CROSS REFERENCES
Animals, ch. 3
Marine activities, areas and structures, ch. 9
Police, ch. 13
Probate court, ch. 14.
Streets, sidewalks and other public places, ch. 15.
Traffic and motor vehicles, ch. 18.
STATE LAW REFERENCES
Offenses punishable by state law shall not be imposed by ordinance,
G.L. 1956, § 45-6-6
Criminal offenses, G.L. 1956, title 11
Abandonment of certain appliances, G.L. 1956, § 11-9-10
False alarms, G.L. 1956, § 11-44-21
Parks and recreation, penalty, G.L. 1956, § 32-3-1.
[Rev. Ords. 1989, § 10-1]
Every sheriff, deputy sheriff, town sergeant, constable, harbormaster
or police officer who shall discover any person in the act of committing
any of the acts prohibited in this chapter shall arrest such person
and detain him in custody until a complaint can be made against him
for the offense for which he shall have been arrested and until he
is taken on a warrant issued upon such complaint. Any property owner,
tenant, lessee or occupant who shall discover any person committing
any of the acts prohibited in this chapter in or upon his property
or property over which he has control may arrest and detain the person
committing such acts in similar manner as the officers set out in
this section. Such detention shall not continue for more than a period
of two hours without an arrest being made, and no person so arrested
shall be held for a period exceeding 24 hours without a complaint
being made to and a warrant obtained from a justice of the judicial
district court, a justice of the peace or a warden of the town.
[Rev. Ords. 1989, § 10-2]
(a)
Manner of proceeding. All violations of the provisions of this Revision
or any ordinance that may hereafter be enacted by the town council
shall be prosecuted by complaint and warrant directed to the appropriate
officer of the town. Whenever a complaint is made by any person other
than the officer appointed as aforesaid, such complainant shall give
surety for costs. In all cases of complaint the fines, forfeitures
or penalties shall belong to the town.
(b)
Time limit. All complaints under these sections shall be made within
10 days after the commission of the offense and not thereafter.
(c)
Costs. In all prosecutions under the ordinances of this town, the
costs shall be the same as in criminal proceedings before the district
courts of the state. On conviction the payment of such costs shall
be a part of the sentence of the respondent who shall be sentenced
to imprisonment on default of the payment of such fine and costs until
the same are paid or remitted by the town council. In all cases where
such complaint is dismissed, the costs shall be taxed against the
complainant and his surety and collected in the same manner as is
prescribed in state law. Where such complaint is made by an officer
appointed by the town council to execute the ordinances of the town
or an officer elected by the town for the same purpose, the costs
shall be paid by the town.
(d)
Imprisonment. In all violations of the ordinances of the town where
in the respondent is sentenced to imprisonment, either as a punishment
for the offense or for the nonpayment of the fine and costs, such
respondent may be imprisoned in the county jail in and for the county
at the discretion of the court.
[Rev. Ords. 1989, § 10-3]
(a)
PUBLIC PLACE
RIOT
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern, wharf, boat landing or other place of business
and also public grounds, areas or parks.
A public disturbance involving an act of violence by one
or more persons part of an assemblage of three or more persons which
act shall constitute a clear and present danger of or shall result
in damage or injury to the property of any other person, or to the
persons part of an assemblage of three or more persons having individually
or collectively the ability of immediate execution of such threat
or threats where the performance of the threatened act or acts of
violence would constitute a clear and present danger of or would result
in damage or injury to the property of any other person or to the
person of any other individual.
(b)
Prohibited. A person shall be guilty of disorderly conduct if, with
the purpose of causing public danger, alarm, disorder or nuisance
or if his conduct is likely to cause public danger, alarm, disorder
or nuisance, he willfully does any of the following acts in a public
place:
(1)
Commits an act in a violent and tumultuous manner toward another
whereby that other person is placed in fear of safety of his life,
limb or health.
(2)
Commits an act in a violent and tumultuous manner toward another
whereby the property of any person is placed in danger of being destroyed
or damaged.
(3)
Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another.
(4)
Interferes with another's pursuit of a lawful occupation by acts
of violence.
(5)
Resists or obstructs the performance of duties by the police or any
other authorized official of the town when known to be such an official.
(6)
Incites, attempts to incite or is involved in attempting to incite
a riot.
(7)
Addresses abusive language or threats to any member of the police
department or any other authorized official of the town who is engaged
in the lawful performance of his duties or any other person when such
words have a direct tendency to cause acts of violence. Words merely
causing displeasure, annoyance or resentment are not prohibited.
(8)
Damages, befouls or disturbs public property or the property of another
so as to create a hazardous, unhealthy or physically offensive condition.
(9)
Fails to obey a lawful order to disperse by a police officer when
known to be such an official where one or more persons are committing
acts of disorderly conduct in the immediate vicinity and the public
health and safety is imminently threatened.
(10)
Uses abusive or obscene language or makes an obscene gesture
intended or likely to cause an act of violence.
(11)
Uses violent and forceful behavior at any time in or near a
public place, such that there is a clear and present danger that free
movement of other persons will be arrested or restrained or other
persons will be incapacitated in the lawful exercise of business or
amusement.
(12)
Disturbs the peace of others by violent, offensive or boisterous
conduct or language which said conduct or language was calculated
to cause anguish or injury or violent reaction from another.
(13)
Roughly crowds or pushes any person in any public place.
(14)
Throws any stone, snowball or any other missile upon or at any
person, vehicle, building, tree, sign or other public or private property.
(15)
Wantonly makes a false alarm with reference to the request of
firefighting apparatus or cries fire in any public place for the sole
purpose of causing turmoil.
(16)
Prowls or wanders upon the private property of another, or peeks
in the door or window of any inhabited building or structure located
thereon without visible or lawful business with the owner or occupant
thereof.
(17)
Maliciously interrupts the speaker of any lawful assembly or
impairs the lawful rights of others to participate effectively in
such assembly or meeting when such conduct is calculated to provoke
or tend to cause turmoil or disturbance.
(18)
Acts in a manner which tends to cause or provoke a disturbance
near any public building wherein matters affecting the public are
being considered or deliberated, and the conduct interferes with the
public matters.
(19)
Frequents any public place with intent to obtain money from
other persons by illegal and fraudulent schemes, tricks, artifices
or devices.
(20)
Displays any deadly weapon in a public place in a manner which
is calculated to alarm or frighten other persons present.
(c)
Exemptions. This section shall not be construed to suppress the right
to lawful assembly, picketing, public speaking or other lawful means
of expressing public opinion not in contravention of other laws.
[Rev. Ords. 1989, § 10-4]
(a)
It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle either alone and/or in consort with others in a public
place in such a manner so as to prevent the free and uninterrupted
ingress, egress and regress therein, thereon and thereto by:
(1)
Obstructing any public street, public highway, public sidewalk, wharves,
boat landings or any other public place or building by hindering or
impeding or tend to hinder or impede the free and uninterrupted passage
of vehicles, traffic or pedestrians.
(2)
Committing in or upon any public street, public highway, public sidewalk,
wharves, boat landings or any other public place or building any act
or thing which is an obstruction or interference to the free and uninterrupted
use of property or with any business lawfully conducted by anyone
in or upon or facing or fronting on any such public street, public
highway, public sidewalk, wharves, boat landings or any other public
place or building.
(b)
When any person causes or commits any of the conditions enumerated
in subsection(a) of this section, a police officer or any law enforcement
officer shall order that person to stop causing or committing such
conditions and to move on or disperse. Any person who fails or refuses
to obey such orders shall be guilty of a violation of this section.
[Rev. Ords. 1989, § 10-5]
(a)
It shall be unlawful for any person who, having been the owner of
a container originally used for refrigerative purposes, fails to remove
the door before discarding or setting aside the same.
(b)
It shall be unlawful for any person to knowingly permit or to cause an unused container of the type set forth in subsection (a) of this section to be placed or to remain upon his property in such a manner that it shall become readily accessible to children without removing the door.
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State law reference — Similar provisions, G.L. 1956, § 11-9-10.
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[Rev. Ords. 1989, § 10-6]
No person shall spit upon any part of any car, public building,
hall, lobby, church, theater, sidewalk, wharves, boat landings or
buildings used for commercial purposes in the town.
[Rev. Ords. 1989, § 10-7]
It is unlawful for any person to refuse or neglect to comply
with the requirements of any subpoena or written order issued and
served by the town council serving in any judicial capacity.
[Rev. Ords. 1989, § 10-8]
It shall be unlawful for any person to solicit for any commercial
for-profit business in such a way that pedestrians are obstructed
or in any manner restrained from free passage on any public street,
public highway, public sidewalk, wharf, boat landing, parking lot
or any other public place or building.
[Rev. Ords. 1989, § 10-9; Amd. of 6-4-2012]
(a)
It shall be unlawful to possess, carry or by any means convey in
public opened containers of any description which contain alcoholic
beverages in and on all public wharves, streets, sidewalks, highways,
beaches, public conveyances or other public place whatsoever in the
town except where legally licensed for sale and/or distribution of
such beverages.
(b)
In addition to the restrictions set forth in paragraph a pertaining
to opened containers of any description which contain alcoholic beverages,
it shall be unlawful to possess, carry or by any means convey in closed
containers of any description alcoholic beverages on all public beaches
in the town.[1]
[Rev. Ords. 1989, § 10-10]
It shall be unlawful for any person to expose his or her genitals
to the view of others under circumstances in which his or her conduct
is likely to cause affront, distress or alarm to such other persons.
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State law reference — Similar provisions, G.L. 1956, § 11-45-1(g).
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[Rev. Ords. 1989, § 10-11]
It shall be unlawful for any person to enter upon, remain on
or travel across the land of another without the consent, expressed
or implied, of the owner thereof, except all persons authorized by
law or special license or in the performance of emergency services.
[Rev. Ords. 1989, § 10-12]
It shall be unlawful for any person to willfully, maliciously
or mischievously injure, damage, deface or destroy the property of
another, wheresoever located, or to annoy, worry, attack or injure
the domestic animal of another while properly restrained and controlled
on the property of the owner or keeper.
[Rev. Ords. 1989, § 10-13]
It shall be unlawful for any person to take, use, set in motion,
loosen, set adrift or set free any vehicle, boat or animal of another
without the consent of the owner, expressed or implied, except all
persons in the performance of emergency services.
[Rev. Ords. 1989, § 10-14]
It shall be unlawful for any person to trespass upon, deface,
mutilate or otherwise injure or damage any public or private statues,
monuments, gravestones, boundary markers or road signs or to remove
the same.
[Rev. Ords. 1989, § 10-15]
(a)
Disfiguring fences. No person shall mutilate or disfigure any fence,
building or railing, or write or draw upon any of them any obscene
words or pictures of figures.
(b)
Injury to signposts, street signs, lamps and lampposts. No person
shall break, knock down or remove or extinguish any sign or lamppost
or otherwise injure any lamp or lantern erected for the purpose of
lighting any street, highway, bridge, or public place or ground set
apart for public purposes in this town, whether erected by the town
or any other person.
(c)
Defacing posts, trees, buildings or other structures. No person shall
daub with paint, cut, break, or otherwise injure or by scratching
or writing with paint, blacking, chalk or in any other way or manner
deface any post, lamppost, fence, tree, tree box, house or other building
situated in or upon any street, highway, bridge or public place or
ground set apart for public purposes in the town or any ornament or
appurtenance of such post, lamppost, fence, tree, tree box, house
or other building.
(d)
Defacing or damaging public facilities. No person shall deface or
defile or in any way willfully injure or damage any public drinking
fountain, watering trough or public urinal in the town or any appurtenances
or any pipes leading thereto or therefrom, or waste the water supplied.
[Ord. of 12-7-1998(2), § 10-16; Ord. of 11-17-1999, § 10-16; Ord. of 10-17-2001,
§ 10-16; Ord. of 9-18-2002, § 10-16; Ord. No. 2014-05, May 6, 2014, § 10-16]
The hunting, possession or taking of deer within the boundaries
of the town is prohibited except as otherwise authorized by the town
council at its first meeting in March. It shall be unlawful for any
person to discharge a firearm, hunt, take or kill any wild bird or
animal on private property without permission from the owner and any
tenant in possession.
[Ord. No. 2014-02, March
3, 2014, § 10-17]
It shall be unlawful for any person to obstruct or interfere
with the lawful taking of wildlife by another person within the boundaries
of the town at the location where the activity is taking place with
intent to prevent the lawful taking. A person violates this section
when he or she intentionally or knowingly: (1) Drives or disturbs
wildlife for the purpose of disrupting the lawful taking of wildlife
where another person is engaged in the process of lawfully taking
wildlife; (2) Blocks, impedes or otherwise harasses another person
who is engaged in the process of lawfully taking wildlife; (3) Uses
natural or artificial visual, aural, olfactory, or physical stimuli
to affect wildlife behavior in order to hinder or prevent the lawful
taking of wildlife (4) Erects barriers with the intent to deny ingress
or egress to areas where the lawful taking of wildlife may occur;
(5) Interjects himself or herself into the line of fire; (6) Affects
the condition or placement of personal or public property intended
for use in the lawful taking of wildlife in order to impair its usefulness
or prevent its use; or (7) Enters or remains upon private lands without
the permission of the owner or the owner's agent, with intention to
violate this section.
[Ord. No. 2014-02, March
3, 2014, § 10-18]
(a)
Fluorescent orange safety clothing is required during the hunting
season statewide for all hunters. To meet this requirement, safety
clothing must be solid daylight fluorescent orange. Fluorescent camouflage
does not meet this requirement. The hunter orange must be worn above
the waist and be visible in all directions. Examples that meet the
orange requirements are a hat that covers 200 square inches or combination
of hat and vest covering 500 square inches. The following orange requirements
apply:
(1)
Two hundred square inches by small game hunters during the small
game season.
(2)
Two hundred square inches by fall turkey hunters while traveling.
(3)
Two hundred square inches by muzzleloaders during muzzleloading
deer season.
(4)
Two hundred square inches by archers when traveling to/from
stands during muzzleloading deer season.
(5)
Five hundred square inches by all hunters and other users (including
archers) during shotgun deer seasons.
(6)
Those hunters using Pop-up blinds during the firearms deer season
must display 200 square inches of fluorescent orange visible on the
outside of the blind from all directions. Hunters must also wear orange
in accordance with the rules for the specific seasons while in the
blind.
(b)
Exempt from fluorescent orange requirements are:
(1)
Waterfowl hunters hunting from a boat or blind, over water or
field, when done in conjunction with decoys.
(2)
Archery deer hunters (except during muzzleloader and shotgun
deer season).
(3)
Hunters crow hunting over decoys.
(4)
Spring turkey hunters and
(5)
First segment dove hunters.
(6)
Not required in areas limited to archery only by regulation.
[Ord. No. 2015-05, October
21, 2015, § 10-19]
It shall be unlawful for any person to jump, dive, hang or swim
from any of the bridges located within the boundaries of the town.
Each incident shall be considered a separate violation.
[Added 6-5-2023 by Ord. No. 2023-01]
(b)
Authorization.
(1)
Under Rhode Island General Laws § 21-28.11-16(b),
any city or town may adopt ordinances that ban or impose restrictions
on the smoking or vaporizing of cannabis products in public places.
(c)
Definitions.
(1)
CANNABIS PRODUCTS
PUBLIC PLACE
SMOKE or VAPORIZE
For the purposes of this section, the following terms have the
following meanings:
Any product that has been manufactured and contains cannabis
or an extract from cannabis, including concentrated forms of cannabis
and products composed of cannabis and other ingredients that are intended
for use or consumption, including edible products, beverages, topical
products, ointments, oils, and tinctures.
Any public property or place to which the public or a substantial
group of persons has access, including, but is not limited to, any
public park, public beach, public waterways, recreational fishing
areas, public recreation trails, public facilities, transportation
facilities used by the public, public waterways, pavilions and open
air venues where the public congregates or recreates, any municipal
parking lot or property, municipal buildings, theaters, public pools,
playgrounds, skate park, athletic fields and courts, public and private
school grounds, any place of amusement, common areas, including any
public ways, streets, alleys, highways, bridges and walkways. Athletic
fields shall include any playing field, ballfield, basketball court,
tennis court or any other property where sports activities occur.
Inhaling, exhaling, burning or carrying any lighted or vaporized
cannabis in any manner or form.
(d)
Enforcement.
(1)
No person shall smoke or vaporize cannabis products in any public
place.
(2)
Nothing in this section shall preclude the Town or any law enforcement
officer of any jurisdiction from charging an offender for a violation
of any other applicable law or ordinance arising from the offender's
prohibited conduct.
(3)
Nothing in this section shall be construed to prohibit the transportation
of cannabis or cannabis products.
(4)
Violations shall be prosecuted in the Warden's Court.
