[HISTORY: Adopted by the Town Council of
the Town of Westerly as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-1991 by Ch. No. 983 as §§ 8-1 through 8-10, 8-17
through 8-20, 8-23 through 8-26 and 8-28 of the 1991 Code]
[Amended 9-27-2010 by Ch. No. 1729]
It shall be unlawful for any person to bathe
in the waters of the Atlantic Ocean, Long Island Sound, Narragansett
Bay and the tributaries thereto or upon the shores thereof within
the limits of the Town without his body being properly clothed below
the waist and her body being properly clothed below and above the
waist.
[Amended 9-27-2010 by Ch. No. 1729; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
A. A person
commits indecent exposure/disorderly conduct when for the purpose
of sexual arousal, gratification or stimulation, such person intentionally,
knowingly, or recklessly exposes his or her genitals to the view of
another under circumstances in which his or her conduct is likely
to cause affront, distress, or alarm to that person;
B. Any person
may be a complainant for the purposes of instituting action for any
violation of this section. This act shall not apply to any conduct
between consenting adults where the complainant is an unintended witness;
C. In no event
shall the provisions of this section be construed to apply to breastfeeding
in public.
No person shall disrobe in any motor vehicle
within the limits of the Town.
No person shall bathe or swim, or attempt to
bathe or swim, in any granite quarry hole or abandoned granite quarry
hole located or situated within the Town.
It shall be unlawful for any person to sleep
in the nighttime in any motor vehicle of any description parked on
any highway, public beach, parking lot, picnic grounds, or on any
other public or semipublic area; or in any motor vehicle of any description
parked upon the grounds of any other person in the Town; or for any
reason to aid, assist, encourage or promote the same to be done by
any other person.
It shall be unlawful for any person to sleep
in the nighttime on any highway, public beach, parking lot, picnic
ground, or on any other public or semipublic area, or upon the grounds
of any other person in the Town; or for any person to aid, assist,
encourage or promote the same to be done by any other person.
Sections
182-5 and
182-6 shall not apply to premises duly licensed and operated under the authority of Chapter
167 of this Code.
In the event a provision of §§
182-5,
182-6 or
182-7 is found to be in conflict with any other ordinance of the Town, the provisions which establish the higher standard for the promotion of the health and safety of the people shall prevail.
No highway, street or public lands shall be
used for assemblage or public or private gathering, without permission
being first granted for that purpose by the Chief of Police.
A. A person commits disorderly conduct if he intentionally,
knowingly or recklessly:
(1) Engages in fighting or threatening, or in violent
or tumultuous behavior; or
(2) In a public place or near a private residence, that
he has no right to occupy, disturbs another person by making loud
and unreasonable noise which under the circumstances would disturb
a person of average sensibilities; or
(3) Directs at another person in a public place offensive
words which are likely to provoke a violent reaction on the part of
the average person so addressed; or
(4) Alone or with others, obstructs a highway, street,
sidewalk, railway, waterway, building entrance, elevator, aisle, stairway,
or hallway to which the public or a substantial group of the public
has access or any other place ordinarily used for the passage of persons,
vehicles, or conveyances; or
(5) Engages in conduct which obstructs or interferes physically
with a lawful meeting, procession, or gathering; or
(6) Enters upon the property of another and for a lascivious
purpose looks into an occupied dwelling or other building on the property
through a window or other opening; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7) Who without the knowledge or consent of the individual,
looks for a lascivious purpose through a window, or any other opening
into an area in which another would have a reasonable expectation
of privacy, including, but not limited to, a restroom, locker room,
shower, changing room, dressing room, bedroom, or any other such private
area, notwithstanding any property rights the individual may have
in the location in which the private area is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Any person found guilty of the crime of disorderly
conduct shall be imprisoned for a term of not more than six months
or fined not more than $500, or both.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. In no event shall Subsection
A(2),
(3),
(4), and
(5) be construed to prevent lawful picketing or lawful demonstrations, including but not limited to those relating to a labor dispute.
No person shall, without right, knowingly enter
upon the land of another, not having been requested or invited so
to do by the owner or occupant of such land.
No person shall enter upon any land when the
same shall be conspicuously posted by the owner or occupant with notice
that trespassing or parking is prohibited thereon, and no person shall,
without right, mutilate, destroy or remove any such notice.
No person shall wantonly and maliciously daub
with paint, or otherwise injure by scratching or marking, or writing
with paint, blacking, chalk or other colored composition or liquid,
or in any manner deface any post, signboard or sign, situated in or
upon any street, highway, bridge, wharf or other public place, or
ground set apart for public purposes in this Town or any ornament
or appurtenance of the same, or wantonly tear down, deface or destroy
any notice of any public meeting, auction or other sale, or any other
public notice.
No person shall maliciously, wantonly or carelessly
throw down or extinguish any incandescent light, or the globe or lamp
enclosing the same, or any other lamp or lantern, erected for the
purpose of lighting any street, highway or bridge in this Town, whether
the same shall have been erected by the Town or any other corporation
or by any individual.
It shall be unlawful for any person to be found
drunk so as to amount to a violation of decency, upon the premises
of any other person, or in any public hall, or at any public meeting,
or in any highway, street, court, public park, promenade, wharf, square
or other public place in this Town.
No person shall receive, give away or possess
intoxicating liquors while such person is within the confines of the
Town Hall.
No person shall distribute or cause to be distributed
any handbill, circular, program or advertising slip in or upon any
street or sidewalk in the Town.
[Amended 3-22-2004 by Ch. No. 1477]
Any person violating any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction
shall be fined not less than $25 nor more than $100 for each offense.
[Added 5-19-2014 by Ch.
No. 1821]
The practice of going in and upon any residential properties
in the Town by solicitors, peddlers, hawkers, itinerant merchants
and transient vendors of merchandise, not having been requested or
invited so to do by the owner or occupant of such residential properties,
for the purpose of soliciting orders for the sale of goods, wares
or merchandise, or for the purpose of disposing of or peddling or
hawking the same, is declared to be a nuisance and punishable as such
nuisance as a misdemeanor.
The practice of prowling or loitering around any place of public
amusement, crowded thoroughfare or at any public gathering or assembly
by solicitors, peddlers, hawkers, itinerant merchants and transient
vendors of merchandise for the purpose of soliciting orders for the
sale of goods, wares and merchandise or for the purpose of disposing
of or peddling or hawking the same is declared to be a nuisance and
punishable as such nuisance as a misdemeanor.
Any person convicted of perpetrating a nuisance as described and prohibited by §§
182-20 and
186-21, upon conviction thereof, shall be fined not exceeding $50.