[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; 11-5-2024]
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 Referendum at which the special mention thereof has been made in the notice given), 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, with the approval of the Financial Town Referendum, 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 Referendum.
[Amended 11-2-2004; 11-5-2024]
By like ordinance of the Council, but without vote of the Financial Town Referendum, 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.
[Amended 11-5-2024]
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 Referendum. 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 Referendum, 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.
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.
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.