[HISTORY: Adopted by the Town Council of
the Town of Barrington 10-28-1985 by 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.
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:
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.
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.
Include all public land designated in the index attached hereto as Exhibit A.
[2]The Leander R. Peck Schoolhouse.
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.
Those portions of any park area or school property designated
as or used for playing fields, playgrounds, tennis courts or other
recreational activities.
The School Committee of the Town.
Includes all public land controlled by the School Committee.
The Town of Barrington, Rhode Island.
The Town Clerk of the Town.
The Town Council of the Town.
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.
The Town Manager of the Town.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[2]
Editor's Note: Exhibit A is included as an attachment to 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; 9-5-2018 by Ord. No.
2018-11]
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, except baby strollers and
wheelchairs or equipment needed by individuals with disabilities.
Furthermore, bicycles shall be allowed in conservation areas, subject
to the Conservation Commission’s discretion and authority to
prohibit bicycles from specific sensitive areas. 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 they have 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]
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 they have 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.
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. They 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.
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.
[Added 2-4-2019 by Ord.
No. 2019-4; amended 11-7-2022 by Ord. No. 2022-13]
A.
Business hours. The Town Hall shall be open for business, except
holidays, as follows: Monday from 8:30 a.m. to 7:00 p.m.; Tuesday,
Wednesday, and Thursday from 8:30 a.m. to 4:30 p.m.; and Friday from
8:30 a.m. to 12:00 p.m., subject to the power of the Council to increase
such hours for the necessary accommodation of the public.[1]
[1]
Editor’s Note: Former Subsection B, Sunset clause, which
immediately followed, was repealed 9-9-2019 by Ord. No. 2019-21.
[Added 6-6-2022 by Ord. No. 2022-5]
A.
No person
shall throw, drop, deposit, discard, or otherwise dispose of litter
upon any public property in the Town or in waters of this Town or
upon private property in this Town except:
B.
As used
in this section, "litter" means garbage, trash, waste, rubbish, ashes,
cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture,
glass, or anything else of an unsightly or unsanitary nature thrown,
dropped, discarded, placed, or deposited by a person on public property,
on private property not owned by the person, or in or on waters of
the Town.
