The text
Sec. 32-1. - Laying out sidewalks on petition of abutting landowners.#
(a)
The city council is hereby authorized in its discretion, upon the petition of abutters on public highways, to make concrete, cement or granolothic sidewalks, according to the choice of such abutters on such public highways, such abutters so petitioning to pay one-half of the cost of such work and the city the other half. Such work, when ordered by the city council, shall be done under the direction of the department of public works.
(b)
The city council may make rules as to the payment of the cost of work done under this chapter by the abutters, or it may authorize the department of public works to make rules as to the payment of such cost.
(Code 1973, §§ 23-1, 23-2; Code 1994, § 34-1)
State Law reference— Division of cost between city and landowners, G.L. 1956, § 24-7-3.
Sec. 32-2. - Sale of goods or merchandise on streets and sidewalks.#
No person shall sell, display, display for sale or offer for sale or suffer to be sold any goods, wares or merchandise of any type, nature or description whatsoever, however named, called or described, in or from any open-air stand or in any open-air area or on or from any stand adjacent to or near any building or from any place other than a building, or shall make sales on any sidewalk in the city, unless and until he shall have obtained a license therefor from the city council. Such person shall first make application, giving the size, location, nature and purpose of the stands and the area or place to be used. The council may grant such license upon such terms and conditions as in their discretion are necessary and essential. The granting of such licenses is not mandatory, since the welfare of the public is of primary consideration. The license fee therefor shall be established from time to time for each period of one year, such licenses to be prorated from June 1 in each year.
(Code 1973, § 23-3; Code 1994, § 34-2)
Sec. 32-3. - Use of streets for recreational purposes.#
(a)
Children's baths and showers from hydrants. The board of recreation is hereby authorized and empowered to use certain streets which are not main arteries of travel for the purpose of furnishing children with an opportunity to use and enjoy baths and showers from and at hydrants during the period set aside by the board of recreation for recreational activities.
(b)
Block parties. The board of recreation is authorized and empowered to set off certain streets for the purpose of block parties.
(c)
Exclusion of vehicular traffic. For either purpose mentioned in subsections (a) and (b) of this section, the board of recreation is authorized and empowered to rope off so much of the streets as shall be deemed necessary to the exclusion of all vehicular traffic, which vehicular traffic shall include bicycles, motor vehicles and other type vehicles.
(d)
Supervision of streets so used. Each street used for the purposes mentioned in this section shall be under the supervision of someone duly authorized by the board of recreation.
(e)
Trespassing in recreational area. No person shall trespass into the restricted area provided for in subsection (c) of this section without the consent or authority of the board of recreation or its designated agent with any vehicle described in this section, nor shall any person trespass into such area without such permission.
(Code 1973, §§ 23-10—23-14; Code 1994, § 34-4)
Sec. 32-4. - Vehicles on sidewalks.#
(a)
No vehicle shall be driven, backed, moved or allowed to stand on any sidewalk, except for the purpose of crossing the sidewalk when necessary; and in such case, such vehicle shall use the shortest way from the street to the abutting estate.
(b)
The penalty for violation of this section shall be $15.00.
(Code 1973, § 23-17; Code 1994, § 34-6)
Sec. 32-5. - Depositing cans, dirt and other substances on streets and sidewalks.#
No person shall throw or deposit or cause to be thrown or deposited in or upon any street, highway, sidewalk or public place any tin pans or cans, dirt, sweepings, coal, dust, soot, ashes, cinders, shavings, hair, shreds, manure, oyster, clam or lobster shells, or any animal or vegetable matter or substance whatsoever. Nothing contained in this section shall be construed as forbidding the placing of sand or other substances on sidewalks encumbered by ice, or the removing of snow from sidewalks at any time as provided in sections 32-8 and 32-9.
(Code 1973, § 23-18; Code 1994, § 34-7)
State Law reference— Littering, G.L. 1956, § 37-15-6.
Sec. 32-6. - Hoisting or lowering merchandise over streets.#
No merchandise shall be hoisted or lowered into or out of any building over any street, highway or public place in any manner so as to endanger people lawfully using such street, highway or public place.
(Code 1973, § 23-24; Code 1994, § 34-8)
Sec. 32-7. - Obstructing sidewalks.#
(a)
Prohibited. No person shall stand on any footwalk, sidewalk, doorstep or in any doorway or shall ride, drive, fasten or leave any horse or other animal or any carriage, team or any other vehicle on any such footwalk, sidewalk, doorstep or doorway within the city to the obstruction, hindrance, delay, disturbance or annoyance of passersby or of persons residing or doing business in the vicinity thereof.
(b)
By loading or unloading merchandise. On streets not otherwise restricted, merchandise may be transferred from or to trucks or other vehicles over the sidewalks by the use of skids and planks when necessary; provided, that the sidewalk is not unreasonably obstructed, and then only for such reasonable time as is necessary. If the sidewalk and travel thereon is obstructed by such skids or planks for more than ten minutes at a time, any police officer may order such skids or planks removed. If not removed, he may himself remove them or cause them to be removed.
(Code 1973, §§ 23-25, 23-26; Code 1994, § 34-9)
Sec. 32-8. - Removal of snow from sidewalks and prohibition on disposal of snow on streets.#
(a)
The owner, occupant or other person having the care of any building or lot of land bordering on any street, highway, square or public place where there is a sidewalk supported by curbing shall, within the first 12 hours of daylight after the ceasing to fall of any snow, cause the snow to be removed from the sidewalk adjoining such building or lot of land. The provisions of this section shall also apply to the falling of snow from any building.
(b)
No owner, lessee or occupant of any premises, or any person cleaning or removing snow there from, shall deposit, permit or cause to be deposited any snow from said premises upon any street or public place except with the permission of the director of public works.
Any person found guilty of violating this subsection shall be fined as follows. The first offense shall be $50.00. The second offense shall be $100.00. The third offense shall be $250.00. And each subsequent offense shall be $250.00. Enforcement shall be the responsibility of the city police department and/or an inspector or supervisor of the city public works department. The imposition of such fine and other charges may be appealed to municipal court within ten days of the issuance of a written citation.
(Code 1973, § 23-27; Code 1994, § 34-10; Ord. of 4-18-2011(2); Ord. of 6-11-2019(1), § 1)
Sec. 32-9. - Removal of ice from sidewalks.#
Whenever any sidewalk or any part thereof adjoining any building or lot of land on any street, highway, square or public place where such sidewalks are supported by curbing shall be encumbered by ice, it shall be the duty of the owner, occupant or other person having the care of such building or lot to cause the sidewalk to be made safe and convenient by removing the ice therefrom or by covering such ice with sand or some other suitable substance. In case such owner, occupant or other responsible person shall neglect so to do for the space of three hours during the daytime, he shall be punished as provided in section 1-12 and in a like manner for every day thereafter that the sidewalk shall continue to be so encumbered.
(Code 1973, § 23-28; Code 1994, § 34-11)
Sec. 32-10. - Removal of injurious substances from streets and sidewalks.#
Whenever, from accident or casualty, any liquid or other substance which may injure by contact therewith any man or beast, or any glass or other solid substance which may render travel unsafe to man or beast or vehicles upon the highway shall be thrown or deposited in any street or sidewalk, the person in whose charge and control such liquid or substance was at the time of such accident shall, as soon as reasonably may be, by removal of such liquid or substance or otherwise, restore the street or sidewalk to a clean condition, safe and convenient for travel.
(Code 1973, § 23-29; Code 1994, § 34-12)
Sec. 32-11. - Wetting down or placing water on streets and sidewalks.#
No person shall, between the hours of 8:00 a.m. and 10:00 p.m. of any day, wet down the sidewalks of or use water upon the outside of any structure abutting upon or near to any public street in the city in any manner that may cause annoyance or inconvenience to anyone having the right to use the street or sidewalk during the time aforesaid, and no person shall wet down any such sidewalk or use water in any manner that may cause such water to come upon such sidewalk or street at any time when such water may be likely to freeze upon such sidewalk or street.
(Code 1973, § 23-30; Code 1994, § 34-13)
Sec. 32-12. - Tree ordinance.#
(a)
Purpose. This section shall establish the Central Falls Tree Advisory Board, which shall be responsible for a devising and educating on issues pertaining to trees and wooded plants in the City of Central Falls, and to maintain the status of Tree City USA.
(b)
Definitions.
(1)
Street trees. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
(2)
Park trees. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.
(c)
Board established. There is established for the City of Central Falls an advisory board to be known as the Central Falls Tree Advisory Board.
(d)
Membership and compensation. The Central Falls Tree Advisory Board shall consist of three members who live or work in the Central Falls area and whom the mayor, with the approval of the city council, shall appoint. The members shall serve without compensation for services performed.
(e)
Appointments/terms of office. The term of the persons to be appointed by the Mayor shall be three years. In the event a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. The first board shall serve as follows: One member shall serve for one year, one member shall serve for two years, and one member shall serve for three years. The mayor, for inefficiency, neglect of duty, or irreconcilable conflict may remove members.
(f)
Meetings. The board shall meet quarterly. The board shall determine meeting dates and times. Special meetings may be held as often as the Board deems necessary or as directed by the mayor or city council. For purposes of conducting the board's business, exercising its powers and for all other purposes, a quorum of the board shall consist of two or more members. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the board, shall be deemed and taken as the action and decision of the board. The board shall elect such officers, as it deems necessary to conduct business. The board shall adopt such rules of procedure, as it deems necessary. The board shall keep written minutes of all meetings held and all business transacted. All records of the Board shall be open to public inspection, except those that may be exempt from public disclosure under state law.
(g)
Duties of the advisory board. The Board shall acquire authorization form the director of public works prior to under taking any project. The duties of the tree board shall include, but not be limited to the following:
(1)
Promote the responsible planting of trees on public and private property.
(2)
Promoting public education about trees.
(3)
Promoting proper tree maintenance.
(4)
Advocating trees within the City of Central Falls.
(5)
Providing for aesthetics within the City of Central Falls through the formulation and implementation of tree programs.
(6)
Developing programs and projects while working with other community groups to enhance the city's beautification.
(7)
Developing innovative and joint funding for tree projects from a variety of sources.
(8)
Providing the mayor and city council with a yearly report regarding tree board activities.
(9)
Develop, maintain and provide a tree standard manual for proper tree planting, maintenance and care of trees and wooded plants, by development of landscaping and/or tree ordinances within the city, as well as reviewing project plans for compliance with said ordinances as requested by city staff.
(h)
Utilities. No street trees may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(i)
Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners.
(j)
Tree topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the board.
(k)
Pruning, corner clearance. Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
(l)
Dead or diseased tree removal on private property. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice or to file a lien against the property.
(m)
Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(n)
Authorized. The tree warden is hereby authorized on petition of abutters on public sidewalks and with approval of the tree advisory board to issue a permit to plant street trees of a species approved by the tree warden on the sidewalks and in such places as approved by the director of public works and the tree advisory board.
(o)
Cost. The director of public works is authorized to certify one-half of the cost of planting trees under this section to the director of finance, who is hereby authorized to pay such cost from the public works budget.
(p)
Penalty and appeal. Any person violating any provision of this section shall be subject to a fine by the tree advisory board not to exceed $500.00 per violation. Any person may appeal from any ruling or order of the tree advisory board to the board of appeals who may hear the matter and render a final decision.
(Code 1973, § 23-30.5; Code 1994, § 34-15; Ord. of 3-23-2015(2))
Sec. 32-13. - Repairing and/or servicing of motor vehicles on public property.#
(a)
No person shall, within the city, repair and/or service any motor vehicle on public streets, within public parks, within public playgrounds, within public parking lots or on other public property except in an emergency.
(b)
Penalty for violation of this section shall be $50.00 for the first offense and $100.00 for each subsequent offense.
(Code 1973, § 23-30.7; Code 1994, § 34-16)
Sec. 32-14. - Liability for damage from defective roads; recovery of amount of damage.#
(a)
Pursuant to G.L. 1956, § 24-5-13, if any person shall incur damage to his motor vehicle by reason of a pothole on any city highway, causeway, street, lane or bridge, which damage would have not occurred without the existence of the pothole, he may recover from the city the amount of damages sustained up to and not more than the sum of $300.00; provided, however, that the municipality had reasonable notice of the pothole, or may have had notice thereof by the exercise of proper care and diligence on its part, and a reasonable opportunity to repair the pothole.
(b)
All claims shall be made within a period of seven days from the date on which the damage was sustained by filing a written report in a manner prescribed by the city. In no instance, however, shall any claim for damage so caused to a motor vehicle registered in a foreign state be considered unless that state has a similar statute affording similar protections to persons owning motor vehicles registered in this state.
(Code 1994, § 34-17; Ord. of 4-11-2005(6))