[HISTORY: Adopted by the Town Council of
the Town of East Greenwich as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
STATE LAW REFERENCES
Removal of obstructions — See
R.I.G.L. § 24-5-9.
Authority to require snow and ice removal — See
R.I.G.L. § 24-5-14.
Authority to regulate sidewalks — See
R.I.G.L. § 24-7-1.
[Adopted 6-22-1993 by Ord. No. 595 as
Secs. 20-1 to 20-5 of the 1993 Code]
No person shall carry or convey, nor cause to
be carried or conveyed in any street, highway, square or park, any
ashes, bituminous coal, gravel, crushed gravel, sand, loam, dirt or
rubbish unless the receptacle or vehicle containing such ashes, bituminous
coal, gravel, crushed gravel, sand, loam, dirt or rubbish shall be
closely covered.
[Amended 10-30-2006 by Ord. No. 776]
A.
Business establishments may use sidewalks abutting
their establishments for outside dining or sales to the extent that
the use of the sidewalk is reasonably and necessarily related to the
nature and operation of the business establishments.
B.
All tables, chairs, signs, racks and merchandise must
be removed from the sidewalk or right-of-way whenever the business
is closed or during parking bans. The entire sidewalk in front of
a business establishment will be kept at all times neat, clean and
free of debris, with any and all debris immediately removed so as
not to cause a hazard or annoyance to pedestrians.
[Amended 1-25-2016 by Ord. No. 847]
C.
Regardless of any conditions, a public right-of-way
shall be maintained at all times on public sidewalks as mandated by
the Americans with Disabilities Act, 42 U.S.C. § 12132.
D.
The Town of East Greenwich is specifically exempt
from any conditions or limitations imposed by this article.
Each person erecting or repairing any building
adjoining any public street or highway, who shall from necessity allow
any lumber or other building material to remain after dark in such
street or highway, shall place, or cause to be placed and kept, proper
lights over or near such materials throughout the night so as to give
sufficient warning to all persons passing in or through such street
or highway.
The owner, occupant or any person having the
care of any building or lot of land bordering on any street, square
or public place within this Town where there is a sidewalk supported
by a curbstone shall, within the first four hours of daylight after
the ceasing of any snowfall, cause the snow which has accumulated
as a result of the snowfall or which has fallen from any building
to be removed therefrom and, in default thereof, shall be guilty of
an offense for each hour after the expiration of the four hours that
the snow shall remain on such sidewalk.
Whenever the sidewalk or any part thereof adjoining
any building or lot of land on any street shall be encumbered with
ice, it shall be the duty of the owner, occupant or any person having
the care of such building or lot to cause such sidewalk to be made
safe and convenient for travel over the sidewalk by removing the ice
therefrom or by covering the sidewalk with sand or some other suitable
substance. In case such owner, occupant, or other person shall neglect
to do so for the space of two hours during the daytime, he shall be
guilty of an offense, and an additional offense shall be committed
for each day thereafter that the ice shall continue to encumber such
sidewalk or any part thereof.
[Adopted 6-22-1993 by Ord. No. 595 as
Secs. 20-61 to 20-74 of the 1993 Code]
The provisions of this article shall not apply
to excavating or digging conducted by the State Department of Public
Works in the construction, improvement or maintenance of state roads
or to corporations operating steam or street railroads.
No person, including any utility company, shall
excavate or dig into any portion, including the curb, of any of the
public highways or make access onto any of the public highways in
the Town without having first obtained the special excavation permit
provided in this article.
The Director of Public Works of the Town may
at any time issue a special excavation permit authorizing any person
to excavate or dig into the public highways of the Town. Before issuing
such special permit, however, he shall first receive from such person
a written application setting forth the name and address of such applicant
and a designation of the particular portion of such public highways
which such applicant desires to excavate or dig into and a designation
of the purpose for which such excavation or digging is to be carried
on.
Before issuing the excavation permit required
by this article, the Director of Public Works shall first receive
a bond from the applicant running to the Town, in a sum not less than
$3,000, as the Director of Public Works may fix, with such sureties
as are satisfactory to the Director of Public Works. The bond is to
contain the conditions that the obligation of the applicant and sureties
shall be in full force and effect unless such applicant shall, upon
final completion of work, leave the public highways in as good condition
as before the commencement of the work, and that the Town shall be
free and harmless from all loss or damage arising by reason of any
fault or neglect on the part of the applicant in the performance of
the work. In addition, the Director of Public Works may require a
cash deposit in a lesser amount than the bond. If such a cash deposit
is required, the Director of Public Works may waive requirement of
the bond.
No person shall be issued an excavation permit
required by this article until he proves to the satisfaction of the
Director of Public Works that he has general liability insurance with
policy limits for personal injury of at least $100,000.
The fee for an excavation permit shall be enumerated in the fee schedule in Chapter 93, Fees.
The excavation permit required by this article,
if issued by the Director of Public Works, shall designate the purpose
of the excavating or digging permitted and shall designate the particular
portion of the public highways to be excavated or dug into and also
the time limit within which such excavation or digging shall be completed.
The Director of Public Works shall retain on record a duplicate of
the permit.
No person who has received the excavation permit
required by this article shall be authorized to excavate or dig into
the public highways of the Town at any other time or place or for
any other purpose than the time, place and purpose designated in such
permit.
No person who has received the excavation permit
required by this article shall do any work, excavating or digging
thereunder, except in conformity with such orders, rules or regulations,
general or special, established by the Director of Public Works of
the Town, as shall have been brought to the attention of such person
by notice in writing from the Director of Public Works.
The Director of Public Works may at any time
revoke any excavation permit required by this article, and thereupon
such person holding the permit shall cease to excavate or dig into
the public highways of the Town.
Every person opening a street or public way
must enclose the opening with sufficient barriers, must maintain red
lights at the opening by night, must take all necessary precautions
to efficiently guard the public against all accidents from the beginning
to the end of the work, and shall use every precaution against accidents
to persons, vehicles or property of any kind.
After the work for which the street or public
way is opened is completed, the backfilling must be puddled or solidly
rammed and, together with the replacing of ballast and paving, must
be done within 48 hours after the completion of the work; done so
as to make the sidewalk, gutter and roadway at least as good as they
were before they were disturbed; and done to the satisfaction of the
Director of Public Works.
All work shall be done in such a manner and
at such times as to interfere as little as possible with the public
travel and convenience, and to this end, every person shall conduct
the work as the Director of Public Works may from time to time direct.
Each person who shall make or maintain, or assist
in making or maintaining, any fire other than is specified by law
in any public highway, or in any way used by the public as a highway
in this Town, shall be guilty of an offense.
