The text
Footnotes:
--- (1) --- Cross reference— Administration and enforcement of traffic regulations, § 16-41 et seq.; personnel, ch. 20; police, ch. 21; taxation, ch. 27; administration of zoning regulations, § 28-31 et seq.; administration, enforcement and relief of zoning regulations, § 28-401 et seq.
State Law reference— Cities and towns, G.L. 1956, § 45-1-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 2-1. - Handicapped grievance procedure.#
(a)
A handicapped grievance complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
(b)
A handicapped grievance complaint should be filed within ten days after the complainant becomes aware of the alleged violation. Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.
(c)
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the town administrator. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, any opportunity to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55(d)(2), the town need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.
(d)
A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the town administrator and a copy forwarded to the complainant no later than ten days after its filing.
(e)
The section 504 coordinator shall maintain the files and records of the town administrator relating to the complaints filed.
(f)
The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within ten days to the town council chairman.
(g)
The right of person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a section 504 complaint with the Office of Revenue Sharing, U.S. Department of the Treasury. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.
(h)
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the town complies with section 504 and the ORS regulations.
(Code 1972, § 2-3.2)
Secs. 2-2—2-30. - Reserved.#
ARTICLE II. - TOWN COUNCIL#
Footnotes:
--- (2) --- State Law reference— Councils and governing bodies, G.L. 1956, § 45-5-1 et seq.
Sec. 2-31. - Rules for town council meetings; certain council petitions exempt from action at meetings.#
(a)
In general, order and decorum will prevail in the council chambers during meetings.
(b)
All matters to come before the council must be filed with the council clerk no later than 4:00 p.m. of the Wednesday preceding the meeting. All matters filed after this deadline will be held over for the next meeting. However, a councilmember has the prerogative to introduce new matters at any meeting. Also, an agenda will be prepared and be available for public inspection at the meetings.
(c)
In the interests of time and efficiency, the clerk will not read the items in their entirety. Instead, the clerk will first mention whom the item is from. Then the clerk will give a short statement indicating the nature of the request, after which the council will take action on the matter. All items will be made public for those interested in reading the entire text. If, for some reason, any councilmember or the author of the petition or letter is at the council meeting and wants his item read in full, the council will oblige.
(d)
No petition, letter, or other matter shall appear on the council agenda unless said petition, letter, or other filing shall contain the complete name and address of the applicant or petitioner, fully legible, together with a telephone number, if any.
(e)
Certain petitions to the town council need not come before the town council but may be handled administratively in the following manner:
(1)
Petitions for road cuts or utility pole installation shall be approved by the director of public works on behalf of the town council, subject to approval of the town administrator or his designee.
(2)
Petitions for street lights or sidewalk and curbing installation under the matching fund program shall be processed by the director of public works on behalf of the town council, subject to availability of funds and forwarded to the town administrator for approval subject to funds.
(3)
All renewals of town-granted licenses, for example, play pool licenses, cesspool pumpers' licenses, Sunday sales licenses, victualling licenses, peddlers' licenses, detective licenses, motion picture licenses, entertainment licenses, etc., shall be processed by the council clerk on behalf of the town council, subject to the payment of the appropriate fee and filing any necessary bonds.
(4)
All petitions for junk licenses, intoxicating beverage licenses or other licenses requiring public hearing, upon payment of the cost of submitting notice and advertising, shall be set up for a public hearing by the council clerk at the time and place of a regular town council meeting and advertised accordingly.
(5)
Petitions for Class F or F-1 beverage license (one-day license) or petitions for a religious street parade shall be approved by the council clerk on behalf of the town council, subject to notice to and approval of the town administrator. This section shall not apply when such a petition is made by a limited liability company or a sole proprietorship.
(f)
Nothing herein shall preclude the town council from acting on requests before it or from taking action where necessary against holders of licenses granted hereunder.
(Code 1972, § 2-1; Ord. No. 2015-07, 6-10-15; Ord. No. 2015-08, 6-10-15; Ord. No. 2019-10, 9-18-19)
Secs. 2-32—2-60. - Reserved.#
ARTICLE III. - OFFICERS AND EMPLOYEES#
Footnotes:
--- (3) --- Charter reference— Town officials, § 601 et seq.
Cross reference— Any personnel regulations, any ordinance or resolution establishing salaries of town officers and employees or civil service rules saved from repeal, § 1-10(3); fire department, § 12-31 et seq.; personnel, ch. 20; police, ch. 21.
Sec. 2-61. - Platting engineer.#
(a)
There shall be a platting engineer appointed by the town council to serve for a term of three years. The appointment shall be made by selecting one name from a list of not more than three names submitted by the planning board. The platting engineer shall be a graduate civil engineer or have equivalent training. He shall be familiar with the rules and regulations governing the platting or other subdivision of land. The platting engineer shall:
(1)
Review plats for compliance with the rules and regulations of the planning board, all local ordinances and state laws;
(2)
Supervise the construction of the subdivision to insure conformity with the technical requirements of the rules and regulations;
(3)
Submit written reports and recommendations to the planning board prior to the preliminary hearing, final hearing and public hearing;
(4)
Review divisions of land, other than by subdivision, to determine their compliance with the rules and regulations, local ordinances and state laws.
(b)
The platting engineer need not be required to devote full-time to the duties of his office. He shall receive such compensation as may be set by the town council at the time of his appointment.
(Code 1972, § 2-3.1)
Secs. 2-62—2-90. - Reserved.#
ARTICLE IV. - BOARDS, COMMISSIONS AND COMMITTEES#
Footnotes:
--- (4) --- Cross reference— Harbor Commission Advisory Committee, § 8-91 et seq.; board of fire engineers, § 12-56 et seq.; historic district commission, § 14-4; recreation board, § 18-41 et seq.; platting board of review, § 26-6; board of tax assessment review, § 27-41 et seq.; zoning board of review, § 28-408.
DIVISION 1. - GENERALLY#
Sec. 2-91. - Minutes of boards, commissions and committees.#
All boards, commissions and committees responsible to the town council shall keep written minutes and furnish copies of the same to the town council on a monthly basis.
(Code 1972, § 2-2)
Sec. 2-92. - Employees.#
No member of a board or commission, or agent thereof, may hire an individual to work for the board or commission in an administrative capacity, staff position or service employment position, if such individual is a member of the board or commission member's immediate family. Immediate family is defined as spouse, mother, father, sister, brother and children.
(Code 1972, § 2-31)
Secs. 2-93—2-110. - Reserved.#
DIVISION 2. - JOINT WATER AUTHORITY#
Sec. 2-111. - Joint water authority.#
(a)
There is hereby created a joint water authority for the towns of Barrington, Warren and Bristol. Such water authority shall be composed of nine members who shall hold office until their successors shall have been appointed and shall have qualified. Three members shall be appointed by each of the town councils of the respective towns, and the water authority shall be organized and shall function under, and shall exercise the powers and be subject to the duties and obligations imposed by, the public law of the state adopted March 15, 1945, entitled "An Act authorizing the Creation of One or More Water Authorities by the Towns of Barrington, Warren and Bristol, or Any One or More of the Said Towns."
(b)
The water authority shall file such written reports on such dates or within such periods as each of the several town councils shall ordain, in furtherance of the joint action hereby undertaken.
(Code 1972, § 2-3)
Secs. 2-112—2-130. - Reserved.#
DIVISION 3. - JUVENILE HEARING BOARD#
Sec. 2-131. - Established.#
There is hereby established within the town a juvenile hearing board with the powers set forth in this division for the purpose of hearing all cases referred to such board by the chief of police of the town with respect to persons resident in the town, under the age of 18, who are charged with violating the criminal laws of the state or the town.
(Code 1972, § 2-51)
Sec. 2-132. - Composition.#
The membership of the juvenile hearing board shall consist of five members and one alternate, all of whom shall be persons over the age of 18 years, to be appointed by the town council, all of whom shall have been resident for at least three years within the town. The town council shall appoint one member whose term shall expire on December 30, 1986, and thereafter until his successor is appointed and qualified two members whose terms shall expire on December 30, 1987, and thereafter until their successors are appointed and qualified, and two members whose terms shall expire on December 30, 1988, and thereafter until their successors are appointed and qualify. The town council shall appoint an alternate member whose term shall expire on December 30, 2003, and thereafter until a successor is appointed and qualifies. During the month of December, and annually thereafter, the town council shall appoint members to succeed the members whose terms will then next expire, to serve for a term of three years, commencing on January 1, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.
(Code 1972, § 2-52; Ord. No. 2001-4, 1-24-01; Ord. No. 2001-06A, 3-7-01)
Sec. 2-133. - Powers and duties.#
The juvenile hearing board shall hear all cases referred to it by the chief of police and shall determine whether there is reasonable cause to believe that the person so referred has committed the offense alleged and whether such person should be disciplined as a result thereof. A further condition of referral is that the juvenile agrees to his involvement in the incident and waives his rights. In making such determination, the juvenile hearing board shall not be bound by the customary rules of evidence, and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction. In those cases in which the juvenile hearing board shall determine that there is reasonable ground to believe that the offense was committed by the person so charged and that such person should be disciplined, it shall recommend sanctions (other than incarceration) and shall direct restitution for any injuries resulting from the commission of such offense. In those cases in which the board shall order restitution, it shall attempt to assist the juvenile offender and his parents in providing a means whereby the offender may make such restitution including, without limiting the generality of the foregoing, attempting to provide with cooperation of the town administrator or the superintendent of schools suitable employment by the town. In any such proceeding the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his parents to agree to the sanctions imposed, and the amount of restitution and manner of making the restitution. In ordering restitution, the juvenile hearing board shall take into account the juvenile offender's ability to pay, and the amount of actual damage caused as a result of the commission of such offense.
(Code 1972, § 2-53)
Sec. 2-134. - Hearings.#
The juvenile hearing board shall meet not less than once each month. It shall give notice of the matters to be heard before it, to the chief of police, the juvenile officer and the juvenile offender and his parents, not less than seven days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile, and his legal guardians, transact its business in public. The juvenile hearing board shall elect one from its members as its chairperson, and one as its vice-chairperson and one as its secretary. In the absence of the chairperson the vice-chairperson shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted.
(Code 1972, § 2-54)
Secs. 2-135—2-150. - Reserved.#
DIVISION 4. - REDEVELOPMENT AGENCY#
Sec. 2-151. - Established.#
In accordance with Rhode Island General Law 45-31-12, there is established hereby a redevelopment agency which shall consist of eight members who are residents of the community, five members of which shall be regular voting members whose tenure shall be in accordance with section 45-31-13 of the Rhode Island General Laws and three members of which shall serve as alternate members whose term of appointment shall be two years.
(Code 1972, § 2-41; Ord. No. 2005-36, 9-21-05)
Sec. 2-152. - Purposes.#
The redevelopment agency shall have the following purposes: (1)
To provide assistance to the town council, town administrator, and director of community development in attracting and retaining industry and commerce.
(2)
To administer CDBG business loans in coordination with the CDBG program manager, including investigating and processing all applications for loans, the recommendation of the terms and conditions of such loan with respect to each potential recipient, and the preparation of legal instruments and documents necessary to protect the funds loaned by the town.
(Code 1972, § 2-42; Ord. No. 2005-36, 9-21-05)
Sec. 2-153. - Powers and duties.#
(a)
Agency body. As the redevelopment agency may be requested from time to time by the town council, such agency shall submit to the town council an evaluation of the state of the town's economy and a comprehensive economic development strategy to survey the overall condition of the town from the standpoint of determining whether the town has the climate and furnishes the services and facilities that are conducive to industrial and economic expansion, and to recommend goals and objectives for economic development, identify the town's assets, and identify real estate that would be realistic sites for industrial development. The strategy for economic development should include proposals for the best way to develop new industrial parks, and the best way to develop old, existing industrial areas into renovated industrial parks. The strategy should give consideration to the proper role for the town's waterfront, tourism, commercial development, downtown revitalization, apartment development and industrial development. The strategy should include recommendations as to the type of industries best suited to the town. As may be requested from time to time by the town council, such agency shall provide the town council with recommended site development plans and/or specific action plans to accomplish projects related to the town's economic development. As may be requested from time to time by the town council such agency shall provide the town council with advisory opinions on applications for zone changes pertaining to the town's economic development. To facilitate and expedite a developer's application, the agency will meet with the planning board to review and evaluate proposed zone changes. As may be requested from time to time by the town council such agency shall provide the town council advisory opinions on requests for any incentives, subsidies, tax abatements, or other assistance to promote industrial or commercial relocation or expansion.
(b)
Administration of loans. Loans may be administered as follows:
(1)
As may be requested from time to time by the town council the redevelopment agency in coordination with the CDBG program manager shall provide the town council with recommendations as to recipients for loans with specific reports concerning the applicants for such loans and including any terms and conditions which the redevelopment agency feels should be placed on any loans for the benefit of the town.
(2)
The redevelopment agency shall also submit to the town council certain guidelines concerning any and all loan applications and the loan application process. Such guidelines shall be submitted to the town council for its approval and shall include the following requirements:
a.
All loans must be repaid at an interest rate to be determined by the town council in compliance with federal and state law.
b.
The town must have a secured position with respect to each loan and shall have a mortgage on any and all real estate and a security interest on any property, equipment or any other collateral of any recipient.
c.
The recipient must pay all fees associated with the loan including title search, legal documents and collection fees.
d.
A bank account for repayments of such loan shall be established by the town treasurer, and such account shall earn interest.
e.
All such funds collected by the redevelopment agency shall be reported on a quarterly basis to the town council.
f.
The redevelopment agency shall review progress to evaluate conformance with originally stated purposes and projected hiring levels with respect to any and all loans granted to businesses.
g.
If the recipient fails to comply with the conditions of loan, then such default shall be reported to the town council immediately, and such measures or remedies reserved by the town shall be recommended by the redevelopment agency to town council at such time.
h.
All such loans shall be reviewed by the redevelopment agency every 90 days, and a report shall be submitted with any and all recommendations to the town council.
i.
The redevelopment agency has the right and duty to appraise any and all equipment or property offered as security for a loan and cost of such appraisal shall be borne by the applicant and/or recipient.
j.
Loans are not to be used for venture capital but must be used to expand existing plant or increase number of jobs in existing business.
(Code 1972, § 2-43; Ord. No. 2005-36, 9-21-05)
Sec. 2-154. - Redevelopment area established.#
A redevelopment area is established pursuant to G.L. 1956, § 45-32-4 and § 45-32-11, and comprises an area within the downtown area bounded by the following: • Centerline of Franklin Street, to the north,
• Centerline of Hope Street, to the east,
• Centerline of Constitution Street, to the south, and
• Bristol Harbor to the west.
(Ord. No. 2005-41, 10-26-05)
Sec. 2-155. - Redevelopment plan (Downtown) adopted.#
A redevelopment plan for Downtown Bristol is adopted pursuant to G.L. 1956, § 45-32-4 and § 45-32-11, which was prepared by the Bristol Redevelopment Agency through a study entitled Town of Bristol, Redevelopment Plan for Downtown Bristol, as amended, and is designated as Official Redevelopment Plan Number 2005-1 and is further amended as of October 25, 2006.
(Ord. No. 2005-42, 10-26-05; Ord. No. 2006-37, 11-15-06)
Secs. 2-156—2-160. - Reserved.#
DIVISION 5. - COMMISSIONERS OF THE CEMETERIES#
Footnotes:
--- (5) --- Editor's note— Ord. No. 2005-40, adopted Oct. 12, 2005, amended former Div. 5, §§ 2-161—2-172, and enacted a new Div. 5 as set out herein. The former Div. 5 pertained to similar subject matter and derived from Code 1972, §§ 6.1-21—6.1-32; Ord. No. 1998, adopted June 3, 1998.
Sec. 2-161. - Appointment and term.#
The North and East Burial Grounds both shall hereafter be under the care and control of an administrative body consisting of five persons, to be called commissioners of the cemeteries and appointed by the town council for staggered terms of five years, with an appointment expiring each January. The town council may appoint an auxiliary commissioner to serve for a five-year term who shall sit as an active member in the event of a temporary vacancy at the discretion of the chairman of the commission.
(Ord. No. 2005-40, 10-12-05; Ord. No. 2007-41, 1-2-08)
Sec. 2-162. - General duties.#
(a)
The commissioners shall have the general oversight, maintenance and care of the cemeteries, shall keep the grounds in proper order; prevent, if possible, any injury to existing monuments, trees, shrubbery and flowers in the cemeteries; prevent animals, people and vehicles from running at large in the cemeteries by day or night; and see that the walls and fences around the cemeteries are at all times in good repair.
(b)
The commissioners may, by majority vote, establish rules and regulations, applicable to all land, memorials and structures contained within the cemeteries, which are necessary to ensure public health, safety and welfare. Such rules and regulations shall provide a procedure for petitions to the commission for relief from the regulations which procedure shall not be inconsistent with this article or state law. Commission rules and regulations will become part of this article after approval by the town council.
(c)
It shall be the duty of the commissioners and the superintendent to review all applications regarding interment, disinterment, or other ground altering activity, the construction of any structure and the placing of any memorial within the cemeteries. In reviewing said applications the commissioners and superintendent shall give consideration to the compliance of the applicant with the rules and regulations of the commission.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-163. - Method of engagement.#
The commissioners shall be engaged as other town officers; they shall present to the town council appointing them, proof of their acceptance and engagement, within 30 days from their appointment, and on failure so to do, the council may elect others in their stead.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-164. - Superintendent and other personnel.#
The commissioners shall hire a superintendent of the cemeteries and the superintendent shall serve at the pleasure of the commissioners. The commissioners may hire from time to time any additional personnel they may deem necessary to carry out the provisions of this article; compensation for the superintendent and hired personnel shall be determined by the commissioners within the funds available.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-165. - Supervision and payment for work on cemetery grounds.#
(a)
All work and labor on said grounds (including work done by lot owners in the interment process) shall be under the supervision of the superintendent, and all expenses incurred by the town and commission for work, labor or materials furnished the grounds shall, before they are paid, be certified by the commissioners and presented to the town finance director for his/her approval and payment.
(b)
In the case if the North Burial Ground, payment will be paid out of funds received from the operation of said cemeteries and all bills contracted for and allowed by the commissioners shall be paid out of the funds and not out of the town treasury unless specially ordered by the town council. In the case of the East Burial Ground, payment will be made out of annual town budget appropriations.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-166. - Responsibility for public tomb.#
The commissioners shall have the general care and oversight of the public tomb in the cemeteries and shall set and enforce rules and regulations in regard to the use and maintenance of the tomb.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-167. - Lot and care fees; records.#
The commissioners will recommend prices to be charged for lots and perpetual care in the cemeteries to the town council for approval; and all moneys for the lots shall be paid to the town clerk, who shall account for and pay over to the finance director all sums received from sale of the lots and perpetual care whenever required so to do, and the town clerk is hereby authorized to make and give all lawful receipts and transfers of the lots for the purpose of vesting a title in the purchasers. The town clerk shall keep a record of all lots sold in the cemeteries with the name of the purchaser, the number of the lot on the plat and the amount paid therefor, and the receipt for any lot in the cemeteries shall be given and no entry made on any book or plat of the ground until the fee thereof has been actually paid to the clerk. The town clerk shall at all times maintain a current listing of all plots and their owners, with a copy sent to the superintendent for verification, who will notify the town clerk of any discrepancies.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-168. - Lot boundary disputes; obstruction of pathways.#
The commissioners shall, in the first instance, settle all disputes in regard to the lines and boundaries of the lots in the cemetery. The superintendent shall attend to the location of graves and monuments, and shall see that the pathways around the lots are not intruded upon or obstructed in any way.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-169. - Disinterment.#
No human remains shall be disinterred and removed from the cemeteries without the approval by a majority of the commissioners or by court order validated by the town solicitor.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-170. - Enforcement.#
The penalty for violation of this article shall be up to $300.00 for each violation and every day in which a violation is allowed to occur shall be a considered a separate violation.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-171. - Report [to] town council; reimbursement for administrative expenses.#
The town clerk and treasurer shall keep a record of the commission's doings and shall make a report thereof, including an accounting of their receipts and expenditures, to the town council annually on or before January 1 and the town shall receive one of the cemeteries' funds such sum or sums for its administrative services as the town council may deem just and proper.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-172. - Sale of lots limited to current and former residents.#
Cemetery lots in the North Burial Ground and the East Burial Ground are hereafter reserved for current and former residents of the town.
(Ord. No. 2005-40, 10-12-05)
Sec. 2-172.1. - Appeals to the town council.#
Any person aggrieved by a decision of the commissioners under this division of the town code may appeal to the town council. In rendering a decision on the appeal the town council shall consult with the town solicitor on the legality of the decision of the commissioners.
(Ord. No. 2005-40, 10-12-05)
DIVISION 6. - BRISTOL PREVENTION COALITION#
Footnotes:
--- (6) --- Editor's note— Ord. No. 2019-04, adopted May 15, 2019, amended the title of div. 6 from "Substance Aubse Prevention Task Force" to "Bristol Prevention Coalition."
Sec. 2-173. - Created; members; terms; compensation.#
There shall be a substance abuse prevention coalition, which shall function within the town and shall perform the duties and exercise the powers conferred upon it by the town council. The coalition shall consist of not less than five members but no more than 20 members at large who shall be appointed by the town council. Members shall serve for a term of two years and shall serve without compensation. The town council shall serve as voting members of the coalition.
(Ord. No. 1999-14, 6-2-99; Ord. No. 2019-04, 5-15-19)
Sec. 2-174. - Authority.#
(a)
The coalition shall have the authority to adopt bylaws and establish goals and policies consistent with the creation and management of a substance abuse prevention program pursuant to "The Rhode Island Substance Abuse Prevention Act," R.I.G.L. Tit. 16, Ch. 21.2, provided that the same meets with town council approval. The power to adopt rules and regulations with regard to such a program is subject to the town council's approval.
(b)
The coalition may expend funds, within the limits of appropriations or grants therefor, in conformance with its bylaws and subject to approval by the town administrator, provided, however, that all funds collected by the coalition shall be transmitted to the town treasury for distribution.
(c)
There may be a part-time coalition coordinator who shall be appointed by the town administrator on the recommendation of the coalition for a term to be determined on the basis of a contractual agreement. The coalition coordinator shall report directly to the town administrator on the day-to-day operations of the coalition. The coordinator shall attend all meetings of the coalition, act as a resource person to the coalition when consideration and action affecting the substance abuse prevention program is to be made, provide written reports of activities as directed by the town council or the town administrator, and carry out all other duties that may be described in the contractual agreement.
(Ord. No. 1999-14, 6-2-99; Ord. No. 2019-04, 5-15-19)
DIVISION 7. - ECONOMIC DEVELOPMENT COMMISSION#
Sec. 2-175. - Economic development commission.#
The town council recognizes the need to expand the community's tax base and to encourage the development and retention of skilled employment opportunities for local residents. To promote a stable and diversified local economy, the town council may appoint an economic development commission consisting of seven regular members and two alternate members for three-year terms to serve in an advisory capacity to the planning board and the town council. The director of the Mt. Hope Enterprise Zone shall serve as an ex officio member.
The economic development committee shall pursue the following goals: (1)
Encourage the attraction and expansion of industrial and commercial development which is consistent with environmental policies and standards established in the community comprehensive plan and in town ordinances and regulations;
(2)
Develop site criteria for new business development and expansion of existing firms; review specific locations that are most suitable to nonresidential development;
(3)
Recommend strategies to enhance local conditions favorable to the promotion of responsible economic growth;
(4)
Identify potential cooperative ventures with Roger Williams University and other institutions of higher learning to stimulate commercial and industrial development;
(5)
Research federal and state economic development funding assistance programs and services.
(Ord. No. 2008-05, 6-18-08; Ord. No. 2008-25, 10-22-08)
ARTICLE V. - FINANCE#
Footnotes:
--- (7) --- Cross reference— Any ordinance promising or guaranteeing the payment of money by the town, or authorizing the issuance of any bonds of the town, or any evidence of the town's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the town or creating interest in sinking funds saved from repeal, § 1-10(1); any appropriation ordinance or any ordinance levying or imposing taxes saved from repeal, § 1-10(6); any ordinance providing for local improvements and assessing taxes therefor saved from repeal, § 1-10(7); any ordinance creating special districts or assessing taxes therefor saved from repeal, § 1-10(13); any ordinance granting specific tax exemption saved from repeal, § 1-10(14); fees and charges, ch. 11; taxation, ch. 27.
DIVISION 1. - GENERALLY#
Sec. 2-176. - Balanced budget.#
(a)
The annual operating budget as adopted by the town council shall provide for liquidating any actual or anticipated deficit of the previous general fund operating budget ("operating budget") within such fiscal year or otherwise in accordance with state law.
(b)
After final passage of the budget, no amendments shall be made which would have the net effect of increasing the aggregate total of appropriations therein unless there has been a corresponding actual receipt of revenues by the town.
(c)
Transfer of funds among line items of the budget may be made by the town administrator provided he or she has consulted with the applicable department head and a report of the transfer is submitted to the town council. Transfers of funds from one department to another department may be requested by the town administrator and must be approved by the town council. No expenses, contract obligations, or other encumbrances shall be incurred under any line item which will cause such appropriation under the line item to be exceeded without first meeting the requirements of this section; provided, however, that contract obligations for ongoing labor negotiations for which the town is legally bound to incur shall be permitted provided that such additional contract obligation is not implemented until a corresponding revenue source has been identified by the town administrator and approved by the town council.
(d)
On October 1, January 1, April 1, May 1 and June 1 of each fiscal year, the town council shall review actual revenues, and if the town council determines that actual revenues do not equal the original estimates upon which appropriations were based subject to the credits and debits permitted under subsections (b) and (c) of this section, the town council shall, by ordinance and upon recommendation of the town administrator, make such reductions or suspensions in the appropriations for any and all departments as will prevent the occurrence of a deficit.
(e)
The town administrator and the town council shall use for purposes of estimating revenues in preparation of the budget for the ensuing fiscal year, as an original estimate of tax collections, a rate of 95 percent of the amount to be levied in the fiscal years ending June 30, 2006 and thereafter, unless the town has established and maintained an unencumbered surplus fund equal to no less than eight percent of the operating budget. A tax collection rate of 95 percent shall not be increased by further ordinance change or vote of the town council unless and until the town has established and maintained a surplus fund equal to no less than eight percent of the operating budget. In no event shall the town council use a collection rate of more than 98 percent. The rate shall be determined and voted at the time the budget is adopted.
(f)
On July 1 of each year, unspent or unencumbered capital fund appropriations from the previous year shall revert to a fund within the general fund for the purpose of making capital purchases.
(Code 1972, § 2-11; Ord. No. 1998-16, 6-3-98; Ord. No. 2000-22, 8-2-00; Ord. No. 2006-11, 5-10-06; Ord. No. 2009-06, 6-3-09)
Sec. 2-177. - Authority of finance director to borrow money for town appropriations.#
The finance director is hereby authorized and empowered, under the direction of the town council, to borrow money from time to time upon the town's notes, the amount so borrowed in any one year to comply with the criteria set out by state law and the Charter; provided, that the giving of a new note for the purpose of taking up an outstanding note shall not be construed to be a borrowing of money under this section, but the director is hereby authorized to issue a new note for that purpose.
(Code 1972, § 2-4)
Sec. 2-178. - Drawing, signing and recording of town notes.#
All notes of the town shall be drawn and signed by the finance director, and shall be countersigned by the town administrator unless otherwise required by law or special legislation. The finance director shall keep a record of all notes so countersigned by him, which record shall show the date of issue, the number of the note, where, when and to whom it is payable, and the amount of the same.
(Code 1972, § 2-5)
Sec. 2-179. - Administrative financial assistant.#
There is hereby created a position of administrative financial assistant, which is to be ap pointed by the town administrator, who is to serve at the pleasure of the town administrator, and who is to perform those duties and activities as may be assigned by the town administrator.
(Code 1972, § 2-9)
Charter reference— Authority of town administrator to appoint finance department personnel with council approval, § 7.01.
Secs. 2-180—2-200. - Reserved.#
DIVISION 2. - PURCHASING#
Sec. 2-201. - Bids, contracts required for departmental purchases from nonbudgeted funds.#
(a)
Whenever the town administrator, any department head, or town official makes a request of the town council for additional (nonbudgeted) funds over $3,000.00, the official must first provide the council with at least three bona fide bids, procured in the same manner as purchase bids are obtained before the council shall commit new funds.
(b)
No contract for services with the town shall be valid unless there is a specific appropriation for such services and unless the contract or a copy thereof is filed with the town council at the next regular meeting following the making or execution of a contract.
(c)
No contract under section 705 of the Charter requiring bids shall be valid unless there is a specific appropriation for such contract and unless the contract or a copy thereof is filed with the town council at the next regular meeting following the making or execution of a contract.
(d)
Any contract that fails to conform with this section shall be null and void, at the option of the town council, and the town shall not be responsible for payment thereunder.
(Code 1972, § 2-7; Ord. No. 2021-18, 10-20-21)
Sec. 2-202. - Procedures for competitive bidding.#
(a)
Public notice to bid. No purchase of supplies, materials, or equipment, nor any contract for work to be performed for the town, whose cost shall exceed applicable limits as established by RIGL chapter 55 of title 45 as amended (except contracts for professional services), shall be authorized unless competitively bid upon as follows:
(1)
Publication. All requests for bids must appear at least two times (all ads within one calendar week shall constitute one appearance) with at least one as appearing not less than seven days nor more than 21 days before the date set for opening of the bids published in a newspaper of general circulation in the town by the town clerk.
(2)
Prospective bidders. In addition, known suppliers or contractors may be invited to bid.
(b)
Bids. All bids must be in writing, sealed and clearly marked on the outside carrier "bid," together with a title or description of the item bid upon and marked with the date and time of official opening of the bid. All bids must be returned to the town clerk and retained by the town clerk in a sealed condition until official bid opening. The town clerk may refuse any bid not sealed or properly marked and any bid received later than the advertised deadline.
(c)
Bid opening. All bids are to be opened publicly in full view of the public at the time and place designated in the invitation for bids in the presence of the town administrator, town clerk and affected department head, or their designees. All bids shall be recorded by the clerk and forwarded to the town administrator and town council.
(d)
Bid award. It shall be determined by the town council who is the lowest responsible bidder. The town administrator shall award the bid. The town council may reject any or all bids if deemed to be for the best interest of the town, including, but not limited to, rejection of a bid if a service provider is in default of the payment of taxes, licenses or other monies due to the town at the time and date of the bid award. The town council may award the bid to a service provider that owes taxes, licenses or other monies to the town only if all amounts paid to the service provider pursuant to such award are first applied toward the payment of outstanding taxes, licenses or other monies, until such amount (plus interest and penalties, if any) is paid in full.
(e)
Bond required. All bids for work to be performed for the town, as well as contracts for professional services, must be accompanied by a performance bond. A copy of performance bond must accompany all requests for payments submitted by department heads. This requirement may be waived by written determination of the town administrator for contracts under $20,000.00 if it is in the town's best interest and if said waiver is set forth in the request for proposals issued by the town.
(f)
Verbal quotations required. Notwithstanding the above, and in all cases of purchases whose cost shall exceed $3,000.00 but not exceed the threshold over which competitive sealed bidding is required pursuant to RIGL 45-55-5, three or more verbal quotations followed by written confirmation shall be solicited by department heads and such purchase shall be made on the basis of the lowest feasible quotation received pursuant to execution of a purchase order. Notation of the verbal quotations shall be entered in the record of each such purchase.
(Code 1972, § 2-8; Ord. No. 2001-32, 10-24-01; Ord. No. 2004-10, 4-21-04; Ord. No. 2008-18, 9-10-08; Ord. No. 2014-10, 10-29-14; Ord. No. 2021-18, 10-20-21)
Sec. 2-203. - Purchases not subject to competitive bidding.#
The town may purchase materials, supplies, goods, equipment and services not subject to the provisions of section 2-201 from a provider that owes overdue taxes, license fees or other monies to the town only if all amounts paid to the service provider pursuant to such award are first applied toward the payment of overdue taxes, license fees or other monies, until such amount (plus interest and penalties, if any) is paid in full. A copy of the provisions of this section will accompany all purchase orders.
(Code 1972, § 2-10)
Secs. 2-204—2-209. - Reserved.#
ARTICLE VI. - MUNICIPAL COURT#
Sec. 2-210. - Established.#
Pursuant to RIGL § 45-2-45, there is established a municipal court in the town.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-211. - Appointment, term, qualifications of judge of the municipal court.#
(a)
The court shall be composed of one chief judge and two associate judges all appointed by the town council. Each judge shall serve until his or her successor shall be duly appointed as set forth herein.
(b)
Except for the initial appointment, the term of the appointment for each judge shall be concurrent with the term of the town council. The initial term of appointment shall begin when the town council appoints the first judge and the appointment shall be for a term to run concurrent with the term of the town council making the appointment.
(c)
The judges shall be lawyers admitted to practice before the state supreme court, in good standing, and shall have not less than five years experience in the active practice of law.
(d)
The associate judges shall perform in the service of the chief judge in his or her absence, and shall perform other duties as may from time to time be directed by the chief judge or the town council, and, in the performance of said duties, shall have the same effect as if performed by the chief judge.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99; Ord. No. 2002-31, 1-29-03; Ord. No. 2006-14, 5-31-06)
Sec. 2-212. - Witnesses; attendance; subpoenas; failure to appear.#
(a)
The court shall have the power to issue writs or summonses for witnesses, and compel their attendance. The court may also issue writs of habeas corpus and testificandum, upon continuance of any complaint or proceeding before it, may take recognizance to the state, with surety or sureties in such sum as said court shall deem proper, with the condition to appear before said court and make further answer to such complaint or proceeding, and in the meantime to keep the peace, and, in want thereof, may commit the same to the state adult correctional institutions until such recognizance be given, or the parties lawfully discharged therefrom.
(b)
Failure to appear in the municipal court, upon receipt of a summons or complaint, shall constitute a separate violation of this article.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-213. - Municipal court clerk; appointment and duties.#
(a)
The town council shall appoint a clerk of said court.
(b)
The term of the appointment for clerk shall be concurrent with the term of office of the town council. The initial term of appointment shall begin when the town council appoints the first clerk and the appointment shall be for a term to run concurrent with the term of the town council making the appointment.
(c)
The clerk of court shall keep a regular docket of all cases disposed of; shall record the judgments, orders, and sentences of said court; and shall furnish certified copies thereof when required, for which copies said clerk shall charge the same fees as are by law allowed to clerks of the superior court. The clerk shall keep the office open to the public during such hours as the court shall determine and shall also serve as magistrate and bail commissioner setting bail for defendant until the court is in session. The clerk of the court shall also be responsible for the administration of the court.
(d)
Nothing contained herein shall prohibit the police department or the town administration from providing the secretarial and administrative assistance necessary for the court to perform its duties and responsibilities.
(e)
Nothing contained herein shall prohibit the town clerk from also becoming the municipal court clerk.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-214. - Seal; oaths.#
(a)
The municipal court shall have a seal which shall contain such words and device as the town council shall adopt and approve.
(b)
The judges and the municipal court clerk shall have the power to administer oaths and affirmations.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-215. - Sessions; time; place; rules of procedure.#
The municipal court shall be considered to be in session at all times, and at such place or places in the town as the said court, or judge holding same, shall appoint.
In all cases involving motor vehicle violations, the court shall operate in a manner consistent with RIGL title 31, chapter 41.1, and with the procedures of the traffic tribunal of the district court. In all other cases, the court shall operate under the state district court rules of civil or criminal procedure, as amended; provided however, that a case may be charged either by complaint, or by summons or citation issued by the authorized officer or official of the town.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-216. - Jurisdiction.#
(a)
The town council hereby confers on the municipal court original jurisdiction to hear and determine causes involving violations of:
(1)
Any ordinance of the town, which includes, but is not limited to, violations of chapter 8, chapter 10, and chapter 16 of this Code;
(2)
Minimum housing ordinances, including any violation of RIGL title 45, chapter 24.3, entitled, "The Rhode Island Housing, Maintenance and Occupancy Code."
(3)
Zoning ordinances, including any violation of RIGL title 45, chapter 24, entitled, "The Rhode Island Zoning Enabling Act."
(4)
Any other jurisdiction conferred by state law, including, but not limited to violations of any general law enumerated in RIGL § 8-18-3(a) pursuant to § 8-18-3(b)(3).
(b)
Provided, however, that (i) any defendant found guilty of any offense, excluding violations of said minimum housing ordinances, or RIGL chapter 45-24.3, may within seven days of such conviction, file an appeal from said conviction to the superior court and be entitled in the latter court to a trial de novo; and (ii) provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance, or of RIGL chapter 45-24.3 within seven days of such conviction, file an appeal from said conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with RIGL §§ 8-8-3(a)(4) and 8-8-3.2.
(c)
With respect to violations of municipal ordinances dealing with minimum housing, or RIGL chapter 45-24.3 and violations of zoning ordinances or RIGL chapter 45-24, the town council hereby confers upon said municipal court, in furtherance of the aforementioned jurisdiction, the power to proceed according to equity:
(1)
To restrain, prevent, enjoin, abate, or correct a violation;
(2)
To order the repair, vacation, or demolition of any dwelling existing in violation; or
(3)
To otherwise compel compliance with all provisions of said ordinances and statutes.
(d)
Any defendant found guilty of an offense over which the municipal court has jurisdiction pursuant to RIGL § 8-18-3 may file an appeal as set forth in RIGL §§ 8-18-9 and 31-43-4.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-217. - Fines; penalties.#
Said municipal court may impose a fine not in excess of $500.00 for each offense, and shall be empowered to punish persons for contempt by fine. Provided, however, where jurisdiction is conferred upon the municipal court pursuant to RIGL § 8-18-3(b)(3), all penalties assessed shall be consistent with the violation schedule contained in section 11-2 of this Code, and RIGL tit. 31, ch. 41.1.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99; Ord. No. 2017-13, 10-4-17)
Sec. 2-218. - Complaints; warrants; writs.#
It shall be lawful for the judge of said court to prescribe and vary the form of all complaints, warrants, writs, or other process as to make the same consistent with the organization, style, and jurisdiction of said court; and such complaints, warrants, writs, and other process shall have the same effect, validity, and extent, and be served, obeyed, enforced, and returned, in the same manner and by the same officers, as if issued from the district courts; and they may be served by any constables of the town who are authorized to serve process in civil or criminal cases.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-219. - Costs.#
(a)
The municipal court in all cases involving offenses over which jurisdiction is pursuant to RIGL § 8-18-3, court costs shall be assessed as set forth in RIGL § 8-18-4. In all other cases, costs shall be imposed in the amount equivalent to that amount set forth in RIGL § 8-18-4(g) for each offense charged and the payment of said costs shall be a part of the sentence.
(b)
All payments shall be deposited in the general treasury of the town.
(c)
The costs incurred by the town in securing a policeman's presence, upon request of the defendant shall be charged to the defendant in the event he/she should fail to appear.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99; Ord. No. 2015-11, 7-29-15)
Sec. 2-220. - Compensation of municipal court judges and municipal court clerk.#
The compensation of both the judges and clerk of the municipal court shall be set by the town council by resolution.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-221. - Acting judges/acting clerk.#
(a)
In cases of sickness, absence, or other disability or ineligibility of a municipal court judge or clerk which shall be less than 14 days, the chief judge may appoint an acting judge, and said clerk may appoint an acting clerk at such salary as the town council may determine, for the term of such sickness, absence, disability, or ineligibility or said judge or clerk. An acting judge or acting clerk shall perform all duties of the municipal court judge or municipal court clerk, respectively.
(b)
In case of a prolonged sickness, absence, or other disability or ineligibility of a municipal court judge or the municipal court clerk that shall be in excess of 14 days, the town council may, by resolution, appoint an acting municipal court judge or an acting municipal court clerk, respectively, for the term of such sickness, absence, disability, or ineligibility of the municipal court judge or municipal court clerk, respectively or at such salary as the town council may determine. An acting municipal court judge or acting municipal court clerk shall perform all duties of the municipal court judge or municipal court clerk, respectively, and, in the performance of said duties, shall have the same effect as if performed by the municipal court judge or municipal court clerk respectively.
(Ord. No. 1999-06, 3-31-99; Ord. No. 1999-18, 8-25-99)
Sec. 2-222. - Invalidity.#
Should any part or parts of this article, or their application to any particular circumstance, be held invalid, the remaining provisions, and their application, shall not be affected thereby.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-223. - Effective date.#
This article shall take effect upon its passage and all other ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Ord. No. 1999-06, 3-31-99)
Sec. 2-224. - Municipal court bailiff.#
(a)
The town council shall appoint a bailiff of said court.
(b)
The term of appointment for bailiff shall be concurrent with the term of office of the town council. The initial term of appointment shall begin when the town council appoints the first bailiff and the appointment shall be for a term to run concurrent with the term of the town council making the appointment.
(c)
The bailiff of the court shall maintain order in the court room, assist the clerk in the administration of the court's docket and with the disposition of cases.
(d)
Nothing contained herein shall prohibit the police department or the town administration from providing the assistance necessary to keep order in the court.
(e)
Nothing contained herein shall prohibit the town bailiff from also serving as the town sergeant.
(Ord. No. 1999-18, 8-25-99)