The text
Sec. 12-1. - Registration of business names.#
(a)
Required. All retail, wholesale, commercial, professional, personal and contracting services and manufacturing businesses and establishments and any other enterprises, partnerships, corporations or proprietorships doing business in the city, except for those entities in subsection (b), shall, prior to their commencement of business within the city, register their trade, corporate agent, company or office name, home address and telephone number with the city clerk and the city assessor.
(b)
Exceptions. This section shall in no way affect or apply to any corporation or limited partnership duly organized under the laws of the state, or to any corporation or limited partnership organized under the laws of any other state and lawfully doing business in this state, or to any partnership or joint venture, the name or designation of which includes the true or real surname of at least one individual who is a partner or joint venturer.
(c)
Fee; certificate. The annual registration fee shall be $10.00 and a certificate shall be issued containing the following information:
(1)
The trade name of the business, if held under a corporate name other than the name of the officers, and their addresses shall also be listed.
(2)
The name of the operator of the business shall also be indicated.
(3)
The type of business to be conducted.
(4)
The name and address of the registered agent and/or the business owner.
(d)
Display, term and issuance of certificate. The certificate shall be placed in a conspicuous location in each firm or business location. For businesses that operate within city limits, no certificate shall be issued without proof of all taxes being paid to date and a certificate of occupancy issued by the building inspector. Home based occupations shall require a zoning determination issued by the department of code enforcement, prior to issuance of certificate. The certificate period shall begin on December 1 and end on November 30 of the succeeding year.
(e)
Restriction on use of same trade name. No other firm or business of the same trade name shall be allowed to register without the approval of the prior registrant in writing.
(f)
Renewal. All firms and businesses shall be required to submit a renewal form from year to year.
(g)
Transfer of certificate. No firm or business shall transfer this certificate unless he submits a request to the city clerk and that the person receiving such transfer adheres to all provisions of this section prior to issuance of the certificate of transfer.
(Code 1994, § 12-7; Ord. of 4-9-1990(2); Ord. of 6-9-2014; Ord. of 10-14-2015, § 1; Ord. of 12-9-2019(1), § 1)
Sec. 12-2. - Business hours restricted.#
No shop, store, place of trade or entertainment or place of business in the city shall be kept open between 12:00 midnight and 5:00 a.m. unless otherwise provided or as approved by the city council; however, pharmacists and assistant pharmacists may open their shops at any time for the purpose of selling medicines for the use of the sick and, further provided, that the public hours of regulated cannabis establishments, including, but not limited to, compassion centers and cannabis retailers, shall be Mondays through Saturdays from 8:00 a.m. to 9:00 p.m. and 10:00 a.m. to 9:00 p.m. on Sundays.
(Code 1973, § 18-8; Code 1994, § 12-3; Ord. of 10-14-2015, § 1; Ord. of 12-9-2019(1), § 1; Ord. of 5-23-2022(1), § 1; Ord. of 10-11-2023(1), § 1; Ord. of 7-30-25(1), § 1)
Sec. 12-3. - Automobile body shops; closing time.#
Pursuant to G.L. 1956, § 23-19.2-7, no holder of an automobile body shop license shall do or suffer to be done automobile body repairs after 9:00 p.m.
(Ord. of 10-14-2015, § 1; Ord. of 12-9-2019(1), § 1)
State Law reference— Motor vehicle repair shops, G.L. 1956, § 5-38.3-1 et seq.
Sec. 12-4. - Chronic nuisances properties.#
(a)
Definitions.
(1)
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the director of public safety determines is necessary in the interest of the general health, safety and welfare of the community.
(2)
Director of public safety means the director of public safety or his or her designees.
(3)
Control means the power or ability to direct or determine conditions, conduct, or events occurring on a property.
(4)
Chronic nuisance property means:
a.
A property on which nuisance activities exist or have occurred during any six-month period; or
b.
A property on which a search warrant has been issued and/or executed within a 24-month period related to the illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in R.I.G.L. § 21-28.
(5)
Nuisance activity includes the following:
a.
Any homicide pursuant to R.I.G.L. § 11-23; or
b.
Any illegal possession, manufacturing or delivery of a controlled substance or related offense pursuant to R.I.G.L. § 21-28; or
c.
Any prostitution, permitting prostitution, or promoting, advancing or profiting from prostitution pursuant to R.I.G.L. § 11-34-1; or
d.
Any weapons violations pursuant to R.I.G.L. § 11-47; or
e.
Any organized criminal gambling pursuant to R.I.G.L. § 11-51; or
f.
Criminal activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member of a person's household or any guest or other individual under the person's control, shall not be considered "nuisance activity" for the purpose of declaring a property a "chronic nuisance property," if the person or immediate member of the person's family is a victim of that domestic violence, dating violence, or stalking.
(6)
Owner means any person who, alone or with others, has title or interest in any property.
(7)
Person means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them.
(8)
Person in charge of a property means the owner and, if different than the owner, any other person in actual or constructive possession of a property, including but not limited to, a lessee, tenant, occupant, agent, or manager of a property under his or her control.
(9)
Property means any land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof.
(b)
Violation. Any property within the city that is a chronic nuisance property is in violation of this chapter and subject to its remedies. Owners and other persons in charge who permit property to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies. Any owner who fails to comply with section (d) is in violation of this chapter and is subject to penalties pursuant to section (f).
(c)
Declaration of chronic nuisance property and procedure.
(1)
The director of public safety may declare that a property is a chronic nuisance property, as defined in this section. The director of public safety will provide written notice of this declaration to the person in charge of the property. The notice shall be sent by first class mail or personally served, and a copy shall be sent by certified mail. The notice will contain the following:
a.
The street address or a legal description sufficient for identification of the property; and
b.
A declaration that the director of public safety has determined the property has become a chronic nuisance property with a concise description of the nuisance activities that exist or that have occurred; and
c.
A notice that the persons in charge of the property are subject to monetary penalties as set forth in section (f); and
d.
A demand that the owner and other persons in charge respond to the director of public safety within seven days of service of the notice to discuss a course of action to correct the nuisance; and
e.
A notice that, if the person in charge does not respond to the director of public safety as required in this section, or if the matter is not voluntarily corrected to the satisfaction of the director of public safety, the city may file an action to abate the property as a chronic nuisance property pursuant to section (g) and/or take other action against the property or person in charge.
(2)
When a notice is issued pursuant to this section to a person in charge, other than an owner or an owner's agent, who has permitted a property to become a chronic nuisance property, a copy of such notice shall also be sent to any relevant tenant or business owner by first class mail or personally served on the owner of the property, and a copy shall be sent by certified mail.
(3)
If the owner or person in charge responds as required by the notice and agrees to a course of action to abate the nuisance activities, a written correction agreement conforming to the requirements of section (e) shall be executed.
(4)
If the agreed course of action does not result in the abatement of nuisance activities to the satisfaction of the director of public safety within 30 days of issuance of the notice, or within such longer period as permitted by the director of public safety in writing or the person in charge fails to respond as required by the notice, the director of public safety may refer the matter to the city solicitor's office for initiation of proceedings pursuant to section (g).
(d)
Owner cooperation. An owner who receives a copy of a notice pursuant to section (c) shall promptly take all reasonable steps requested in writing by the director of public safety to assist in abatement of the nuisance property. Such reasonable steps may include the owner taking all acts and pursuing all remedies, including pursuing eviction of the person in charge, that are:
(1)
Available to the owner pursuant to any lease or other agreement; and
(2)
Consistent with state and local laws.
Owner cooperation includes attending meetings of the city nuisance properties task force upon receipt of a notice to appear. (1)
Notices to appear before the city of central nuisance properties task force must include the following:
a.
The address of the owner as listed on the city's tax assessor's database;
b.
The address of the nuisance property;
c.
A brief description of the nuisance activities which have occurred at the subject property;
d.
The date and time of the scheduled meeting;
e.
A phone number at which the property owner can confirm his/her attendance at the scheduled meeting.
(2)
A notice to appear will be considered properly served, and constructive notice will be affected upon the owner through mailing the notice to appear via first class and certified mail to the address provided by the owner to the city's tax assessor, as listed in the tax assessor's database.
(3)
Failure of owner to appear at nuisance properties task force meetings:
a.
Owners who are properly served and fail to appear before the nuisance properties task force will be subject to the following penalties:
1.
Subpoena to the city's municipal housing court; and
2.
The immediate issuance of a nuisance declaration for the subject property, pursuant to paragraph (c) of this section.
(4)
Rescheduled meetings:
a.
Owners shall not be subject to the penalties enumerated in paragraph (d)(3) if:
1.
A meeting is rescheduled by the nuisance properties task force;
2.
If the owner cannot attend the meeting noticed in the notice to appear, but confirms attendance at a future nuisance properties task force meeting no more than four weeks after the meeting date noticed on the notice to appear; or
3.
Good cause is shown for an owner's absence from a meeting. Owner's claiming lack of notice must provide proof that they changed their address with the city's tax assessor prior to the date on the notice to appear.
(e)
Corrections agreement. A correction agreement is a contract between the city and the owner and/or person in charge of the chronic nuisance property in which the owner and/or person in charge agree(s) to promptly take all lawful and reasonable actions, which shall be set forth in the agreement to abate the nuisance activities within a specified time and according to specified conditions. The agreement will be signed by the person in charge and, if different, the owner. The agreement will include the following:
(1)
The name and address of the owner and/or person in charge of the property; and
(2)
The street address or a description sufficient for identification of the property, building, structure, or land upon or within which the nuisance is occurring; and
(3)
A description of the nuisance activities; and
(4)
The necessary corrective action to be taken, and a date or time by which correction must be completed; and
(5)
An agreement by the owner and/or person in charge that the city may inspect the property as may be necessary to determine compliance with the correction agreement; and
(6)
An agreement by the owner and/or person in charge that the city may abate the nuisance and recover its costs and expenses and monetary penalties pursuant to this chapter from the person in charge for the nuisance if the terms of the correction agreement are not met; and
(7)
When a person in charge, other than an owner or an owner's agent, has permitted a property to be a chronic nuisance property, an agreement by the owner to promptly take all acts and pursue all remedies requested by the director of public safety pursuant to section (d).
(f)
Fines. Except as provided in this section, in addition to any other sanction or remedial procedure that may be available, from the time that notice is issued pursuant to section (c)(1), the person in charge will be subject to a penalty for the violation of this chapter of up to $500.00. Each and every day subsequent to the notice issued pursuant to section (c)(1) will constitute a new violation of this chapter until the director of public safety confirms that the property is no longer a chronic nuisance. If the agreed course of action results in the abatement of nuisance activities to the satisfaction of the director of public safety within 30 days of the notice issued pursuant to section (c)(1), or such longer period allowed by the director of public safety pursuant to section (c)(4), the matter will not be referred to the city solicitor and the person in charge will not be subject to any penalty pursuant to this chapter. An owner who fails to comply with section (d) is subject to a civil penalty of up to $500.00. All parties found to be in violation of this section shall be jointly and severally liable for all monetary penalties and/or fines. Proceeds from these fines shall be deposited in a restricted receipts account designated for nuisance abatement in the city.
(g)
Enforcement. Upon referral pursuant to section (c) the city solicitor may initiate an action in the municipal housing court or any court of competent jurisdiction to abate a chronic nuisance property, to impose penalties pursuant to this chapter, to seek alternative remedies under city or state laws and seek any other relief authorized by law.
(h)
Burden of proof. In an action against a person in charge to abate a chronic nuisance property or to recover penalties authorized by this chapter, the city will have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property pursuant to this chapter. In an action against an owner or person in charge to recover penalties authorized by section (f), the city will have the additional burden to prove by a preponderance of the evidence that the owner failed to comply with section (d). Copies of police incident reports and reports of other city departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property's general reputation and the reputation of persons residing in or frequenting the property shall be admissible in such actions.
(i)
Remedies. If the court determines a property is a chronic nuisance property pursuant to this chapter the court will order the person in charge to immediately abate nuisance activity from occurring on the property. The order may include damages as provided in this section and may include any of the following: Any order that will reasonably abate nuisance activities from occurring on the property, including authorizing the city to take action to abate nuisance activities from occurring upon the property if other court orders are not complied with or do not abate nuisance activity on the property and providing that the costs of such city action are to be paid for by the person in charge of the property; ordering the owner to make reasonable expenditures upon the property, including the installation of secure locks, hiring private security personnel, increasing lighting in common areas, and using videotaped surveillance of the property and adjacent alleys, sidewalks, or parking lots; ordering all rental income from the property to be placed in an escrow account with the court for up to 90 days or until the chronic nuisance is abated; ordering the property transferred to a receiver, to be appointed by the court, who will be empowered to use the rental income to make reasonable expenditures related to the property in order to abate the chronic nuisance; ordering the property vacated, sealed, or demolished; ordering that the director of public safety shall have the right to inspect the property to determine if the court's orders have been complied with; or any other appropriate remedy. The following damages may be included in order to effectuate the equitable remedy of abatement. A penalty for the violation of this chapter of up to $500.00 for each and every day subsequent to the notice issued pursuant to section (c)(1) until the director of public safety confirms that the property is no longer a chronic nuisance. If the court finds that an owner failed to take all reasonable steps requested in writing pursuant to section (d) the court may impose a civil penalty up to $25,000.00. Assessment of reasonable attorney fees and costs to the city.
(j)
Additional remedies. In addition to the remedies authorized by section (i) if, as part of its order abating a chronic nuisance property, the court orders a person in charge to cease renting or leasing a property, the court may order the person in charge to pay relocation assistance not to exceed $3,300.00 to any tenant:
(1)
Who must relocate because of the order of abatement; and
(2)
The court finds not to have caused or participated in nuisance activities at the property.
(k)
Suspension or revocation of license. In addition to any other remedy that is authorized by this chapter or other laws, upon the finding by a court that a property is a chronic nuisance property pursuant to this chapter, the person in charge is subject to the suspension or revocation of a business license or other license at such property issued by the city.
(l)
Appeals. All appeals contesting municipal action pursuant to this article shall be heard in the municipal housing court or a court of competent jurisdiction.
(m)
Failure to pay any penalty in this section within 30 days may result in a lien being placed on the property.
(Code 1994, §§ 18-26—18-27; Ord. of 12-16-2002; Ord. of 9-8-2014(1), § 2; Ord. of 7-10-2017(1), § 1; Ord. of 10-10-2018(1))
Sec. 12-5. - [The Gender Equity In The Workplace Act.]#
(a)
Findings and intent. It is the intent of the City of Central Falls to combat pregnancy discrimination by requiring employers to provide reasonable accommodations to pregnant women and those with conditions related to pregnancy and childbirth. Such a reasonable accommodation may include more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, break time and private non-bathroom space for expressing breast milk, assistance with manual labor, or modified work schedules, among other things. It is not the intent of the City of Central Falls to require such accommodations if this provision would cause an undue hardship in the conduct of an employer's business.
(b)
Definitions.
(1)
The term "reasonably accommodate" shall mean providing reasonable accommodations, including, but not limited to: more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, break time and private non-bathroom space for expressing breast milk, assistance with manual labor, or modified work schedules, provided that:
a.
No employer shall be required by this section to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation, such as those who are injured on-the-job or those with disabilities and;
b.
The employer shall not be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need it, such as those who are injured on-the-job or those with disabilities.
c.
Nothing in this chapter shall be construed to require an individual with a need related to pregnancy, childbirth, or a related medical condition to accept an accommodation, which such individual chooses not to accept.
(2)
The term "related conditions" includes, but is not limited to, lactation or the need to produce breast milk for a nursing child.
(3)
The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subsection (1).
a.
The employer shall have the burden of proving undue hardship. In making a determination of undue hardship, the factors that may be considered include but shall not be limited to:
1.
The nature and cost of the accommodation;
2.
The overall financial resources of the employer; the overall size of the business of the employer with respect to the number of employees, and the number, type, and location of its facilities; and
3.
The effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.
b.
The fact that the employer provides or would be required to provide a similar accommodation to other classes of employees who need it, such as those who are injured on-the-job or those with disabilities, shall create a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.
(c)
It shall be an unlawful employment practice for any employer licensed to do business in the City of Central Falls:
(1)
To refuse to reasonably accommodate an employee's or prospective employee's condition related to pregnancy, childbirth, or a related medical condition, including, but not limited to, the need to express breast milk for a nursing child, if she so requests; unless the employer can demonstrate that the accommodation would pose an undue hardship on the employer's program, enterprise, or business.
(2)
To require an employee to take leave if another reasonable accommodation can be provided to an employee's condition related to the pregnancy, childbirth, or a related medical condition.
(3)
To deny employment opportunities to an employee or prospective employee, if such denial is based on the refusal of the employer to reasonably accommodate an employee's or prospective employee's condition related to pregnancy, childbirth, or a related medical condition.
(d)
Notice of rights. An employer shall provide written notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions pursuant to this subdivision to: (i) new employees at the commencement of employment; and (ii) existing employees within 120 days after the effective date of the local law that added this subdivision. Such notice may also be conspicuously posted at an employer's place of business in an area accessible to employees.
(e)
Violations. Employees and/or residents of Central Falls may file complaints with the city on a form established by the city clerk. The city solicitor shall investigate all such complaints within a period of 30 days and shall file a report on his or her findings to the city council. Upon a finding of three or more individual violations, the city council may revoke the license of any employer or may suspend any license for such time as they deem necessary or reasonable under the circumstances. No license shall be revoked or suspended until after a hearing before the city council wherein the employer will be given the opportunity to present testimony and be heard.
(f)
This section shall not be construed to affect any other provision of law relating to sex discrimination or pregnancy, or to preempt, limit, diminish or otherwise affect any other law that provides greater protection or specific benefits with respect to pregnancy, childbirth or medical conditions related to childbirth.
(Ord. of 4-14-2014)
Sec. 12-6. - Loud or unruly gatherings—Public nuisance.#
(a)
In general. It shall be a public nuisance to conduct a gathering of five or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, fights, disturbances of the peace, and litter.
(b)
Notice via posting. When the police department intervenes at a gathering which constitutes a nuisance under this chapter, the premises at which such nuisance occurred shall be posted with a notice stating that the intervention of the police has been necessitated as a result of a public nuisance under this section caused by an event at the premises, the date of the police intervention, and that any subsequent event within a six-month period there from on the same premises which necessitates police intervention, shall result in the joint and several liability of any guests causing a public nuisance, or any persons who own or are residents of the property at which the public nuisance occurred, or who sponsored the event constituting the public nuisance as more fully set forth below. The residents of such property shall be responsible for ensuring that such notice is not removed or defaced. It shall be an chapter violation carrying a penalty of a minimum, mandatory $100.00 fine in addition to any other penalties which may be due under this section if such notice is removed or defaced, provided, however, that the residents of the premises or sponsor of the event, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display.
(c)
Notice via mailing. Notice of the intervention shall also be mailed to any property owner on the city property tax assessment records to advise the property owner that any subsequent such intervention within six months on the same premises shall result in liability of the property owner for all penalties associated with such intervention.
(d)
Enforcement. Every time that the police department is required to respond to a gathering constituting a public nuisance on the premises within six months of the posting of the notice of police intervention, the following persons shall be jointly and severally liable for a mandatory minimum $500.00 fine.
(1)
The person or persons who own the property where the gathering constituting the public nuisance took place, provided that notice has been mailed to the owner of the property as set forth herein and the gathering occurs at least two weeks after the mailing of such notice.
(2)
The person or persons residing on or otherwise in control of the property where such a gathering took place.
(3)
The person or persons who organized or sponsored such gathering.
(4)
All persons attending such gatherings who engage in any activity resulting in the public nuisance.
(5)
Nothing in this section shall be construed to impose liability on the resident or owners of the premises or sponsor of the gathering for the conduct of persons who are present without the express or implied consent of the resident or sponsor, as long as the resident and sponsor have taken all steps reasonably necessary to exclude such uninvited participants from the premises, including landlords who are actively attempting to evict a tenant from the premises. Where an invited guest engages in conduct which the sponsor or resident could not reasonably foresee and the conduct is an isolated instance of a guest at the event violating the law which the sponsor is unable to reasonably control without the intervention of the police, the unlawful conduct of the individual guest shall not be attributable to the sponsor or resident for the purposes of determining whether the event constitutes a public nuisance under this section.
(6)
Proceeds from these fines shall be deposited in a restricted receipts account designated for nuisance abatement in the city.
(e)
Appeals. All appeals contesting municipal action pursuant to this ordinance shall be heard in the municipal housing court or a court of competent jurisdiction.
(f)
Failure to pay any penalty in this section within 30 days may result in a lien being placed on the property.
(Ord. of 9-8-2014(1), § 2(§ 12-5); Ord. of 7-10-2017(1), § 1)
Editor's note— Ord. of Sept. 8, 2014, set out provisions intended for use as § 12-5. For purposes of classification, and at the editor's discretion, these provisions have been included as § 12-6.
Sec. 12-7. - Business licenses, nuisance.#
Any business license issued under this chapter may be revoked or suspended by the city council sitting as the board of license commissioners, for violations described in sections 12-4 and 12-6, for cause shown after a hearing of which the holder of the license receives notice and the opportunity to be heard.
(Ord. of 10-14-2015, § 1; Ord. of 12-9-2019(1), § 1)
Sec. 12-8. - Holiday sales.#
Pursuant to G.L. 1956, § 5-23-2, there shall be a holiday sales license for any retail establishment wishing to operate on holidays.
(Ord. of 10-14-2015, § 1; Ord. of 12-9-2019(1), § 1)
Sec. 12-9. - Administrative approval pending board action.#
The clerk may grant up to a 30-day administrative approval for any business license subject to approval by the city council sitting as the board of license commissioners in the Code of Ordinances. Such administrative approval shall be subject to final approval, denial or continuance by the city council sitting as the board of license commissioners.
(Ord. of 12-9-2019(1), § 1)
Editor's note— An ordinance adopted Dec. 9, 2019(1), repealed the former § 12-9, and enacted a new § 12-9 as set out herein. The former § 12-9 pertained to vacant or abandoned commercial storefronts and derived from an ordinance adopted Jan. 8, 2018(2).
Sec. 12-10. - Retail plastic bag reduction.#
(a)
Purpose. The purpose of this section is to reduce the number of plastic checkout bags used by retail establishments in the city, curb litter in the streets, protect marine environment, waterways, reduce greenhouse gas emissions, and solid waste and by encouraging the use of reusable bags by retail establishments. The production, use and disposal of plastic checkout bags have significant adverse impacts on the environment. The city desires to conserve resources, reduce greenhouse gas emissions, waste, and marine pollution, and to protect the public health and welfare of its residents. Plastic bags contribute to a significant burden on the city's solid waste disposal and single stream recycling systems.
(b)
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
(1)
Check out bag means any carryout bag provided by a store to a customer at the point of sale or the point of delivery. Checkout bags shall not include:
a.
Bags, whether plastic or not, in which loose produce or products are placed by a consumer to deliver such items to the point of sale or check-out area of a retail establishment; or
b.
Laundry or dry-cleaner bags; or
c.
Newspaper bags; or
d.
Bags used to contain or wrap frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture.
(2)
Recyclable paper bag means a paper bag that is 100 percent recyclable including the handles, contains at least 40 percent post-consumer paper content, and displays the words "recyclable" and "made from 40 percent post-consumer recycled content (or other applicable amount) in a visible manner on the outside of the bag.
(3)
Retail establishment means any person, corporation, partnership, business venture, or vendor that sells or provides merchandise, goods, or materials directly to a customer, whether for or not for profit, including, but not limited to restaurants pharmacies, convenience and grocery stores, liquor stores, seasonable and temporary businesses, jewelry stores, and household goods stores. "Retail establishment" does not include sales by residents at their homes.
(4)
Reusable bag means a bag specifically designed and manufactured for multiple reuse, with handles which are stitched and not heat-fused. The bag shall not be made of any non-recycled plastic.
(c)
Requirements.
(1)
If any retail establishment provides a checkout bag to customers, the bag shall comply with the requirements of being a reusable bag or a recyclable paper bag.
(2)
The city clerk may promulgate rules and regulations to implement this section.
(d)
Education, outreach, and enforcement.
(1)
This section shall be implemented, administered and enforced by the city clerk or any other city department or division designated by the city. In order to ensure that this section is properly implemented and enforced, and to ensure that residents and local businesses are properly informed of the provisions of this section, the city clerk shall make reasonable good faith efforts to create a public education and outreach program in collaboration with Central Falls Public Schools, the Adams Library, community organizations, business stakeholders, environmental advocacy organizations, and other entities such as but not limited to Rhode Island Resource Recovery Corporation and the city's private waste hauler.
(2)
If it is determined that a violation has occurred the city shall issue a warning notice to the retail establishment for the initial violation.
(3)
If an additional violation of this article has occurred within one year after a warning notice has been issued for an initial violation, the city shall issue a notice of violation and shall impose a penalty against the retail establishment.
(4)
The penalty for each violation that occurs after the issuance of the warning notice shall be no more than:
a.
Fifty dollars for the first offense; and
b.
One hundred dollars for the second offense and all subsequent offenses.
Payment of such fines may be enforced through civil action in the municipal court.
(e)
Exempt retail establishments.
(1)
The city clerk may exempt a retail establishment from the requirements of this chapter for a period of one year upon a finding by the city clerk that the requirements of this chapter would cause undue hardship to a retail establishment. An "undue hardship" shall be found only in:
a.
Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to bags that are not recyclable paper bags, compostable plastic bags or reusable bags; or
b.
Circumstances or situations unique to the retail establishment such that compliance with the requirements of this chapter would deprive a person of a legally protected right; or
c.
Circumstances where a retail establishment requires additional time in order to draw down an existing inventory of single-use plastic check out bags.
Any retail establishment receiving an exemption shall file with the chief monthly reports on inventory reduction and remaining stocks.
(2)
Retail establishments shall apply for an exemption to the city clerk using forms provided by the city clerk, and shall allow the city clerk, or his or her designee, access to all information supporting its application.
(3)
The city clerk may approve the exemption request, in whole or in part, with or without conditions.
(4)
The city clerk, by regulation, may establish a fee for exemption requests.
(Ord. of 1-13-2020(1), § 1)