Town of Barrington, RI
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Barrington 10-28-1985 as Ord. No. 85-10 (Ch. III of Title Seven of the 1965 Code). Amendments noted where applicable.]
RHODE ISLAND GENERAL LAWS (AS AMENDED)
Civil actions for environmental quality violations — See § 10-20-3.
Conservation of open spaces — See § 45-36-2.
Power of Town to own property — See § 45-2-4.
GENERAL REFERENCES
Use of Town property — See Sec. 1-3-5 of the Charter.
School Committee — See Title 9 of the Charter.
Cemeteries and public library — See Ch. 1 of Title 16 of the Charter.
Parks and recreation — See Ch. 134.
Use of public waters — See Ch. 148.
Fee and Fine Schedule — See Ch. A225.
144a Exhibit A144b Exhibit A-1
The Town of Barrington, acting both in its governmental and proprietary capacity, is the owner of large tracts or parcels of land located within said Town. Such Town lands are used for a multitude of purposes. It is desirable that Town land which is dedicated to essential government functions be regulated in its use so that those functions may be carried on without interruption. It is also desirable that land which is environmentally sensitive be protected. It is further essential that some tracts of land be made available for use by the citizens of the Town of Barrington in the exercise of their constitutional rights of free speech and assembly. Therefore, it is necessary that a comprehensive scheme of regulations be adopted governing the use of various types of public land.
As used in this chapter, the following terms shall have the meanings hereinafter set forth, unless the context shall otherwise require:
ESSENTIAL GOVERNMENT AREAS
Public land used for the public library in the Peck Center, police station, fire stations, sewer pumping stations, the Town yard and the Town Hall, except for those portions of any such public land constituting open forum areas and park areas.
OPEN FORUM AREAS
Consist of the Council Chambers located in the Town Hall and those rooms located in the Peck Center which have been designated as public meeting rooms by the Town Council and all areas designated in the index attached hereto as Exhibit A[1] and, subject to the provisions hereof, may be used by any person or group in the exercise of rights granted to them by the Constitution of the United States or the State of Rhode Island.
PARK AREAS and CONSERVATION AREAS
Include all public land designated in the index attached hereto as Exhibit A.
[2]
PECK CENTER
The Leander R. Peck Schoolhouse.
PUBLIC LAND
All the land and buildings and improvements located thereon, fee simple title to which is vested in the Town, except for cemeteries or any lands acquired by the Town by way of tax sale and held by the Town in its proprietary capacity.
RECREATION AREAS
Those portions of any park area or school property designated as or used for playing fields, playgrounds, tennis courts or other recreational activities.
SCHOOL COMMITTEE
The School Committee of the Town.
SCHOOL PROPERTY
Includes all public land controlled by the School Committee.
TOWN
The Town of Barrington, Rhode Island.
TOWN CLERK
The Town Clerk of the Town.
TOWN COUNCIL
The Town Council of the Town.
TOWN HALL
The Town Hall of the Town located off County Road and the real property comprising the Government Center bounded northerly by the cemetery, westerly by County Road, easterly by the Barrington River and southerly by Markwood Drive.
TOWN MANAGER
The Town Manager of the Town.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
[2]
Editor's Note: Exhibit A is included at the end of this chapter.
The use by citizens of essential government areas is limited to those uses necessary and essential to carrying on of business with the Town.
School property may be used for only such uses as the School Committee may permit; provided, however, that recreation areas located on school property may be used by the public for recreational activities but only to the extent that the same shall not interfere with the carrying out of educational programs.
[Amended 1-4-1988 by Ord. No. 87-11]
Conservation areas shall be open to the general public, but no horses and no vehicles of any kind, whether powered or unpowered, shall be permitted thereon, including, without limiting the generality of the foregoing, bicycles. Such areas shall be used only in a manner consistent with their designation as conservation areas. Notwithstanding the foregoing, in any conservation area where a specific use is permitted, such as farming or boat launching at Walker Farm, such use shall be considered a permitted use in such area.
Except as specifically provided in §§ 144-3, 144-4 and 144-5 hereof and with respect to open forum areas, public land, as designated in the index attached hereto as Exhibit A and made a part hereof[1], shall be used only as set forth in said index.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
A. 
No group, association or organization may use any park area, recreation area or conservation area for any use permitted by this chapter in such area without first obtaining a permit from the Town Clerk. Any group, association or organization which sponsors a tournament or event, where an entry fee is charged, is required to obtain such permit and to pay to the Town a user's fee, which fee shall be assessed as follows: The actual cost of the user fee shall be based upon the projected labor cost to be incurred by the Town. In order to project such labor cost, 30 days prior to the contemplated use, the organization or sponsor of the event shall submit an application to the Department of Public Works, wherein a description of the proposed activity and the applicant's needs will be set forth.
[Amended 2-11-1991 by Ord. No. 91-1]
B. 
Application information; fee.
[Amended 2-11-1991 by Ord. No. 91-1; 4-5-1993 by Ord. No. 93-16; 5-9-1994 by Ord. No. 94-5]
(1) 
Applications for a permit required by Subsection A shall be filed with the Town Clerk not less than 15 days prior to the date on which such area is proposed to be used. Each application shall contain:
(a) 
The name, address and telephone number of the person filing the application.
(b) 
The name, address and telephone number of the group, association or organization sponsoring the activity or event.
(c) 
The name and section of the park, recreation, conservation or open forum area for which the permit is desired.
(d) 
The day(s) and hours for which the permit is desired.
(e) 
An estimate of the anticipated attendance.
(f) 
The type of activity for which the permit is desired.
(2) 
The application shall be accompanied by the payment of a nonrefundable processing fee, as may be set from time to time by the Town Council.
C. 
Grant or denial of application.
(1) 
Within five business days of the filing of the application, the Town Clerk shall send the applicant written notice by regular United States mail of the action he has taken on the application and the specific reasons therefor. The permit shall be granted unless:
(a) 
The application is incomplete in some material respect; or
(b) 
The application has been fraudulently completed; or
(c) 
A prior permit has already been issued for use of the area requested; or
(d) 
The type of activity or event for which the permit is requested is not an authorized activity for the area requested; or
(e) 
An adjacent area has already been scheduled for use and, due to the anticipated size and/or traffic of the applicant's proposed use, it is physically impossible to accommodate both uses at the same time; or
(f) 
It is found that prior use of the Town's property by the applicant has resulted in damages incurred by the Town, the cost of which damages have not been paid by said applicant thereby remaining uncollected by the Town.
[Added 2-11-1991 by Ord. No. 91-1]
(2) 
In the case of a denial based on Subsection C(1)(c), (d) or (e) hereof, the Town Clerk shall inform the applicant of a reasonably equivalent alternative site or date, if available, which shall be held for the applicant for a period of five business days, pending reapplication by the applicant for the alternate site.
Except as provided in § 144-9 with respect to open forum areas, no person, group, association or organization may erect or place any structure, symbol or object on any public land.
A. 
No person, group, association or organization may erect or place any structure, symbol or object on any open forum area designated in the index attached hereto as Exhibit A[1] without first obtaining a permit from the Town Clerk for such purpose.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
B. 
Application for permit.
(1) 
Application for a permit to erect or place any structure, symbol or object on any such open forum area shall be filed with the Town Clerk not less than 30 days prior to the date on which it is proposed to erect or place such structure, symbol or object upon such area. Each application shall contain:
(a) 
The name, address and telephone number of the person filing the application.
(b) 
The name, address and telephone number of the person(s), group, association and/or organization who will be sponsoring and/or erecting or placing such structure, symbol or object upon such open forum area.
(c) 
The name and section of the open forum area for which the permit is desired.
(d) 
The day(s) for which the permit is desired (not to exceed 14 days).
(e) 
A physical description of the structure, symbol or object for which the permit is requested which shall include the dimensions of the structure, symbol or object and the materials of which it has been or will be constructed.
(2) 
The application shall be accompanied by the payment of a processing fee and a cash deposit as set from time to time by resolution of the Town Council to cover the cost of removing the structure, symbol or object and restoring the land to its former condition which shall be refundable in the event no removal or restoration by the Town is required.[2]
[Amended 2-7-1994 by Ord. No. 94-2]
[2]
Editor's Note: See Ch. A225, Fee and Fine Schedule.
C. 
Grant or denial of application.
(1) 
Within five business days of the filing of an application required by Subsection B, the Town Clerk shall send the applicant written notice by regular United States mail of the action he has taken on the application and the specific reasons therefor. The permit shall be granted unless:
(a) 
The application is incomplete in some material respect; or
(b) 
The application has been fraudulently completed; or
(c) 
A prior permit has already been issued for the area requested; or
(d) 
The structure, symbol or object creates a hazardous condition; or
(e) 
The structure, symbol or object is not adequately secured or guarded so as to protect it from vandalism and the general public from injury.
(2) 
In the case of a denial based on Subsection C(1)(c) hereof, the Town Clerk shall inform the applicant of a reasonably equivalent alternative site or date, if available, which shall be held for the applicant for a period of five business days, pending reapplication by the applicant for the alternate site.
A. 
An applicant dissatisfied with any decision of the Town Clerk may file a written notice of appeal with the Town Clerk within five (5) business days of the mailing of his decision under §§ 144-7C and 144-9C hereof. Filing, if made by mail, shall be deemed complete upon mailing.
B. 
The appeal shall be heard and decided by the Town Council within 10 days of the filing under Subsection A hereof. The applicant shall be notified by telephone, letter or in person at least 24 hours before the hearing. He may appear at the hearing, present evidence and may be represented by legal counsel. The Town Council shall have authority by vote of a majority of its members present to affirm, reverse or modify the decision of the Town Clerk. The decision shall be mailed to the applicant within 14 days of the filing under Subsection A hereof. Failure of Council to decide the case within 10 days or to mail its decision within 14 days shall operate as an automatic denial of the appeal.
C. 
The decision of Council shall be final.
All permits issued under this chapter shall be subject to the following conditions:
A. 
Each such permit shall be nontransferable and may be used only by the group and for the purpose as originally requested.
B. 
The times for which a permit is issued may be limited in order to accommodate a previously authorized use at the same or an adjacent site.
C. 
The area which is the subject of the permit shall be left clean and undamaged following the activity.
D. 
Obtaining a permit under this chapter shall not abrogate the need to obtain any other permit which may be required by law, nor shall it entitle the applicant to violate any of the other general rules or regulations adopted by ordinance or resolution governing the use of the area.
E. 
The fee and deposit required by this chapter shall not be waived.
[Added 7-6-1992 by Ord. No. 92-9]
A. 
The location within the Town of Barrington known as "Woods Pond" is presently listed as an essential government area for the purposes of this chapter. Woods Pond shall remain in this category as an essential government area for the purposes of this section.
B. 
Section 144-3 of this chapter sets forth uses for essential government areas, which uses are limited to uses necessary and essential to the carrying on of Town business. Section 144-3 is amended to allow limited use of Woods Pond, based upon the following restrictive conditions:
(1) 
Woods Pond shall be used for nonprofit ventures only. The area of Woods Pond shall not be used for commercial ventures of any type.
(2) 
No admission shall be charged for any events held at Woods Pond.
(3) 
All events held at Woods Pond shall be opened to the public.
(4) 
Parking arrangements shall be made in advance of any event held at Woods Pond, and the person or person(s) organizing such event shall hire a traffic control person for the event, which shall be at the cost and expense of the organizers.
(5) 
Application for a permit shall be made and obtained prior to any event held at Woods Pond, pursuant to provisions of this chapter.
(6) 
The person, persons or organizer of any event at Woods Pond shall be responsible for cleanup and restoration of the area after its use, the cost of which shall be at the expense of the person, persons or organizer of such event.
(7) 
Any event held at Woods Pond shall not interfere with the governmental activities of the Town of Barrington, meaning and intending that the activities of the Town's government shall take priority over any such event.
(8) 
Any event held at Woods Pond shall be appropriate and in accordance with the district's historic character.
C. 
All other provisions of this chapter remain in full force and effect, with the exception of the amendment made herein for Woods Pond. All the terms, provisions and conditions contained within this chapter for the use of Town land are applicable to the use of Woods Pond.
The provisions of §§ 144-3 and 144-5 through 144-9 of this chapter shall not apply to any activities or events which are sponsored by the Town through the use of public funds.
Whoever violates any of the provisions of this chapter for which no penalty is otherwise provided shall be fined not more than $500. Each day's continued violation shall constitute a separate offense.
[Added 2-3-2003 by Ord. No. 2002-11]
A. 
One year after the Town acquires title to a parcel of land through tax sale, the Town Council, upon finding that the land is excess to the Town's needs and not suitable for development, may direct transfer of tax title of the parcel to the Barrington Land Conservation Trust, Incorporated, for no monetary consideration.
B. 
The Town Council hereby directs the Town Treasurer to transfer tax titles for the following lands to the Barrington Land Conservation Trust, Incorporated:
(1) 
Plat 31, Lot 391 — Sowams Road.
(2) 
Plat 15, Lot 180 — Pine Top Road.
(3) 
Plat 30, Lot 257 — Columbus Avenue.