The text
Sec. 17-1. - Bathing in public places.#
No person shall, in the daytime, bathe in any public place, or within one-eighth of a mile of any public highway or any street, unless properly clothed.
(Code 1972, § 12-1)
State Law reference— Authority to prevent the indecent exposure of persons bathing in the town's waters, G.L. 1956, § 45-6-1.
Sec. 17-2. - Reserved.#
Sec. 17-3. - Consumption of alcoholic beverages or sleeping in public areas.#
No person shall consume alcoholic beverages in any public area within the town. No person shall sleep in any public area of the town, except those places which provide sleeping accommodations for transient visitors. Provided, however, that the consumption of alcoholic beverages in a public area in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 25-16 shall not be prohibited.
(Code 1972, § 12-3; Ord. No. 2020-04, 7-1-20)
Sec. 17-4. - False fire alarms.#
No person shall make a false alarm or cry of fire.
(Code 1972, § 12-6)
Cross reference— Alarm systems, ch. 4; fire prevention and protection, ch. 12.
State Law reference— False fire alarms, G.L. 1956, § 11-44-21.
Sec. 17-5. - Firearms; discharge.#
No person shall discharge any rifle, pistol, bomb or firearm of any kind whatsoever, except persons under military duty, and except in the lawful defense of his person or property.
(Code 1972, § 12-7)
Sec. 17-6. - Games; playing on common during school hours.#
All persons are hereby forbidden to play baseball, football, soccer or any other game tending to disturb the public schools upon the west half of the public common during the session of the public schools located thereon.
(Code 1972, § 12-8)
Sec. 17-7. - Hunting prohibited; exception.#
(a)
No person shall hunt, pursue, take or kill any wild bird or animal, with firearms of any description, within the town, except as provided in this section.
(b)
The provisions of this section shall not be operative so as to make it unlawful for a bona fide resident of the state, or his immediate family, to hunt, pursue, take or kill any wild bird or animal with firearms in the town on land owned by him, or on land leased by him and on which he is actually domiciled.
(Code 1972, § 12-9)
Cross reference— Animals generally, ch. 6.
Sec. 17-8. - Laundries.#
All public laundries, as defined in G.L. 1956, § 5-16-1, shall be required to comply with all pertinent provisions of G.L. 1956, § 5-16-1 et seq.
Sec. 17-9. - Reserved.#
Editor's note— Ord. No. 1999-23, § I, adopted Dec. 15, 1999, repealed § 17-9, which pertained to loitering, obstructing access to public buildings, and prohibited acts, and derived from Code 1972, § 12-12.
Sec. 17-9.1. - Loitering; prohibited acts; standards for enforcement.#
(a)
Definition. To "loiter" means to knowingly remain idle in one general location by either aimlessly walking, sitting, standing or lying about whether in or out of a motor vehicle.
(b)
Actions prohibited.
(1)
It shall be unlawful for any person to loiter with the intent to commit a crime or other statute or ordinance violation.
(2)
It shall be unlawful for any person to loiter under circumstances that warrant a justifiable and reasonable alarm or concern that such actions threaten public safety or a breach of the peace, as pursuant to subsection (d) below.
(3)
It shall be unlawful for any person to loiter in a place, at a time, or in such a manner that impedes or tends to impede the passage of pedestrians or vehicles on a public street or sidewalk under circumstances that warrant a justifiable and reasonable alarm or concern that such impediments threaten public safety or a breach of the peace pursuant to subsection (d) below.
(4)
Nothing in this section shall be construed to punish conduct which is constitutionally permissible.
(c)
Condition precedent to arrest. Prior to any arrest or citation hereunder by a law enforcement officer, it shall be a requirement that the law enforcement officer shall have previously ordered the person to disperse and remove himself or herself from the area.
(d)
Standards for enforcement. In determining whether actions, conduct or circumstances warrant a justifiable and reasonable alarm or concern that the public safety or a breach of the peace is threatened the following factors must be considered by the peace officer:
(1)
The place of the activity or conduct and the usual activities which occur at the location.
(2)
The time of day and duration of the activity or conduct.
(3)
Whether the person's purpose is lawful or unlawful.
(4)
Whether the activity or conduct creates an unreasonable risk of harm to persons or property.
(5)
Whether the activity or conduct is intended to intimidate, annoy, disturb, delay or hinder passersby or persons residing or doing business in the vicinity.
(6)
If on private property, whether the property owner, tenant, or their agent has posted a sign on the property stating "NO LOITERING" or other statement of similar meaning.
(7)
Whether the person to be charged with loitering has been asked by the property owner, tenant, or their agent, or by a security officer to leave the property and whether that person failed to do so immediately and peaceably.
(8)
Whether on other occasions the person to be charged with loitering has been asked by the property owner, tenant, or their agent, or by a security officer or law enforcement officer, to leave the property and whether or not they failed to do so immediately and peaceably.
(9)
The nature of the activity or conduct complained of and whether it would otherwise be constitutionally protected.
(e)
Penalty for violation. Any person found in violation of this section shall be fined up to $500.00 and/or voluntary community service for not more than 50 hours or any one offense.
(Ord. No. 1999-23, § II, 12-15-99; Ord. No. 2017-13, 10-4-17)
Sec. 17-9.2. - Disorderly conduct.#
(a)
A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(1)
Act in an intimidating, violent or tumultuous manner toward another or others whereby any person is placed in fear of safety for his or her life, limb, health or well-being;
(2)
Act in an intimidating, violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged, mutilated, defaced or destroyed, or is, in fact, mutilated, damaged, defaced or destroyed;
(3)
Behave in an intimidating, violent or forceful manner at any time in, upon or in the proximity of a public place in such a manner that such conduct constitutes a clear and present danger to the free and lawful movement of any person or to the extent that any other person will be, or is likely to be, restrained, enjoined, incapacitated or stopped in the lawful exercise of his or her business, occupation, amusement, recreation or any other lawful pursuit;
(4)
Cause, provoke or engage in any fight, brawl or tumultuous or riotous conduct so as to endanger the life, limb, health or well-being of another;
(5)
Urinate or defecate on any public street, alley or sidewalk or the floor of any public place or public building or any place or building where the public has the right to gather or to which it has access, or any private property not owned by the party;
(6)
By acts of violence, interfere with another's pursuit of a lawful occupation;
(7)
Wilfully, knowingly, or recklessly make a false alarm or cry of fire or a false request for the assistance of any firefighting apparatus or personnel, or wilfully, knowingly, or recklessly make a false report or request for assistance of any public or private rescue or assistance services, or, similarly, make a false cry, alarm or request for police assistance;
(8)
Prowl or wander in or upon the private property of another or, without good reason, or without visible or lawful business with the owner or occupant thereof, peek, peep or peer in any door or window of any building or structure thereon;
(9)
Display any deadly weapon, or instrument or thing which by its appearance may be considered a deadly weapon, in any public place in a manner calculated or likely to alarm or frighten another or others;
(b)
The foregoing prohibitions shall be applicable to all persons whether acting alone or in concert with others.
(c)
In no event shall the subdivisions of this section be construed to prevent lawful picketing or lawful demonstrations.
(d)
Whomever violates the foregoing provisions shall be fined not more than $100.00.
(Ord. No. 2004-1, § I, 2-4-04; Ord. No. 2017-13, 10-4-17)
State Law reference— R.I.G.L. §§ 11-11-1, 11-45-1.
Sec. 17-9.3. - Underage possession and consumption of alcohol.#
(a)
Any person who has not reached his or her 21st birthday and has in his or her possession any alcoholic beverage as defined in RIGL, Title 3 shall be fined $300.00 to $750.00 for each offense.
(b)
Any person who has not reached his or her 21st birthday and who has consumed an alcoholic beverage as defined in RIGL, Title 3 shall be fined $300.00 to $750.00 for each offense.
(c)
This section does not apply to the consumption or possession of alcoholic beverages by a person who has not reached his or her 21st birthday if for religious purposes or if a parent or legal guardian has permitted the possession or consumption of the alcoholic beverage within the home of the parent or legal guardian or at other private places not in view of the public where the parent or legal guardian is present.
(Ord. No. 2010-18, 9-29-10)
Sec. 17-10. - Holiday sales.#
(a)
License required. Except for holders of class A liquor licenses, no store, shop or other place of business, trade or entertainment shall be open on any holiday, nor any article sold therein on that day, unless a license therefor is obtained from the town council.
(b)
Issuance of licenses; terms and conditions. The following regulations set out in this section shall govern the issuance of holiday sales licenses in accordance with the provisions of state statutes, subject to such regulations and restrictions as the town council may from time to time make and prescribe:
(1)
No application for a holiday sales license shall be in order for hearing by the town council unless the application has been filed with the town clerk and the fee for such holiday license paid prior to a council meeting.
(2)
The annual fee for each of such holiday sales licenses shall be as set out in section 11-1.
(3)
The town council may avail itself of the authority given it to suspend or revoke licenses, especially if the licensed premises attract noisy, disorderly or otherwise offensive people.
(4)
The sale of commodities and articles at places other than as designated, will result in immediate suspension or revocation of such license.
(5)
In granting any application for a license, the town council may impose such conditions as may be thought wise or useful for the protection of the peace and quiet of the particular holiday for which the license is sought, public convenience or advantage and benefit of the town, and may regulate hours of sale, rental and operation under such licenses, and all other matters connected with their use.
(6)
Licenses issued under this section shall limit the hours during which the licensee may sell the commodities, articles or privileges therein. The normal hours on a particular holiday during which the licensee may be open for business shall be as set forth in state statutes, except that the town council reserves the right to further regulate the hours.
(7)
The license shall always be upon the premises and shall be displayed in full view while such premises are open for business.
(8)
Licensees, on holidays, shall not display their wares beyond the windows of their establishments.
(9)
Licensees shall keep all kinds of fruit screened or otherwise protected against flies or other insects.
(10)
Only ice, milk products, food products, and newspapers may be delivered or sold from carts or other vehicles, and a copy of the license shall accompany such vehicles during such deliveries.
(11)
The town clerk shall establish and publish a deadline for filing a license application pursuant to this chapter. A late fee of $25.00 shall be imposed for failure to file on or before said deadline.
(c)
Definitions.
(1)
Holiday, whenever used in this chapter includes: New Years Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day and Veteran's Day, or on any day which any enumerated holiday is officially celebrated, but does not include Thanksgiving or Christmas.
(Code 1972, §§ 12-15, 12-16; Ord. No. 2004-44, 1-12-05; Ord. No. 2005-31, 9-21-05; Ord. No. 2005-53, 12-14-05; Ord. No. 2011-01, 5-4-11)
Sec. 17-11. - Detective license.#
(a)
Submission to state and local record check. In conformity with the state statutes, the town council may license any person whose principal place of business is located in the town to act as a private detective throughout the state, for the detection, prevention, and punishment of crime, for the term of one year, unless sooner revoked for cause. Before issuance of a license, an applicant must submit to a state and local record check and be fingerprinted and submit to an FBI check. The results of these must be certified as satisfactory by the chief of police.
(b)
Scope of license authority. Nothing in such license shall be construed to confer on a person so licensed any of the authority or power of sheriffs, deputy sheriffs, town sergeants, constables or police officers.
(c)
Fee. The fee for such license shall be according to section 11-1.
(d)
License number; ID. Every person licensed under this section shall be given a permanent license number and shall be issued an identification card which shall be approximately 2½ inches wide and 3½ inches long and shall bear thereon the number assigned to the licensee, the full name, date of birth, residence address, brief description of the licensee, his fingerprints and photograph and a space upon which the licensee shall write his usual signature with pen and ink.
(e)
Cost of certificate. The cost of this license certificate shall be paid by the licensee in addition to the license fee.
(Code 1972, § 12-17; Ord. No. 2008-10, 7-9-08)
Sec. 17-12. - Compliance with building regulations.#
No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and building to be used for that purpose do not fully comply with the requirements of the Code. No such license or permit shall be issued for the conduct of any business or performance of any act which violates the town's zoning ordinance.
(Ord. No. 2000-20, 8-2-00)
Sec. 17-13. - Delinquency of applicant for a license in payment of certain taxes.#
All applicants who are delinquent to the town for fees or in the payment of real or personal property taxes must appear at the town council meeting held to consider their application for a license. All applicants for a town-issued license, including applicants for alcoholic beverage licenses, shall be denied such license unless arrangements satisfactory to the council are made for payment of such taxes and/or fees.
(Ord. No. 2000-20, 8-2-00)
Sec. 17-14. - Approval of licenses subject to tax payment, state approval.#
The town council may approve the issuance of a license subject to the payment of delinquent taxes or the obtaining of any necessary license or permit from the state.
(Ord. No. 2000-20, 8-2-00)
Sec. 17-15. - Delinquency of license renewal payment.#
All holders of any town-issued licenses, including holders of alcoholic beverage licenses, who are delinquent in payments due and owing to the town as of the date of renewal of said license shall be fined $100.00 for each and every day that the license is not issued following the renewal date due to lack of payment of taxes, fees, charges or any other payment owed to the town. The town clerk may, based on the prior history of the payee, require payment of delinquent taxes, fees, and charges to be made in cash, certified check or the equivalent. In the event that a payee makes payment of a license renewal fee or any other outstanding taxes, fees or charges by check and that check is returned unpaid for any reason, the town clerk in conjunction with the town administrator shall have the power to suspend the license. Once a license is suspended, the license holder must reapply to the town council for reinstatement of said license.
(Ord. No. 2002-01, 2-13-02)
Sec. 17-16. - Prohibition against business on Thanksgiving and Christmas.#
It shall be unlawful for any store, shop or other place of business, trade or entertainment to be open for business on Thanksgiving and/or Christmas.
(Ord. No. 2005-53, 12-14-05)
Sec. 17-17. - Sunday sales.#
(a)
It shall be unlawful for any holder of a class A liquor license to be open on Sundays, or to sell any article therein on those days, unless a license therefor is obtained from the town council.
(b)
Issuance of licenses; terms and conditions. The regulations set out in section 17-10 governing the issuance of holiday sales licenses shall also govern the issuance of Sunday sales licenses for holders of class A liquor licenses in accordance with the provisions of state statutes, subject to such regulations and restrictions as the town council may from time to time make and prescribe, and subject to the following condition:
(1)
All Sunday sales licenses issued to holders of class A liquor licenses shall restrict the business thereby licensed to the hours of 12:00 p.m. to 6:00 p.m.
(2)
Sunday sales licenses issued pursuant to this section shall not be effective for Christmas or New Year's Day.
(Ord. No. 2005-53, 12-14-05)