Chapter 38 ENVIRONMENT[1]
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:
Dismantled, junked or abandoned vehicles means major parts thereof including bodies, engines, transmissions, rear ends, etc.
Premises means public or private property, town streets and public highways.
Public property means property owned by the town or state, property acquired by the town at tax sales and all streets and highways within the town whether or not they are public highways.
Vehicle legally or physically incapable of being operated means one which has not been duly registered according to law or which lacks the equipment in good operating condition as required by law to enable it to be registered.
(Code 1967, § 12-8)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 38-27. Depositing, storing or keeping in open prohibited; exception.
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, junked or abandoned vehicle, or one legally or physically incapable of being operated, unless a license for a junkyard has theretofore been obtained pursuant to this Code.
(Code 1967, § 12-9)
(a) The owner of any vehicle described in section 38-27 shall remove the vehicle within seven days after being ordered to do so in writing by the owner, lessee or occupant of the premises where the vehicle shall be found. If the owner of any such vehicle is not known or cannot readily be ascertained, notice to remove may be given by attaching such notice to such vehicle. The police department, upon request therefor, shall assist in ascertaining the name and address of the owner of any such vehicle.
(b) If the owner of any such vehicle is also the owner, lessee or occupant of the premises, notice to remove shall be given by the police department.
(c) If the vehicle is on a town street or public highway, 48-hour notice to remove the vehicle shall be given by the police department; provided, however, that if the vehicle constitutes a present hazard or unduly obstructs traffic ingress to or egress from private or public property, the vehicle may be removed by the police department without any prior notice.
(d) An unregistered vehicle on premises not owned or occupied by the owner of the vehicle may be deemed to be abandoned.
(Code 1967, § 12-10)
Upon failure to remove any such vehicle within the time limit in section 38-28, the owner, lessee, occupant of the premises or the police department shall forthwith remove or cause the vehicle to be removed from the premises to a location to be provided for such purpose by the town.
(Code 1967, § 12-11)
Sec. 38-30. Redemption by owner.
The owner of any vehicle so removed may regain possession of such vehicle from the town by making application therefor within two months after its receipt by the town upon paying to the town all reasonable costs of removal, which shall be repaid to the person who paid or incurred such charges, plus an additional charge of $15.00 for storage charges of the vehicle while in possession of the town.
(Code 1967, § 12-12)
Earth removal means the extraction or removal of any sand, gravel, loam, topsoil, stone, mineral, clay or shale, from deposits on any tract of land; excluding, however, extracting, removing, digging, mining or quarrying limestone, lime rock or granite; and excluding operations of a sand and gravel plant currently in operation, and immediately surrounding 20 acres of industrial zoned land upon which such sand and gravel plant is located, and excluding also earth removal involved in the process of grading land:
(1) For the construction of building for which a building permit has been issued;
(2) For the construction of a roadway; or
(3) For a subdivision in accordance with a plat plan approved by or in accord with an ordinance of any city or town or any duly authorized board of authority of such city or town.
(Code 1967, § 8A-1; Ord. of 1-11-10)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 38-57. Penalty for violation of article.
(a) Violators of any of the provisions of this article shall, upon conviction, be punished according to the provisions of section 1-7.
(b) Suit may be instituted in the superior court in the name of the town to restrain any violation of, or compel compliance with this article.
(c) The town council shall have the authority, following adequate notice to the licenseholder and a hearing, to revoke any license obtained under provisions of this article for violations of any provisions of this article.
(Code 1967, § 8A-16; Ord. 1-11-10)
Sec. 38-58. Hours of operation.
All such earth removal operations shall be carried on only between the hours of 7:30 a.m. and 6:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, except a legal holiday. Operations shall not be carried on at any other hours, nor on Sunday, nor on a legal holiday except upon issuance of a special exception from the town council.
(Code 1967, § 8A-6; Ord. 1-11-10)
Sec. 38-59. Setback requirements.
The initiation or lateral expansion of earth removal is prohibited within a distance of:
(1) Twenty-five feet of the boundary of the tract of land upon which earth removal is to be carried on adjacent to residential property; or
(2) Within 50 feet of any dwelling, whichever is greater.
(Code 1967, § 8A-7; Ord. of 1-11-10)
Sec. 38-60. Fencing requirements.
Fencing is required around those portions of the boundary of the tract of land upon which earth removal is being conducted adjacent to developed residential property. Such fencing shall be five feet in height and shall be effective to control access to the area in which such earth removal is being conducted.
(Code 1967, § 8A-8; Ord. of 1-11-10)
Calcium chloride or oil shall be applied to nonpaved roads to be used for vehicular ingress or egress to such tract of land and to the regularly traveled roads within such tract of land on which earth removal is to be conducted.
(Code 1967, § 8A-9; Ord. of 1-11-10)
Drainage shall be provided on tracts of land on which earth removal is to be conducted to prevent the permanent collection and stagnation of surface or underground waters, and to prevent the flooding and erosion of surrounding property.
(Code 1967, § 8A-10; Ord. of 1-11-10)
Sec. 38-63. Property previously obtained for earth removal purposes.
Real property acquired or leased prior to the effective date of the enabling act for the purpose of earth removal and held for such purpose on January 28, 1974, shall be considered in use for earth removal whether or not extracting has been actually commenced, and a license for earth removal on such property shall be issued pursuant to section 38-81 upon compliance with the provisions of sections 38-81 and 38-83. In order for real property to qualify under this article, the following conditions shall be considered as conclusive evidence that such real property was acquired or leased and held for the purpose of later earth removal:
(1) Such real property was acquired or leased prior to January 28, 1974.
(2) Such real property was acquired or leased by an individual, corporate or otherwise, engaged at the time of acquisition in the business of earth removal.
(3) Such real property, or the substantial portion of such property has not been permanently developed, for any residential, commercial, other than farm or agricultural, or industrial purpose.
(4) Such real property contains mineral deposits of a demonstrable economic value.
(5) If the owner or lessee of any such tract of land shall file in the office of the town clerk, as the case may be, on or before April 1, 1974, a statement setting forth his intention to engage in earth removal on such tract of land and describing such tract of land, then such tract of land shall be deemed to qualify under this section, and, as to any tract of land for which such intention is not so filed, then the provisions of this section shall have no force and effect.
(Code 1967, § 8A-11; Ord. of 1-11-10)
Sec. 38-64. Town operations to comply with article.
If the town shall engage in earth removal for municipal purposes, it shall comply with the provisions of this article.
(Code 1967, § 8A-12; Ord. of 1-11-10)
Sec. 38-65. Operations already in existence.
This article shall apply to earth removal being conducted on the date of its enactment on any tract of land within the town 60 days after enactment. Upon submission to the building inspector of the plan and all other material as required under section 38-83, except that no such plan need set forth existing contours for that portion of any tract of land on which earth removal has been completed on January 28, 1974, the town council shall forthwith issue a license for the continuance of earth removal on any such tract of land.
(Code 1967, § 8A-13; Ord. of 1-11-10)
Upon application and after a showing that the literal enforcement of the article will work a hardship, the town council may grant an exception to the terms of this article upon a finding that such exception will not result in a substantial negative effect on surrounding property.
(Code 1967, § 8A-14; Ord. of 1-11-10)
Appeals from the decisions of the town council shall be taken in the same manner as other appeals from the town council sitting as a licensing board.
(Code 1967, § 8A-15; Ord. of 1-11-10)
Sec. 38-81. Required; fee.
A condition precedent to any earth removal shall be the obtainment of a license to be issued by the town council upon the submission of the documents required by section 38-83 and its approval of such section, and the payment of the currently required license fee.
(Code 1967, § 8A-2; Ord. of 1-11-10)
The town council of the town may issue licenses. Such permission shall be restricted and exercised in accordance with this article, and Appendix A (the zoning ordinance) which makes earth removal a prohibited use.
(Code 1967, § 8A-3; Ord. of 1-11-10)
Sec. 38-83. Submissions required precedent to issuance.
An applicant for a license under this chapter shall submit an application to the town council in a form adopted by the town clerk and provided by the town clerk.
Except as otherwise provided in this section, as a condition precedent to the acceptance of an application by the town council for earth removal, there shall be submitted to the town clerk:
(1) A plan prepared by a registered engineer in compliance with the provisions of this article and setting forth the existing contours of the tract of land, based upon classifications of preliminary samples of the material to be removed, including:
a. The final contours of the tract of land upon completion of earth removal operations; and
b. The type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion;
provided, however, that if there is suitable fertile ground cover existing at the beginning of earth removal, enough of such ground cover shall be held in reserve and reapplied for a minimum thickness of three inches.
(2) An opinion by a registered engineer that upon completion of earth removal operations all slopes on such tract as set forth in the plan referred to in subsection (1) of this section, shall remain at the natural angle of repose.
(3) A bond in an amount sufficient to insure restoration of such tract of land and to insure compliance with the requirements of this section. The calculations for such bond shall be reviewed and approved by the town's engineer.
If the plan set forth in subsection (1) of this section is not complied with, the town may undertake and complete such plan, the owner of such tract of land shall reimburse the town for its necessary expenses in connection therewith, and the town shall have a lien on such tract of land for such expenses and may collect on the aforementioned bond.
The plan, required by subsection (1), shall be forwarded to the zoning enforcement officer and to the planning board for an advisory opinion. The advisory opinions shall accompany an application to the town council for a license.
(Code 1967, § 8A-4; Ord. of 1-11-10)
Editor's note(s)—An ordinance of January 11, 2010, repealed § 38-84, which pertained to the issuance for removal in certain zones and derived from the Code of 1967, § 8A-5.
Sec. 38-101. Policy statement.
The council hereby finds and declares that:
(1) Excessive noise is a serious hazard to the public health and welfare and the quality of life.
(2) A substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public.
(3) Certain of the noise-producing equipment in this community is essential to the quality of life in the town and should be allowed to continue at responsible levels with moderate regulation.
(4) Each person has a right to an environment reasonably free from noise which jeopardizes health or welfare or unnecessarily degrades the quality of life.
(5) It is declared the policy of the town to promote an environment free from excessive noise, otherwise properly called noise pollution, which unnecessarily jeopardizes the health 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 which is not amendable to such controls and yet is essential to the quality of life in the community.
(Ord. of 3-26-07(2))
Sec. 38-102. Title, purpose and scope of article.
(a) Title. This article may be cited as the "Noise Ordinance" of the Town of Tiverton.
(b) Purpose. To establish standards for the control of noise pollution in the town by setting maximum permissible sound levels for various activities.
(c) Scope. This article shall apply to the control of all noise originating within the limits of the town or originating from properties lying outside the limits of the town that are owned or controlled by the town. State or federal noise regulations may supersede this article.
(d) Partial invalidity. If any provision of any section of this chapter be held invalid, the remainder of the sections and the applications of the provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
(Ord. of 3-26-07(2))
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. Definitions of technical terms used in this article, which are not defined in this section, shall be obtained from publications or acoustical terminology issued by A.N.S.I. or its successor body:
A-scale (dBA) means the sound level in decibels measured using the A-weighted network, as specified in A.N.S.I. Standard 1.4-1971 for sound level meters. The level is designated dB(A) or dBA.
Ambient sound level means the noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources.
A.N.S.I. means the American National Standard Institute or its successor body.
Construction means any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair or equipment of buildings, roadways or utilities, including land clearing, grading, excavating and filling.
Decibel (dB) means a unit of measure used in describing the amplitude of sound.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
Dwelling unit means a building or portion of a building regularly used for residential occupancy.
Emergency work means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from imminent exposure to danger.
Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop-forge impacts and the discharge of firearms.
Lot means any area, tract or parcel of land owned by or under the lawful control of one distinct ownership. Abutting platted lots under the same ownership shall be considered a lot. The lot line or boundary is an imaginary line at ground level which separates a lot and its vertical extension owned by one person from that owned by another.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not including a motorcycle.
Motorboat. See Watercraft.
Motorcycle means any 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.
Narrow band sound means sound characterized by normal listeners as having predominant pitch or series of pitches; sound described by such listeners as "whine," "hiss," "toot" or "wail"; or a sound whose frequencies occupy an octave band or less.
Noise disturbance means any sound which exceeds the dBA level for such sound set out in this article; the making, creation or permitting of any unreasonably loud, disturbing or unnecessary noise; the making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual; or noise which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual.
Offroad recreational vehicle means any motor vehicle, including road vehicles, but excepting watercraft, used off public roads for recreational purposes.
Person means any individual, including the owner of premises or tenant, association, partnership or corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or any political subdivision of a state, including the town.
Physical characteristics of sound means the steady, impulsive or narrow band property of a sound, the level of the sound and the extent to which it exceeds the background sound level.
Plainly audible means any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible rhythms.
Powered model vehicle means any self-propelled airborne, waterborne or landborne model plane, vessel or vehicle, which is not designated to carry persons including, but not limited to, any model airplane, boat, car or rocket.
Public right-of-way means any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled by a governmental entity.
Pure tone means any sound which can be distinctly heard as a single pitch or set of single pitches.
Real property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
Receiving land use means the use or occupancy of the property which receives the transmission of sound.
Residential property means any property on which is located a building or structure used wholly or partially for living or sleeping purposes.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction characteristic of such sound, including duration, intensity and frequency.
Sound level means 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 A.N.S.I. specifications for sound level meters (A.N.S.I. Standard 1.4-1971, or the latest approved revision of such standard). If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter, and weighting networks, used to measure sound pressure levels, which complies with A.N.S.I. Standard 1.4-1971.
Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per square meter (20 × 10—6N/M2). The sound pressure level is denoted LP or SLP and is expressed in decibels.
Sound variance means a variance authorized by the town council to allow a waiver from the noise ordinance for functions and events that are open to the public. Variances are awarded after the proper application is filed and has been reviewed and approved by both the town council in consultation with the chief of police.
Steady sound means a sound whose level remains essentially constant (±2dBa) during the period of the sound level meter.
Town means the Town of Tiverton, Rhode Island, or the area within the territorial limits of the town, and such territory outside of the town over which the town has jurisdiction or control by virtue or ownership or any constitutional or Charter provision or any law.
Used and occupied means and includes the words "intended, designed or arranged to be" (used or occupied).
Watercraft means any contrivance used, or capable of being used, as a means of transportation or recreation on water.
Zoning districts means those districts established in the zoning ordinance and indicated on the official zoning map, or in the zoning ordinance.
(Ord. of 3-26-07(2))
Cross reference(s)—Definitions generally, § 1-2.
Sec. 38-104. Measurement of sound.
(a) If the measurements of sound are made with a sound level meter, it shall in good operating condition and meeting the requirements as specified by A.N.S.I. standards.
(b) When the location or distance prescribed in this article for measurement of sound is impractical causing inaccurate results, measurements may be taken at other locations using appropriate correction factors. Such procedures shall be set forth in writing as part of any report, including a police report, of a sound measurement.
TABLE I: Real-Life Examples:
Approximate Decibels (dB)
| Decibels | Faint | Moderate | Very Loud | Extremely | Painful |
| 140 | | | | | Firecracker |
| 130 | | | | Jackhammer/Jet Plane | |
| 120 | | | | Thunder/Rock Concert | |
| 110 | | | Chain Saw | | |
| 105 | | | Screaming Child | | |
| 90 | | | Power Lawn Mower | | |
| * 85 | | | Average Traffic | | |
| 80 | | | Alarm Clock @ 2' | | |
| 70 | | Vacuum Cleaner | | | |
| 65 | | Washing Machine | | | |
| 60 | | Sewing Machine | | | |
| 50 | | Rainfall (moderate) | | | |
| 40 | Refrigerator Hum | | | | |
| 30 | Quiet Whisper | | | | |
| 20 | Ticking Watch | | | | |
* Note: 85 dB and above is considered dangerous and earplugs are recommended.
(Ord. of 3-26-07(2))
Sec. 38-105. Exceptions to this article.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2) The emission of sound in the performance of emergency work.
(3) Noncommercial public speaking, public education and public assembly activities, except those activities controlled by section 38-142.
(4) The emission of sound in the discharge of weapons between 7:00 a.m. and 9:00 p.m. (related police activities may take place outside of these time constraints at the discretion of the chief of police.)
(5) The emission of sound in the discharge of fireworks displays licensed by the town, from 7:00 a.m. to 11:00 p.m.
(6) The emission of sound in the operation of snow removal equipment.
(7) The emission of sound relative to construction and demolition activities for which a building or demolition permit has been duly issued, provided that such activities do not occur between 9:00 p.m. and 7:00 a.m.
(8) The emission of sound relative to the operation of yard or lawn maintenance equipment or machinery, provided such activities do not occur between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(Ord. of 3-26-07(2))
All departments and agencies of the town shall carry out their programs in accordance with the policies set forth in this article.
(Ord. of 3-26-07(2))
Secs. 38-107—38-120. Reserved.
Sec. 38-121. Implementation, administration and enforcement of this article.
(a) The police department shall implement, administer and enforce this article.
(b) The police department, assisted by any duly designated town agency, shall have the power to:
(1) Conduct research, monitoring and other studies related to sound;
(2) Conduct programs of public education regarding the causes, effects and general methods of abatement and control of noise, as well as the actions prohibited by this article and the procedures for reporting violations;
(c) Responsibility for violation. Whenever a violation of this article occurs and two or more persons are present in or on the lot from which the sound emanates, and it is impossible to determine which of such persons is the violator, the owner of the lot, if present, shall be presumed responsible for the violation. In the absence of such owner, the tenant of such lot, or any person present with the direct consent of the owner, shall be held responsible for the violation.
(d) Continuing violations; town solicitor. In the case of continuing violations, the town solicitor may institute an action for injunctive relief against the owner and/or tenant of the lot.
(Ord. of 3-26-07(2))
(a) The town council shall have the authority, consistent with this section, to grant sound variances from this article after a public hearing.
(b) Any person seeking a sound variance shall file an application with the town clerk. The application, available at the town clerk's office, shall demonstrate that complying with the regulations would cause an unreasonable hardship on the applicant, on the community or on other persons.
(c) All applications shall be include a filing fee sufficient to cover notice and advertising, as may be set from time to time by the town council notice by first class mail shall be given to all property owners within 200 feet of the real property boundary of the lot on which the noise source is located. In addition, advertisement shall be made at least once, seven days prior to the public hearing, in a newspaper of general circulation in the town.
(d) In determining whether to grant or deny an application, or revoke a variance previously granted, the council shall balance the hardship element against the adverse impact on the persons, property affected and any other adverse impact, if the sound variance is not allowed. Applicant shall be required to submit any information that the council may reasonably require in granting or denying an application or in revoking a sound variance previously granted. The council may impose conditions on the granting of a sound variance, in order to mitigate the impact of such variance on neighboring properties. When the application is requesting a long term/permanent sound variance, the council shall cause to be recorded in the land evidence records a copy of the decision and the reasons for granting, denying or revoking the sound variance.
(e) Sound variances shall be granted in writing to the applicant containing all necessary conditions. The variance shall not become effective until all conditions are agreed to by the applicant. Non-compliance with any condition of the variance shall terminate it and subject the person to those provisions of this article.
(Ord. of 3-26-07(2); Ord. of 9-13-21(3) )
Sec. 38-123. Penalty for violation of article.
(a) The penalty for violation of any section of this article shall be in accordance with section 1-7 of the Tiverton Code (general penalties) and up to the maximum allowed by state law for municipalities to impose on ordinance violations as follows:
(1) The first offense in a calendar year shall be the issuance of a written warning to cease and desist with the violation.
(2) Subsequent offenses in the same calendar year shall be punished by the issuance of an order to cease and desist with the violation and a fine of:
a. Second offense: $100.00
b. Third offense: $250.00
c. Fourth and subsequent offenses: $500.00
(b) Each noise disturbance in a calendar year after the issuance of a written warning or order shall be considered a separate offense, and each day it continues shall constitute a separate offense.
(c) Separate provisions and related penalties:
(1) Holders of alcoholic beverage licenses shall be subject to the following provisions:
a. In addition to any penalty set forth in subsection (a) of this section, any holder of a class A, B, B Ltd., C or D liquor license who shall be cited for violation of the provisions of this article twice within a period of six months shall, upon complaint by the police department to the town council sitting as a board of license commissioners, be summoned to appear before the board to show cause why disciplinary action should not be taken against such license holder for violation of the law.
b. The license holder shall be served with a notice of the date, time and place of any such hearing.
c. The license holder has the right to be present at any such hearing and to be represented by counsel. If he so chooses, he may cross examine witnesses and to present sworn testimony on his own behalf.
d. After the hearing, the board may, if it finds that a violation has occurred, take disciplinary action against the license holder including, but not limited to, suspension and/or revocation of the license.
(2) Owners or keepers of dogs and other animals creating a noise disturbance shall be subject to the following:
Owners or keepers of dogs and other animals that create a nuisance by habitual and/or continual emitting of sounds natural to the species (such as barking dogs) are in violation of section 10-34 of the Tiverton Code (nuisances). Should the animal control officer or police officer, upon personal observation of an animal, find that a noise disturbance is habitually created, a citation shall be issued, to be adjudicated by the Municipal Court.
a. First violation: $50.00.
b. Second violation: $75.00.
c. Third and subsequent violations: $100.00.
Each day of the noise disturbance, after receipt of first violation, shall constitute a separate violation of this section.
(3) Subscribers and/or property owners of alarm systems creating a noise disturbance shall be subject to the following: The activation of false or nuisance alarms are in violation of Section 34 of the Tiverton Code (nuisances).
a. No installed audible alarm system shall sound an alarm for longer than 15 minutes.
b. After the second false alarm in any calendar year, the police chief, or in the case of fire alarms, the fire chief shall send a written order to the subscriber instructing him to:
1. Have the alarm system inspected by an alarm company;
2. Review alarm procedures with all employees (if the premises is a business) or members of the household (if the premises is a residence).
3. Within 14 days after this order is issued, the subscriber shall forward to the police chief proof that the alarm system has been inspected and is in good working order.
This notice shall include a written notice to the subscriber notifying him that a third false alarm within the calendar year will be a nuisance alarm violation and will subject the subscriber to the fines set forth in the schedule of such fines and fees noted below.
c. For the third and subsequent false alarm in a calendar year the following fines shall be imposed for nuisance alarm violations:
1. Third false alarm in a calendar year: $50.00.
2. Fourth false alarm in a calendar year: $75.00.
3. Fifth and subsequent offenses: $100.00.
d. After the third false alarm in a calendar year, the chief of police shall have the option of issuing an order disconnecting the audible portion of the alarm system.
(Ord. of 3-26-07(2))
Secs. 38-124—38-133. Reserved.
Sec. 38-134. Prohibited noise disturbances.
No person shall make, continue or cause to be made or continued, except as permitted in this article, any noise or sound which constitutes a noise disturbance. In the absence of specific maximum noise levels, a noise level must exceed the ambient noise level by five dBA or more, when measured at the nearest property line or, in the case of a multi-family residential building, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, in order to constitute a noise disturbance.
(Ord. of 3-26-07(2))
Sec. 38-135. Measurement of sound.
(a) General provision; tests for noise disturbances. In addition to the definition established in section 10-37, the factors which shall be considered in determining whether a noise disturbance exists shall include, but shall not be limited to, the following:
(1) The volume of the noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual;
(4) Whether the origin of the noise is natural or unnatural;
(5) The volume and intensity of the background noise, if any;
(6) The proximity of the noise to residential sleeping facilities;
(7) The nature and zoning of the area within which the noise emanates;
(8) The density of inhabitation of the area within which the noise emanates;
(9) The time of the day or night the noise occurs;
(10) The duration of the noise;
(11) Whether the noise is recurrent, intermittent or constant;
(12) Whether the noise is produced by a commercial or noncommercial activity; and
(13) Whether the noise is constant or in short duration or spikes.
(b) Classification of use districts. It is unlawful to project a sound or noise, from one property into another, within the boundary of a use district which exceeds either the limiting noise spectra set forth in table 1 below, or exceeds the ambient noise level by more than three decibels.
(1) Sound or noise projecting from one use district into another use district with a different noise level limit shall not exceed the limits of each district into which the noise is projected.
(2) Measurement of noise:
a. The measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. The instruments shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. 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.
b. The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise spectra set forth in table I. Spiked measurements shall be taken for short duration noise.
c. The measurement shall be made at the property line of the property on which such noise is generated, or perceived, as appropriate five feet above ground.
d. In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary.
(Ord. of 3-26-07(2))
Sec. 38-136. Maximum permissible sound levels by receiving land use.
(a) With the exception of sound levels elsewhere specifically authorized or allowed in this article or exempted by this article or by variance, the following are the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use.
TABLE II:
Sound Levels by Receiving Land Use
| Zoning District | Time | Sound Limit |
| Residential and open space | 7:00 a.m. to 10:00 p.m. | 60 |
| Residential and open space | 10:00 p.m. to 7:00 a.m. | 55 |
| General and highway commercial | At all times | 70 |
| Light and general industrial | At all times | 70 |
| Any zone were the noise is generated from a public water way | At all times | 70 |
(b) For any source of sound which emits a pure tone, the maximum sound level limits set forth in table II shall be reduced by five dB.
(c) Exceptions to table II are activities covered by sections 38-138 (emergency signaling devices), 38-141 (regulations of sound equipment and sound amplifying equipment), and 38-144 (stationary non-emergency signaling devices).
(Ord. of 3-26-07(2))
Sec. 38-137. Emergency signaling devices.
(a) No person shall operate or permit the intentional sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (b) of this section.
(b) Testing of a stationary emergency signaling device shall occur at the same time of day each time the test is performed or at such other time as may be permitted by the police department or fire department, but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall the test time exceed 60 seconds.
(Ord. of 3-26-07(2))
Secs. 38-138, 38-139. Reserved.
Sec. 38-140. Specifically prohibited activities.
(a) Sales by hawking and peddlers. No person shall create a noise disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary.
(b) Vehicle or motorboat repairs or testing. No person shall create a noise disturbance by repairing, rebuilding, modifying or testing any motor vehicle motorcycle or motorized watercraft.
(c) Powered model vehicles. No person shall create a noise disturbance by operating or permitting the operation of powered model vehicle in a public or private space out-of-doors between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(d) Fireworks. Notwithstanding the provision of section 38-105(7), no person shall create a noise disturbance by the emission of sound in the discharge of fireworks unless such person shall be duly licensed by the appropriate state and local authority.
(Ord. of 3-26-07(2))
Sec. 38-141. Musical instruments and similar devices.
No person shall operate, play or permit the operation or playing of any drum, musical instrument or similar device which produces sound in such a manner as to create a noise disturbance across a residential real property boundary. Refer to table II for applicable dB levels.
(Ord. of 3-26-07(2))
Sec. 38-142. Regulation of sound equipment and sound-amplifying equipment.
Except for activities open to the public and for which a permit and a noise variance have been issued by the town, no person shall operate, play or permit the operation or playing of any radio, television, phonograph or other sound-amplifying equipment so as to create a noise disturbance.
(Ord. of 3-26-07(2))
Sec. 38-143. Motorized vehicles.
(a) No person shall operate the engine providing motive power, or any auxiliary engine, of a motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes, except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads.
(b) No person shall operate, within the speed limits specified in this section, either a motor vehicle or a combination of vehicles of a type subject to registration, at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limit listed in table II for the category of motor vehicle, based on the legal speed limited, posted or not, of the road or way on which such vehicles are operated. Such noise shall be measured at a distance of not more than 50 feet from the centerline of travel under test procedures established by subsection (c) of this section. If the distance of the measuring instrument from the centerline of travel is less than 50 feet, such listed noise limits shall be corrected to reflect the equivalent noise limits for the actual distance.
TABLE III:
Vehicle Noise Limitations
| Type of Vehicle | 35 mph or less | Over 35 mph | |
| (1) | Any motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more and any combination of vehicles towed by such motor vehicle | 88 dB(A) | 92 dB(A) |
| (2) | Any motorcycle | 82 dB(A) | 86 dB(A) |
| (3) | Any other motor vehicles and any combination of motor vehicle towed by such motor vehicle | 76 dB(A) | 82 dB(A) |
This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of any laws relating to motor vehicle muffler or noise control.
(c) The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by A.N.S.I. The instrument shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a prior representation of the noise sources. The microphone during measurements shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources shall be noted and adjustments made so that these and other background noises do not interfere with the primary noise being measured.
(d) Every motor vehicle and motorcycle shall at all times be equipped with a muffler in good working order and in constant operation to prevent noise which exceeds the dB levels set forth in Table III. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle.
(e) No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler or bypass, and no person shall operate a motor vehicle or motorcycle which has been so modified.
(f) No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property, in such a manner as to create a noise disturbance across a real property boundary.
(g) Motorized watercraft shall be governed by the sound levels set forth in table II in section 38-137 (maximum permissible sound levels by receiving land use.) Every motorized watercraft shall be equipped with a muffler in good working order and constant operation to prevent noise which exceeds the dB level set forth in table II for public water way.
(Ord. of 3-26-07(2))
(a) No person shall operate or permit the operation of any tool or equipment in construction, drilling or demolition work, or in preventive maintenance work for public service utilities, which creates a noise disturbance across a residential real property boundary.
(b) This section shall not apply to:
(1) Emergency work or repair work performed by and for governmental entities or public service utilities; or
(2) Work for which a variance has been obtained from the town council.
(c) The use of domestic power tools or equipment is subject to the noise levels set forth in table II in section 38-137 (maximum permissible sound levels by receiving land use).
(d) Properly permitted construction and/or demolition activities are allowed between the hours of 7:00 a.m. and 9:00 p.m. each day.
(Ord. of 3-26-07(2))
Sec. 38-145. Stationary non-emergency signaling devices.
(a) No person shall operate or permit the sounding of any stationary bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place, for more than one minute in any one hour.
(b) Devices used in conjunction with places of religious worship shall be exempt from this operation section.
(Ord. of 3-26-07(2))
Secs. 38-146—38-160. Reserved.
This article applies to all new and existing underground storage tank facilities at or in which petroleum product(s) and/or hazardous material(s) are or have been stored.
(Ord. of 3-10-97, § 1)
DEM or the department of environmental management means the Rhode Island Department of Environmental Management and/or any division thereof.
Hazardous materials means any material defined as a "hazardous substance" by section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 USC 9605), as amended. Hazardous materials shall also include any material defined as "hazardous waste" pursuant to Rhode Island Hazardous Waste Management Act of 1978, as well as any of the following materials: Acetone, ethanol, ethylene oxide, methanol, methylene chloride, and perchloroethylene.
Person means an individual, trust, firm, joint stock company, corporation (including quasi-governmental corporation), partnership, or other unincorporated associations.
Petroleum product means crude oil or any fraction(s) thereof that is liquid at standard conditions of temperature (60 F) and pressure (14.7 pounds per square inch absolute) and includes substances derived from crude oil including, but not limited to the following: Gasoline, fuel oils, diesel oils, waste oils, gasohol, lubricants and solvents.
Tank means a stationary device designed to contain petroleum products or hazardous materials and which is constructed of non-earthen materials that provide structural support.
Tank owner means the owner of the real property on which the underground storage tank is located, unless a different party is identified in the registration documentation filed with D.E.M. or the town.
Underground means ten percent or more of the volume of the facility components (storage tanks and piping) is buried in the ground.
Underground storage tank (UST) system or UST means any one or more underground tanks and their associated components, including piping, used to contain an accumulation of a petroleum product or hazardous material. The system shall include piping whose volume is ten percent or more beneath the surface of the ground.
Unregistered underground storage tank means an underground storage tank not registered either with the town or the department of environmental management.
(Ord. of 3-10-97, § 1)
Sec. 38-163. Registration of underground storage tanks.
(a) Applicability. All owners/operators of UST's shall comply with the registration requirements of this section unless otherwise exempted herein.
(b) Registration. The owner/operator of a UST shall apply for and obtain a certificate of registration from the town clerk in accordance with the following schedule:
| Type of Tank | Registration Deadline |
| All UST's subject to this section of any size storing petroleum products or hazardous materials. | September 1, 1997 |
(c) Application for registrations. To apply for a certificate of registration, the owner/operator of a UST shall complete, certify and submit to the town clerk, the application forms available from the town clerk, along with the applicable registration fee. Information to be included on the form shall include, but not be limited to, the following:
(1) Written description of the following:
a. Tank size, construction material, construction type and material stored.
(2) A site plan including all of the information listed below:
a. Location of all tanks, piping and dispensing pumps;
b. Location of existing or proposed on-site monitoring or observation wells; where applicable;
c. Description of water service to the facility and properties within 200 feet of the facility site;
d. Locations of buildings and associated structures on-site;
e. Boundaries of the facility site; and
f. North arrow.
(d) Issuance of registration certificates. The town clerk shall issue a certificate of registration to the owner/operator of an UST upon review and approval of an application and receipt of fees pursuant to this section.
(e) Registration certificates. All UST owners/operators, except those listed as exempt in subsection (2) below shall obtain their certificate(s) of registration as follows:
(1) Certificates of registration shall be valid from date of issue.
(2) The following owners/operators of underground storage tanks are exempt from registration:
a. Federal, state and local governments, and any agency or department of those governments.
b. Owners/operators of underground storage tanks which are registered with the department of environmental management.
(3) Registration fees. All UST owners/operators shall pay to the town a registration fee of five dollars ($5.00) for each underground storage tank so registered.
(4) Late fees. Owners/operators who fail to pay a registration fee within the time frames specified above shall be subject to a late fee charge of twenty dollars ($20.00) per tank.
(5) Penalties. Failure to obtain a certificate of registration in accordance with this section shall constitute a violation. and may subject the owner/operator to penalties. Any person violating the provisions of this section shall be fined not more than five hundred dollars ($500.00) for each offense.
(Ord. of 3-10-97, § 1)
Sec. 38-164. Prohibition against use of unregistered UST's.
No person shall knowingly put, pour or otherwise cause to be placed any petroleum product or hazardous waste or any combination thereof in any unregistered underground storage tank.
Any person who violates this section shall be fined not more than five hundred dollars ($500.00) for each violation thereof.
(Ord. of 3-10-97, § 1)
Secs. 38-165—38-180. Reserved.
Sec. 38-181. Policy and purpose.
This article is intended to contribute to the protection and promotion of the health, safety and welfare of the citizens of the town by providing the authority, procedures and organizational structure for the regulation, protection, maintenance, planting and removal of trees on public space within the town, as well as private property in certain specified situations and under certain conditions (see G.L. § 2-14-1 et seq.). Adoption of this article is expected to further enhance the attractive natural environment and livability of the town in a number of ways, including:
• Contribute to the prevention of air and noise pollution;
• Enhance community aesthetics and general quality of life;
• Contribute to soil stabilization;
• Protection from wind, heat and glare.
This article shall be known and cited as the "Tiverton Tree Ordinance."
(Ord. of 5-24-99, § 1)
The following words or their derivatives shall have the meanings given below for purposes of this article. When not inconsistent with the context, present tense includes the future and singular includes the plural. "Shall" is used to indicate something mandatory.
Applicant means a person applying for a permit under this article.
Application means a signed request in writing by a person having an interest in the matter seeking authority for activity governed under this article.
Permit means a document in writing signed by the tree warden that gives approval for activity within the warden's jurisdiction under this article, containing, when necessary, conditions under which the activity may be conducted.
Person means any person, corporation, firm, partnership, company, association, or any other legally established organization.
Public right-of-way means public space which is that part of a road to the side of the part designated for vehicular traffic.
Public space means land, roads, and public grounds (including schools, parks, and town forests) owned by the town.
Road means the entire width of a public way, including streets and highways, or a right-of-way when any part thereof is open to use of the public, as a matter of right, for purposes of vehicular or pedestrian traffic.
Tree means any self-supporting woody perennial plant which has a trunk diameter of at least 1½ inches (3.81 cm) measured a point six inches above ground level and capable of reaching a height greater than ten feet, usually with one main stem or trunk and many branches. The term includes fruit, shade, ornamental and forest trees and shrubs.
(Ord. of 5-24-99, § 2)
(a) Establishment/membership. The tree commission is hereby established to replace the existing tree planting commission, which is terminated herewith. It will serve without compensation. There shall be three members appointed by the town council for four-year terms, staggered so that no more than one term expires in any one year. The town council shall fill vacancies for the remainder of an unexpired term. In addition, the director of the department of public works and the chairperson of the conservation commission shall be members ex officio, and the tree warden shall be a nonvoting member ex officio. The tree commission shall annually elect a chairperson and such other officers it deems appropriate.
(b) Duties. The tree commission shall:
(1) Act in an advisory role to the town council and the tree warden;
(2) In that capacity, do all acts necessary and proper to fulfill the town's forestry functions including the planting, care and removal of trees on public space; and, on private property as provided in sections 38-185 and 38-186;
(3) Based on recommendations of the tree warden, issue implementing guidelines, subject to town council approval;
(4) Make recommendations to the town council on such matters as tree programs and activities; and
(5) Review appeals (section 39-189) made by applicants whose applications have been denied by the tree warden, or by persons otherwise aggrieved or affected by an application decision.
(Ord. of 5-24-99, § 3)
(a) Appointment. There shall be a tree warden appointed by the town council at a regular meeting in January of each year for a period of one year (G.L. § 2-14-2). The person appointed shall be an experienced, licensed arborist.
(b) Duties. The tree warden shall:
(1) Implement and enforce provisions of the this article, as well as any guidelines adopted thereunder;
(2) Keep informed of environmental and technical changes that could affect the town's trees on public grounds;
(3) Consider utility and environmental factors in recommending species for planting and in issuing permits for tree work, removal or planting;
(4) Work with local civic and public groups involved in tree care, preservation or planting activity; and
(5) Function within budget and in compliance with federal, state and local law.
(c) Authority. The tree warden shall have authority and jurisdiction to:
(1) Regulate, conduct and direct actions concerning the maintenance, removal and planting of trees on public space to ensure public safety, aesthetics preservation, and protection of trees on public space;
(2) Do work on trees on private property in the limited situations covered in sections 38-185 and 38-186;
(3) Approve, deny, or attach reasonable conditions in acting on applications for permits;
(4) Prepare and implement tree planting plans for the town, and prepare an inventory of trees on public space of the town, subject to the concurrence of the tree commission and approval of the town council; and
(5) Implement and enforce guidelines, rules and procedures of the town that relate to this article.
(Ord. of 5-24-99, § 4)
Sec. 38-185. Trees on private property—Duties of owner/occupant; authority of tree warden.
(a) Owners and occupants of private property with trees bordering on a road have the responsibility to keep such trees pruned so that they do not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the vision of roads so as to pose a substantial threat to the safety of pedestrians or vehicles.
(b) Subject to G.L. § 2-14-5, the tree warden and/or his/her agent may enter upon private grounds of the town to:
(1) Prune trees not pruned as required in subsection 38-185(a);
(2) Remove, treat, or do necessary work on any tree or part thereof on private grounds which is in an unsafe condition so that it poses a threat to the public or public property, or which by reason of its nature is injurious to sewers and other public improvements or rights-of-way, or which is afflicted with an injurious fungus, insect or other pest so as to constitute a threat to the health of town forests; and
(3) Treat or cause or order to be treated any tree infested by a parasite insect or pest when it shall be necessary to prevent the spread of any parasite or animal pest and to prevent harm therefrom to persons or property or to trees on public grounds or roads. In such cases any action by the tree warden shall be preceded by a five-day notice given to the property owner/occupant, and when the tree warden deems that performance of the required work by such party feasible, such party shall be given ten days in which to complete the work. When a party so notified fails to complete the required work within such time, reasonable charges for the work performed at town expense may be assessed to such party.
(Ord. of 5-24-99, § 5)
Sec. 38-186. Town planting on private property.
The tree warden may use resources available for planting on public space to plant shade trees on private property adjoining public rights-of-way, at a distance not exceeding the maximum distance specified in state law, if such trees will benefit the public by shading or beautifying rights-of-way, provided that the written consent of the private property owner is obtained. Such trees shall become the property of the private property owner with all-consequential rights and responsibilities.
(Ord. of 5-24-99, § 6)
State law reference(s)—Similar provisions, G.L. § 45-243.
Sec. 38-187. Planting, maintenance and protection of trees on public space.
(a) No tree shall be planted on any public space without a permit from the tree warden. Such permits shall specify the location and date of planting, and indicate acceptable species and size, taking public safety into account.
(b) Trees on public space shall not be sprayed, pruned, cut, damaged, destroyed, removed or otherwise disturbed without a permit issued by the tree warden, which will indicate necessary requirements. Nor shall any material be placed at or near the base of a tree on public space that might impede the free passage of water, air or fertilizer to its roots. Replacements or work required to correct such activity shall occur as determined by the tree warden, and the costs shall be borne by the person responsible for the activity.
(c) No person shall move any building or large object that might injure trees on public space without a permit from the tree warden.
(d) The requirements of this section may be waived by the town administrator during emergencies such as storms in the interest of public safety and the restoration of order.
(Ord. of 5-24-99, § 7)
Sec. 38-188. Permit procedure.
Persons who have an interest in the matter shall make requests for permits under this article to the tree warden by application in writing. The tree warden shall act on the matter within 14 days. Upon approval or denial by the tree warden, the applicant shall be notified in writing, with reasons given for any denial.
(Ord. of 5-24-99, § 8)
Persons whose applications have been denied or subjected to limiting conditions, as well as any person otherwise aggrieved or adversely affected by an application decision, may within ten days of the decision of the tree warden appeal the decision in writing to the tree commission, which shall review the matter, holding a hearing when appropriate, and make its decision within 30 days.
(Ord. of 5-24-99, § 9)
Sec. 38-190. Violations; penalties.
Any person violating any provision of this article shall be deemed guilty of a misdemeanor. Citations as to violations shall be made and issued by the tree warden. The town's municipal court shall have jurisdiction to try such offenses. Any person convicted of such a violation shall be subject to a fine up to $300.00 and/or the value of trees removed or of the damage to trees not removed. The value of the loss or damage shall be determined by the tree warden based on the latest formula published by the International Society of Arboriculture.
(Ord. of 5-24-99, § 10)
Nothing in this article shall impose any new or additional liability on the town, members of the town council, or any of its officials or employees, nor relieve the owner or occupant of any property from the legal responsibility they otherwise have in regard to keeping property in a safe condition and free from public hazards.
(Ord. of 5-24-99, § 11)
Secs. 38-192—38-220. Reserved.
Sec. 38-221. Policy and purpose.
Litter on and alongside public places and shoreside areas of the town, as well as private property, defiles the appearance of the community, denying to the public the full enjoyment of a clean and beautiful natural environment. The effects are adverse to public health and economic progress, as well as to community pride and the town's reputation. While existing town ordinances (e.g., Town Code, chapter 66) deal with solid waste management and disposal in furtherance of state law and policy (G.L. § 37-15-1, et seq.). there is need for a specific provision in town law directed at litter as defined in this article, in order to effectively address this problem.
(Ord. of 4-10-00(1))
As used in this article, the following words shall have the meanings given below:
Litter means trash, waste, rubbish, ashes, cigarette butts, bottles, glass, cans, boxes, wrappings, paper, plastic, wire, garbage, debris or anything else thrown, dropped, placed, or discarded, or otherwise disposed of in a manner not in accordance with state and town law, on public space, private property without permission of the owner or legal occupant, or in the waters of the town.
Person means any person, corporation, firm, partnership, company, association or other legally established organization.
Public space means land, water, streets, highways, waterways, sidewalks, public ways and public grounds (including schools, parks and town forests) owned by the town, as well as by the state.
(Ord. of 4-10-00(1))
Sec. 38-223. Littering prohibited.
No person shall throw, drop, place, discard, or otherwise dispose of litter upon public space, private property without permission of the owner or legal occupant, or in the waters of the town unless such acts are done in accordance with state and town law relating to the management, disposal and storage of such matter.
(Ord. of 4-10-00(1))
(a) The main purpose of this article is to focus public attention on the litter problem and to encourage voluntary compliance in the public spirit. Any person that does not comply and is convicted of a violation of this article shall be subject to the following penalties:
(1) First offense—Fine of not less than $30.00, nor more than $300.00, and/or the violator may be ordered to pick up litter in the town for not less than one nor more than ten hours.
(2) Subsequent offenses—Fine of not less than $100.00, nor more than $500.00, and/or the violator may be ordered to pick up litter in the town for not less than two nor more than 20 hours.
(3) In addition to other penalties, a person convicted of a violation of this article shall be liable for the removal or cost of removal of the litter involved.
(b) All departments and agencies of the town shall assist the town police department in the enforcement of this article.
(c) The town's municipal court shall have jurisdiction to try violations of this article. In addition to imposing the penalties enumerated above, the court may hold the registration of any vehicle owned by a violator that is used in the act of littering until the liability referred to in subsection (a) above is satisfied (see G.L. § 37-15-7(d)).
(Ord. of 4-10-00(1))
[1]Cross reference(s)—Smoking prohibited in public buildings, § 50-5.
State law reference(s)—Local health regulations, G.L. 1956, § 23-19.2-1 et seq.
[2]Cross reference(s)—Abandoned vessels, § 14-196; depositing automobile bodies in landfills, § 66-79.
[3]Cross reference(s)—Excavations, § 70-3.
[4]Editor's note(s)—An ordinance of March 26, 2007, in effect repealed the former article IV, §§ 38-101—38-106, 38-121—38-123 and 38-136—38-145, and enacted a new article IV as set out herein. The former article IV pertained to similar subject matter and derived from the Code of 1967, §§ 18-1—18-17 and 18-19.
Cross reference(s)—Muffling devices on boats, § 14-225.
[5]Editor's note(s)—An Ord. of 4-10-00(1) added a new article VI, sections 38-1—38-4. In order to prevent the duplication of articles, and to maintain consistent section numbers, the provisions of said ordinance have been included herein as article VII, sections 38-221—38-224, at the discretion of the editor.