumpster on secure
ground. The dumpster enclosure and location are subject to the approval of
the Building Official or his designee, at the request of the Building Official.
Owners may apply for a waiver from this section if they can demonstrate hardship
based on visibility and location.
(4)
Municipally owned structures. Within 90 days of passage
of this section, all municipal departments and agencies in the Town utilizing
a dumpster shall be required to enclose their dumpsters with a material capable
of obscuring the view of the dumpster from the public (as set forth above)
and shall place the dumpster on secure ground. The dumpster enclosure and
location are subject to the approval of the Building Official or his designee,
at the request of the Building Official. Owners may apply for a waiver from
this section if they can demonstrate hardship based on visibility and location.
(5)
Temporary placement of dumpsters. Requirements contained
herein shall not apply to the placement of temporary dumpsters. “Temporary”
shall be defined as a period of not more than 90 days or as may be permitted
by the Building Official.
B.
All dumpsters in business and industrial zones shall
be completely enclosed. Enclosed shall mean enclosed on three sides with masonry
walls, stockade fence, opaque fencing, or equivalent materials and enclosed
on the fourth side with a locked gate. Arborvitae shrubs may be substituted
where rodent control will not be an issue, subject to the approval of the
Building Official. The fencing, shrubs and gate shall be tall enough to conceal
the dumpster(s).
C.
All dumpster tops shall remain closed at all times; the
premises around all dumpsters shall be kept free from debris, and all enclosures
shall be maintained in good condition, free from defective or missing parts.
Dumpsters must be secured at all times between pickups.
D.
All businesses currently licensed and operating in the
Town shall comply with this section on or before the annual licensing renewal
for their current license.
E.
The Town Clerk is hereby directed to provide a copy of
this chapter to all persons applying for business licenses, and the Building
Official, or his designee, is hereby directed to place copies of this chapter
in the Zoning Ordinance booklets.
F.
In no event shall any dumpster or dumpster enclosure
contain hazardous waste or material harmful to the surrounding residents.
Nothing herein shall prohibit properly licensed facilities from the maintenance
and disposal of hazardous waste as may be permitted by federal, state and
local law.
G.
No materials of any kind shall be allowed to be stored
within the confines of a dumpster enclosure or within 10 feet of the outside
of a dumpster enclosure.
H.
Any waste from food or food products shall be enclosed
in a leakproof container (plastic bag, etc.) before being placed in a dumpster.
I.
Dumpsters used for waste from food or food products shall
be maintained in such manner so as not to constitute a breeding ground for
infective material, an attraction for rodents, and the migration of odors
to the surrounding residential use properties, thereby creating a public nuisance.
J.
Responsibility for the oversight and enforcement of this
section lies primarily with the Building Official of the Town or his designee.
The Building Official, Minimum Housing Officer, Police Department, and other
duly authorized representatives of the Town may initiate summonses in order
to ensure compliance with this section.
K.
Any person or entity in violation of any of the provisions
of this section shall be subject to a fine of not more than $100 per day for
the first offense; not more than $250 per day for the second offense; and
not more than $500 per day for any subsequent offenses. Any charges and summonses
issued pursuant to this section shall be presented in the Johnston Municipal
Court.
L.
Any and all waivers, whether granted or denied pursuant
to this section, shall be submitted for review and confirmation by the Johnston
Town Council at the next regular meeting following the decision of the Building
Official. The Building Official will notify abutting residential property
owners of any and all waiver requests when they are submitted to the Town
Council, and the Town Council will make the final decision on granting or
denying the waiver request.
M.
The use of all dumpsters is subject to all existing municipal
ordinances regarding hours of operation for businesses and the use, and/or
emptying of any dumpster governed by this section shall be considered a business
activity which is subject to the restrictions set for business operation and
activity within the Town of Johnston. If a dumpster abuts residential uses,
hours of operation shall be restricted; no activity shall be allowed between
the hours of 10:00 p.m. and 7:00 a.m.
N.
Anyone seeking to have a permanent dumpster placed on
their property shall first receive a permit from the Building Official, who
will inspect the dumpster and location for compliance as set forth in this
section. Once the location of the dumpster has been established, under no
circumstances can it be changed without first obtaining approval of the Building
Official.
O.
Said section shall become effective upon the date of
its passage, and any/all ordinances, or provisions therein, inconsistent with
the same are hereby repealed.
