[HISTORY: Adopted by the Council of the City of Pawtucket as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 7-25-1996 by Ch. 2420]
The Charter and ordinances of the City of Pawtucket as codified by General Code, and consisting of the Charter and Chapters 1 through 410, together with an Appendix, shall be known collectively as the "Code of the City of Pawtucket," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the City of Pawtucket to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, Article number or section number appearing in the Code as if such ordinance had been formally amended to so read.
In the construction of this Code and of all other city ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council:
City. The words "the city" or "this city" shall be construed as if the words "of Pawtucket" followed them.
Computation of time. Whenever time is to be reckoned from any day, date or act done or the time of any act done, such day, date or the day when such act is done shall not be included in such computation.
Council or City Council. Wherever the words "Council" or "City Council" are used, the same shall be held to mean the "City Council of Pawtucket." On all matters relating to licensing, wherever the words "Council" or "City Council" are used, the same shall be held to mean the "City Council of Pawtucket or the City Council of Pawtucket sitting as the Pawtucket Board of License Commissioners."
[Amended 11-8-2012by Ch. No. 3016]
County. The words "the county" or "this county" shall mean Providence County, Rhode Island.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
May. The word "may" is permissive.
Month. The word "month" shall mean a calendar month.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person or thing.
Oath. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples against taking an oath. An affirmation has the same effect as an oath.
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
Shall. The word "shall" is mandatory.
State law references. Whenever reference is made to the "General Laws," "Gen. Laws" or R.I.G.L. this shall mean the General Laws of Rhode Island. Whenever reference is made to "Public Laws" or "P.L.", this shall mean the Public Laws of Rhode Island.
Time. Words used in the past or present tense include the future as well as the past and present.
Gender neutrality. Whenever the context so requires, reference in the Code and supplements to the Code to the masculine gender shall include the female gender or the neuter gender.
Definitions. As used in this ordinance and the Code of the City of Pawtucket, the following terms shall have the meanings indicated:
- FIRE DIVISION
- The Fire Division of the Department of Public Safety of the city.
- IN THE CITY or WITHIN THE CITY
- Includes all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
- KEEPER and PROPRIETOR
- Includes persons, firms, association, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
- LAND or REAL ESTATE
- Includes lands, tenements and hereditaments and rights and easements of incorporeal nature.
- Applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land.
- Applies to associations, societies, clubs, firms, partnerships and bodies politic and corporate as well as to individuals.
- PERSONAL PROPERTY
- Includes every species of property except real property, as herein defined.
- POLICE DIVISION
- The Police Division of the Department of Public Safety of the city.
- Includes real, personal and mixed estates and interests.
- PUBLIC PLACE
- Includes any park, cemetery, school yard or open space adjacent thereto and any lake or stream.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- That part of the street exclusively reserved for pedestrians and constructed for such purpose.
- SIGNATURE OR SUBSCRIPTION
- Includes a mark when the person cannot write.
- STATE or THIS STATE
- The State of Rhode Island.
- Embraces streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.
- TENANT or OCCUPANT
- Applied to a building or land, includes any person holding a written or oral lease of, such building or land or who occupies the whole or part of such building or land, either alone or with others.
- WRITTEN or IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
- A calendar year.
The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Pawtucket, and it is the intention of said City Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances or sections of the 1966 Code as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-5 below.
All ordinances of a general and permanent nature heretofore adopted by the City Council of the City of Pawtucket and in force on the date of the adoption of this ordinance and not included in the Code of the City of Pawtucket are hereby repealed as of the effective date of this ordinance, except as hereinafter provided. The repeal provided for in this section includes those sections of the 1966 Code indicated on the document entitled "Derivation Table in the 1966 Code" as "not desired by governing body" or otherwise noted as repealed by a specific ordinance.
The repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following classes of ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance or resolution adopted subsequent to March 25, 1996.
Any right or liability established, accrued or incurred under any legislative provision of the city prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the city, or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the city.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the city.
Any ordinance or resolution of the city providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the city, or any portion thereof.
Any ordinance or resolution of the city appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the city or other instruments or evidence of the city's indebtedness.
Ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any ordinance or resolution relating to salaries and employee benefits.
Any rules, regulations, standards or specifications referred to or authorized to be adopted by any ordinance or resolution included in the Code.
Any ordinance adopting or amending the Zoning Map of the city.
All ordinances pertaining to the regulation of vehicles and traffic, including Ch. 19 of the 1966 Code, Ch. No. 2024, Ch. No. 2300, Ch. No. 1115, and all amendments and supplements therefor.
Section 2 of Ch. No. 1408, approved 6-29-1973 (acceptance of New Court).
Chapter No. 2409, approved March 25, 1996, maintaining a special revenue account.
In compiling and preparing the ordinances for publication as the Code of the City of Pawtucket, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one (1) or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
In addition, the amendments and/or additions set forth in Schedule A attached hereto are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 7-25-1996 by Ch. No. 2420." A complete description of all changes is on file in the city offices.
In addition, the following general nomenclature changes were made throughout the Code.
In the Code and the future supplementation thereof, it shall be considered acceptable to refer to departments, divisions, directors, boards, etc., by the name used in the Charter or the reversal thereof. For example, the Division of Police may be referred to as the Police Division; the Director of Personnel may be referred to as the Personnel Director; the Department of Planning and Redevelopment may be referred to as the Planning and Redevelopment Department; etc.
Generally names of division, departments, boards and commissions were made to jibe with names of such division, department, board or commission as set forth in the Charter of the City of Pawtucket, including the following:
Department (or Director) of Community Medical Services and Director of Health or Health Officer to Director of Planning and Redevelopment in Chapter 116, Article II; to Animal Control Officer in Chapter 116, Articles III and IV, or Director of Zoning and Code Enforcement in Chapter 218, Article I, Chapter 263, or Supervisor of the Environmental Control Division in Chapter 347, Article I.
A copy of the Code of the City of Pawtucket, in loose-leaf form, has been filed in the office of the City Clerk of the City of Pawtucket and shall remain there for the use of and examination by the public until final action is taken on this ordinance; and if this ordinance shall be adopted, such copies shall be certified to by the City Clerk of the City of Pawtucket, and such certified copies shall remain on file in the office of said City Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Chapter and Article titles, headings and titles of sections and other divisions in the Code, or in supplements made to the Code, are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
Any and all additions, deletions, amendments or supplements to any of the ordinances known collectively as the "Code of the City of Pawtucket" or any new ordinances, when enacted or adopted in such form as to indicate the intention of the City Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code of the City of Pawtucket shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the City of Pawtucket be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance or regulation contained herein, and such ordinances or regulations may be amended, deleted or changed from time to time as the City Council deems desirable.
It shall be the duty of the City Clerk, or someone authorized and directed by the City Clerk, to keep up-to-date the certified copies of the book containing the Code of the City of Pawtucket required to be filed in the office of the City Clerk for the use of the public. All changes in said Code and all ordinances adopted by the City Council subsequent to the enactment of this ordinance, in such form as to indicate the intention of said City Council to be a part of said Code, shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or ordinances until such changes or ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code book containing the Code of the City of Pawtucket may be purchased from the City Clerk upon the payment of a fee to be set by resolution of the City Council, which may also arrange by resolution for procedures for the periodic supplementation thereof.
The City Clerk of the City of Pawtucket, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this ordinance in the official newspaper of the city. A copy of the Code of the City of Pawtucket shall be maintained in the office of the City Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
The standard time throughout the city is that of the 75th meridian of longitude west from Greenwich, except that at 2:00 a.m. from the last Sunday in April of each year, such standard time shall be advanced one (1) hour, and at 2:00 a.m. of the last Sunday in October of each year, such standard time shall, by the retarding of one (1) hour, be returned to the mean astronomical time of the 75th meridian of longitude west from Greenwich, and all courts, public offices and legal and official proceedings shall be regulated thereby
The Seal of the city shall be in circular form, having in its center a view of the Main Street Bridge and the lower falls, and in the margin the words "City of Pawtucket, Incorporated 1886."
The City Clerk shall be ex officio keeper of the City Seal, and he or she is empowered to affix the same to such papers and instruments pertaining to the city as by law are required to bear the Seal of the city.
The following shall be the Seal of the City Council: around the margin of the same, a raised circle containing the words "Council, Pawtucket," within which circle, a likeness of Samuel Slater, with his name beneath.
The following shall be the Seal of the Mayor: a raised circle containing the words, "Seal of the Mayor, Pawtucket, R.I.," within which circle a likeness of the Goddess Minerva, with the motto "Minerva custos urbis" beneath.
In the service of all notices, orders, writs, precepts and other papers of the several departments of the city government, its officers and servants, excepting the Police Division, preference shall be given to the City Sergeant, provided that such notices, writs and other papers may be legally served by such officer.
Any person who, without authorization from the City Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the City of Pawtucket, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the city to be misrepresented thereby, or who violates any other provision of this ordinance shall, upon conviction thereof, be punishable by a fine of not more than five hundred dollars ($500.) or by imprisonment for not more than thirty (30) days.
Except where otherwise provided, whenever in this Code or in any ordinance of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or, her or if any act is prohibited or is made or declared to be made unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful or an offense where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, rule, regulation or order shall, for any one (1) offense, be punished by a minimum fine of twenty-five dollars ($25.) and a maximum fine of five hundred dollars ($500.) or imprisonment not exceeding thirty (30) days. Each day any violation of any provision of this Code on any such ordinance, rule, regulation or order shall continue shall constitute a separate offense.
All fines and penalties for the violation of this Code or of any city ordinance, rule, regulation or order shall be recoverable by complaint, warrant or other appropriate legal process before any tribunal having jurisdiction thereof and when recovered shall enure to the use of the city unless otherwise specially provided by general law or in the ordinance respecting the same.
If any clause, sentence, paragraph, section, Article or part of this ordinance, or of any ordinance or regulation included in the Code of the City of Pawtucket, or of any ordinance or resolution incorporated into the Code hereafter, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This ordinance shall take effect upon its passage.