ARTICLE I
In General

§ 6-1. Open wells, cisterns, cesspools or excavations — Prohibited. [Rev. Ords. 1989, § 6-1]

Open, abandoned or inadequately covered and maintained wells, cisterns, cesspools, sewers, septic tanks, excavations, pools, or open ditches in which water accumulates, or may accumulate, shall be deemed to be dangerous and unsafe; and upon such determination by the appropriate officer, the owner, lessee or occupant shall be so notified and be subject to all penalties in accordance with this Revision.

§ 6-2. Same — Protection of public safety; filling or covering. [Rev. Ords. 1989, § 6-2]

(a)          Any well, cistern or cesspool found to be inadequately covered and maintained and/or abandoned and any open ditch, trench or excavation inadequately enclosed or barricaded to prevent accidental entry thereinto by persons or animals shall be deemed dangerous to public health and safety.

(b)         All wells, cisterns and cesspools within the town shall be constructed, covered and maintained in accordance with the health practices approved by the health officer of the town. All open ditches, trenches and excavations shall be so constructed, maintained and protected as not to constitute a threat to the health and safety of persons or animals.

(c)          Whenever in the opinion of the health officer or the chief of police the use or condition of any well, cistern, cesspool, ditch, trench or excavation constitutes a menace to life and endangers the public health and welfare, the use and maintenance thereof shall be discontinued and such well, cistern, cesspool, ditch, trench or excavation shall be filled with sand, gravel or other suitable solid material or shall have placed thereon a suitable stone, concrete or iron cover.

(d)         All unused or abandoned wells, cisterns, cesspools, ditches, trenches or excavations shall be filled with sand, gravel or other suitable solid material to ground level, covered and made inaccessible.

(e)          The owner, occupant or lessee of the land upon which the well, cistern, cesspool, ditch, trench or excavation is situated shall be liable to the penalties and entitled to right of notice and hearing as provided in sections 6-20 through 6-23

§ 6-3. through § 6-15. (Reserved)

ARTICLE II
Nuisances

State law reference — Littering, G.L. 1956, § 37-15-5; nuisances, authority, G.L. 1956,

§ 23-19.2-1 et seq.; nuisance abatement, G.L. 1956, § 11-30-1 et seq., G.L. 1956, § 23-79.2-4 et seq., G.L. 1956, § 34-44-1 et seq.

§ 6-16. Littering. [Rev. Ords. 1989, §§ 6-16, 9-17; Ord. No. 2015-01, January 5, 2015,

§ 6-16]

(a)          It shall be unlawful for any person to deposit or discard or cause to be deposited or discarded or carelessly transport any garbage, refuse, waste or rubbish of any name or nature on or along any highway or public roadway, and by public land, any beach or any part of the shoreline except in appropriate closed containers or covered vehicles or in such manner as to prevent the contents from blowing or falling on or about the highway.

(b)         It shall be unlawful for any person to throw, deposit, place, cast, scatter or leave any litter, including cigarette and cigar butts, in, about, or upon any public property or public waters in the town, except in authorized public receptacles for collection.

(c)          It shall be unlawful for any person to throw, deposit, place or leave any household or commercial garbage or refuse in any public receptacle.

§ 6-17. Offensive drains, sewers or accumulations of waste. [Rev. Ords. 1989, § 6-17]

Whenever a complaint in writing is made to the health officer by any person aggrieved that any privy vault, drain, sewer, sink or sink gutter or any dirt, filth, offal, or animal  or vegetable matter, situated on the premises owned or occupied by any person, is calculated to injure the health or by reason of noxious air annoys the neighborhood, such health officer shall ascertain by personal examination that such complaint is well founded; and in all other cases, without such complaint, when from the health officer's own observation or inspection, it shall be manifest that any such nuisance exists, it shall be the duty of such health officer to cause the owner or occupant of such premises to be notified in writing of the existence of such nuisance or annoyance. He shall be directed forthwith to abate the nuisance. If such nuisance or annoyance shall not be abated by such owner or occupant within 48 hours after such notice shall be received, the health officer, provided such nuisance or annoyance can be abated for a sum not exceeding $10, shall be authorized to cause it to be abated or removed at the expense of the owner or occupant.

§ 6-18. Deteriorated buildings, junk and dense growth — Declaration of nuisance. [Rev. Ords. 1989, § 6-18]

The allowing of any building, sign, structure or any part thereof, through abandonment, lack of use or proper maintenance and repair, to deteriorate or become uninhabitable and unusable and the allowing of debris, rubbish, trash, junked automobiles, tin cans, papers, filth, and stagnant water to accumulate or a dense growth of trees, vines, weeds, hedges, grass and other underbrush to develop on any land, tract or parcel of land within the town to such an extent that it constitutes a menace to life, property, the public health, the public welfare or creates a fire hazard is hereby prohibited and declared to be a public nuisance.

§ 6-19. Same — Prohibited conditions. [Rev. Ords. 1989, § 6-19]

It is unlawful for any owner, lessee or occupant of any building, sign, structure, tract or parcel of land in the town to permit any building, sign or structure to deteriorate through lack of occupation, use, maintenance and repair or to allow any debris, rubbish, trash, junked automobiles, tin cans, papers, filth and stagnant water and/or a dense growth of trees, vines, weeds, hedges, grass and other underbrush to develop thereon to such an extent that it constitutes a menace to life, property, public health, or the public welfare or creates a fire hazard.

§ 6-20. Same — Notice to owner or occupant. [Rev. Ords. 1989, § 6-20]

If the building official, the health officer, the director of public welfare or such other officer appointed by the town council to serve in a similar capacity finds that the buildings, signs, structures or parts thereof have deteriorated through lack of use, vandalism or failure on the part of the owner or lessee to occupy and/or properly maintain and repair or that debris, rubbish, trash, junked automobiles, tin cans, papers, filth and stagnant water has accumulated or a dense growth of trees, vines, weeds, hedges, grass, and other underbrush has developed on any lot, tract or parcel of land within the town to such an extent that it constitutes a menace to life, property, the public health or the public welfare or creates a fire hazard, he shall cause the town clerk to issue a notice to the record owner or lessee of such property. The notice shall state the condition complained of and a demand that such owner or lessee cause such condition to be remedied within a reasonable time. The notice shall be served by any sheriff, deputy sheriff, chief of police, constable, police constable or town sergeant by reading the same in the presence and hearing to the owner, lessee, occupant or his authorized agent or by leaving a copy of the order personally with or at the last and usual place of abode of the owner, lessee, occupant or agent, if within this state. If the premises are unoccupied or the residence of the owner, lessee or agent is unknown or without the state, the notice may be served by posting a certified copy of the same on the premises and by mailing by certified or registered mail a certified copy of the notice to the person or corporation to  whom  the premises were taxed by the most recent tax assessment rolls and to the address appearing on the tax rolls.

§ 6-21. Same — Owner's or occupant's right to hearing. [Rev. Ords. 1989, § 6-21]

Within 20 days after the service of the notice as prescribed in § 6-20, the owner or lessee of the  property  shall  have  the  right  to  have  a  hearing  before  the  council  to  show  that  the condition does not exist or does not constitute a menace to life, property, the public health and the public welfare, or create a fire hazard, or why the condition should not be remedied by the town at the expense of the owner of the property. At the hearing, the town and the property owner may introduce such witnesses and evidence as deemed necessary by  the council in hearing the matter.

§ 6-22. Same — Council may remedy condition after hearing; payment of expenses. [Rev. Ords. 1989, § 6-22]

If the condition described in the notice has not been remedied within 20 days after service of the notice and a hearing is held by the town council, after notice to the property owner of the decision of the town council, the town council may cause the condition to be remedied at the expense of the owner or lessee of the property. All expenses incurred in remedying the condition shall constitute a lien upon the premises and shall be paid by the owner, lessee, occupant or person who caused or permitted the same to exist. If the expense is not paid within a reasonable time, the costs may be recovered in an action brought in the name of the town. Notice of such action by the town shall be recorded in the land records for the town.

§ 6-23. Same — Hearing on payment of expenses. [Rev. Ords. 1989, § 6-23]

Any property owner, or lessee, shall have a right to have a hearing before the town council to show cause, if any, why the expenses and charges should not be collected against him. The finding by the officer that the condition described in § 6-19 exists shall be final. The finding of the council with reference to the property shall be final and conclusive.

§ 6-24. through § 6-40. (Reserved)

ARTICLE III
Transfer Station and Recycling Center

§ 6-41. Site established. [Rev. Ords. 1989, § 6-41]

The parcel of real estate or any portion thereof owned by the town on West Beach Road shall be used as the town transfer station and recycling center. The town council may from time to time designate any portion within the aforementioned real estate as the transfer station and recycling center. The remainder of such real estate may be used by the town for any other lawful purpose.

§ 6-42. Operation. [Rev. Ords. 1989, § 6-42]

(a)          The transfer station and recycling center shall be open for the collecting, depositing and dumping of trash, garbage, rubbish and all other forms of debris on days and all hours specified by the town council.

(b)         All persons delivering any trash, garbage, rubbish or any other form of debris shall deliver  and  deposit  it  at  the  transfer  station  and  recycling  center  and  in  the  area designated by the attendant during the hours specified by the town council and at no other time or place.

§ 6-43. Unlawful deposit of waste. [Rev. Ords. 1989, § 6-43]

(a)          It is unlawful for any person to dump or deposit any trash, garbage, rubbish or other form of debris at the transfer station and recycling center except as provided in the operating plan established by the town and approved by the state department of environmental management.

(b)         For the purpose of this section, each act of dumping or depositing shall constitute a separate offense for which a violation may be issued.

§ 6-44. Fees. [Rev. Ords. 1989, § 6-44]

The fees for the use of the transfer station and recycling center shall be on file in the town clerk's office.

§ 6-45. through § 6-49 (Reserved)

ARTICLE IV
Plastic Bags

[Adopted 11-15-2017 by Ord. No. 2017-02]

§ 6-50. Findings.

(a)          The production, use and disposal of single use plastic carryout bags, which are commonly not recycled, has been shown to have significant detrimental impacts on the environment, including but not limited to contributing to the pollution of the terrestrial, near shore marine, and coastal environment, clogging of storm water drainage systems and injury and death of terrestrial and marine life through ingestion and entanglement.

(b)         The manufacture, transport and recycling of single use plastic carryout bags requires substantial energy consumption and contributes to greenhouse gases, one of the major causes of climate change.

(c)          Single use plastic carryout bags create a burden to solid waste recycling facilities.

(d)         Prohibiting the use of single use plastic carryout bags is necessary to protect the environment of Block Island and the public health, safety and welfare of all residents and visitors.

(e)          Plastic was the number one trash found on Block Island beaches as determined by The Ocean Conservancy's Marine Debris Monitoring Study (1992-2007).

(f)          Plastics pollution puts at risk the health of the local economy of Block Island, as it is fundamentally dependent upon the health and beauty of the island's natural resources.

(g)         Similar ordinances have been passed in the City of Newport, Town of Middletown, Town of Barrington and throughout the United States.

§ 6-51. Purpose.

The purpose of this ordinance is to protect the wildlife and coastal ecosystems of Block Island, the enjoyment of nature, and the health, safety, and welfare of Block Island's residents and visitors by: encouraging the use of reusable carryout bags, banning the use of single use plastic carryout bags for retail checkout of goods, and reducing the number of single use carryout bags that enter our environment.

§ 6-52. Definitions.

As used in this article, the following terms shall have the meanings indicated:

BUSINESS ESTABLISHMENT — Any commercial enterprise, including sole proprietorship, joint ventures, partnerships, corporations, or any other legal entity, and includes all employees of the business and any independent contractors associated with the business. For the purposes of this article, business establishment shall also include farmers markets. Business establishment does not include sales of goods at yard sales, tag sales, or other sales by residents at their homes.

CARRYOUT BAG — A bag used by the customer at the point of sale for the purpose of removing products purchased from retail establishment. "Carryout bag" does not include plastic barrier bags, double-opening plastic bags, or plastic bags measuring larger than 28 inches by 36 inches.

DOUBLE-OPENING PLASTIC BAG — Any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.

PAPER BAG — A paper bag that is fully recyclable overall and contains a minimum of 40% post-consumer recycled content and contains no old growth fiber.

PLASTIC BAG — A bag where any portion of the bag is made of plastic, including but not limited to those called "biodegradable, "compostable" or "oxo-biodegradable."

PLASTIC BARRIER BAG — Any thin plastic bag with a single opening used to: (1) Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale; (2) Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not; (3) Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or (4) Contain unwrapped prepared foods or bakery goods.

RECYCLABLE PLASTIC — Plastic that meets the current Rhode Island Resource Recovery Corporation's standards.

REUSABLE CARRYOUT BAG — A bag that is specifically designed and manufactured for multiple reuse. The bag must be made of washable cloth, other durable woven or nonwoven fabric, or durable plastic film that is recyclable plastic with a minimum thickness of four mils.

§ 6-53. Regulations.

(a)          No business establishment shall make available any plastic carryout bags, either complimentary or for a fee, for any sales transaction or other use to members of the public.

(b)         Nothing in this section shall preclude business establishments from making reusable bags or paper bags available to customers, by sale or otherwise.

§ 6-54. Penalties. [Amended 7-1-2019 by Ord. No. 2019-05]

Any person who violates this article will be subject to a fine of up to $50 for each violation payable to the Town of New Shoreham.

§ 6-55. Implementation.

This article shall take effect on January 1, 2018.

§ 6-56. through § 6-59. (Reserved)

ARTICLE V
Prohibition on Sale and Use of Balloons

[Adopted 4-2-2018 by Ord. No. 2018-14]

§ 6-60. Purpose.

The purpose of this article is to protect the wildlife and coastal ecosystems of Block Island, the enjoyment of nature, and the health, safety, and welfare of Block Island's residents and visitors by banning the use of balloons as it has been determined that balloons pose a risk and nuisance to the environment, particularly to wildlife and marine animals, so as to constitute a public nuisance.

§ 6-61. Definitions.

As used in this article, the following terms shall have the meanings indicated:

BALLOON — A flexible nonporous bag made from materials such as rubber, latex, polychloroprene or nylon fabric that can be inflated or filled with fluid, such as helium, hydrogen, nitrous oxide, oxygen, air or water and then sealed at the neck, usually used as a toy or decoration.

§ 6-62. Regulations.

It shall be unlawful for any person to sell, use or distribute any type of balloon (including, and not limited to, latex, mylar balloons, or water balloons). No person shall dispose of any balloon in any manner, including by release into the air, other than being contained in a trash bag and transported to the Transfer Station.

§ 6-63. Penalty. [Added 7-1-2019 by Ord. No. 2019-04]

Any person who violates this ordinance will be subject to a fine of up to $50 for each violation payable to the Town of New Shoreham.