[HISTORY: Adopted by the Town Council of
the Town of Lincoln as §§ 9-3-1 and 9-3-4 of the 1972
Code (Ch. 8, Art. I, §§ 8-2, 8-3 and 8-5, of the 1990
Code of Ordinances); amended in its entirety 2-15-2022 by Ord. No. 2022-1.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included Ord. No. 97-2.
A.
The Town Council has the authority under Article 13 of the Rhode
Island Constitution and the Lincoln Town Charter to regulate issues
of solid waste, litter and pollution as a local concern.
B.
The Town is committed to keeping its public and private spaces, recreational
areas and parks clean, safe, healthy, and pleasant for everyone.
C.
Litter is unsightly, unclean and a significant source of pollution
in the Town.
D.
The Town Council intends, by the enactment of this chapter, to protect
the environment and the public health, safety, and welfare of all
residents and visitors by controlling and removing litter from the
Town to the maximum practical extent possible.
As used in this chapter:
Including, but not limited to, garbage, trash, waste, rubbish,
ashes, cigarette or cigar butts, cans, bottles, wire, paper, cartons,
boxes, automobile parts, furniture, mattresses, glass, or anything
else of an unsightly or unsanitary nature thrown, dropped, discarded,
placed, or deposited by a person on public property, or on private
property not owned or occupied by the person, or in or on waters of
the Town, unless the person has i) been directed to do so by a public
official as part of a litter collection drive; or ii) thrown, dropped,
placed, or discarded the material in a litter receptacle in a manner
that prevented the material from being carried away by the elements.
A container or receptacle designed for and suitable for the
depositing of litter.
Any natural person, political subdivision, government agency,
public or private corporation, partnership, joint venture, association,
firm, individual proprietorship, or other entity whatsoever.
Any area that is used or held out for use by the public,
whether owned or operated by public or private interests.
No person shall throw, drop, deposit, discard, or otherwise
dispose of litter upon any public property in the Town, or upon private
property in the Town not owned or occupied by him or her, or in the
waters of the Town, except into a litter receptacle in a manner that
the litter will be prevented from being carried away by the elements.
Any person who violates any of the provisions of this chapter
shall be subject to the following penalties:
A.
Any person convicted of a first violation of this chapter shall be
subject to a fine of not less than $100, nor more than $500. In addition
to, or in lieu of, the fine imposed hereunder, the person so convicted
may be ordered to pick up litter for not less than two hours, nor
more than 25 hours.
B.
Any person convicted of a second or subsequent violation of this
chapter shall be subject to a fine of not less than $500, nor more
than $1,000. In addition to, or in lieu of, the fine imposed upon
a second or subsequent violation of this chapter, the person so convicted
may be ordered to pick up litter for not less than four hours, nor
more than 50 hours.
C.
Any person convicted of a violation of this chapter shall, in addition
to all other penalties, be liable for the removal of all litter or
ordered to pay restitution for the cost of removal of all litter illegally
disposed of by that person.
