The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Code of Ordinances Town of
Cumberland, Rhode Island," and may be so cited.
In the construction of this Code and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Town Council:
CHARTER
Whenever the words "Charter" or "the Charter" are used they
mean the Home Rule Charter of the Town of Cumberland, Rhode Island,
as printed in Part I of this volume.
CODE
The Ordinances of the Town of Cumberland, Rhode Island, as designated in §
1-1.
COMPACT PART OF THE TOWN
Includes all territory included within the boundaries of
each of the villages of the Town of Cumberland.
COMPUTATION OF TIME
Unless otherwise specifically provided, the time within which
an act is required by law to be done shall be computed by excluding
the first day and including the last; except, that the last shall
be excluded if it be Sunday.
COUNCIL
The Town Council of Cumberland.
COUNTY
Providence County, Rhode Island.
GENDER
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations,
as well as to males.
IN THE TOWN
Includes all territory over which the Town has or shall acquire
jurisdiction for the exercise of its police powers or other regulatory
powers.
JOINT AUTHORITY
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
KEEPER and PROPRIETOR
Includes persons, firms, associations, corporations, clubs
and copartnerships, whether acting by themselves or as servants, agents
or employees.
LAND
Includes rights and easements of incorporeal nature.
NUMBER
A word importing the singular number only may extend and
be applied to several persons and things as well as to one 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.
OWNER
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.
PERSON
Extends and is applied to associations, societies, clubs,
firms, partnerships, bodies politic and foreign and domestic corporations,
as well as to individuals.
PERSONAL PROPERTY
Includes every species of property, except real property,
as defined in this section.
PROPERTY
Includes real, personal and mixed estates and interests.
PUBLIC PLACE
Includes any park, cemetery, schoolyard or open space adjacent
thereto and any lake or stream.
SHALL, MAY
The word "shall" is mandatory; the word "may" is permissive.
SIDEWALK
That part of the street exclusively reserved for pedestrians
and constructed for such purpose.
STATE
The State of Rhode Island.
STATE LAW REFERENCES
Whenever reference is made to the "General Laws" or "G.L.,"
this means the General Laws of Rhode Island, 1956. Whenever reference
is made to "Public Laws" or "P.L.," this means the Public Laws of
Rhode Island.
STREET
Is construed to embrace streets, avenues, boulevards, roads,
alleys, lanes, viaducts and all other public highways in the Town.
TENANT or OCCUPANT
Applied to a building or land, includes any person holding
a written or oral lease of or who occupies the whole or a part of
such building or land, either alone or with others.
TIME
Words used in the past or present tense include the future,
as well as the past and present.
TOWN
Is construed as if the words "of Cumberland" followed them.
WRITTEN, IN WRITING
Includes any representation of words, letters or figures,
whether by printing or otherwise.
It is declared to be the intent of the Town Council that the
sections, paragraphs, sentences, clauses and phrases of this Code
are severable, and if any phrase, clause, sentence, paragraph or section
of this Code shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code, since the phrase, clause, sentence,
paragraph or section would have been enacted by the Town Council without
incorporation in this Code of any such unconstitutional phrase, clause,
sentence, paragraph or section.
The provisions appearing in this Code, so far as they are the
same as those ordinances existing at the time of the effective date
of this Code, shall be considered as continuations thereof and not
as new enactments.
Nothing in this Code or the ordinance adopting this Code shall
be construed to repeal or otherwise affect the validity of any of
the following when not inconsistent with this Code:
(1) Any ordinance promising or guaranteeing the payment of money by the
Town, or authorizing the issuance of any bonds of the Town, or any
evidence of the Town's indebtedness, or any contract, agreement,
lease, deed or other instrument or obligation assumed by the Town
or creating interest and sinking funds;
(2) Any right or franchise, permit or other right granted by any ordinance;
(3) Any personnel regulations; any ordinance establishing salaries of
Town officers and employees or civil service rules;
(4) Any ordinance dedicating, naming, establishing, locating, relocating,
opening, paving, widening, repairing or vacating any street, alley
or other public way in the Town;
(5) Any ordinance establishing and prescribing the street grades in the
Town;
(6) Any appropriation ordinance or any ordinance levying or imposing
taxes;
(7) Any ordinance providing for local improvements and assessing taxes
therefor;
(8) Any ordinance dedicating or accepting any plat or subdivision in
the Town;
(9) Any ordinance establishing the official plat of the Town;
(10) Any zoning map amendment or land use, rezoning or zoning ordinance;
(11) Any ordinance annexing territory or excluding territory from the
Town;
(12) Any ordinance prescribing traffic regulations for specific locations
and prescribing through streets, parking limitations, parking prohibitions,
one-way traffic, limitations on loads of vehicles or loading zones
not inconsistent with such Code;
(13) Any subdivision ordinance or regulation;
(14) Any ordinance creating special districts or assessing taxes therefor;
(15) Any ordinance granting specific tax exemptions;
(16) Any temporary or special ordinance;
(17) Any administrative ordinance;
and all such ordinances are recognized as continuing in full
force and effect to the same extent as if set out at length in this
section.
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[Ord. No. 96-3, § 1, 2-21-1996]
(a) All ordinances passed subsequent to this Code which amend, repeal
or in any way affect this Code may be numbered in accordance with
the numbering system of this Code and printed for inclusion in this
Code or, in the case of repealed chapters, sections and subsections
or any part thereof by subsequent ordinances, such repealed portions
may be excluded from the Code by omission thereof from reprinted pages
affected thereby, and the subsequent ordinances, as numbered and printed
or omitted in the case of repeal, shall be prima facie evidence of
such subsequent ordinances until such time that this Code and subsequent
ordinances numbered or omitted are readopted as a new Code by the
Town Council.
(b) Amendments to any of the provisions of this Code should be made by
amending such provisions by specific reference to the section of the
Code in substantially the following language:
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"That section _____ of the Code of Ordinances, Town of Cumberland,
Rhode Island, is hereby amended to read as follows: . . . (set out
new provisions in full) __________."
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(c) If a new section not existing in the Code is to be added, the following
language may be used:
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"That the Code of Ordinances, Town of Cumberland, Rhode Island,
is hereby amended by adding a section (or article, chapter or other
designation, as the case may be), to be numbered __________, which
reads as follows: . . . (set out new provisions in full) _____________."
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(d) All sections, articles, chapters or other provisions of this Code
desired to be repealed should be specifically repealed by section
number, article number, chapter number or other number, as the case
may be.
(e) At the time of presentation of any rule, resolution or ordinance
to the Town Council, the proponent of such legislation, through the
finance director, shall attach thereto a fiscal note which can be
calculated with reasonable accuracy to any financial impact the rule,
resolution or ordinance, if adopted, would have on the Town. The fiscal
note shall include, but not be limited to, the following:
(1) Materials to be expended.
(3) Costs of enacting the ordinance including, but not limited to, costs
of advertising and certified or registered postage.
(4) Cost of administering, if determinable.
(5) Whether such costs are budgeted under the Town's current budget
and, if not, where the appropriation shall originate.
(6) Effect on the tax rate of the Town or projected tax revenues.