Chapter 26 - OFFENSES AND MISCELLANEOUS PROVISIONS
Part of the Code of Ordinances of Central Falls, RI.
The text
ARTICLE I. - IN GENERAL#
Sec. 26-1. - Malicious destruction of property or obstruction of lawful pursuits.#
Every person who shall willfully and maliciously or mischievously injure or destroy the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his lawful business or pursuits, in any manner, shall be charged in accordance with Chapter 44-11 of the Rhode Island General Laws.
(Code 1973, § 18-11; Code 1994, § 26-4; Ord. of 9-14-2015(3), § 1)
State Law reference— Similar provisions, G.L. 1956, § 11-44-1.
Sec. 26-2. - Airplane glue, sale or furnishing to minors.#
It shall be unlawful for any person to sell, furnish, deliver, supply, lend or give any quantity of so-called toxic airplane glue to any minor unless first supplied with written permission from a parent or guardian of the minor requesting such minor to be sold, furnished or otherwise supplied with the toxic airplane glue.
(Code 1973, § 18-1; Code 1994, § 26-12; Ord. of 9-14-2015(3), § 1)
Sec. 26-3. - Child safety zone; sex offenders.#
Sex offender registration, sex offender notification, child safety zones and violations related thereto shall be charged in accordance with Chapter 11-37 of the Rhode Island General Laws.
(Ord. of 6-9-2008(2), §§ 1—5; Ord. of 9-14-2015(3), § 1)
Sec. 26-4. - Reserved.#
Editor's note— An Ord. of 3-11-2019(4), § 1, repealed § 26-4, which pertained to juvenile curfew and derived from an Ord. of 6-9-2008(1); and an Ord. of 9-14-2015(3).
Sec. 26-5. - Light sources facing neighboring property.#
(a)
No artificial lighting shall shine directly upon any neighboring residential property or be so established that it shall shine directly upon any neighboring residential property or shall shine directly on or into any rooms, porches or patios of any neighboring structure or property as to be a nuisance. Nor shall any artificial lighting be maintained or operated from any structure or land in such a way as to be a nuisance to neighboring residential properties or as to impair vision though inordinate glare or to create a hazard to neighboring properties or as to interfere with the reasonable quiet enjoyment, use or comfort of the occupants of the neighboring residential properties.
(b)
Exterior lighting facing neighboring residential property shall be hooded or shielded so that it does not produce an objectionable or inordinate glare on the neighboring residential property.
(c)
Penalties. Any person responsible for such nuisance or annoying lighting as described in this section shall, upon a complaint having been made to the department of code enforcement, be issued a warning to abate said nuisance. For failure to comply within 14 days of receipt of said warning, said person shall be subject to a fine of $100.00.
(Ord. of 4-14-2008(2); Ord. of 9-14-2015(3), § 1)
Secs. 26-6—26-28. - Reserved.#
ARTICLE II. - OFFENSES INVOLVING PROPERTY RIGHTS#
DIVISION 1. - GENERALLY#
Sec. 26-29. - Trespassing on exterior school property.#
Trespassing on school property shall be charged in accordance with Chapter 44-11 of the Rhode Island General Laws.
(Code 1973, § 18-21.5; Code 1994, § 26-3; Ord. of 9-14-2015(3), § 1)
Sec. 26-30. - Public notices, defacing or destroying.#
A person shall be charged in accordance with Chapter 44-11 of the Rhode Island General Laws if he or she wantonly tears down, defaces or destroys any notice of any public meeting, auction or other sale or any other public notice lawfully posted.
(Code 1973, § 18-16; Code 1994, § 26-10; Ord. of 9-14-2015(3), § 1)
Sec. 26-31. - Street markers and signs, breaking or injuring.#
A person shall be charged in accordance with Chapter 44-11 of the Rhode Island General Laws if he or she wantonly breaks down, injures, mars or destroys any monument or other memorial erected for the purpose of designating the boundaries of any street or highway in the city, or any tree, stake or other thing marked for that purpose, or breaks down, injures, mars or destroys any signboard erected upon any street or highway, or wantonly defaces or alters the inscription on any such board.
(Code 1973, § 18-21; Code 1994, § 26-11; Ord. of 9-14-2015(3), § 1)
Secs. 26-32—26-50. - Reserved.#
DIVISION 2. - GRAFFITI#
Footnotes:
--- (1) --- Editor's note— Ord. of 9-14-2015(3), § 1, amended Div. 2 in its entirety to read as herein set out. Former Div. 2, §§ 26-51—26-55, pertained to similar subject matter, and derived from Code 1994, §§ 26-36—26-40; Ord. of 9-12-1994(2), § 18-100—18-103; Ord. of 2-10-2003.
Sec. 26-51. - Declaration of policy.#
The city and other urban areas throughout the country are experiencing unauthorized acts of vandalism by individuals that deface, disfigure or damage public and private property through the use of paint or other materials used to write names, initials, letters, symbols or other miscellaneous markings commonly known as "graffiti." This defacing, disfiguring or damaging of public and private property has created a form of visual pollution that has impacted the citizen's quality of life. The purpose of this article is to prevent same.
(Ord. of 2-10-2003; Ord. of 9-14-2015(3), § 1)
Sec. 26-52. - Graffiti restrictions.#
It shall be unlawful for any person without the express consent of the property owner to paint, deface, disfigure or damage property, including, but not limited to, buildings, walls, fences, poles, containers, bridges, vehicles and all other structures and hard surfaces, through the use of paint or other indelible materials used to write names, initials, letters, symbols or other miscellaneous markings commonly known as "graffiti" and said person shall be charged in accordance with Chapter 44-11 of the Rhode Island General Laws.
(Ord. of 2-10-2003; Ord. of 9-14-2015(3), § 1)
State Law reference— Similar provisions, G.L. 1956, § 11-44-21.1.
Sec. 26-53. - Enforcement and penalties for minors.#
The agency charged with the enforcement of this division shall be the police department. This enforcement shall be done in conjunction and with referral and evaluation performed by the city's code enforcement director. Any minor violating the provisions of this division may be referred to the juvenile hearing board, who may subject the minor to a requirement of up to 50 hours of community service work.
(Ord. of 9-14-2015(3), § 1)
Secs. 26-54—26-65. - Reserved.#
DIVISION 3. - PROHIBITING SMOKING WITHIN PROXIMITY TO PUBLIC FACILITIES AND THE DELIVERY OF TOBACCO PRODUCTS TO MINORS#
Sec. 26-66. - [Intent.]#
It is the intent of the City of Central Falls to create a tobacco free environment for schools, childcare centers: playgrounds and parks within the City of Central Falls.
(Ord. of 10-10-2012, § 1)
Sec. 26-67. - Smoking prohibition.#
Smoking and the use of tobacco products is prohibited in or on school grounds, child care facilities, playgrounds and parks within the City of Central Falls, to a distance including 25 feet of any entrance into or exit out of said buildings, including athletic fields, childcare facilities, playgrounds, parks and public events involving youth, families and seniors.
(Ord. of 10-10-2012, § 2)
Sec. 26-68. - [Delivery of tobacco products to minors.]#
Delivery of tobacco products to persons under the age of 18 is prohibited in accordance with R.I.G.L. 11-9-13 and 11-9-131. It shall be unlawful for any person to deliver any tobacco product or snuff to a person under the age of 18 years, nor shall any person under the age of 18 purchase any tobacco product snuff.
(Ord. of 10-10-2012, § 3)
Sec. 26-69. - Signs to be erected.#
The public works department is hereby directed to cause conspicuous signs giving notice that the above-referenced properties and facilities are tobacco free zones.
(Ord. of 10-10-2012, § 4)
Sec. 26-70. - Violations and penalties.#
Any person who violates this division shall be deemed to be creating a public nuisance, and violators shall be punishable to a fine of not less than $100.00 as well as subject to punishment in accordance with section 1-12 of the Revised Code of Ordinances of the City of Central Falls and or prosecuted in accordance with state statues where applicable.
Notwithstanding the foregoing, any violations of any provision of this division committed by any person under the age of 18 shall be referred to the municipal court. A first offense shall be punishable by a fine not less than $100.00, or 20 hours community service. Any subsequent offense shall require successful completion of a tobacco cessation program in addition to any fines imposed.
(Ord. of 10-10-2012, § 5)
Secs. 26-71—26-83. - Reserved.#
ARTICLE III. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER#
DIVISION 1. - GENERALLY#
Sec. 26-84. - Disorderly conduct.#
(a)
No alcoholic beverage shall be consumed on city streets and sidewalks or within public parks and recreational facilities. It shall be unlawful for any person to possess, consume from and/or transport any open container containing alcoholic beverages on any public street, public sidewalk or public way.
(b)
Penalty. Any person violating this section shall be punished in accordance with section 1-12 with the first violation of this section being a fine of $50.00 and each and every offense thereafter being an increased fine of $50.00, up to a fine of no more than $500.00. A court of competent jurisdiction may refer a minor to the juvenile hearing board or, for any individual, may order up to 50 hours of community service instead of ordering a fine.
(Code 1973, § 18-10; Code 1994, § 26-2; Ord. of 9-14-2015(3), § 1)
State Law reference— Disorderly conduct, G.L. 1956, § 11-45-1.
Sec. 26-85. - Sleeping in public.#
(a)
There shall be no sleeping in any public area of the city at night, including parks, streets and automobiles parked in any public area, except those places which provide sleeping accommodations for transient visitors.
(b)
Penalty. Any person violating this section shall be punished in accordance with section 1-12 with the first violation of this section being a fine of $50.00 and each and every offense thereafter being an increased fine of $50.00, up to a fine of no more than $500.00. A court of competent jurisdiction may refer a minor to the juvenile hearing board or, for any individual, may order up to 50 hours of community service instead of ordering a fine.
(Code 1973, § 18-18; Code 1994, § 26-5; Ord. of 9-14-2015(3), § 1)
Sec. 26-86. - Hate groups policy.#
(a)
[Definitions.]
Hate group means a group that advocates and practices hatred, hostility, or violence towards members of a race, ethnicity, nation, religion, gender, gender identity or sexual orientation and that is classified as a hate group by the Southern Poverty Law Center.
Violence is defined as the use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, physiological harm, maldevelopment or deprivation.
(b)
All actions by hate groups, including groups characterized as White Supremacists, Nazi Groups, Aryan Nations, the KKK and other such groups, are unlawful in the City of Central Falls and are hereby banned because they have a history of violence targeting individuals' race, religion and national origin. Their history of said violence, tied to their message, will incite panic and fear within the City of Central Falls.
(Ord. of 10-29-2020(1), § 5)
Secs. 26-87—26-113. - Reserved.#
DIVISION 2. - NOISE#
Footnotes:
--- (2) --- State Law reference— Unreasonable noise levels, G.L. 1956, § 11-45.1-1 et seq.
Sec. 26-114. - Penalty.#
The penalty for the first violation of this division shall be a fine of $100.00, a second violation of this division shall be a fine of $200.00 and a third and any subsequent violation shall be a fine of $500.00. Each fine shall be appealable to the municipal court.
(Code 1994, § 18-71; Ord. of 8-30-1993, § 6; Ord. of 1-11-1999; Ord. of 1-10-2005(1); Ord. of 11-9-2015(1))
Sec. 26-115. - Declaration of policy.#
It is hereby declared to be the policy of the city to prohibit unreasonable, excessive and annoying noise levels from all sources subject to its police power. The noise being generated may originate from radios, CD players, DVD players, tape players, televisions and other audio-producing equipment.
(Code 1994, § 18-67; Ord. of 8-30-1993, § 1; Ord. of 4-12-2004; Ord. of 11-9-2015(1))
Sec. 26-116. - Enforcement.#
The police chief or his designee shall train personnel in the proper use of sound level meters and criteria necessary for the enforcement of the provisions of this article.
(Code 1994, § 18-70; Ord. of 8-30-1993, § 5; Ord. of 11-9-2015)
Sec. 26-117. - Violations of acceptable noise levels.#
(a)
It shall be unlawful for any person to operate any equipment from which the sound created by this equipment is capable of penetrating a closed vehicle from 20 feet away from the locations at which the sound is being generated, or heard from 100 feet away by a person outside from which the sound is originating. This division shall include, but not be limited to, sound electronically generated by autos, trucks, scooters, motor homes, mobile homes, houses, apartment buildings, condominiums, commercial buildings, lawn maintenance equipment, or from any type of portable sound producing equipment that can be carried or placed outdoors which through its operation exceeds the provisions of this division.
(b)
All state and municipal vehicles shall be exempt from the provisions of this division, nor any person, firm, corporation or other legal entity which holds a valid state or municipal entertainment license to sponsor a parade, carnival or other similar special event.
(Code 1994, § 18-68; Ord. of 8-30-1993, § 2; Ord. of 4-12-2004; Ord. of 11-9-2015(1))
Sec. 26-118. - Stereos, radios, musical instruments and other noisemaking devices.#
(a)
It shall be unlawful for any person to use or operate any stereo, radio, musical instrument or other noisemaking device for the producing or reproducing of sound in such a manner so as to disturb the peace, quiet and comfort of reasonable persons.
(b)
It shall be unlawful for any person to use or operate any stereo, radio, musical instrument or other noisemaking device for the producing or reproducing of sound within a motor vehicle in such a manner as to disturb the peace, quiet, and comfort of reasonable persons.
(c)
Any noise level exceeding the ambient base level, as defined in section 26-117 anywhere along the street property, or property lines of any property, or if in a condominium or apartment house with any adjoining apartment, by more than five decibels shall be deemed to be prima facie a violation of the provisions of this division. In the case of a motor vehicle, the noise level must exceed the ambient base level by more than five decibels at least three feet from the motor vehicle.
(Code 1994, § 18-69; Ord. of 8-30-1993, § 4; Ord. of 11-9-2015(1))
Sec. 26-119. - Public education.#
The police and fire departments shall conduct public education and post public signage to promote compliance with the provisions of this division.
(Ord. of 11-9-2015(1))
Secs. 26-120—26-149. - Reserved.#
ARTICLE IV. - OFFENSES INVOLVING PUBLIC SAFETY#
Sec. 26-150. - Permit requirements for weapons.#
Permit requirements for weapons shall be in accordance with Chapter 44-11 of the Rhode Island General Laws.
(Code 1973, § 18-22; Code 1994, § 26-6; Ord. of 9-14-2015(3), § 1)
State Law reference— Possession, etc., of weapons, G.L. 1956, § 11-47-1 et seq.
Sec. 26-151. - Discharging weapons.#
The discharge of weapons shall be in accordance with Chapter 44-11 of the Rhode Island General Laws.
(Code 1973, § 18-23; Code 1994, § 26-7; Ord. of 6-1-2005(1); Ord. of 9-14-2015(3), § 1)
Sec. 26-152. - Hunting.#
It shall be unlawful for any person to hunt, pursue, take or kill any wild bird or animal in the city with rifles, firearms of any description, bow and arrow, or any other weapon, including air rifles or air pellet guns.
(Code 1973, § 18-12; Code 1994, § 26-9; Ord. of 9-14-2015(3), § 1)