Chapter 25 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

Part of the Code of Ordinances of Bristol, RI.

Local law · Updated June 3, 2026 · 1,402 sections

The text

Footnotes:

--- (1) --- Cross reference— Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the town saved from repeal, § 1-10(4); any ordinance establishing and prescribing the street grades in the town saved from repeal, § 1-10(5); boats, docks and waterways, ch. 8; buildings and building regulations, ch. 9; building numbering, § 9-76 et seq.; environment, ch. 10; historic preservation, ch. 14; motor vehicles and traffic, ch. 16; parks and recreation, ch. 18; peddlers, hawkers and itinerant vendors, ch. 19; solicitation, ch. 23; solid waste management, ch. 24; subdivisions, ch. 26; zoning, ch. 28.

State Law reference— Maintenance of town highways, G.L. 1956, § 24-5-1 et seq.; abandonment by towns, G.L. 1956, § 24-6-1 et seq.; sidewalks, G.L. 1956, § 24-7-1 et seq.

ARTICLE I. - STREETS, SIDEWALKS AND PARKS#

Sec. 25-1. - Placing, depositing or putting merchandise or personal property on sidewalk.#

No person shall deposit, place or put, or suffer to be deposited, placed or put by any person in his employ, any goods, wares, chattels or merchandise on any sidewalk in the town, except while loading or shipping the same, or actually removing the same into or out of some building or enclosure, or loading the same into or unloading the same out of some vehicle, in such a manner as to interfere with the free discharge of the passengers or operator of a motor vehicle onto such sidewalk, whether such operator or passengers are actually being so discharged at the time or not.

(Code 1972, § 20-1)

Sec. 25-2. - Allowing water or other liquid to run onto streets, highways or other public places; exception.#

No person shall throw or deposit, or cause to be thrown or deposited, or suffer to flow into or upon, any street, highway or public place any water or other liquid which causes any noxious or unhealthy effluvia, or any filthy or dirty water. No water upon any land adjoining a public street or highway shall be permitted to run from any such land upon such street or highway, except spring water, the natural run of which may be upon such street or highway, and rainwater.

(Code 1972, § 20-2)

Sec. 25-3. - Bonds prerequisite to use of common.#

(a)

Any person to whom a license is issued for use of the Bristol Common shall first arrange for the posting of penal bond running to the town in the amount of $1,000.00, such bond to be approved by the finance director. Such amount shall be paid to the town if the common grounds, or such portion thereof as are used by such licensee, his or its agents or servants, are not cleared of all debris, refuse, papers, bottles, foodstuffs, scraps and other trash by 8:00 a.m. daily during the use by such licensee, his or its agents or servants, and so cleared also within eight hours after use thereof by such licensee, his or its agents or servants.

(b)

A bond to be approved by the finance director, shall be required of each licensee for use of the common, to cover any liability to which the town might become subject arising out of the operation or use of the common by such licensee, its agents or servants.

(c)

Any person to whom a license is issued for use of the Bristol Common shall first arrange for the posting of a suitable bond running to the town, such bond to be approved by the finance director. Such amount or any fraction thereof shall be payable to the town to cover any liability for property damage or personal injuries to which the town is subject by virtue of or arising out of the operation or use of the common by such licensee, its agents or servants.

(Code 1972, § 20-3)

Sec. 25-4. - Parades.#

(a)

No band of music, drum corps, company of musicians or other like body of people shall parade in or march through, along or across any of the public streets of the town and play upon or use any musical instruments while so parading or marching, without first obtaining a permit thereof from the chief of police.

(b)

No chairs, sleeping bags or any other items designated to "reserve space" may be placed in public areas, including streets, sidewalks and parks, prior to 5:00 a.m. on the day of any parade. "Roping-off" or otherwise reserving sections of a public street, sidewalk, or park along any parade route is prohibited at all times.

(Code 1972, § 20-4; Ord. No. 2002-19, 9-12-02)

Cross reference— Motor vehicles and traffic, ch. 16.

Sec. 25-5. - Streets, parks or common excavations.#

(a)

Permit required. No person shall excavate or dig into any portion of any of the public streets, parks or common in the town for any purpose, without having obtained a special permit therefor from the town council. The provisions of this section shall not apply to excavating or digging conducted by the state in the construction, improvement or maintenance of state roads, or to corporations having a right to excavate or dig into the public streets of the town under or by virtue of a contract between such corporation and the town, or to persons excavating, digging or cutting roads in emergency situations when no permit can reasonably be obtained.

(b)

Issuance of permit; terms and conditions. The town council may at any time issue a special permit authorizing any person to excavate or dig into the public streets, parks or common. Before issuing such special permit, he shall first receive from such person a written application setting forth the name and address of such applicant and a designation of the particular portion of public streets, park or common which the applicant desires to excavate or dig into, and a designation of the purpose for which such excavation or digging is to be carried on. Before issuing such special permit the town council shall receive a bond from such applicant running to the town, in such sum not less than $1,000.00 as the town council may fix, with such surety as is satisfactory to the town council. Such bond shall contain a condition that the obligation of the bond shall be in full force and effect unless the applicant shall, upon final completion of work, comply with subsection (c) of this section, and unless the town shall be free and harmless from all loss or damage arising by reason of any fault or neglect on the part of such applicant in the performance of the work. Such special permit shall designate the purpose of the excavating or digging permitted, and shall designate the particular portion of the public street, park or common to be excavated or dug into, and also the time limit within which such excavation or digging shall be completed. A duplicate of such permit shall be delivered to and recorded by the town clerk. No person who has received such special permit shall be authorized to excavate or dig into the public streets, parks or common at any time or place or for any other purpose than the time, place and purpose designated by such special permit. No person who has received such special permit shall do any work, excavating or digging thereunder, except in conformity with such orders, rules or regulations, general or special, established by the town council.

(c)

Curb-to-curb paving and cold planing. Every person, firm, business or utility digging or making any excavation in any street or highway of the town which has been repaved within five years of the excavation, or who shall cause the same to be done, shall fill up the same as soon as possible thereafter and shall leave such highway or street in as good condition as before the commencement of work. This shall mean the street or highway shall be repaved across the entire right-of-way from curb to curb over the excavated area, and 50 feet on either side of the excavation including cold planing (grinding) and edge matching, with a minimum settlement period of three months and a maximum of six months before permanent repairs are made; and left in a condition satisfactory to and approved by the director of public works.

(d)

Penalties. Except in emergency situations, any person who excavates, digs or cuts roads without first obtaining a permit to do so shall be subject to a warning for the first offense, a $250.00 fine for the second offense, and a $500.00 fine for all subsequent offenses.

(Code 1972, §§ 20-5, 20-6; Ord. No. 2007-33, 11-7-07; Ord. No. 2011-12, 9-7-11)

Sec. 25-6. - Removal of earth, sand or other material from streets, highways or public places.#

No person shall take and carry away from any street, highway or public place, any earth, sand, gravel, stone, sod, or other material, without permission from the director of public works.

(Code 1972, § 20-7)

Sec. 25-7. - Coasting on sleds.#

No person shall slide or coast on any sled, for amusement, on any street, avenue, sidewalk or passageway in the town, except in areas designated by the director of recreation and chief of police.

(Code 1972, § 20-8)

Cross reference— Motor vehicles and traffic, ch. 16.

Sec. 25-8. - Playing ball, throwing stones or missiles in streets.#

No person shall play at ball or throw any stones or other missiles for amusement, in any of the streets or highways of the town.

(Code 1972, § 20-9)

Cross reference— Motor vehicles and traffic, ch. 16.

Sec. 25-9. - Use of a certain portion of Low Lane.#

(a)

The westerly portion of Low Lane, so called, more particularly described in subsection (b) of this section, is hereby limited to travel by foot unless the town council authorizes otherwise by ordinance. Further, the town hereby declares the westerly part or section of Low Lane to be a public highway and shall maintain the same as a foot path while preserving the natural environmental scenic value of this westerly portion of Low Lane.

(b)

The westerly portion of Low Lane is more particularly described as follows:

(1)

Thence: South 00 degrees, 25 minutes, 00 seconds east, along the most westerly end of Low Lane 50 feet to land now or formerly belonging to Rhoda Low;

(2)

Thence: South 89 degrees, 35 minutes, 00 seconds west, along the land now or formerly belonging to Rhoda Low 398.08 feet to a stake set on top of an embankment;

(3)

Thence: Continuing on a bearing of south 89 degrees, 35 minutes, 00 seconds west, 18 feet, plus or minus to the mean high-water line of Mount Hope Bay;

(4)

Thence: Northerly along the mean high-water line of Mount Hope Bay 50.9 feet to the land of Adelaide Nicholson;

(5)

Thence: North 89 degrees, 35 minutes, 00 seconds east, along the Nicholson land 17 feet, plus or minus, to a stake set on top of an embankment;

(6)

Thence: Continuing on a same bearing of north 89 degrees, 35 minutes, 00 seconds east, 407.53 feet to a point of beginning.

The Low Lane right-of-way thus contains 21,015 square feet.

(Code 1972, § 20-10)

Sec. 25-10. - Use of sidewalks for dining and other purposes by business establishments; licensing.#

(a)

License required. Business establishments may make application to the town council for an annual license or a temporary day or week license, to use sidewalks abutting their establishments for outside dining or sales. Each application shall contain:

(1)

The name, address and owner of the business making application.

(2)

The name, address and owner of the real estate wherein the business is located.

(3)

A line drawing or plot plan showing the entire sidewalk area, the placement or location of tables, chairs or racks thereon and dimensions of each.

(4)

Proof of liability insurance from a company licensed to do business in the state and in a form satisfactory to the town solicitor, of no less than $1,000,000.00 protecting the town for all claims and causes of action for personal injury or property damage resulting from use of this license.

(5)

In addition, the applicant will obtain and file with the application a covering letter of approval from the chief of police.

(6)

Applicants shall pay a fee for such license as set forth in the fee schedule in section 11-1.

(b)

Displays of merchandise for sale. Any person displaying merchandise for sale on any public right-of-way or sidewalk is subject to the following provisions:

A merchant shall be allowed to display goods, wares and merchandise on the sidewalk in front of a retail store in the following manner:

No more than 50 percent of the linear feet in front of the store shall be used for display purposes.

The display area shall be no more than 36 inches from the outside wall of the retail store.

The goods, wares or merchandise in the display area shall not exceed a height of six feet.

Any retail store located on or at an intersection of two or more streets shall not display any goods, wares, or merchandise in such a manner that will obstruct the vision of any operator of a motor vehicle, pedestrian, or bicycle on or approaching said intersection.

Regardless of any other conditions, a 36-inch public right-of-way shall be maintained at all times on public sidewalks and thoroughfares.

All display merchandise on a sidewalk must be removed during such times as commercial promotional events or public celebrations are to take place in an area where a licenseholder conducts his or her business.

(c)

Outside dining. No license shall be allowed for outside dining if the sidewalk is less than nine feet wide, measured from the curb to the closest point on the outside wall of the building. For sidewalks between nine feet to 12 feet in width, tables and chairs must be placed close against the building in such a manner as to provide a minimum of seven feet of unobstructed passage width for public use. For sidewalks in excess of 12 feet in width, tables and chairs must be placed close against the building in such a manner as to provide a minimum of eight and one-half feet of unobstructed passage width for public use.

(d)

Additional rules and restrictions. All tables, chairs, racks and merchandise must be removed from the sidewalk or right of way whenever the business is closed. Absolutely no alcoholic beverages are to be served on the sidewalks at any time. The entire sidewalk area in front of a business establishment will be kept at all times neat, clean and with debris immediately removed so as not to cause a hazard or annoyance to pedestrians. No license issued under this section shall be valid on the day of the Bristol Fourth of July Celebration in any year.

(e)

Revocation of license and penalty for violations. Any infraction of this section will be grounds for immediate revocation of this license. For such cause and subject to later review by the town council, the town administrator may revoke or modify any sidewalk license at any time. In addition, the town council may at any time revoke or modify a sidewalk license without cause. Individuals or businesses found in violation of the provisions of this section are also subject to a fine not to exceed $50.00 for the first offense, a fine not to exceed $100.00 for the second and subsequent offenses in addition to any other fine assessed pursuant to this Code.

(f)

Temporary expansion of licensed premises due to COVID-19 restrictions. A license shall not be required in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 25-16.

(Code 1972, § 20-11; Ord. No. 1999-22, 12-15-99; Ord. No. 2020-04, 7-1-20)

Sec. 25-11. - Public school grounds closing hours.#

No person shall be on any public school grounds within the town during the hours that those grounds are closed. All public school grounds, including but not limited to, buildings, playgrounds, recreational facilities and playing fields, shall be closed from 11:00 p.m. to 6:00 a.m. daily, unless permission is granted by the school district to remain open at other designated times.

(Ord. No. 2001-03, 1-24-01)

Sec. 25-12. - Private installation of town sidewalks.#

Any property owner whose property abuts a town sidewalk may, at his or her own expense, and only by application to the town's department of public works, request to replace any portion of that sidewalk which abuts their property subject to the following restrictions: (1)

Any sidewalk privately installed pursuant to this section must meet town standards and must be approved by the town's department of public works prior to installation;

(2)

All sidewalks installed pursuant to this section, although privately installed, shall remain the property of the town;

(3)

The town maintains the right to replace any sidewalk installed pursuant to this section at any time in the interest of the public health, safety, and welfare;

(4)

Any owner wishing to maintain and/or install a sidewalk pursuant to this section shall be required to maintain sufficient insurance coverage to protect both the town and the applicant from all claims for personal injuries which may arise from the installation and/or use of the sidewalk.

(Ord. No. 2006-08, 4-19-06)

Sec. 25-13. - Maintenance and repair of privately installed sidewalks.#

Any owner who installs a sidewalk pursuant to section 25-12 of this chapter shall thereafter be solely responsible for the maintenance and repair of that sidewalk. While the town maintains its ownership of, and its right to replace that sidewalk, the town shall not be responsible in any way for its maintenance or repair.

(Ord. No. 2006-08, 4-19-06)

Sec. 25-14. - Commercial and construction dumpsters.#

(a)

Generally. As used in this section the word "dumpster" shall mean any container which is used for the collection and disposal of bulk trash, refuse, recyclable materials or other kinds of waste, and which may be of the open or enclosed variety, and is typically hoisted onto a specifically equipped truck for transporting said waste to a designated facility. Dumpsters are typically used for commercial and industrial land uses.

(b)

Location of dumpsters. No dumpster shall be placed so that it blocks any public sidewalk. No dumpster shall be located on a public street or alley unless a permit is obtained from the director of the department of public works. If permitted and the dumpster is placed on the public street or alley, the dumpster shall be directly in front of or on the side of the property address utilizing the dumpster. Additionally, a dumpster placed in the street shall:

(1)

Not be more than 12 inches from the curb;

(2)

Not obstruct driveways of abutting properties;

(3)

Not obstruct traffic;

(4)

Have a reflector or reflective area of not less than 36 square inches at each end.

Additionally, a dumpster shall not be placed on the public street if on-street parking for vehicles is not allowed at that location.

(c)

Time limit. The time limits for the maintenance of dumpsters is as follows:

(1)

Residential zoning districts: During any six-month period a dumpster and any replacement dumpster shall be placed for a total of not more than 14 days in any six-month period if placed on the street and not more than 30 days in any six-month period if placed elsewhere. (The time limits prescribed in this subsection do not apply to private dumpsters that service the regular and ordinary disposal needs of multi-household dwellings.)

(2)

Commercial zoning districts: A dumpster and any replacement dumpster placed under this section and not in a public street may remain on the site as long as required. A dumpster or any replacement dumpster placed upon a public street may be placed for not more than a total of 14 days in any six-month period.

(3)

Industrial zoning districts: A dumpster or any replacement dumpster placed under this section may remain on the site as long as needed, but not to exceed a total of 18 months, but not to exceed 14 days if on a public street or sidewalk.

(d)

Sanitation. The following requirements shall be maintained while the dumpster is on or at the site:

(1)

The area around the dumpster shall be kept free of debris and litter;

(2)

Any dumpster into which animal or vegetable waste or material has been dumped or deposited shall be removed or emptied within 24 hours;

(3)

Any dumpster producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor; and

(4)

A full dumpster shall be removed from the property within two days.

(e)

Usage. A dumpster shall only be used to contain and remove debris and material generated at the location where the dumpster is placed.

(f)

Identification. The name and 24-hour, seven days per week telephone number of the owner of the dumpster and/or the company that is responsible for the dumpster shall be displayed in a weather proof manner on the dumpster.

(g)

Permit required. A permit shall be required for a dumpster. The permit shall be obtained from the director of the public works department after paying the required fee, which shall be set by council resolution.

(h)

Abatement. Any dumpster not in compliance with this section is hereby declared to be a public nuisance and may be abated by the city at the owner's or responsible person's expense. Abatement shall, at the city's option, include the removal and/or the emptying of the dumpster.

(i)

Violations; penalties. Enforcement of this section shall be in accordance with section 28-407 of this Code, entitled "Enforcement and penalties."

(Ord. No. 2006-27, 8-23-06)

Sec. 25-15. - Sidewalk alcohol service; licensing.#

(a)

License required. Business establishments in the downtown and waterfront zoning districts may make application to the town council for an annual license or a temporary day or week license, to use sidewalks abutting their establishments for sidewalk alcohol service related to outside dining. A license for sidewalk alcohol service is distinct from a license to serve alcohol as set forth in section 17-83. All requirements set forth in section 25-15 are in addition to requirements set forth in section 25-10. Each application shall contain:

(1)

The name, address and owner of the business making application.

(2)

The name, address and owner of the real estate wherein the business is located.

(3)

A line drawing or plot plan drawn to scale showing the entire sidewalk area, the placement or location of tables, chairs or racks thereon and dimensions of each.

(4)

(5)

In addition, the applicant will obtain and file with the application a covering letter of recommendation from the chief of police and the zoning enforcement officer.

(6)

Applicants shall pay a fee for such license as set forth in the fee schedule in section 11-1.

(b)

Minimum required dimensions. No license shall be allowed for sidewalk alcohol service if the sidewalk is less than nine feet wide, measured from the curb to the closest point on the outside wall of the building. For sidewalks between nine feet to 12 feet in width, tables and chairs must be placed close against the building in such a manner as to provide a minimum of six feet of unobstructed passage width for public use. For sidewalks in excess of 12 feet in width, tables and chairs must be placed close against the building in such a manner as to provide a minimum of six feet plus 50 percent of the width of the sidewalk beyond 12 feet of unobstructed passage width for public use. However, the width of unobstructed passage need not exceed eight and one-half feet no matter the width of the sidewalk.

(c)

The designated area. The area in which tables and chairs may be placed and patrons may be served shall be known as the "designated area." The designated area must be clearly delineated by object(s) such as planters, small wrought iron fences, roping or other appropriate means. All object(s) must remain entirely within the designated area. No part of the outside dining area, object(s) used to delineate the designated area or other objects (e.g., the base of object(s) or the tip of umbrella(s)) shall encroach upon the sidewalk outside the designated area or encroach upon any part of the frontage of any adjacent premises, right-of-way or alley. All patrons must enter and exit the designated area through the business establishment. A sign or signs must be posted in the designated area indicating hours of service.

(d)

Additional license required. An applicant shall not sell, serve or allow consumption of alcoholic beverages in the designated area without receiving a class B license or amendment to existing license from the "license commissioners" as set forth in section 17-83.

(e)

Provision of alcoholic beverages. All alcoholic beverages sold, served, or allowed outside of the licensed establishment must remain inside of the designated area. The ratio of service of food to service of alcohol must be a minimum of 53 percent to 47 percent of food service by dollar sales, and every establishment shall submit an affidavit signed by the license holder attesting to and setting forth the actual ratio for the previous year, with each renewal application. Alcoholic beverages shall only be served with food. However, alcoholic beverages shall not be served with carry-out food. An outside host/hostess must be available while service is taking place. The penalty for violating any provision in section 25-15(e), as set forth in section 25-15(g), may include a fine or revocation of the license.

(f)

Additional rules and restrictions. All tables, chairs, planters, small wrought iron fences, roping, racks and merchandise must be removed from the sidewalk by no later than 10:00 p.m. on Sunday through Thursday, and no later than 11:00 p.m., on Friday and Saturday, provided that the town council may require an earlier closing time in the granting of the license. The entire sidewalk area in front of a business establishment will be kept at all times neat, clean and with debris immediately removed so as not to cause a hazard or annoyance to pedestrians. The following are prohibited in the designated area: cooking of food, unshielded trash or refuse storage, advertisements (exclusive of menus intended to be read from the licensed establishment); outside entertainment, music, speakers or public address systems. No license issued under this section shall be valid for the day of the Fourth of July parade in any year.

(g)

Suspension or revocation of license and penalty for violations. Any infraction of this section may be grounds for suspension or revocation of this license. For just cause and subject to later review by the town council, the town administrator may immediately suspend any sidewalk license in the interest of public safety. In addition, the town council may, upon a hearing, suspend, revoke or modify a sidewalk license and/or impose fines. Individuals or businesses found in violation of the provisions of this section are also subject to a fine not to exceed $100.00 for the first offense, a fine not to exceed $500.00 for the second and subsequent offenses in addition to any other fine assessed pursuant to this Code.

(h)

(Ord. No. 2014-05, 4-30-14; Ord. No. 2015-05, 4-29-15; Ord. No. 2016-04, 3-30-16; Ord. No. 2020-04, 7-1-20)

Sec. 25-16. - Reserved.#

Editor's note— Ord. No. 2023-05, adopted March 29, 2023, repealed § 25-16, which pertained to seasonal outdoor seating on State Street and derived from Ord. No. 2022-05, adopted June 1, 2022.

Sec. 25-17. - Seasonal use of public streets for outdoor dining by business establishments.#

(a)

Purpose. The following rules and regulations are intended to protect public health and safety and to provide restaurants and food service vendors one-stop permitting for approval of outdoor dining on public property within the existing on-street parking areas, excluding the handicap spaces.

(b)

Incorporation of design guidelines and manual. The Town of Bristol Outdoor Dining Design Guidelines and Manual, dated March 2023 and as may be further amended from time to time by the town administrator (the "manual") is hereby incorporated by reference, and shall govern the approval process, the operational requirements, the construction requirements and the design and material requirements, except where contrary to any provision of this section of the Code of Ordinances. In the event of a conflict between the manual and this section of the Code, the terms of this section of the Code shall prevail.

(c)

License required. Business establishments must make application to the town council for an annual license or a temporary day or week license, to use the on-street parking areas, excluding handicap spaces, in front of their establishments for outside dining. Each application shall contain:

(1)

The name, address, and owner of the business making application.

(2)

The name, address, and owner of the real estate wherein the business is located.

(3)

A line drawing or plot plan stamped by a licensed professional showing the entire parking area to be used along with the number and placement or location of tables and seats thereon and approximate dimensions of each.

(4)

Photos or other graphic representation including color and material of furniture and other accessories (umbrellas, lights, etc.) to be installed.

(5)

A schedule of hours of operation of the restaurant and the outside dining area.

(6)

Proof that the outdoor dining area will comply with applicable building codes, health department regulations, and the Rhode Island Department of Business Regulations (DBR). Alcoholic beverages may not be served in the outside dining area unless the appropriate license is first obtained and/or modified to include the permitted area and only after obtaining approval from the town council.

(7)

Establishments shall accommodate handicapped persons in the outside dining areas and shall include dimensions and grading on the plan to show compliance per ADA Regulations. The building inspector shall specifically approve the location/ placement of all outside furniture, including but not limited to tables, chairs, umbrellas, barriers, to ensure safe and adequate ingress and egress.

(8)

The area in which tables and chairs may be placed and patrons may be served shall be known as the "designated area." The designated area shall be enclosed and clearly delineated by means of a barrier specified on the plan. The designated area must be clearly delineated by objects such as planters, fences, or other appropriate means. All objects, including dining furniture, must remain entirely within the designated area. No part of the outside dining area, object(s) used to delineate the designated areas or other objects such as the tip of umbrellas shall encroach upon the sidewalk outside the designated area or encroach upon any part of the frontage of the adjacent premises, right-of-way or alley. All patrons must enter and exit through the designated areas. Barriers are required where the edge of any dining area would encounter or has the potential to encounter motor vehicles.

(9)

Proof of liability insurance from a company licensed to do business in the state and in a form satisfactory to the town solicitor, of no less than $1,000,000.00 protecting the town from all claims and causes of action for personal injury or property damage resulting from use of this license.

(10)

The applicant will obtain and file with the application to the town council approval by the building inspector, police chief, fire chief, public works director, and the community development director.

(11)

Applicants shall pay a flat fee of $100.00 per season for such license for outdoor dining application payable to the Town of Bristol.

(d)

Additional rules and restrictions. All tables and chairs must be removed from the parking area upon order of the town administrator if special events require it or if a significant storm may require it. The entire sidewalk/dining area in front of a business establishment will be kept at all times neat, clean and with debris immediately removed so as not to cause a hazard or annoyance to pedestrians.

(e)

Suspension, revocation, and modification of license and penalty for violations. Any infraction of this section will be grounds for fine, suspension or revocation of this license. Individuals or businesses found in violation of the provisions of this section are also subject to a fine for any general offense pursuant to this Code. For imminent public health and safety concerns, the town administrator may suspend or modify any outdoor dining license at any time subject to later review by the town council. In addition, the town council may, for due cause shown and with notice and hearing, levy a fine, and/or suspend, revoke or modify an outdoor dining license.

(Ord. No. 2023-05, 3-29-23)

Secs. 25-18—25-20. - Reserved.#

ARTICLE II. - PROTECTION AND MAINTENANCE OF TREES IN PUBLIC PLACES#

Sec. 25-21. - Purpose and intent.#

The town council finds that trees are economically beneficial to the town and the community in attracting residents, visitors, and new industry, and further that healthy trees, properly located enhance the value and marketability of property; enhance the quality of life in the community; and promote the stability of neighborhoods by providing a healthy and more beautiful environment in which to live. The town council further finds that the Town of Bristol has a great variety of both tree and shrub species which should be protected and maintained in order to preserve the public health, safety and general welfare.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-22. - Short title.#

This article shall be known and may be cited as the tree ordinance of the town.

This article regulates the protection, maintenance and planting of trees in public places and authorizes the conservation commission to act as the tree commission.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-23. - Scope.#

This article shall regulate the protection, maintenance, removal, and planting of trees in public streets, and other public places excluding public school grounds, town parks and the town beach. This ordinance shall not be applicable to the care and control of trees and shrubs on roads under the control of the department of transportation nor those in public parks or grounds which are under the jurisdiction and control of the department of environmental management. Nothing in this ordinance shall be inconsistent with state regulations as set forth in G.L. 1965, Title 2. For purposes of this article the term "tree" shall mean any living, self-supporting wood plant that has a well defined stem(s) with a caliper of at least two inches at 4.5 feet from ground level.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-24. - Regulation by the town administrator.#

The town administrator shall retain jurisdiction for the maintenance and preservation of trees and all forestry functions including the care and removal of trees within the jurisdiction of the town. The town administrator shall review all requests for permission for any planting, removal, or trimming of trees within any public right of way. In reviewing each request the town administrator shall obtain a report from the tree warden.

Written permission shall be granted by the town administrator and such permission may include reasonable conditions consistent with the purposes of this article, the master tree management plan described in section 25-28, and the recommendations of the Tree Warden. All planting, removal, or trimming of trees within any public right of way shall be conducted by, or under the supervision of, the tree warden.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-25. - Tree warden—Appointment and qualifications.#

A tree warden shall be appointed by the town council pursuant by the town Charter and Title 2, Chapter 14 of the Rhode Island General Laws. The tree warden shall be a state licensed arborist, or if not a licensed arborist, within six months of his assuming office, the tree warden shall become a state licensed arborist.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-26. - Same—Term of office and vacancies.#

A tree warden whose appointment has been approved by the director of the environmental management shall hold office until the first day of march in the year following his appointment and until his successor is duly appointed and approved. Any vacancy that may occur in the office of the tree warden shall be filled by the town council by the appointment of some person to serve for the remainder of the term subject to the approval of the director.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-27. - Same—Powers and duties.#

The powers and duties of the tree warden shall conform to those duties and responsibilities outlined in G.L. §§ 2-14-1—2-14-10 as may be amended and include the following: (1)

Enforce all provisions of state and local laws for the preservation of trees and shrubs in accordance with this article.

(2)

Be responsible for all planting, removal, or trimming of trees within any public right of way within the town.

(3)

Shall serve as a member of the tree commission.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-28. - Authority of the Bristol Conservation Commission function as tree commission.#

(a)

The Bristol Conservation Commission existing as an advisory commission under the authority of the town council shall function as the tree commission. The tree warden shall be a member of the tree commission.

(b)

The tree commission shall prepare in accordance with this article a master tree management plan (master plan) and recommend the same to the town council for adoption. The master plan shall be a five-year systemized tree management plan which makes recommendations for the regulation of the cultivation and planting of trees. The master plan shall be revised every five years. The goals and recommendations of the R.I. Urban and Community Forest Plan, State Guide Plan Element No. 156 shall be used as a guide when developing the master plan. The five-year master plan shall include, but is not limited to the following:

(1)

Tree inventory and/or management plan;

(2)

Tree planting plan;

(3)

Tree maintenance plan;

(4)

Plans for a public education program;

(5)

Budgetary forecast; and,

(6)

Funding opportunities.

The tree commission shall also prepare an annual action plan (yearly plan) which shall include specific details on maintenance needs, planting needs, public education and an annual evaluation of the previous year's activities.

(c)

The commission shall prepare budgetary recommendations annually and recommend the same to the town council for adoption.

(d)

The tree commission shall be responsible for developing administrative guidelines as a supplement to this article which will address the day to day procedures and specifications for tree protection, maintenance, removal and planting of trees in public places.

(e)

The tree commission shall communicate and work with civic and public interest groups concerned with tree care, management, preservation, and planting as well as with public utility companies and coordinate their activities with all necessary town officers, commissions, and boards in the following areas:

(1)

The development of administrative procedures to regulate and manage day to day forestry functions in public places.

(2)

Assurance that all forestry functions are carried out consistent with the insurance of public safety, protection of the aesthetics of public places, and the preservation of the value and health of Bristol's trees.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-29. - Protection of trees within public rights-of-way.#

The following special restrictions shall apply concerning any tree located in a public right-of-way within the scope of this article: (1)

No person shall deposit, place, store, or maintain any stone, brick, sand, material, concrete, or other materials that may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein except by written permit from the tree warden.

(2)

No person shall preclude the percolation of water or nutrients and gaseous exchange vital to a tree's survival by placing any impervious materials within the confines of the tree well opening.

(3)

No person shall move any building or any other large object that may injure public trees or parts thereof without first obtaining the written approval of the tree warden.

(4)

All trees within a public right-of-way that are within 30 feet of any excavation or construction of any building/structure or street work shall be guarded through the length of the project with good substantial frame or box not less than four feet high. The owner(s) of the property where the excavation or construction occurs shall be responsible for compliance with this provision of the article.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-30. - Enforcement replacement, penalties.#

(a)

All trees removed, destroyed or damaged as a result of unauthorized activity shall be replaced at the expense of the responsible person or persons. Replacement of trees shall be made with 3.5 to 6 inch caliper trees as directed by the tree commission following consultation with the tree warden. The total replacement in caliper inches shall equal the total caliper inches removed. All new and/or transplanted trees and shrubs shall be guaranteed by the responsible person for one year.

(b)

The tree warden shall investigate suspected violations of this article. Upon determining that a violation exists, the tree warden shall within 15 days give written notice of the violation to the person or persons responsible. A copy of such notice shall also be sent to the tree commission.

(c)

The person(s) have five days to respond to any notice of violation. A person receiving a notice of violation may either deny in writing that a violation exists and request reconsideration by the tree warden, citing specific reasons for this request, or cause the violation to be cured. Where a reconsideration is requested, the tree warden shall respond promptly in writing citing facts of the case and applicable ordinance provisions. If the owner fails to take any action in a timely manner monetary penalties may be assessed.

(d)

Any person(s) found in violation of this article may be fined up to $500.00 for each offense, such fine to inure to the town and be made a part of the tree planting account. The fine shall relate to the seriousness of the offense. Each day of the existence of any violation shall be deemed a separate offense. The tree warden is hereby empowered to levy such fines, with written appeal thereupon to the municipal court.

(e)

Wherein a 15-day period a responsible person fails to remove the violation and/or pay all fines in full that have been levied, the tree warden shall either cause the violation to be cured, or file an action in the municipal court to (i) compel payment of all fines, and/or (ii) institute other appropriate action in the municipal court to prevent, enjoin, abate or remove such violation, or compel compliance with the provisions of this article. Any costs associated with correcting the violation and/or any unpaid fines and court costs may be filed by the town as liens on the property, except where the municipal court provides otherwise. Appeals from decisions of the municipal court shall be in accordance with section 2-216 of the town code.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-31. - Emergencies.#

The requirements of this article may be waived by the director of public works in the case of emergencies such as winter storms, tropical storms, hurricanes, or other natural or manmade disasters so that they in no way shall hinder private or public works to restore order to the town. All emergencies shall, to the degree practical, follow the standards of this article.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-32. - Exemptions.#

The requirements of this article shall not apply to decisions of the director of public works or his/her designee in carrying out the duties and responsibilities of his or her office. Routine and/or emergency activities of the department of public works, which may be required to ensure the public safety, shall be exempt from the requirements of this article.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-33. - Interference with the tree warden.#

No person shall hinder, prevent, delay, or interfere with the tree warden or any of his or her assistants while they are engaged in carrying out the implementation of this article; provided, however, that nothing herein shall be construed as an intent to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction, or the protection of property rights by the owner of any property within town.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-34. - Effective date.#

This article and any amendment thereto shall be declared to be of immediate necessity for the preservation of public peace, health and safety and shall be in full force and effective from and after its passage and publication as provided by law.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-35. - Severability.#

If any one or more sections of this ordinance shall for any reason be adjudged unconstitutional or otherwise invalid, the judgment shall not effect, impair, or invalidate the remaining provisions.

(Ord. No. 2001-09, 3-28-01)

Sec. 25-36. - Relationship to other ordinances.#

Nothing in this article shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of the zoning ordinance or the subdivision and land development regulations of the town.

(Ord. No. 2001-09, 3-28-01)

Secs. 25-37—25-46. - Reserved.#

ARTICLE III. - WORK IN TOWN ROADWAY, HIGHWAY, STREET#

Footnotes:

--- (2) --- Editor's note— Ord. No. 2019-14 adopted Oct. 30 2019, adopted §§ 25-37—25-39. They were renumbered and codified as §§ 25-47—25-49.

Sec. 25-47. - Permit.#

No licensed person, governmental agency or public service company shall perform any work on any town highway, road, street, etc., in the town without first obtaining a permit to do so from the director of public works. As a condition of the permit, said licensed person, governmental agency or public service company shall be required to completely repave and repair the roadway from curbline to curbline for utility main extensions or main replacement. The scope and limits of the road repair shall be determined by the director of public works and shall include, but not be limited to, full depth trench repair (2½" bituminous binder course and a 1½" bituminous surface), asphalt removal and disposal and/or reclaiming the roadway from curb-to-curb and placement of new bituminous concrete binder course for trench area and surface course asphalt from curb to curb for main extensions or replacement, and as directed by the public works director for utility service connections or emergency repairs.

(Ord. No. 2019-14, 10-30-19)

Sec. 25-48. - Utility main extensions.#

(a)

Permit applications for all utility main extensions; water, gas, sewer, underground telephone and electric cable; shall be filed with the public services office 30 days in advance of anticipated date of construction. These permits will be reviewed by all appropriate department heads before a permit is issued. The applicant shall include a plan and profile, stamped by a Rhode Island Registered Professional Engineer, of the proposed utility main extension in a format acceptable to the public works director. As a condition of said permit, the applicant shall be required to:

(1)

Install service laterals for each respective utility to the property line for any parcel abutting the proposed utility main extension, provided, however, the director of public works may waive this requirement for gas service laterals if, in his opinion, it is unlikely that said gas service lateral will be put to use within five years from its installation.

(2)

Completely repave and repair the roadway from curbline to curbline. The scope and limits of the road repair shall be determined by the director of public works and shall include, but not be limited to, full depth trench repair, asphalt removal and disposal and/or reclaiming the roadway from curb-to-curb and placement of new bituminous concrete binder and surface course asphalt.

(b)

Proposed location of the utility main extension within the town right-of-way will be reviewed and approved by the director of public works. Temporary and permanent trench restorations shall be clearly noted on the construction drawings and approved by the director of public works on a case by case basis and in accordance with the existing bituminous road surface and gravel subbase. The scope and limits of the road repair shall be determined by the director of public works and shall include, but not be limited to, full depth trench repair, asphalt removal and disposal and/or reclaiming the roadway from curb-to-curb and placement of new bituminous concrete binder and surface course asphalt.

(Ord. No. 2019-14, 10-30-19)

Sec. 25-49. - Utility service connections and main repairs.#

The scope and limits of the road repairs for utility service connections and emergency repair trenches shall be determined by the director of public works. This work will include sawcutting the trench to provide a straight trench line, removal of the temporary bituminous patch, and full depth trench repair, which includes a 2½" bituminous binder course and a 1½" bituminous surface course to the limits established by the director of public works.

(Ord. No. 2019-14, 10-30-19)