[Amended 11-4-2014]
The Town shall have all the powers now or hereafter
granted to towns by the home rule and other provisions of the Constitution
and General Laws of this State together with all such additional powers
as have been granted or hereafter may be granted to the Town by the
laws of the State, and shall have complete powers of legislation and
administration in relation to its municipal functions together with
all powers fairly implied in or incident to the powers expressly granted.
The Town Council shall have power to enact ordinances and to make
rules and regulations necessary and proper for carrying into execution
its powers; and such ordinances may be made enforceable by the imposition
of fines, forfeitures and penalties not exceeding five hundred ($500.00)
dollars and by imprisonment for a period not exceeding thirty (30)
days for any one offense. Subject to approval by the Town Council,
all other boards, agencies or commissions of Town government shall
have the power to adopt rules and regulations necessary and proper
for carrying into execution the powers granted to such boards, agencies
and commissions by the charter, the ordinances of the Town or the
laws of Rhode Island.
The Town may acquire real and personal estate
within or without its corporate limits in fee simple or any lesser
interest or estate, by purchase or lease, by condemnation for public
use, or by gift or devisee, and may hold and manage the same; and
may also take, hold and manage the same in trust for any charitable,
other than religious, uses.
[Amended 11-2-2004; 11-4-2014]
The Town Council by ordinance enacted by the
Council specifying at least generally the terms, conditions, manner
of sale, lease or change in use and describing at least generally
the particular property to be sold, leased, conveyed or its use changed,
may from time to time sell, lease, convey or use for any other public
or municipal purpose or purposes, or for any purpose whatsoever (subject
in the case of a sale or a lease of more than two years to approval
thereof by a vote of the Financial Town Meeting at which the special
mention thereof has been made, and notice given of the proposal in
the warrant issued for the public notice of the meeting), any real
estate or interest therein (other than that dedicated or devoted to
school uses) owned by the Town which has been purchased, acquired,
used or dedicated in any manner, whether public or proprietary, for
municipal or other public purposes, whenever in the opinion of the
Council, and the Financial Town Meeting, if required, such real estate
or interests therein has become unsuitable or has ceased to be used
for such purposes. Subject to ratification by the Town Council by
resolution, the School Committee may lease any real property over
which it shall have jurisdiction for a term of not more than one year
but may not otherwise sell, transfer, lease, or dispose of any interest
in real property no longer required for school use. Notwithstanding
anything in this Section to the contrary, the Town Council by ordinance
shall have the power to grant and to abandon any utility and access
easements without the approval of the Financial Town Meeting.
[Amended 11-2-2004]
By like ordinance of the Council, but without
vote of the Financial Town Meeting, the Town Council may authorize
the sale, lease, change in use, or other disposition by the Town Manager
or any officer or department, of personal estate whether used for
municipal or other public purposes or held in its proprietary capacity,
provided, however, that such authority concerning personal estate
devoted to school use shall be granted by recorded vote of the School
Committee taken at a regular public meeting, which vote shall specify
at least generally the terms, conditions, manner of sale, lease or
change in use, and describe at least generally the particular property
to be sold, leased, or its use changed.
The Council by ordinance or by general or special
rule may from time to time authorize, or grant any elected or appointed
official, committee or board of the Town power to authorize such incidental
use of the real and personal estate of the Town for conventions, tournaments,
performances, meetings, and other business, social and recreational
events as has been granted in the past or may hereafter be desirable,
and as may reasonably contribute to the public use, service or welfare
of the people, and which the Council or the official, committee or
board find will not interfere with any essential business or function
of the government for which the property may be held, provided that
the use of property devoted to school use shall be subject to such
consent and additional rules and regulations and charges of the School
Committee as are not inconsistent with any vote or appropriation of
a Financial Town Meeting. The Council or the official, committee,
or board under authority of the Council, may from time to time grant
or retain priorities in use for inhabitants of the Town or for certain
organizations or public uses, may establish rules and regulations
and fix charges for the various uses and users, or, subject to any
expenses being within an appropriation of the Financial Town Meeting,
may omit the charge for such use, provided, however, that no use shall
be granted for purely private purposes without charge. The School
Committee at any regular public meeting by recorded vote may declare
any real property controlled by it to be excess and no longer necessary
for school uses, and shall give notice of such vote by filing a certified
copy thereof with the Town Clerk, whereupon the School Committee shall
have ceded jurisdiction over such property to, and all jurisdiction
with respect to the management and disposition of the same, shall,
subject to the provisions of this Charter, be vested in the Town Council.
Property held by the Town upon charitable uses
shall be held, administered and disposed of in the name and on behalf
of the Town, by the body now or hereafter entrusted with its administration,
or if none is specified, then by the Council, in accordance with the
terms of the gift and the laws of the State with respect to property
held upon charitable trusts.
[1]
Editor's Note: Spelling of "admintration"
corrected.
Public highways not owned by the Town in fee
simple absolute may not be sold, but may be abandoned in accordance
with the laws now or hereafter in effect on such abandonment.
Public franchises shall be granted only in accordance
with the laws now or hereafter in effect on such grants.
Except as prohibited by the Constitution of
this State or restricted by this Charter, the Town shall have and
may exercise all municipal powers, functions, rights, privileges,
and immunities of every name and nature whatsoever.
The enumeration of particular powers by this
Charter shall not be deemed to be exclusive, and in addition to the
powers enumerated therein or implied thereby, or appropriate to the
exercise of such powers, it is intended that the Town shall have and
may exercise all powers which, under the Constitution of this State,
it would be competent for this Charter specifically to enumerate.
[1]
Editor's Note: Former Section 1-3-11, Effect of state law,
was repealed 11-4-2014.
In the event of conflict between any Town ordinance
or resolution and any law of the state, except a law enacted in conformity
with the powers reserved to the General Assembly by the Constitution
of the State, the provisions of the town ordinance or resolution shall
prevail and control.
Except insofar as they are inconsistent with
this Charter, all the ordinances, rules, regulations and resolutions
heretofore made by the Council or any board or commission, shall continue
in effect until superseded by action of the Council, board or commission.
All laws relating to the Town of Barrington
are hereby superseded to the extent that the same are inconsistent
with the provisions of this Charter, except such laws as are enacted
in accordance with the powers reserved to the General Assembly by
the Constitution of the State.
To the extent that any specific provision contained
in this Charter conflicts with any provision expressed in general
terms, the specific provision shall prevail.
All powers of the Town shall be exercised in
the manner prescribed by this Charter, or if the manner not be prescribed,
then in such manner as may be prescribed by ordinance.
No employee of the Town or any person holding
paid Town public office during the course of employment or tenure
in office shall be eligible to stand for election to, or to hold,
elective office within, the Town. The term "paid town public office"
shall include membership on the Board of Assessment Review. The term
"elective office" shall include membership on the Committee on Appropriations,
the Town Council, the School Committee and Moderator. The elective
office of any person within the Town who accepts paid Town public
office shall, upon such acceptance, become vacant.
