Legal Notice

Posted

LEGAL NOTICE

CITY OF WARWICK

ORDINANCE NO. 0-14-20

APPROVED SCOTT AVEDISIAN

December 16, 2014, MAYOR

CHAPTER 40

MISCELLANEOUS PROVISIONS AND OFFENSES

Be it ordained by the City of Warwick:

Section I. Chapter 40 of the Code of Ordinances of the City of Warwick is hereby amended to add the following:

Sec. 40-32 Littering.

No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property or private property not owned by him or her located in the City of Warwick (“City”) or in the waters of this state or upon private property in this City owned by him or her except:

(1) When the property is designated by the state, any of its agencies or the City for the disposal of solid waste or litter, and the person is authorized to use the property for that purpose; or

(2) Into a litter receptacle in a manner that the litter will be prevented from being carried away by the elements.

For the purpose of this ordinance provision, the term “Litter” means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by the person, or in or on waters of the state, unless the person has:

(i) Been directed to do so by a public official as part of a litter collection drive;

(ii) Discarded, thrown, dropped, placed, or discarded the material in a litter receptacle in a manner that prevented the material from being carried away by the elements; or

(iii) Been issued a license or permit covering the material pursuant to Chapters 18.9 and 19.1 of Title 23 of the General Laws.

Any person convicted of a first violation of this ordinance provision shall, except where a penalty is specifically set forth, be subject to a fine of not less than eighty-five dollars ($85.00) nor more than five hundred dollars ($500). In addition to or in lieu of the fine imposed hereunder, the person so convicted may be ordered to pick up litter for not less than two (2), nor more than twenty-five (25) hours.

(b) Any person convicted of a second or subsequent violation of this ordinance provision shall, except where a penalty is specifically set forth, be subject to a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500). In addition to or in lieu of the fine imposed upon a second or subsequent violation of this ordinance provision, the person so convicted may be ordered to pick up litter for not less than four (4), nor more than fifty (50) hours.

(c) Jurisdiction to punish violators of the provisions of this ordinance provision is conferred on the Warwick Municipal Court.

(d) Any person convicted of a violation of this ordinance provision shall, in addition to all other penalties, be liable for the removal or cost of removal of all litter illegally disposed of by that person.

(e) The funds received by the Warwick Municipal Court or City official for violations of this ordinance provision shall be deposited as general revenues in the Warwick Municipal budget.

Section II. This Ordinance shall take effect upon passage and publication as prescribed by law.

SPONSORED BY:

COUNCIL PRESIDENT TRAVIS

And COUNCILMAN COLANTUONO

On Behalf of MAYOR AVEDISIAN

COMMITTEE: ORDINANCE

12/18/14

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