[HISTORY: Adopted by the Town Council of
the Town of Lincoln as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Hazardous substances — See Ch. 140.
Littering — See Ch. 164.
Property maintenance — See Ch. 202.
Abandoned vehicles — See Ch. 237.
STATE LAW REFERENCES
Refuse disposal — See R.I.G.L.
§ 23-18.9-1 et seq.
[Adopted as §§ 9-1-1 through
9-1-6 of the 1972 Code (Ch. 7, Art. I, of the 1990 Code of Ordinances)]
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
All vegetable, animal, fish, fowl or fruit matter resulting
from the use or storage of food for human consumption.
All combustible material, including newsprint, magazines,
cardboard boxes, cartons, rags and cast-off clothing.
All noncombustible waste, including fuel residue, tin cans,
bottles or metal and all other refuse not already defined as garbage
or paper, but excluding liquids.
The Director of Public Works shall have the
charge, care and management of the personnel and equipment engaged
in, and the administration of, the program for collection of all garbage
and refuse in the Town.
The Director of Public Works shall make rules
and regulations concerning the types of containers, further classification
of paper and rubbish, separation of paper and rubbish according to
class, in order to promote the safe and convenient handling of paper
and rubbish and to promote the orderly appearance of the Town when
paper and rubbish are on the sidewalk awaiting collection.
The Director of Public Works shall divide the
Town into districts for the collection of paper and rubbish and shall
establish routes, days and times for the collection in each such district.
The Director of Public Works shall provide reasonable notification
of the day and time of collection for the householders in each district
by advertisement in a local newspaper and by any other method, if
any, which he may consider advisable.
[Added 6-20-1989 by Ord. No. 89-10]
Nonrecyclable waste shall conform to the following
regulations:
A.
All garbage must be wrapped in paper or placed in
tied plastic bags.
B.
Trash containers must not exceed a capacity of 30
gallons and must have handles sufficient for lifting.
C.
Refuse which contains construction waste or sand,
dirt, rocks, bricks, shingles, etc., will not be collected.
D.
Refuse which is likely to cause fire will not be collected.
E.
Broken glass will not be accepted unless it is in
rubbish barrels.
F.
Ashes and sawdust must be placed in a disposable container.
G.
Animal and human waste will not be collected.
H.
A maximum of 12 bags or containers, exclusive of recyclable
materials, per household per week will be collected.
I.
Any additional rules as determined and published by
the Director.
Householders who desire their paper and rubbish
to be collected by the Department of Public Works shall place such
paper and rubbish in containers on the sidewalk, without obstructing
passage along the sidewalk, on the day appointed by the Director of
Public Works for collection of such paper and rubbish on the street
on which the household resides and before the hour appointed for the
beginning of collections by the Department of Public Works.
[Added 6-20-1989 by Ord. No. 89-10]
A.
The Town is required by law to limit the refuse which
is collected by the community and may result in the levy of additional
costs or fees for refuse which exceeds our community weight disposal
cap.
B.
Should any household by request exceed the limit of
12 bags or containers, the Director may assess an appropriate fee
for extra services required.
C.
Residents may purchase stickers at the Town Hall which
can be applied to a disposal bag or item for pickup beyond the limit
of 12 containers or bags. The sticker shall be available at a cost
of $1 per bag or container. Any bags beyond the limit which do not
have stickers will not be collected.
[Added 6-12-1974]
From the time of placement by any resident of used and/or old newspaper or other material for collection by the Department of Public Works pursuant to the regulations set forth by the director of the Department of Public Works, such materials shall become and be the property of the Town. It shall be a violation of this article for any person other than the authorized representatives of the Department or authorized nonprofit organizations for a period 24 hours thereafter to collect, pick up, disturb or cause to be collected or picked up such materials. Any and each such collection or act in violation hereof from one or more residences during such period shall constitute a separate and distinct offense punishable in accordance with Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Town of Lincoln.
[Added 6-12-1974]
Nothing in this article shall prohibit the Department
of Public Works from cooperating with any nonprofit organization holding
a charter showing such status issued by the Office of the Secretary
of State in such organizations' efforts to raise money by the collection
of paper, metal, glass or other materials. Such organizations, if
they intend to use the public sidewalks or rights-of-way for the deposit
of such material, shall first obtain a permit from the Director of
Public Works stating the date and area of such collection. The Director
shall not refuse such permission unless there be substantial doubt
of the organization's nonprofit status or if there be substantial
doubt that the collection will result in the placement of debris,
rubbish, garbage or other noxious materials on the public ways and
if there be substantial doubt that such materials will not be removed
by the permittee.
Whenever there has been failure to comply with
the provisions of this article or with the provisions of the rules
and regulations to be established hereunder, the Department of Public
Works may refuse the collection of any paper or rubbish from the householder
wherever such failure has occurred on a regular collection day. Any
householder, the collection of whose paper and rubbish has been refused
as provided by this section, shall cause the paper and rubbish to
be removed forthwith at his own cost and expense.
[Adopted 3-20-2001 by Ord. No. 01-1[1] (Ch. 7, Art. II, of the 1990 Code of Ordinances)]
[1]
Editor's Note: Article 3 of this ordinance
provided that it shall be implemented upon acceptance of the Town
of Lincoln into the State of Rhode Island Recycling Program.
As used in this article, the following terms
will be defined as follows:
The process by which the Town of Lincoln plans for and carries
out the separation, weighing, collection, hauling, and disposal of
solid waste generated within the Town.
An item of solid waste larger than two feet by two feet by
four feet or heavier than 50 pounds.
Any waste as defined in the Rhode Island Hazardous Waste
Management Act, R.I.G.L. § 23-19.1-4, in regulations adopted
thereto, and as they may be amended.
Hazardous municipal solid waste.
A recycling program for municipal solid waste as set forth
in a local recycling plan approved by the state pursuant to the Municipal
Recycling Regulations, as amended.
Recyclable materials which are required to be removed from
municipal solid waste at the source and placed in or on top of the
set-out container provided by the state for transport to the nearest
materials recovery facility for recycling.
Solid waste generated by the residents of the Town of Lincoln
in the course of their daily living. “Municipal solid waste”
does not include solid waste generated by residents in the course
of their employment or that generated by any construction, manufacturing,
or commercial enterprise.
Materials separated from municipal solid waste for refuse
as specified by the Director of DEM and listed in Section 4 of Municipal
Recycling Regulations and within this article. The materials to be
included may change from time to time depending upon new technologies,
economic conditions, waste stream characteristics, environmental effects
or mutual agreement between the state and the Town of Lincoln.
Anyone residing in the Town of Lincoln for any period of
time who generates solid waste for which the Town accepts responsibility
for disposal.
Garbage, refuse and other discarded solid materials generated
by residential, institution, commercial, industrial and agricultural
sources but not including solids or dissolved material in domestic
sewage or sewage sludge, nor hazardous waste as defined in the Hazardous
Waste Management Act, Chapter 19.1 of the General Laws.
The removal by the generator of recyclable materials including
mixed recyclables from all other solid waste generated by the household,
and conveyance of the recyclables to the curbside or other designated
location for transfer by the Town.
A facility operated by or for the Town, which purpose is
for the temporary storage and accumulation of solid waste prior to
its transport to and disposal at the corporation landfill or resource
recovery facility.
Major kitchen or laundry appliances, regardless of color,
including but not limited to stoves, washers, refrigerators, and dryers.
Nothing in this definition shall waive compliance with the Rules and
Regulations for Generation, Transportation, Storage, and Disposal
of Hazardous Waste.
There is hereby established a program for the
mandatory separation of certain recyclable materials from municipal
solid waste by the residents of the Town of Lincoln and the collection
of segregated municipal solid waste at the resident's curbside, or
at other specified locations. The collection of separated recyclables
shall be made periodically under the supervision of the Director of
Public Works.
A position shall be created within the Department
of Public Works for a Recycling Coordinator. Compensation for the
position of Recycling Coordinator shall be established by ordinance.
The Recycling Coordinator shall report to the Director of Public Works
and shall assume responsibilities for the effective community-wide
participation in recycling selected solid waste consistent with the
terms of this article.
A.
The Director of Public Works shall oversee the implementation
of this article.
B.
The Director of Public Works shall oversee the implementation
of the terms of this article with the assistance of the Department
of Public Works and the Recycling Coordinator. The Lincoln School
Department shall assist the Director of Public Works in encouraging
and assisting public education concerning municipal recycling.
[Amended 6-21-2016 by Ord. No. 2016-2]
The Town shall provide for the collection of
mixed recyclable from residents in dwellings of up to and including
four units. Mixed recyclables shall be placed at the curbside in designated
containers. For the purposes of this regulation, mixed recyclables
to be collected are:
A.
Mixed recyclables: aluminum and steel/tin cans; aluminum
foil and scrap (e.g., pie plates); metal lids; empty steel aerosol
cans; empty paint cans (dried); glass bottles and jars (clear, brown,
green); No. 1 PETE plastic containers; No. 2 HDPE plastic bottles
and jugs; paper milk cartons and juice boxes; and
B.
Paper recyclables: mail; magazines and catalogs; writing
paper, corrugated cardboard (e.g., cereal boxes); newspaper; brown
(Kraft) paper bags; telephone directories; and
C.
Textiles: old clothing and shoes. NOTE: Blue clothing
recycling bins are located at the Lincoln Highway Garage on 94 Old
River Road.
The Director of Public Works shall provide for
mandatory recycling of white goods. The pickup of white goods shall
be scheduled by residents with the Department of Public Works and
shall be picked up by special appointment. All doors must be removed
from refrigerators, freezers, stoves, washers and dryers prior to
being placed at curbside.
The Director of Public Works or his or her designee
shall prominently publish the initial schedule for said collection
and shall publish a new schedule thereafter whenever there is a change
in either materials to be collected, collection procedures, or schedules.
[Amended 6-21-2016 by Ord. No. 2016-2]
Recyclable materials shall be deposited at the
curb in special recycling containers provided by the Town to the residents.
These containers shall be the property of the Town of Lincoln and
shall initially be provided free of charge and thereafter for a fee
as determined by the Director for replacements. Only recyclable materials
placed in the special recycling container shall be collected.
The Town shall require the separation of recyclables
as a condition of licensing or authorizing public events at which
significant solid waste may be generated. The Town shall dispose of
the recyclables separated in accordance with the terms of this article.
Businesses, apartments and condominiums shall
be subject to all state and federal recycling regulations.
For apartments and condominiums in excess of
four units, as may be allowed by the Department of Environmental Management
and the Solid Waste Management Corporation, the Director of Public
Works shall have the authority to allow apartments and condominiums
to participate in the solid waste disposal and recycling effort within
the Town of Lincoln. Regulations approved by the Director may allow
for the inclusion of these wastes within the municipal cap as determined
by the Solid Waste Management Corporation and shall mandate a supervised
recycling program in accordance with the requirements of the state.
Such regulations may allow for community collection of solid waste
with existing equipment and personnel, as may be determined by the
Director.
The Department of Public Works shall maintain
a facility receptacle at the Highway Garage, or other location as
determined, for the receipt of used motor oil. Said facility/receptacle
shall be open to the residents of the Town between the hours of 7:00
a.m. and 3:30 p.m. during the schedule workdays. Each resident shall
sign a register to be maintained at the Highway Garage indicating
their name, address, and the quantity of oil deposited. No commercial
deposits will be accepted for used motor oil.
The Town of Lincoln encourages the use of home
composting sites for the disposal of leaves. Should home composting
be unavailable, leaf pickup can be scheduled with the Department of
Public Works. Leaves for municipal pickup shall be bagged (in biodegradable
paper bags only) and separated from other solid waste and set at the
curb for collection. Said collection will be accomplished separately
by the Department of Public Works as soon as possible, without interference
with normal solid waste collection.
All residents, taxpayers and others doing business
in the Town of Lincoln shall separate recyclables from the nonrecyclables
portion of their solid waste and shall prepare them for recycling
in accordance with regulations or specifications as determined by
the Municipal Recycling Facility and published by the Town.
Residents may give recyclables to individuals
or duly licensed private and nonprofit organizations. Such collections
shall be arranged and reported in a manner specified by the Director
of Public Works in compliance with DEM reporting requirements.
A.
Initial violations for failure to separate recyclable
and non-recyclable materials or for leaving recyclables prepared in
a manner inconsistent with the Town's rules for preparation shall
result in the issuance of a notice which shall be attached to the
container advising the residents of their duties under the law. A
copy of said notice shall be kept by the Director of Public Works.
Collectors shall, despite initial notices and violations, pick up
the solid waste unless otherwise directed by the Public Works Director.
B.
Collectors shall advise the Director of Public Works of those residents who consistently refuse to prepare recyclable materials in a manner consistent with this article or the Town's rules for preparation. The Recycling Coordinator, with the approval of the Director of Public Works, shall notify violating residents by written mailed notice advising of their duty under the law and warning that further violations may result in fines or the issuance of a summons as stated in Subsection D.
C.
The Director shall allow violators a hearing upon
written request filed within 10 days of the mailing of the written
notice stated above. For good cause shown (including but not limited
to pertinent, physical handicap), the Director or his designee may
grant appropriate relief from the provision of this section.
D.
After written notification from the Director of Public
Works has been issued, said residents who violate the terms of this
article shall be issued a summons to appear in Municipal Court for
violation and may be fined up to $200 per violation for noncompliance.
[Amended 5-16-2023 by Ord. No. 2023-3]
Once municipal solid waste has been deposited
in the designated place and at the designated time, be it curbside
or other as designated by the Director, said solid waste becomes the
property of the Town of Lincoln. No person engaged in the business
of separation, recovery, collection, removal, storage, or disposition
of solid waste shall pick up or procure any recyclable materials as
defined under this article, except as specifically authorized by the
Director of Public Works. This restriction shall also include any
resident, business, or other person who might engage in such practice
for personal gain. Violators of the terms of this section shall be
subject to District Court summons and may be fined up to $200 per
violation. This section shall not impose responsibility or obligation
on the part of the Town of Lincoln to pick up, collect or dispose
of materials which are deposited at the curb in any manner not conforming
to this article.
The Director of Public Works may issue permits
to private parties or charitable organizations to collect recyclable
materials on the condition that a report is filed by said party or
organization detailing the amount of each material collected, in compliance
with DEM reporting requirements and provided that the Director of
Public Works determines that said collection does not defeat the purposes
of the Town's Recycling Program.
Residents participating in the Town-wide solid
waste recycling and disposal program shall schedule the removal of
bulk items separately with the Department of Public Works. Bulk item
collection will be limited to items having a maximum weight of 200
pounds per item and/or 300 pounds per lot. The collection of bulk
items which measure greater than four feet in length may be refused.
A residential household will be limited to no more than two bulk pickups
per year.
Nonrecyclable waste collection shall conform
to the following regulations:
A.
All garbage must be wrapped in paper or placed in
tied plastic bags.
B.
Trash container(s) must not exceed 30 gallons' capacity
and must have handles sufficient for lifting,
C.
Refuse which contains construction waste and/or sand,
dirt, rocks, bricks, shingles, etc., will not be collected.
D.
Refuse which is likely to cause fire will not be collected.
E.
Broken glass will not be accepted unless it is in
rubbish barrels.
F.
Ashes and sawdust must be placed in a disposable container.
G.
Animal and human waste will not be collected.
H.
A maximum of 12 bags or containers, exclusive of recyclable
materials, per household per will be collected.
I.
Any additional rules as determined and published by
the Director.
[Amended 4-20-2010 by Ord. No. 2010-5; 12-20-2022 by Ord. No. 2022-8]
A.
As published by the Director of Public Works, curbside refuse collection
shall be accomplished weekly. For the designated day of collection,
refuse must be placed at the curbside no later than 7:00 a.m. and
no earlier than 24 hours in advance on the assigned day unless there
is a delay of services. All reusable containers shall be removed from
the curb or sidewalk no longer than 24 hours after collection. The
property owner is responsible to ensure that any garbage left behind
must be cleared to ensure safety and cleanliness of the area. Not
adhering to the above guidelines will be considered a violation.
B.
All dumpsters, whether at commercial establishments or otherwise,
shall be serviced only between the hours of 7:00 a.m. and 7:00 p.m.
Anyone in violation of this subsection shall be subject to a fine
of up to $100 for each day in violation. Second and subsequent violations
may be subject to a fine of up to $300.
C.
A first violation shall be subject to a fine of $50 to the property owner for each offense; each and every violation and nonconformance, or each day that any provision shall have been violated, shall be construed as a separate and distinct violation thereof. Subsequent violations would be subject to a $50 incremental increase per violation within a calendar year. All such fines shall inure to the benefit of the Town. In an occurrence where there is a complaint of debris overflowing beyond the container limits, or debris is uncontained and left on the ground, a representative of the Town will contact the property owner and afford the property owner 24 hours to bring the property in compliance. If the debris is not addressed properly within 24 hours, or the debris is considered a significant safety and health nuisance, the Town may dispose of the debris at the property owner's expense. The property owner will be sent a Municipal Court summons with fines and penalties to be aligned to the Town of Lincoln's Littering Ordinance. Refer to § 164-5, Violations and penalties.
A.
The Town of Lincoln is required by law to limit the
refuse which is collected by the community and may result in the levy
of additional costs or fees for refuse which exceeds our community
weight disposal cap.
B.
Should any household by request exceed the twelve-bag/container
limit, the Director may assess an appropriate fee for extra services
required.
C.
Residents may purchase stickers at the Town Hall which
can be applied to a disposal bag or item for pickup beyond the twelve-container
limit. Said sticker shall be available at a cost of $1 per bag/container.
D.
Any bags beyond the limit which do not have stickers
will not be collected.
