Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Westerly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 238.
[Adopted 8-13-1991 by Ch. No. 983 as §§ 7-41 through 7-47 of the 1991 Code]
A. 
All persons desiring to deal in the rental of automobile or other motor vehicle parking space shall first obtain a license from the Town Council and to that end shall make application to the Town Clerk for such a license. When granted by the Town Council, such license shall be issued by the Town Clerk to deal in the rental of automobile parking space for daily or Sunday operation, for a period from the date of the issuance of the license until December 1 next following. The license shall specify the premises for which the same is granted and the number of motor vehicles to be parked thereon as considered in fixing the fee for such license.
B. 
Upon application for a parking lot license, or renewal thereof, the owner of the property shall submit to the Zoning Official, for approval, a certified plot plan showing the exact dimensions of the lot, with the location of all buildings and/or the proposed location of portable toilet facilities on the property. Portable toilet facilities shall be located at the furthest point possible away from any residences or restaurants.
[Amended 3-25-2013 by Ch. No. 1783; 9-18-2017 by Ch. No. 1901]
C. 
Before an application for a parking lot license is accepted by the Town Clerk’s office, the Zoning Inspector will determine the number of spaces allowed, with such number of spaces to be recorded on the license application and on an approved copy of the plot plan.
D. 
A copy of the approved plot plan is to be kept on file with the application in the Town Clerk’s office.
The fees shall be as specified in Chapter 121, Fee Schedule, and shall be paid to the Town Clerk and by him remitted to the Town Treasurer for each license issued in accordance with the provisions of this article.
Such licenses shall be granted and held on the following terms and conditions:
A. 
No licensee shall knowingly permit any person to violate any provision of law, ordinance or regulation on the licensed premises.
B. 
No licensee shall, and no licensee shall permit any person to, solicit rental of such automobile parking space on the sidewalk or highway adjoining the licensed premises, or in any other manner beyond the boundaries of such parking space excluding said sidewalk or highway.
C. 
No licensee shall, and no licensee shall permit any person to, attempt to attract the attention of any driver of any motor vehicle while the same is in motion, except by a sign which shall be approved by the Chief of Police and located as he may direct on the licensed premises with due regard to the safety of persons and vehicles using such premises or the highway.
D. 
Conduct of licensed premises shall be strictly in accordance with all health and safety requirements, including regard to danger that might arise during fire or other calamity requiring speedy and safe removal of persons and vehicles using said premises, and the extraordinary demands made upon Fire and Police Departments by use of such premises for parking. Failure to comply with proper instructions of any duly appointed Police, Health or Fire Department official will be grounds for revocation or suspension of any license.
E. 
Every licensee within the Watch Hill, Misquamicut, Weekapaug, and Shelter Harbor Fire Districts shall provide on the licensed premises one toilet for each sex for every 100 parking spaces or fraction thereof which may be connected to an approved sewage disposal system or may be a portable toilet facility. A "portable toilet facility" is defined as a modern, portable, self-contained, commercially manufactured temporary toilet facility which is either freestanding or on a trailer.
[Added 3-25-2013 by Ch. No. 1783; 9-18-2017 by Ch. No. 1901]
F. 
Toilet facilities, including portable toilets, shall be flytight, well lighted, properly ventilated, plainly marked, properly equipped and supplied, kept in a sanitary condition at all times and locked daily upon closure of the parking lot. Portable toilets, such as port-a-johns and other freestanding units, shall be enclosed by no less than a six-foot fence or screening of similar height and shall have a hand-washing station. Further, all portable toilet facilities shall be removed from the premises every year upon closure of the parking lot or by October 31, whichever occurs first, or by order of the Director of Public Safety in the event of a weather emergency.
[Added 3-25-2013 by Ch. No. 1783[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections F and G and Subsections G and H, respectively. Section 3 of Ch. No. 1783 provided that the amendments related to portable toilet facilities expire 12-1-2015 unless renewed by Council resolution.
G. 
Every licensee who makes available for rental automobile parking spaces for use after dark shall provide lighting which shall, in the opinion of the Chief of Police, be adequate for protection of persons and property.
H. 
Every licensee within the Watch Hill, Misquamicut, Weekapaug and Shelter Harbor Fire Districts who shall make available for rental automobile parking spaces for use after dark shall provide such attendants or special police as the Chief of Police determines to be necessary to assure good order and security for persons and property.
Any license granted hereunder shall be presented for inspection upon demand of any Police, Health or Fire Department official, and shall be displayed in a conspicuous place on the premises licensed.
Any licensed person or his designated agent who shall violate the terms of the license required by this article shall on demand surrender to the Chief of Police or the Deputy Chief of Police the license granted, and such license shall be suspended from the time of demand until the next meeting of the Town Council, at which time the licensee shall appear before the Town Council to show cause why such license should not be revoked or suspended further.
This article shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of land or buildings, provided that where this article imposes a greater restriction upon the use of land or buildings than are imposed or required by existing provisions of law or ordinance, the provisions of this article shall control, but any licensee dealing in the rental of parking space under a valid license issued and remaining in force under this article shall be deemed to be a duly licensed dealer in automobile parking space within the meaning of any other provision of law or ordinance.
Any person who shall violate any provision of this article or any regulation or condition effective with respect thereto or any provision of Title 5, Chapter 23, of the General Laws, shall be fined not less than $50 nor more than $200 for each offense. Any person who shall otherwise violate any law or ordinance shall be punished as provided by law, and no provision hereof shall be deemed effective to excuse any such violation by any unlicensed person, or any violation of other law or ordinance by any licensee except as herein specifically provided for licensed dealings which might be unlawful if not so licensed. This article shall be construed liberally in aid of its declared purpose, which declared purpose is to correct a situation involving danger to life and property and a source of nuisance from the unregulated conduct of automobile parking space in the Town with consequent unusual demands upon the Police, Health and Fire Department officials especially during summer months.
[Adopted 8-13-1991 by Ch. No. 983 as § 8-29 of the 1991 Code (Ch. No. 1215)]
No motor vehicle may be parked or permitted to be parked on any commercial lot, store, business or premises for the purpose of advertising that motor vehicle for sale, except on a commercial property which is solely or primarily dedicated to the sale of new or used motor vehicles.
For the purposes of this article, an “offense” shall be defined as the parking of one motor vehicle in any one day.
Any person or property owner who violates this article shall be guilty of a misdemeanor and upon conviction shall be fined not less than $25 nor more than $50 for each offense.