The text
Sec. 16-1. - Malicious injury.#
(a)
Disfiguring fences. No person shall mutilate or disfigure any fence, building or railing, or write or draw upon any of them any words, pictures or figures.
(b)
Injury to streetlights. No person shall break, throw down, extinguish or otherwise injure any lamp or lantern erected for the purpose of lighting any street, highway, bridge or public place or ground set apart for public purposes in this town, whether the same is erected by the town or any other person.
(c)
Defacing trees. No person shall daub with paint, cut, break or otherwise injure, or by scratching or writing with paint, blacking, chalk or in any other way or manner deface any post, lamppost, fence, tree, tree box, house or other building situated in or upon any street, highway, bridge or public place or ground set apart for public purposes in the town, or any ornament or appurtenance of such post, lamppost, fence, tree, tree box, house or other building.
(d)
Defacing public fountains. No person shall deface or defile or in any way willfully injure or damage any public drinking fountain, watering trough or public urinal in the town or any appurtenances thereof, or any pipes leading thereto or therefrom or waste the water supplied thereto.
(Code 1972, § 3-4)
Sec. 16-2. - Possession of open containers of alcoholic beverages.#
(a)
Definitions.
Managing authority is the board, commission or agency responsible for authorizing the use of the public place. (1)
It shall be unlawful for any person to consume or have in their possession any open containers of alcoholic beverages of any kind on public highways, beaches, picnic areas or any other public place within the town.
(2)
Notwithstanding the provisions of section 16-2(a), possession and consumption of alcoholic beverages may be allowed for events meeting the following conditions:
a.
The event is scheduled for the Assembly Theatre or grounds, the Stillwater Pavilion and grounds, Beckwith-Bruckshaw Memorial Lodge (Burrillville Recreation Center) the Champlin Building or the American Legion Hall, Post 17 (103 Harrisville Main St., Harrisville) and the sponsor has entered into a contract/agreement with the appropriate managing authority; and
b.
The event sponsor is a non-profit organization eligible for a class F or class F-1 license as provided by G.L. 1956, §§ 3-7-14 and 3-7-14.1 and the town council has issued a class F or class F-1 license; or
c.
The event sponsor who is not eligible for a class F or class F-1 license has secured the services of a class P licensed caterer; and only the class P licensee or their employees may serve alcoholic beverages at the event;
d.
The managing authority has approved the possession and consumption of alcoholic beverages for the specific event;
e.
The town council shall review and approve all events;
f.
The town council shall promulgate rules and regulations for the implementation of this section.
(Code 1972, § 3-9; Ord. of 5-8-2019(1))
Cross reference— Alcoholic beverages, § 8-26 et seq.
Sec. 16-3. - Use or consumption of cannabis prohibited.#
(a)
Definitions.
(1)
Cannabis. Cannabis or marijuana, shall include, but is not limited to, any useable form of the plant (flowers, leaves, buds, stems or any other part of the plant). For the purposes of this section, cannabis use includes smoking, "vaping," and/or edibles such as marijuana infused food, beverages, or any other derivative that can be ingested into the body. Cannabis shall also include cannabidiol, marijuana concentrates and THC oils.
(2)
Public places. Public places means any public property or place in which people gather, and includes, but is not limited to any public park, public beach, public waterways, recreational fishing areas, public recreation trails, public facilities, pavilions and open air venues where the public congregates or recreates, any municipal parking lot or property, municipal buildings, theaters, public pools, playgrounds, skate park, athletic fields, public and private school grounds, any place of amusement, common areas, including any public street, alley, highway, bridge or walkway. Athletic fields shall include any playing field, ballfield, basketball court, tennis court or any other property where sports activities occur. Public places shall also include where exposure to the marijuana smoke significantly adversely affects the health, safety or welfare of children.
(b)
Purpose. For purposes of this section, the use of cannabis shall be prohibited in public places.
(c)
Exclusions. Notwithstanding the provisions of subsection (a)(2), an owner of an apartment complex may permit the smoking/use of cannabis in a designated area.
(d)
Medical marijuana. The use of medical marijuana on public property shall not be permitted in accordance with G.L. 1956, § 21-28.6-7, and as may be amended.
(e)
Penalty. The penalty for violation of this section shall be up to the maximum allowed by state law (G.L. 1956, § 45-6-2) for municipalities to impose on ordinance violations as follows:
(1)
The first offense shall be punished by the issuance of an order to cease and desist the violation and by a fine of up to $100.00.
(2)
The second and all subsequent offenses shall be punished by the issuance of an order to cease and desist the violation and fine of up to $500.00.
(f)
Jurisdiction. All violations of this section shall be within the exclusive jurisdiction of the municipal court for the town.
(Ord. of 11-09-2022(1))
Sec. 16-4. - Reserved.#
Editor's note— An ordinance adopted Jan. 9, 2008, repealed §§ 16-3 and 16-4, which pertained to use regulations for parks and recreation areas and swimming and bathing and were derived from Code 1972, §§ 3-16 and 3-16.1)
Sec. 16-5 - Disorderly conduct.#
(a)
A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(1)
Engages in fighting or threatening, or in violent or tumultuous behavior;
(2)
In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
(3)
Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
(4)
Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
(5)
Engages in conduct which obstructs or interferes physically with a lawful meeting, procession or gathering;
(6)
Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening;
(7)
Exposes his or her genitals to the view of others under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to the other persons; or
(8)
Urinates or defecates on any public street, alley or sidewalk or the floor of any public place or public building where the public has the right to gather or to which it has access; or deposits or causes to be deposited any human fecal matter in such places.
(b)
Any person, including a police officer, may be a complainant for the purposes of instituting action for any violation of this section.
(c)
Any person found guilty or who enters a plea of guilty or nolo contrendere of a violation of this section shall be fined not more than $500.00.
(d)
In no event shall subdivisions (a)(2) through (5) of this section be construed to prevent lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute.
(e)
In no event shall the provisions of this section be construed to apply to breastfeeding in public.
(Ord. of 6-22-2005(2); Ord. of 1-22-2014)