Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[Ord. No. 99-43, § 3, 12-1-1999]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Whenever any words and phrases used in this chapter are not defined in this section, but have the meaning respectively ascribed to them by G.L. 1956, § 31-1-2 of the state motor vehicle code act, any such definitions therein shall be deemed to apply to such words and phrases in this chapter.
ALLEY or ALLEYWAY
A narrow street, usually without sidewalks, on which the rears or sides of buildings adjoin.
BUS STOP
An area on the roadway, adjacent to the curb or edge of the roadway, set aside for the boarding of, or alighting of, passengers from busses.
COMMERCIAL VEHICLE
Any vehicle registered for commercial purposes, designed and used primarily for the transportation of goods, wares, and/or merchandise.
CURB
A stone or concrete edging of the sidewalk or pavement.
CURB LOADING ZONE
A space adjacent to a curb reserved for the exclusive use of a vehicle during the loading or unloading of materials and/or passengers.
CURBLINE
The prolongation of the lateral line of a curb, or in the absence of a curb, the lateral boundary line of the roadway.
RURAL DISTRICT — Any territory not included in a business or residence district, whether or not within the boundaries or a municipality.
URBAN DISTRICT — Territory continuous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more.
FREIGHT CURB LOADING ZONE
A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of freight.
CONTROLLED ACCESS HIGHWAY — Every highway, street or roadway in respect to which owners or occupants of abutting land and other persons do have legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such street, highway and/or roadway.
DIVIDED HIGHWAY — A highway, roadway or street with separate roadways for traffic in opposite directions.
MAJOR HIGHWAY — The roadway approach or approaches at an intersection normally carrying the greater (major) volume or vehicular traffic.
MINOR HIGHWAY — The roadway approach or approaches at an intersection normally carrying a lessor (minor) volume of vehicular traffic.
MEDIAN
The portion of a divided street, roadway or highway separating the traveled ways of traffic in opposite directions.
NO-PASSING ZONE
A section of any street, roadway or highway designated by the public body or official having jurisdiction as one where overtaking and passing, or driving to the left of such roadway, street or highway, would be especially hazardous.
OFFICIAL TIME STANDARD
Whenever certain hours are named in this chapter or on traffic control devices, the time standard which is in current use in this state.
PARKING METER
A mechanical device regulating the amount of time a parked vehicle can legally remain in a marked meter zone according to regulations under this chapter.
PARKING METER ZONE
A designated location upon or within which the parking of vehicles is regulated by parking meters.
PAVEMENT
That part of the roadway, street or highway having a constructed surface for the facilitation of vehicular traffic.
POLICE OFFICER
Every officer of the municipal police department, or any officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations.
PUBLIC PARKING LOT
A plot of land, or building, owned and/or leased by this city, not including highways, roadways and streets, upon which the parking of vehicles is regulated by signs and/or parking meters.
RAMP
An inclined section of the way, over which traffic passes for the primary purpose of ascending or descending so as to make connections with other ways; or, an interconnecting roadway or traffic interchange, or any connection between highway facilities of different levels on which vehicles may enter or leave a designated highway.
SAFETY ZONE
The area or space officially set apart within the roadway, street or highway for the exclusive use of pedestrians, and which is protected, or is so marked or indicated, by adequate signs as to be plainly visible at all times while set apart as a safety zone.
STREET
See highway.
TAXI STAND
An area in the roadway, street or highway adjacent to the curb or edge of the roadway, street or highway set aside for the exclusive use of taxicabs for the stopping, standing, boarding or alighting of passengers.
TRAFFIC DIVISION
Either the traffic division of the police department or the traffic division of the department of public works of the city.
TRAFFIC ZONE
A strip of roadway, street or highway intended to accommodate the forward movement of a single line of vehicles.
[Ord. No. 99-43, § 3, 12-1-1999]
Except as otherwise provided by the city Council or by this chapter, the Director of Public Safety shall have the power, and it shall be his duty, to designate one-way streets, loading zones, restricted and prohibited areas, through streets, through streets, pedestrian crosswalks, taxicab stands, bus stops, parking lanes, hospital zones, school zones, and restricted speed areas. The Director of Public Safety shall also have the authority to determine the necessity for, and location of, stop signs, traffic lights, street markings, and all other signs, signals, markings and devices regulating traffic within the boundaries of the city.
[Ord. No. 99-43, § 3, 12-1-1999]
When the Director of Public Safety, in the exercise of his power given through § 38-2, has designated a one-way street, loading zone, restricted or prohibited parking area, through street, pedestrian crosswalk, taxicab stand, bus stop, parking lane, hospital zone, school zone, or restricted speed area, or has determined the necessity for, and the location of, a stop sign, traffic signal, street marking, or any other sign, signal, marking or device regulating traffic, he shall notify the Chief of Police, in writing, of such designation or determination. It shall then be the duty of the Chief of Police to notify the traffic division of the city of such order, and compliance with this section will be followed as provided in Article XII, § 1202A and B, of the Charter.
[Ord. No. 99-43, § 3, 12-1-1999]
When the Chief of Police has received the notice provided in the preceding section, he shall, except as otherwise provided in this chapter, cause to be erected all signs, signals, markings and traffic control devices necessary to comply with the designation and/or determination of the Director of Public Safety, as provided in Article XII, § 1202 A. and B of the Charter.
[Ord. No. 99-43, § 3, 12-1-1999]
Fire and police department vehicles, and all other authorized emergency vehicles, shall have the right-of-way in any street, roadway or highway, or through a procession, and shall not be limited in time for stopping, standing or parking by anything contained in this chapter. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a red and/or blue light visible, under normal atmospheric conditions, from a distance of 500 feet to the front of such vehicle, other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right-of-way, and shall immediately drive to a position to, and as close as possible to, the righthand edge or curb of the roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
[Ord. No. 99-43, § 3, 12-1-1999]
No person shall stand on any footwalk, sidewalk, doorway, doorstep or driveway in such a manner so as to cause obstruction, hindrance, delay, disturbance or annoyance to any passerby or other persons residing or doing business in the vicinity, nor shall any person operate a motor vehicle or other conveyance and fail to yield the right-of-way to a pedestrian anywhere on a crosswalk, before which a sign shall have been posted giving notice of such local traffic regulation to yield such right-of-way.
[Ord. No. 99-43, § 3, 12-1-1999]
Any person who violates or fails to comply with any of the provisions of this chapter, and/or amendments thereto, shall be punishable by a fine not exceeding $50 for parking related violations, and a fine not exceeding $100 and/or imprisonment for a period not exceeding 10 days, or both such fine and imprisonment, for non-parking related violations.
[Ord. No. 99-43, § 3, 12-1-1999]
(a) 
Payment of fines. Generally, a person charged with a violation of any traffic regulation relating to stopping, standing, parking and/or operation of vehicles, and notified in writing by a police officer to appear to answer such charges before the municipal court of the city, may, in lieu of such appearance, elect to appear, in person or through someone duly authorized by him in writing, before the clerk of the municipal court, admit the truth of the charge, and pay to such clerk of the court the designated fine, provided that such appearance, admission and payment be made at the office or such clerk of the court during the regular business hours, within seven days of such notification, and failure to appear shall be deemed a waiver of the right to dispose of such charge without personal appearance before the municipal court of the city.
(b) 
Notice of violation. The notice of violation provided in this section shall indicate the offense charged, the schedule of fines for such violations, the time within which the privilege of paying such fine by mail may be exercised, the place to which such fine may be mailed, and shall also contain such information as will enable the person charged to take advantage of the provisions of this section.
(c) 
Effect of payment of fines. The payment of a fine to the clerk of the municipal court, or by mail to the clerk of the police department, as provided in this chapter, for the violation of a traffic regulation pertaining to the stopping, standing, parking or operation of a motor vehicle shall be a final disposition of the charge, and such proceedings shall not be deemed criminal.
(d) 
Mailing payments. Notwithstanding anything contained in this section, any person charged with any of the aforesaid violations relating to stopping, standing or parking of vehicles may elect to mail in the violation tag to the clerk of the police department, accompanied by the payment of the designated fine, plus an additional $5 for processing, and the name and address of the violator. The privilege of paying such fine by mail, exercised within seven days from the date of the offense, and the date of depositing the payment of such fine in a depository maintained by the United States Postal Department for the collection of mail, and the postage cancellation, shall be prima facie evidence of the time of deposit. When mail is used for the payment of such fines, the payment may be made in cash or by check or money order. When such payment is attempted with a check drawn against insufficient funds, an additional penalty of $10 shall be imposed against the violator. When such payment is made in cash, it shall be at the risk of the sender, and the record of the clerk of the police department shall be conclusive as to receipt of such payment, and the amount thereof, in the absence of written evidence to the contrary.
(e) 
Effect of multiple violations relating to operation of motor vehicles. Notwithstanding anything contained in this section, disposition of a traffic violation charge relating to operation of a motor vehicle without personal appearance before the municipal court of the city may not be exercised by any person who in the consecutive period or 12 months next preceding such charge has been two times in the aggregate adjudged guilty by such municipal court of any violation of any regulation pertaining to operation of vehicles, or by any such person who has admitted the truth of such charge made against him under the provisions of this chapter. Further, notwithstanding anything contained in this section, no person shall dispose of or answer to a traffic violation charge relating to the operation of motor vehicles except by personal appearance in the municipal court of the city. In those cases where such a citation is issued for a violation relating to or preceding an accident which results in injury to a person or property damage, in all such cases, personal appearance must be made before a judge of the municipal court of the city, who, upon a plea, or finding of guilty, may impose any penalty authorized by ordinance or law.
(f) 
Maintenance and equipment replacement fund. The municipal court and the city will deposit all funds earmarked for the police department equipment fund, which would be established as $5 from each citation issued, and appearing before such municipal court, as well as the set payment of $5 from each citation issued and paid through the use of mail-in payments to the municipal court, or to the city. The Chief of Police and the administrative officer of the police department will be co-directors of such equipment fund, accountable to the Director of Public Safety. The administrative officer of the police department will maintain the C.A.R.E. equipment fund, and make expenditures through a special account, as established. All expenditures would be signed by the Chief of Police and the administrative officer.
[Ord. No. 99-43, § 3, 12-1-1999]
(a) 
No person shall wilfully fail or refuse to comply with any lawful order or direction of a police officer. A driver or person having charge of a vehicle in a street shall not refuse or neglect to stop such vehicle or, if stopped, to start such vehicle and place it where, when, and as directed by a police officer, any of the regulations in this chapter notwithstanding. Every driver or person having charge of a horse or vehicle on any roadway, street or highway shall remove such horse or vehicle to another place on such street, or from such street to some other street, when directed to do so by a police officer, and in case of neglect or refusal after such direction, any police officer may remove or cause to be removed such horse or vehicle, and leave such horse or vehicle in such other place or street. Drivers shall follow the routes, prescribed by police regulations, by means of markers or other devices which have been erected or placed by the city traffic division, for the better control and direction of traffic, upon the streets, roadways and highways of the city.
(b) 
Any police officer, in his discretion, may remove, or cause to be removed, any horse or vehicle left upon any roadway, street or highway, and not in the apparent charge of any person, or in violation of any of the regulations set out in this chapter, to another place on such street, or from such street to another street, or to any stable or garage, which shall provide for the same, or to the police station, and there shall leave it, and possession of any such horse or vehicle shall be withheld from any person entitled to possession thereof until any expenses incurred in the removal thereof shall have been paid.
[Ord. No. 99-43, § 3, 12-1-1999]
A person owning, possessing, or having care of any vehicle of any description shall not store, or permit such vehicle to remain unoccupied, and out of use, in any roadway, street or highway, or part thereof, or in any parking lot owned and/or leased by the city, for a period in excess of 24 hours, and a person shall not allow any motor vehicle to stand or be parked on any roadway, street or highway unless it has thereon proper registration plates, front and rear.
[Ord. No. 99-43, § 3, 12-1-1999]
It shall be unlawful for any person to abandon, on a premises accessible to children, any vehicle or conveyance which has a snaplock, or lock on a trunk, or rear deck lid, which may not be released or opened from inside such trunk, or rear deck lid, without first removing such locks, trunk, or deck lid from the vehicle. Nothing in this section shall be construed to authorize the discarding or abandonment of any vehicles or motor vehicles on any public roadway, street or highway, or any other place or premises otherwise prohibited by ordinance or law.
[Ord. No. 99-43, § 3, 12-1-1999]
Vehicles of the fire department, police department, and ambulances and emergency vehicles of the municipal department, or public service corporations as are designated or authorized by the state registrar of motor vehicles shall be considered emergency vehicles for purposes of this chapter.
[Ord. No. 99-43, § 3, 12-1-1999]
Drivers of all vehicles shall, upon being appraised of the approach of fire, police or other authorized emergency vehicles, make a reasonable turn to the side or the roadway, street or highway, in the direction which they are driving, and stop such vehicle so as to allow the aforementioned emergency vehicles the right-of-way.
[Ord. No. 99-43, § 3, 12-1-1999]
The provisions of this chapter governing the standing and parking of authorized emergency vehicles shall apply only while such vehicles are being used in the performance or a public duty.
[Ord. No. 99-43, § 3, 12-1-1999]
Nothing in this chapter shall release the driver of any emergency vehicle from the duty to drive with due care, and respect for the safety or all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
[Ord. No. 99-43, § 3, 12-1-1999]
No person shall operate, nor shall an owner knowingly permit to be operated, upon any roadway, street, highway, bicycle path or trail, any vehicle required to be registered under this chapter unless there has been issued a valid registration card therefor, and unless there shall be attached thereto, and displayed, a valid registration plate, or plates, therefor by the registry of motor vehicles for the current year.
[Ord. No. 99-43, § 3, 12-1-1999]
Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle upon any roadway, street or highway, and shall give an audible signal when necessary, and shall exercise proper precaution, upon observing any child or any obviously confused, intoxicated or incapacitated person.
[Ord. No. 99-43, § 3, 12-1-1999]
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any roadway, street or highway of the city by any person who is not authorized to drive such vehicle as set forth by state statutes.
[Ord. No. 99-43, § 3, 12-1-1999]
Every licensee shall have his operator's chauffeur's license in his possession at all times when operating a motor vehicle, and shall display such license upon demand of any proper authority, and upon request write his name in the presence of such authority for the purpose of being identified. No person charged with violating this section shall be convicted if he produces, in court or in the office of the arresting authority, an operator's/chauffeur's license theretofore issued to him and valid at the time of his arrest.
[Ord. No. 99-43, § 3, 12-1-1999]
Any passenger on a motorcycle, motor scooter, or motor-driven cycle must be provided with a separate rear seat, a separate footrest, an appropriate handlebar or grip for his use, and must wear a helmet of a type approved by the registry. No person shall operate a motorcycle, motor scooter, or motor-driven cycle unless any passenger thereon shall wear such helmet.
[Ord. No. 99-43, § 3, 12-1-1999]
The Director of Public Safety is hereby authorized to have marked upon any roadway, street or highway a white line designated as the stop line, at which all vehicles and bicycles shall stop, or be stopped, upon a yellow or caution or red or stop signal, and, except where more than one lane of traffic is indicated upon the street, every driver or operator of a vehicle or bicycle shall stop such vehicle or bicycle in a single line. A driver or operator shall not proceed beyond such stop line until such signal shall indicate green, or go.