TITLE 8 HEALTH AND SAFETY

 

8.06                 Stormwater system protection.

8.08                 Emergency management agency.

8.10                 Outdoor wood-fired hydronic heaters.

8.12                 Wood-waste burning.

8.14                 Noise pollution.

8.16                 Repealed.

8.18                 Recycling and solid waste disposal.

8.20                 Open fires.

 

 

Chapter 8.06  STORMWATER SYSTEM PROTECTION

 

8.06.010          Purpose.

8.06.020          Definitions.

8.06.030          Applicability.

8.06.040          Prohibited activities.

8.06.050          Suspension of connection to stormwater drainage system.

8.06.060          Maintenance of watercourses.

8.06.070          Notification of spills.

8.06.080          Enforcement.

8.06.090          Appeal.

 

8.06.010  Purpose.  The purpose of this Chapter is to protect the public health, safety and welfare by preventing contamination of the groundwater and surface water resources that provide the town’s water supply by regulating non-stormwater discharges to the stormwater drainage system to the maximum extent practicable. This Chapter is intended to establish methods for controlling introduction of pollutants into the public stormwater drainage system in order to comply with the requirements of the state pollutant discharge elimination system program. This Chapter is enacted pursuant to the authority granted in title 45, chapter 61 of the general laws.

(Ord. dated 12-1-09)

 

8.06.020  DefinitionsThe following words and phrases used in this Chapter shall have the  following meanings:                        

Director – The director of the Richmond department of public works.

Hazardous material – Any substance, waste, or combination thereof, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a danger to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illegal discharge – Any direct or indirect non-stormwater discharge to the stormwater drainage system.

Illegal connection – Either a) any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the stormwater drainage system, including but not limited to any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, or b) any drain or conveyance connection from a commercial or industrial use to the stormwater drainage system that has not been documented in plans, maps, or equivalent records and approved by the town or the department of environmental management.

Pollutant – A substance that causes or contributes to pollution, including but not limited to paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects; pesticides, herbicides, and fertilizers; hazardous materials and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; construction waste including building material, truck washout, chemicals, litter, and sanitary wastes; and noxious or offensive matter of any kind.

 

Stormwater drainage system – Town-owned facilities by which stormwater is collected or conveyed, including but not limited to swales or other drainage systems in street rights of way, gutters, inlets, piped storm drains, pumping facilities, retention and detention basins; natural and built or altered drainage channels; reservoirs; and other drainage structures.

Stormwater – Water resulting from precipitation.

Watercourse – Any river, stream, intermittent stream, or channel, whether natural or built, that flows long enough during the year to develop and maintain defined channels, and generally has flowing water at times other than those periods immediately following storm events.

(Ord. dated 12-1-09)

 

8.06.030  Applicability

A.  This Chapter shall apply to all substances entering the stormwater drainage system generated on any developed and undeveloped land except for water generated by the following substances or activities:

1.   Residential automobile washing; external building washing where no detergent is used; dust control; hydrant flushing or water line flushing; irrigation or lawn watering; diverted stream flows, rising groundwater, or ground water infiltration to storm drains; uncontaminated pumped groundwater; discharges from foundation or footing drains where flows are not contaminated with process materials or contact with soils where spills or leaks of toxic or hazardous materials have occurred; uncontaminated utility vault dewatering; air conditioning condensation; natural springs, riparian habitat or wetland flows; water from swimming pools containing less than one part per million of chlorine; water generated by firefighting activities, pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred and where detergents are not used; hydrostatic test water that does not contain any treatment chemicals and is not contaminated with process chemicals; and any other water source not containing pollutants or hazardous material.

2.   Discharges authorized in writing by the director of the department of public works as being necessary to protect public health and safety.

3.   Any non-stormwater discharge permitted under a national pollutant discharge elimination system permit or a state pollutant discharge elimination system permit, provided that the discharger is in full compliance with all requirements of the permit.

(Ord. dated 12-1-09)

 

8.06.040  Prohibited activities.  The following activities are prohibited:

A.  The commencement, conduct or continuance of any illegal discharge to the stormwater drainage system except those enumerated in section 8.06.030.

 

B.  The construction, use, maintenance or continued existence of any illegal connection to the stormwater drainage system, including illegal connections made in the past, regardless of whether the connection was permissible under law applicable at the time of connection.

(Ord. dated 12-1-09)

 

8.06.050  Suspension of connection to stormwater drainage system.  

A.  The director shall be authorized to suspend or terminate any connection to the town stormwater drainage system that is discharging into the system in violation of this Chapter. The director shall notify the violator and the property owner of the intention to suspend or terminate the connection, in writing, at least thirty (30) days before the suspension or termination takes place. The violator shall have the right to petition the director for reconsideration and to appeal the director’s decision to the town council.   

 

B.  The director shall be authorized to suspend, without prior notice, any connection to the town stormwater drainage system when the suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment or to the health, safety or welfare of any person. If the violator fails to comply with a suspension order

issued in an emergency, the town solicitor may commence an action in the superior court for injunctive relief to restrain or enjoin the violation.

(Ord. dated 12-1-09)

 

8.06.060  Maintenance of watercourses.  Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. dated 12-1-09)

 

8.06.070  Notification of spills.  Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials that are resulting or may result in illegal discharges or pollutants discharging into stormwater or the stormwater drainage system, that person shall notify the director as soon as practicable.

(Ord. dated 12-1-09)

 

8.06.080  Enforcement.

A.  If the director determines that:

1.   any person or entity has commenced, conducted or continued any illegal discharge to the stormwater drainage system except those enumerated in section 8.06.030, or

2.   any person or entity has constructed, used, maintained or continued any illegal connection to the stormwater drainage system, including illegal connections made in the past, regardless of whether the connection was permissible under law applicable at the time of connection, or

3.   the owner of any stormwater management structure, feature, or measure required by the town has failed to maintain it in good working order, or

4.   any person or entity has interfered with, damaged, or destroyed any stormwater management structure, feature, or measure owned by the town, or

5.   otherwise violated this Chapter, the director shall notify the person or entity of the violation in writing by regular mail and by certified mail, return receipt requested. The violation notice shall state the precise nature of the violation and the measures necessary to correct it, and shall state the number of days within which the violation must be corrected. The person or entity shall have at least twenty (20) days to correct a violation.

 

B.  If a person or entity has been notified of a violation and fails to correct it within the time required by the notice, the town may undertake one or more of the following enforcement actions:

1.   The town may repair, replace, construct, or cause to be constructed any stormwater management structure, feature, or measure, and may record a lien on the property in the land evidence records to ensure reimbursement to the town for the cost of the work.

3.   The town solicitor may commence an action in the district court to prosecute the ordinance violation. The penalty for violation of this Chapter shall be not more than $500 (five hundred dollars) for each offense. Each day of violation shall constitute a separate offense.

4.   The town solicitor may commence an action in the superior court for injunctive relief to restrain or enjoin a violation. Prosecution of an ordinance violation may be joined with an action seeking injunctive relief.

 

C.  The remedies provided in this Chapter are not exclusive of any other remedies available under any applicable federal, state or municipal statute, ordinance or regulation.

(Ord. dated 12-1-09)

 

8.06.090  Appeal.  The recipient of a violation notice may request reconsideration by the director of the violation notice. If the director does not withdraw or alter the violation notice as a result of the reconsideration, the recipient may file an appeal of the violation notice in the district court in the manner and according to the procedures provided by the state administrative procedures act.

(Ord. dated 12-1-09)

 

REFERENCES

Title 42, chapter 35, title 45, chapter 61 of the general laws.

 

 

Chapter 8.08  EMERGENCY MANAGEMENT AGENCY

 

8.08.010          Purpose.

8.08.020          Town council president – Authority to declare local disaster.

8.08.030          Director and deputies.

8.08.040          Duties of director.

8.08.050          Adoption of national incident management system.

8.08.060          Emergency preparedness training.

 

8.08.010  Purpose.

A.  Pursuant to title 30, chapter 15 of the general laws, there is hereby established a Richmond emergency management agency.

 

B.  The purpose of the agency is to plan and coordinate the town’s response to any occurrence or imminent threat of widespread or severe damage, injury, loss of property, or loss of life, whether caused by persons or resulting from acts of nature, including but not limited to fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, or an act of bioterrorism.

(Ord. dated 5-6-08)

 

8.08.020  Town council president – Authority to declare local disaster.

A.  The president of the town council shall be the official primarily responsible for carrying out the provisions of this ordinance and any applicable state or federal law or regulation.

 

B.  The town council president, or in his or her absence the vice president, shall have the sole authority to declare a local disaster emergency in order to activate the town’s plans for mitigation, response and recovery and in order to authorize the furnishing of aid and assistance under those plans. A declaration of local disaster shall be in effect for more than seven (7) days only with the approval of the town council. The town clerk shall keep a record of, and shall publicize, an order declaring, continuing, or terminating a local disaster emergency.

(Ord. dated 5-6-08)

 

8.08.030  Director and deputies.

A.  The town council shall appoint a director of the emergency management agency who shall be responsible for the preparation and maintenance of a comprehensive plan for emergency mitigation, preparedness, response, and recovery, and for coordination with the state and other municipalities.

 

B.  The director shall be appointed for a term of two (2) years to begin on the first day of February of each odd-numbered year. A director shall continue to serve until his or her successor is appointed. The town council shall have the authority to remove a director for good and sufficient cause after a public hearing. A director serving at the time of enactment of this ordinance shall continue in office until the first day of February of the next odd-numbered year.

 

C.  The town council shall have the authority to appoint one or more deputy directors to assist the director in carrying out his or her duties. Deputy directors shall serve at the pleasure of the town council.

(Ord. dated 5-6-08)

 

8.08.040  Duties of director.

A.  The director shall be responsible for development of a comprehensive plan for emergency preparation, mitigation, response and recovery for the town, consistent with applicable federal, state and local statutes and regulations, including but not limited to:

1.   Coordination of plans with the state and with other municipalities;

2.   Procurement of supplies and equipment and institution of training programs and public information programs, to the extent provided by the adopted budget of the town;

3.   Preparation and maintenance of a hazard risk and vulnerability assessment;

4.   Preparation and maintenance of an emergency operations plan;

5.   Preparation and maintenance of a list of disaster resources;

6.   Preparation of written mutual aid agreements to be approved by the town council, and maintenance of approved mutual aid agreements;

7.   Implementation of training programs for town officials and first responders;

8.   Development and implementation of a disaster exercise program;

 

B.  The director shall attend regional and statewide emergency management meetings as required, make disaster preparedness information available to town residents, prepare damage assessments and submit them to the Rhode Island emergency management agency, and prepare applications for disaster funds and grants to the federal emergency management agency pursuant to section 2.16.020 of this Code.

 

C.  The director shall prepare written plans and procedures for the establishment and operation of an emergency operations center. The plans and procedures shall be approved by resolution of the town council.

(Ord. dated 5-6-08)

 

8.08.050  Adoption of national incident management system. 

A.  The national incident management system, and any standards, guidelines, and compliance protocols adopted by the federal emergency management agency to implement the national incident management system, shall be used in the preparation and execution of all disaster emergency plans developed pursuant to this Chapter.

(Ord. dated 5-6-08)

 

8.08.060  Emergency preparedness training.

A.  The director and deputy director(s) of the Richmond emergency management agency shall undergo the training recommended by the Rhode Island emergency management agency and the federal emergency management agency.

 

B.  The town council president and vice president shall take basic incident command and incident management courses recommended by the federal emergency management agency for municipal officials.

(Ord. dated 5-6-08)

 

REFERENCES

Title 30, chapter 15 of the general laws.

 

 

Chapter 8.10  OUTDOOR WOOD-FIRED HYDRONIC HEATERS

 

8.10.010          Purpose.

8.10.020          Definitions.

8.10.030          Location.

8.10.040          Existing units.

8.10.050          Fuel.

8.10.060          Enforcement.

                                               

8.10.010  Purpose.  The Town Council finds that outdoor wood-fired hydronic heaters, also known as outdoor wood-burning boilers or outdoor wood boilers, are a recognized source of air pollution. Unregulated emissions from outdoor wood heaters are known to have adverse health effects on the heart and lungs. The purpose of this Chapter is to protect the public health, safety and welfare by reducing air pollution caused by outdoor wood-fired hydronic heaters.

(Ord. dated 3-3-09)

 

8.10.020  Definitions.  The following words when used in this Chapter shall have the following meaning:

 

A. “Outdoor wood-fired hydronic heater” means a device:

1.   designed to burn wood or other solid fuels,

2.   that the manufacturer specifies for outdoor installation or in structures not normally occupied by humans, and

3.   that heats building space and water by distribution through pipes of a fluid, typically water or a mixture of water and antifreeze, heated by the device.

 

B.“Phase II outdoor wood-fired hydronic heater” means an outdoor wood-fired hydronic heater intended for residential use that has been certified or qualified by the U.S. environmental protection agency as meeting a particulate matter emission limit of 0.32 pounds per million British thermal units input and is labeled accordingly.

(Ord. dated 3-3-09; Ord. dated 9-15-09)

 

8.10.030  Location. 

A.  No person shall install an outdoor wood-fired hydronic heater other than a phase II outdoor wood-fired hydronic heater, or a unit that exceeds phase II qualifications, unless it is located at least five hundred (500) feet from the nearest property line.

 

B.  Installation of a Phase II outdoor wood-fired hydronic heater, or a unit that exceeds Phase II qualifications, must satisfy the following conditions:

 

1.   It must be at least fifty feet from any property line and seventy-five feet from any occupied dwelling that it is not serving at the time of installation, and

2.   It must have a permanent stack extending two feet higher than the roof peak of any occupied structure, except the structure it is serving, that is within one hundred fifty feet of the unit.

(Ord. dated 3-3-09; Ord. dated 9-15-09)

 

8.10.040  Existing units.

A.  Any outdoor wood-fired hydronic heater that was installed before March 3, 2009 with all of the permits required by the state building code and that does not meet or exceed phase II qualifications shall satisfy the following condition on or before December 31, 2010:

1.   It must have a permanent stack extending two feet higher than the roof peak of any occupied structure, except the structure it is serving, that is within one hundred fifty feet of the unit.

B.  Any outdoor wood-fired hydronic heater that was installed before March 3, 2009 without all of the permits required by the state building code and that does not meet or exceed phase II qualifications shall be removed no later than December 31, 2010.

(Ord. dated 3-3-09; Ord. dated 9-15-09)

 

8.10.050  Fuel. 

A.  No person shall burn or permit the burning of any of the following items in an outdoor wood-fired hydronic heater:

1.   any wood other than that permitted in subsection B(1) below;

2.   garbage;

3.   tires;

4.   lawn clippings, leaves, brush trimmings, or general yard waste;

5.   materials containing asbestos;

6.   materials containing lead, mercury, or other heavy or toxic metals;

7.   materials containing plastic;

8.   materials containing rubber;

9.   waste petroleum products;

10. paints and paint thinners;

11. chemicals;

12. coal;

13. glossy or colored papers;

14. construction and demolition debris;

15. plywood;

16. particle board;

17. salt water driftwood and other previously salt water saturated materials;

18. manure;

19. animal carcasses; and

20. asphalt products.

 

B.  No person shall burn or permit the burning of any item in an outdoor wood-fired hydronic heater except the following items:

1.   Wood that has no paint, stains, or other types of coatings, and wood that has not been treated with preservatives, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.

2.   Wood pellets made from clean wood.

3.   Any other biomass fuel approved by the R.I. department of environmental management.

C.  Home heating oil in compliance with the applicable sulfur content limit or natural gas may be used as starter fuels or substitute fuel in dual-fired outdoor hydronic heaters.

(Ord. dated 9-15-09)

 

8.10.060.  Enforcement.  The building official shall enforce the provisions of this Chapter in the following manner:

 

A.  Any person who installs, locates, or operates an outdoor wood-fired hydronic heater in violation of this Chapter shall be served with a notice of violation. The notice shall be mailed by regular mail and by certified mail, return receipt requested, or shall be served by a person authorized to serve civil process. The notice shall order the relocation or removal of the outdoor wood-fired hydronic heater within thirty (30) days of the day the notice is mailed.

 

B.  If the violation is not abated within the time specified in the notice, the building official shall ask the town solicitor to initiate an ordinance violation action in the district court or any other court of competent jurisdiction.

 

C.  A violation of this Chapter shall be punishable by a fine of not more than five hundred dollars ($500) for each violation. Each day during which the violation continues shall constitute a separate offense.

(Ord. dated 3-3-09; Ord. dated 9-15-09)

 

 

Chapter 8.12  WOOD-WASTE BURNING

 

8.12.010         Regulations – Generally.

 

8.12.010  Regulations – Generally.  No person shall operate any boiler, furnace or other apparatus in any part of this town, using as fuel, wood, sawmill refuse, shavings or other materials of a like nature, which, when used, are liable to throw off or emit sparks or burning materials so as to be dangerous and liable to set fire to houses, buildings and other property adjacent thereto or in the vicinity, unless the smokestack or chimney is so guarded at the top thereof by wire netting, screens or other metallic device in common use sufficient to prevent the escape of such sparks or burning materials such as may be of danger to the adjoining property and liable to set fire to the same.

(Ord. dated 9-14-59, § 1; Ord. dated 12-6-05)

 

 

Chapter 8.14  NOISE POLLUTION

 

8.14.010          Purpose.

8.14.020          Definitions.

8.14.030          Maximum permitted sound levels.

8.14.040          Measurement of sound.

8.14.050          Permitted sounds.

8.14.060          Prohibited activities.

8.14.070          Standing motor vehicles.

8.14.080          Sound permits.

8.14.090          Enforcement.

 

8.14.010  Purpose. 

A.  The town council finds that excessive noise is a serious hazard to the public health, safety and welfare and detracts from the quality of life. It is the policy of the town to promote an environment free from excessive noise that unnecessarily jeopardizes the public health, safety and welfare and degrades the quality of the lives of the residents of this community, without unduly prohibiting, limiting or otherwise regulating the function of certain noise producing equipment that is essential to the quality of life in the community.

 

B.  The purpose of this Chapter is to establish standards for the control of noise pollution in the town by setting maximum permissible sound levels for various activities to protect the public health, safety and general welfare. 

 

C.  This Chapter shall apply to all noise originating within the limits of the town, except noise that is regulated by a state or federal agency.

(Ord. dated 12-1-09)

 

8.14.020  Definitions.  The following words, terms and phrases, when used in this Chapter, shall have the following meanings, except where the context clearly indicates a different meaning. Definitions of technical terms used in this Chapter that are not defined in this section shall be obtained from publications of acoustical terminology issued by the American national standards institute (ANSI) or its successor body.

 

A-scale (dBA)  – The sound level in decibels measured using the A-weight or network as specified in ANSI standard 1.4-1971 for sound level meters. The level is designated dB(A) or dBA. 

 

C-scale (dBC) – The sound level in decibels measured using the C-weight or network as specified in ANSI standard 1.4-1971 for sound level meters. The level is designated dB(C) or dBC

 

Construction  – Any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair of equipment of buildings, roadways or utilities, including land clearing, grading, excavating and filling. 

 

Decibel (dB)  – A logarithmic and dimensionless unit of measure used to describe the amplitude of sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

 

Emergency work  –  Work necessary to restore property to a safe condition following a public calamity, work to restore public utility service, work required to protect persons or property from imminent exposure to danger, or work of a similar nature. 

 

Lot  – A tract or parcel of land owned by one distinct ownership.

 

Motor vehicle  – Any motor-operated vehicle, excluding motorcycles, licensed for use on public streets. 

 

Motorcycle – A motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term shall include motorized bicycles, motor scooters, mopeds and the like. 

 

Off-road recreational vehicle –  A motor vehicle designed to travel over unimproved terrain that the R.I. division of motor vehicles has determined is unsuitable for operation on public streets and cannot be registered for such use. Golf carts, riding lawnmowers, or garden tractors not registered as farm vehicles are not included in this definition. Minibikes and all classes of all-terrain vehicles are included in this definition.

 

Person  – Any individual, association, partnership or corporation.

 

Public street – Any street, avenue, highway, boulevard, alley, easement or public space owned by or controlled by a government entity.

 

Public space – Any real property and any structure owned, used, or controlled by a government entity, including public streets. 

 

Receiving lot – The property that receives the transmission of sound.

 

Residential property  – Any property on which is located a structure used wholly or partially for dwelling purposes.

 

Sound  – An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. 

 

Sound level  – The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in ANSI specifications for sound level meters (ANSI standard 1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. 

 

Sound level meter  – An instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or play meter, and weighting networks used to measure sound pressure levels, that complies with ANSI standard 1.4-1971 or the latest approved revision thereof.

 

Town – The town of Richmond or the area within the territorial limits of the town.

 

Zoning districts  – The districts established in the zoning ordinance and shown on the official zoning map. 

(Ord. dated 12-1-09)

 

8.14.030  Maximum permitted sound levels.  No person shall make, or cause to be made, a sound that projects from one lot into another lot within the same zoning district if the sound exceeds the levels in Table 1. Sound projecting from a lot to another lot in a different zoning district shall not exceed the limits in the receiving zoning district. In the case of sound generating from a multi-family dwelling structure, the sound is measured anywhere inside a receiving dwelling unit in the same building.

 

 

Table I. Maximum permitted sound levels

Residential

zoning districts

General Business

and Neighborhood Commercial zoning districts

Light Industrial and Industrial

zoning districts

7 a.m. to

10 p.m.

all other times

7 a.m. to

10 p.m.

all other

 times

Any time

65

60

75

70

80

 

(Ord. dated 12-1-09)

 

8.14.040  Measurement of sound.

A.  Sound shall be measured with a sound level meter and octave band analyzer meeting the standards prescribed by the American standards association. The instruments shall be in calibration and good working order. Octave band corrections may be employed to meet the response specification. A calibration check of the system shall be made at the time the sound or noise is measured.

 

B.  Measurements shall be made in a manner that provides an accurate representation of the sound or noise. During measurement, the microphone shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound noise.  A windscreen for the microphone shall be used when required by the manufacturer's specifications for operation.

 

C.  Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.

 

D.  The measurement shall be made on the receiving property.

(Ord. dated 12-1-09)

 

8.14.050  Permitted sounds.

A. The following sounds shall be permitted notwithstanding the maximum permitted sound levels in this Chapter:

            1.         Sound intended to alert persons to the existence of an emergency.

            2.         Sound generated by a fire, burglar or civil defense alarm, siren, whistle, or other stationary emergency signaling device, provided that the sound is generated in an emergency or for testing. Testing shall take place between  8 a.m. and 9 p.m. and shall use the minimum cycle test time.

            3.         Sound made by an emergency vehicle when it is responding to an emergency call or acting in time of emergency.

            4.         Sound generated during emergency work.

            5.         Sounds generating from agricultural operations, as that term is defined in title 2, chapter 23 of the general laws.

            6.         Sound generated during military operations, excluding travel by individuals to or from military duty.

            7.         Sound caused by discharge of firearms for a lawful purpose.

            8.         Sound generated between 7 a.m. and 11 p.m. by licensed fireworks displays.

            9.         Sound generated by the operation of snow removal equipment.

            10.       Sound created by permitted construction, demolition and routine maintenance activities, provided that such sound is not generated on Sundays or legal holidays and is not generated earlier than 7 a.m. or later than 7 p.m.

            11.       Sound generated by stationary non-emergency signaling devices including bells, chimes, sirens, or whistles for less than one minute in each hour.

            12.       Sound generated by bells or other devices used at places of religious worship.

(Ord. dated 12-1-09; Ord. dated 10-18-11)

 

8.14.060  Prohibited activities.

A.  The following activities are prohibited when generating noise across a real property boundary that exceeds the limits imposed by this Chapter.

            1.         Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat.

            2.         The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle, except as a danger warning.

            3.         Operation of a motor vehicle or an off-road recreational vehicle, or permitting the operation of one or more motor vehicles or off-road recreational vehicles individually or in a group or in an organized racing event, on private property.

            4.         Using or operating, or permitting to be used or operated, any radio-receiving device, musical instrument, phonograph, loudspeaker, sound amplifier, or other device for the producing or reproducing of sound broadcast in any public space for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

            5.         Shouting, yelling, hooting, whistling, or singing in any public space between 11 p.m. and 7 a.m. 

(Ord. dated 12-1-09)

 

8.14.070  Standing motor vehicles.  No person shall operate the engine of a motor vehicle for a consecutive period longer than 20 minutes while the vehicle is standing and located within 150 feet of property zoned and used for residential purposes if the sound level emitted by the motor vehicle exceeds the maximum permissible sound levels in Table II, unless the vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pick-up vehicles that require the operation of the engine to unload or load their vending loads.

 

Table II.

 

Any motor vehicle with a manufacturer's gross vehicle weight rating 10,000 pounds or more and any combination of vehicles towed by such motor vehicle

88 dB(A)

Any motorcycle

82 dB(A)

Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle

76 dB(A)

(Ord. dated 12-1-09)

 

8.14.080  Sound permits. 

A.  The town council shall have the authority to grant sound permits that allow an applicant to exceed the sound limits contained in this Chapter, shall have the authority to modify or revoke a permit previously granted, and shall have the authority to place conditions on a permit to minimize adverse effects on the community or the surrounding neighborhood, including but not limited to conditions concerning the time of day, location, or duration of the sound.

 

B.  Application for a sound permit shall be made to the town clerk’s office on a form provided for that purpose. An applicant shall pay the fee provided in Chapter 3.06. The application shall contain information demonstrating that bringing the source of sound or activity for which the sound permit is sought into compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons.

 

C.  The town council shall conduct a public hearing on the application. The applicant shall mail notice of the public hearing, by regular mail, to the owners of all real property within two hundred (200) feet of the lot on which the sound-generating activity will take place.  The town clerk’s office shall provide the form of notice. Notice of the public hearing shall appear in a newspaper of general circulation in the town at least seven (7) days before the date of the public hearing. The applicant shall bear the cost of notice and advertising.

 

D.  When determining whether to grant or deny an application, or revoke a permit previously granted, the town council shall balance the hardship to the applicant, the community and other persons if the sound permit is not granted, against the adverse impact on the health, safety and welfare of persons who would be affected, and any other adverse impact, if the sound permit is granted. The town council may grant the permit if it finds:

            1.         That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or

            2.         The noise-generating activity will be of temporary duration, and cannot be done in a manner that would comply this Chapter; and

            3.         That no other reasonable alternative is available to the applicant.

 

E.  The decision of the town council shall be in writing and a copy shall be mailed to the applicant. Failure to comply with any condition placed on the sound permit shall terminate the permit and subject the permit holder to prosecution for violation of this Chapter.

 

F.  The town council may modify or revoke a permit previously granted only after a public hearing. The town clerk shall mail notice of the public hearing to the owners of property within two hundred (200) feet of the property for which the permit was granted, and shall advertise the public hearing in a newspaper of general circulation in the town at least seven (7) days before the date of the public hearing.  A decision to modify or revoke a permit shall be in writing and a copy shall be mailed to the permit holder.

(Ord. dated 12-1-09)

 

8.14.090   Enforcement.

A.  The police department shall enforce the provisions of this Chapter.  Any person, including a police officer or the zoning enforcement officer, may be a complainant for the purposes of instituting an action for any violation of this Chapter.

 

B.  Whenever a violation of this Chapter occurs and two or more persons are present in or on the property from which the sound emanates, and it is impossible to determine which person is the violator, the owner of the property, if present, shall be presumed responsible for the violation. In the absence of the owner, the tenant of the property or any person present with the consent of the owner shall be held responsible for the violation.

 

C.  Each offense shall be punishable by a fine not exceeding five hundred dollars ($500) or imprisonment for not more than thirty (30) days. Each noise disturbance shall be considered a separate offense.

(Ord. dated 12-1-09)

 

REFERENCES

2008 R.I. pub. laws ch. 284, codified as R.I. Gen. Laws § 45-2-57; title 31, chapter 45, title 31, chapter 3.2 of the general laws; R.I. Gen. Laws § 46-22-8, Code § 6.08.030.

 

 

Chapter 8.18  RECYCLING AND SOLID WASTE DISPOSAL

 

8.18.010          Definitions.

8.18.020          Purpose.

8.18.030          Transfer station.

8.18.040          Materials accepted at transfer station.

8.18.050          Recycling required.

8.18.060          Programs to encourage recycling and diversion.

8.18.070          Tipping fees.

8.18.080          Placards.

8.18.090          Enforcement and penalties.

 

8.18.010  Definitions.  As used in this Chapter, the following terms shall have the following meanings. If any definition in this section is inconsistent with a definition in the general laws or in a regulation promulgated by the department of environmental management, the definition in the statute or regulation shall govern.

 

Construction and demolition debris –  Non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures and uncontaminated solid waste resulting from land clearing, including but not limited to wood (including painted, treated and coated wood and wood products), wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roof coverings, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the previously described waste. Excluded from this definition are asbestos, waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture, appliances, tires, drums, containers greater than ten (10) gallons in size, any containers having more than one inch of residue remaining on the bottom, and fuel tanks. Also excluded from this definition is construction and demolition debris that has been pulverized, shredded, or otherwise processed in a manner that renders the individual components unrecognizable.

 

Electronic waste – Used electronic devices including but not limited to computers, computer peripherals, computer monitors, copying machines, televisions, radios, camcorders, digital cameras, digital picture frames, DVD players, VCRs, CD players,  MP3 players, stereos, video game consoles, GPS navitation units, and portable, cellular, and stationary telephones.

 

Hazardous waste – Any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment. Hazardous wastes include, but are not limited to, substances that are toxic, corrosive, flammable, irritants, strong sensitizers; substances that are assimilated or concentrated in and are detrimental to tissue; and substances that generate pressure through decomposition or chemical reaction.

 

Municipal solid waste – Garbage, refuse, and other discarded solid materials generated by Richmond residents in the course of their daily living or generated by public schools and municipal or state offices and facilities located in Richmond.  Excluded from this definition are domestic sewage or sewage sludge or dredge material, hazardous waste, asphalt, concrete, and Portland cement. Municipal solid waste does not include solid waste generated by Richmond residents in the course of their employment in Richmond, or solid waste generated by any manufacturing or commercial enterprise.

 

Recyclable materials – Materials required to be separated from solid waste for reuse, as defined by department of environmental management regulations.

 

Richmond resident – A person who resides in Richmond.

 

Transfer station – The facility on Buttonwoods Road operated by the Richmond public works department that serves as an intermediate point where municipal solid waste, recyclables, bulk goods and white goods, construction and demolition debris, and yard waste are collected for temporary storage before transport to the point of ultimate disposal.

 

White goods – Large appliances, including but not limited to stoves, washing machines, and clothes dryers.

(Ord. dated 7-17-12; Ord. dated 6-7-16)

 

8.18.020  Purpose.  Richmond recognizes its obligation to provide for the safe and sanitary disposal of all municipal solid waste generated within its boundaries, as provided in R.I. Gen. Laws § 23-18.9-1, and its obligation to facilitate the diversion of at least 50% of the solid waste generated in the town, as provided in R.I. Gen. Laws § 23-18.8-2. Richmond also recognizes the environmental and financial benefits of recycling to its residents. The purpose of this Chapter is to require services and facilities that will encourage recycling to the greatest possible extent. 

(Ord. dated 7-17-12)

 

8.18.030  Transfer station.

A.  The town shall meet its responsibility to provide for the safe and sanitary disposal of municipal solid waste through operation of a transfer station.

 

B.  The transfer station shall be open on Tuesday, Wednesday, Thursday, Saturday, and Sunday from 8 a.m. to 4 p.m. The transfer station shall be closed on legal holidays.

                       

C.  The public works director shall have the authority to establish rules for the safe and efficient operation of the transfer station.

(Ord. date 7-17-12)

 

8.18.40  Material accepted at transfer station.

A.  The transfer station shall accept the following materials from Richmond residents:

1.   Municipal solid waste;

2.   Recyclable materials;

3.  White goods;

4.  Bulk items;

5.  Construction and demolition debris;

6.  Electronic waste;

7.  Used motor oil;

8.  Tires;

9.  Mattresses and box springs.

 

Mixed recyclable materials, other recyclable items including used motor oil, washing machines and dryers, matresses and box springs in recyclable condition, and electronics, shall be accepted free of charge. All other materials may be deposited at the transfer station upon payment of the fees in Section 8.18.070.

 

B.  The transfer station shall accept recyclable materials free of charge from refuse collectors and haulers licensed by the town.

(Ord. dated 7-17-12; Ord. dated 6-7-16; Ord. dated 5-21-19)

 

8.18.050  Recycling required. 

A.  All Richmond residents are required to separate recyclable materials from solid waste before disposal. Households served by licensed refuse collectors and haulers are required to separate recyclables from solid waste for curbside collection. Households using the transfer station are required to separate recyclable materials from solid waste before delivery to the transfer station.  

 

B.  The director of public works shall post in a conspicuous location at the transfer station a list of the materials currently classified by DEM regulations as recyclable materials.

(Ord. dated 7-17-12)

 

8.18.060  Programs to encourage recycling and diversion

The conservation commission shall develop and implement educational programs, including written materials and seminars or workshops, to disseminate information about the benefits of recycling and diversion, the types of materials that can be recycled and diverted, the requirements of local and state law concerning recycling and diversion, and the proper disposal of hazardous waste. Each program shall be approved in advance by the town council.

(Ord. dated 7-17-12)

 

Section effective 1 July 2019

8.18.070  Tipping fees.  The transfer station will accept refuse upon payment of the following fees:

A.  Large items: 

1.   Non-recyclable matresses and box springs – $55.00 each.

 

2.   Recliners, upholstered chairs – $10.00 each.

 

3.   Couches – $20.00 each.

 

4.   Sofa beds – $30.00 each.

 

5.   Car tires – $6.00 each; truck tires – $15.000 each.

 

6.   Washers and dryers – no charge; other appliances free of chlorofluorocarbons – $25.00 each. Air conditioners – $30.00 each; refrigerators and freezers – $50.00 each.

 

7.   Propane tanks (20 gal.) – $3.00 each.

 

8.   Boats up to 20 feet long – $250.00 per ton.

 

B.  Items not otherwise specified:

 

Weight

Tipping fee

50 lbs. or less

$5.00

 51-100 lbs.

$8.00

101-150 lbs.

$12.00

151-200 lbs.

$15.00

201-250 lbs.

$18.00

251-300 lbs.

$21.00

301-350 lbs.

$24.00

351-400 lbs.

$27.00

401-450 lbs.

$30.00

 451­­-500 lbs.

$33.00

 

C.  Construction and demolition debris: $110 per ton.

(Ord. dated 7-7-12; Ord. dated 6-7-16; Ord. dated 5-21-19; effective 7-1-19)         

 

8.18.080  Placards.

A.  Every vehicle depositing solid waste or recyclables generated by a single household shall display a placard on the dashboard. The town clerk shall issue transfer station placards.

 

B.  Placards shall be issued to Richmond residents free of charge. The placards shall not expire.

 

C.  Placards shall be issued to Hopkinton residents for an annual fee of $25. Each placard shall be numbered. The town clerk shall maintain a record of each placard issued and the address of the individual to whom it was issued. The placards shall be valid for one year and shall expire on June 30. If a placard is issued for a portion of a year, the fee shall be pro-rated.

(Ord. dated 5-21-19)

 

8.18.090  Enforcement and penalties.

A.  The Richmond police department shall enforce the provisions of this Chapter and any rules and regulations adopted by the department of public works and incorporated in the transfer station operating plan approved by the department of environmental management. The penalties for violation of any provision of this Chapter shall be those in Section 1.08.010 of this Code.

(Ord. dated 7-17-12)

 

B.  The town council shall have the authority to suspend or revoke the transfer station permit of any person who violates any provision of this Chapter.   

(Ord. datet 5-21-19)

 

REFERENCES

Title 23, chs. 18.8, 18.9, title 37, ch. 15; title 42, ch. 17.1 of the general laws; Code ch. 5.56; Department of Environmental Management Rules and Regulations for Reduction and Recycling of Municipal Solid Waste.

 

 

Chapter 8.20  OPEN FIRES

 

8.20.010          Authority and purpose.

8.20.020          Definition.

8.20.030          Activity prohibited.

8.20.040          Exemptions.

8.20.050          Instruction or training.

 

8.20.010  Authority and purpose.

A. This Chapter is adopted pursuant to the authority of R.I. Gen. Laws § 23-23-18(c), and is intended to be consistent with state law and with regulations promulgated under state law, including but not limited to title 2, chapter 12 and title 23, chapters 23 and 23.1 of the general laws.

 

B.  The purpose of this Chapter is:

1.   To prevent damage to property and injury to persons and animals,

2.   To prevent the emission of air contaminants that may injure human, plant or animal life, and

3.   To promote the state policy that open air fires shall be eliminated to the maximum extent possible.

(Ord. dated 10-16-12)

 

8.20.020  DefinitionOpen fire means any outdoor fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney.

(Ord dated 10-16-12)

 

8.20.030  Activity prohibited.  

A.  No person shall set, light, kindle or maintain any open air fire unless that fire is permitted by this Chapter.

 

B.  Open air burning of any type of refuse, including but not limited to garbage, trash, construction and demolition waste, paper products, or yard waste, is prohibited unless another section of this Chapter specifically allows it.

(Ord. dated 10-16-12)

 

8.20.040  Exemptions.  This Chapter does not prohibit the following types of open fires.

A.  Open fires in fireplaces, grills, or similar appliances for the purpose of cooking food, provided that charcoal, gas or other fuel normally associated with outdoor grills is used.

 

B.  Bonfires on holidays and other festive occasions conducted by an individual, group, or institution when all of the following conditions are satisfied:

1.   The district fire chief having jurisdiction over the location has given written permission for the bonfire and all conditions required by the district fire chief are observed.

2.   Only clean, untreated wood or cellulose derivatives are used as fuel.

3.   The fire shall be constantly attended and properly extinguished by a competent person at least 18 years of age.

 

C.  Fires in in-ground fire pits, or in portable fire containers available for retail purchase, when all of the following conditions are satisfied:

1.   The area designed to contain flammable material in an in-ground fire pit shall be no larger than sixteen (16) square feet, and the fire pit shall be at least fifteen (15) feet from any building.

2.   A portable fire container shall have a closed or properly screened top and shall be located at least fifteen (15) feet from any building.

3.   No fuel other than charcoal, gas, or clean, untreated wood or cellulose derivatives shall be used in any in-ground fire pit or container.

4.   The fire in the in-ground fire pit or container shall be constantly attended and properly extinguished by a competent person at least 18 years of age.

 

D.  Open air burning of tree limbs, brush, and other clean wood, provided that the local fire district has issued a permit for the fire pursuant to R.I. Gen. Laws § 2-12-6 and the fire is supervised by fire district personnel.

 

E.  Fires on state land and other fires that are under the jurisdiction of the department of environmental management.

 

F.  Open air burning determined by department of environmental management to be, or to be part of, a generally accepted farming procedure that is undertaken by an agricultural operation, as that term is defined in title 2, chapter 23 of the general laws.

(Ord. dated 10-16-12)

 

8.20.050  Instruction or training.  This Chapter does not prohibit fires for instruction or training purposes, provided the fire is authorized by the district fire chief and supervised by district fire personnel.

(Ord. dated 10-16-12)

 

REFERENCES

Title 2, chapter 12 of the general laws, title 23, chapter 23 of the general laws; R.I. department of rnvironmental management Rules and Regulations Relative to Forest Fire Personnel and Forest Fires and Prevention; R.I. department of environmental management Air Pollution Control Regulation No. 4.

 

 

Published by ClerkBase
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