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Sec. 36-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Whenever any words and phrases used in this chapter are not defined in this section, but have the meaning respectively ascribed to them by G.L. 1956, § 31-1-2, any such definitions therein shall be deemed to apply to such words and phrases in this chapter.
Alley or alleyway means a narrow street, usually without sidewalks, on which the rears or sides of buildings adjoin.
Authorized emergency vehicle means vehicles of the fire department (fire patrol), police vehicles, vehicles used by state marshals in the department of corrections, vehicles used by the state bomb squad within the division of state fire marshal, vehicles of municipal departments or public service corporations designated or authorized by the administrator as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as authorized by the department chief or commander and permitted by the state association of fire chiefs and state association of police chiefs joint committee for volunteer warning light permits.
Bus stop means an area on the roadway, adjacent to the curb or edge of the roadway, set aside for the boarding of, or alighting of, passengers from busses.
Commercial vehicle means any vehicle registered for commercial purposes, designed and used primarily for the transportation of goods, wares, and/or merchandise.
Curb means a stone or concrete edging of the sidewalk or pavement.
Curb loading zone means a space adjacent to a curb reserved for the exclusive use of a vehicle during the loading or unloading of materials and/or passengers.
Curbline means the prolongation of the lateral line of a curb, or in the absence of a curb, the lateral boundary line of the roadway.
Dismantled, junked, inoperable, or abandoned vehicles mean vehicles legally or physically incapable of being operated or which have not been duly registered according to law, or which do not have legal evidence of said lawful registration affixed thereto, or which lack to a substantial degree the equipment in good operating condition as required by laws to enable them to be registered, and further shall be deemed to include major parts thereof including bodies, engines, transmissions, rear ends, and the like, or any such vehicle which is leaking fuel or other harmful substance, or creates a substantial hazard which, if allowed to remain, is a detriment to the health, safety and welfare of the inhabitants of the city.
District. Rural district means any territory not included in a business or residence district, whether or not within the boundaries of a municipality.
Urban district means territory continuous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more.
Freight curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of freight.
Highway. Controlled access highway means every highway, street or roadway in respect to which owners or occupants of abutting land and other persons do have legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such street, highway and/or roadway.
Divided highway means a highway, roadway or street with separate roadways for traffic in opposite directions.
Major highway means the roadway approach or approaches at an intersection normally carrying the greater (major) volume of vehicular traffic.
Minor highway means the roadway approach or approaches at an intersection normally carrying a lessor (minor) volume of vehicular traffic.
Median means the portion of a divided street, roadway or highway separating the traveled ways of traffic in opposite directions.
No passing zone means a section of any street, roadway or highway designated by the public body or official having jurisdiction as one where overtaking and passing, or driving to the left of such roadway, street or highway, would be especially hazardous.
Pavement means that part of the roadway, street or highway having a constructed surface for the facilitation of vehicular traffic.
Police officer means every officer of the municipal police department, or any officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations.
Public parking lot means a plot of land, or building, owned and/or leased by this city, not including highways, roadways and streets, upon which the parking of vehicles is regulated by signs.
Ramp means an inclined section of the way, over which traffic passes for the primary purpose of ascending or descending so as to make connections with other ways; or, an interconnecting roadway or traffic interchange, or any connection between highway facilities of different levels on which vehicles may enter or leave a designated highway.
Safety zone means the area or space officially set apart within the roadway, street or highway for the exclusive use of pedestrians, and which is protected, or is so marked or indicated, by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Taxi stand means an area in the roadway, street or highway adjacent to the curb or edge of the roadway, street or highway set aside for the exclusive use of taxicabs for the stopping, standing, boarding or alighting of passengers.
Traffic division means the division of the department of public works of the city that is responsible or erection or maintenance of traffic signs, signals, devices and markings.
Traffic zone means a strip of roadway, street or highway intended to accommodate the forward movement of a single line of vehicles.
(Code 1973, §§ 16-1-1—16-1-25, 16-13-4; Code 1994, §§ 38-1, 38-12; Ord. of 9-18-2017(1), § 1)
State Law reference— Definitions, G.L. 1956, § 31-1-2 et seq.
Sec. 36-2. - Penalties.#
(a)
Except as provided in subsection (b) of this section or elsewhere in this chapter, any person who violates or fails to comply with any of the provisions of this chapter shall be punishable by a fine not exceeding $50.00 for parking related violations, and a fine not exceeding $100.00 and/or imprisonment for a period not exceeding ten days, or both such fine and imprisonment, for non-parking-related violations.
(b)
The following are penalties for violations of the indicated provisions:
Section Description Fine
36-7 Vehicle out of use $100.00
36-627 Trucking prohibited $40.00
36-282 Traffic obstructed $40.00
36-373(a)(1) Parked on sidewalk $40.00
36-373(a)(18) At an angle w/curb $40.00
36-373(a)(9) 50ft of rail crossing $40.00
36-373(a)(10) 20ft of driveway $40.00
36-373(a)(11) Obstructing traffic $40.00
36-373(a)(13) Parking at bridge $40.00
36-373(a)(5) Parked in crosswalk $40.00
36-373(a)(19) Parallel w/any curb painted yellow $40.00
36-373(a)(20) Prob. area/municipal lot $100.00
36-373(a)(14) Prohibited area $40.00
36-373(a)(21) Parked left wheel to curb $40.00
36-373(a)(2) Driveway parked or obstructing $40.00
36-373(a)(3) Within an intersection $40.00
36-373(a)(4) Parked in front of fire hydrant $100.00
36-373(a)(6) Parked within 20ft of crosswalk $40.00
36-373(a)(7) 30 ft. of a flashing light $40.00
36-373(a)(8) 30 ft. of safety zone $40.00
36-373(a)(11) Parking not to obstruct traffic $40.00
36-373(a)(12) Double parked $100.00
36-379 Parked commercial vehicle $100.00
36-380 Private property (1st offense) $100.00
36-382 Sweeper Tag $40.00
36-380 Private property (2nd offense) $200.00
36-417 Freight curb loading $40.00
36-419 Parked at bus/taxi stand $40.00
36-8 Abandonment of vehicle of public highway/property $250.00
36-438 Parking during/after snowstorm (1st offense) $50.00
36-438 Parking during/after snowstorm (2nd offense) $100.00
36-438 Parking during/after snowstorm (3rd offense) $200.00
36-439 Interfere with removal ice/snow (1st offense) $50.00
36-439 Interfere with removal ice/snow (2nd offense) $100.00
36-439 Interfere with removal ice/snow (3rd offense) $200.00
36-372 Obstructing roadway $40.00
36-386 Vehicle creating a nuisance (1st offense) $100.00
36-386 Vehicle creating a nuisance (2nd offense) $200.00
36-386 Vehicle creating a nuisance (3rd offense) Municipal Court Appearance
36-387 Winter parking ban $40.00
(Code 1973, §§ 16-2-7, 16-2-9; Code 1994, § 38-7; Ord. of 2-28-2005(2); Ord. of 12-19-2011(1); Ord. of 9-18-2017(1), § 1)
Sec. 36-3. - Payment of fines; multiple violations relating to operation of vehicles.#
(a)
Payment of fines. Generally, a person charged with a violation of any traffic regulation relating to stopping, standing, parking and/or operation of vehicles, and notified in writing by a police officer to appear to answer such charges before the municipal court of the city, may, in lieu of such appearance, elect to appear, in person or through someone duly authorized by him in writing, before the clerk of the municipal court, admit the truth of the charge, and pay to such clerk of the court the designated fine, provided that such appearance, admission and payment be made at the office of such clerk of the court during the regular business hours, within seven days of such notification, and failure to appear shall be deemed a waiver of the right to dispose of such charge without personal appearance before the municipal court of the city.
(b)
Notice of violation. The notice of violation provided in this section shall indicate the offense charged, the schedule of fines for such violations, the time within which the privilege of paying such fine by mail may be exercised, the place to which such fine may be mailed, and shall also contain such information as will enable the person charged to take advantage of the provisions of this section. Such notice shall be affixed to the motor vehicle that is the cause of the violation.
(c)
Effect of payment of fines. The payment of a fine to the clerk of the municipal court, or by mail to the clerk of the police department, as provided in this chapter, for the violation of a traffic regulation pertaining to the stopping, standing, parking or operation of a motor vehicle shall be a final disposition of the charge, and such proceedings shall not be deemed criminal.
(d)
Mailing payments. Notwithstanding anything contained in this section, any person charged with any of the aforesaid violations relating to stopping, standing or parking of vehicles may elect to mail in the violation tag to the clerk of the police department, accompanied by the payment of the designated fine, plus an additional $5.00 for processing, and the name and address of the violator. The privilege of paying such fine by mail, exercised within seven days from the date of the offense, and the date of depositing the payment of such fine in a depository maintained by the United States Postal Department for the collection of mail, and the postage cancellation, shall be prima facie evidence of the time of deposit. When mail is used for the payment of such fines, the payment may be made in cash or by check or money order. When such payment is attempted with a check drawn against insufficient funds, an additional penalty of $10.00 shall be imposed against the violator. When such payment is made in cash, it shall be at the risk of the sender, and the record of the clerk of the police department shall be conclusive as to receipt of such payment, and the amount thereof, in the absence of written evidence to the contrary.
(e)
Effect of multiple violations relating to operation of motor vehicles. Notwithstanding anything contained in this section, disposition of a traffic violation charge relating to operation of a motor vehicle without personal appearance before the municipal court of the city may not be exercised by any person who, in the consecutive period of 12 months next preceding such charge, has been two times in the aggregate adjudged guilty by such municipal court of any violation of any regulation pertaining to operation of vehicles, or by any such person who has admitted the truth of such charge made against him under the provisions of this chapter. Further, notwithstanding anything contained in this section, no person shall dispose of or answer to a traffic violation charge relating to the operation of motor vehicles except by personal appearance in the municipal court of the city. In those cases where such a citation is issued for a violation relating to or preceding an accident which results in injury to a person or property damage, in all such cases, personal appearance must be made before a judge of the municipal court of the city, who, upon a plea, or finding of guilty, may impose any penalty authorized by ordinance or law.
(f)
Effect of multiple violations relating to parking violations. Pursuant to G.L. 1956, § 31-28-9, after a parking violation remains unpaid for at least 14 days and the vehicle operator and/or owner fails to appear in municipal court, the city shall send additional notices of violation to the registered owner's address on record with the Rhode Island Division of Motor Vehicles, with the fine doubling at the second notice of violation and the fine tripling at the third notice of violation. If the offense remains unpaid and the owner of the vehicle fails to appear in municipal court after the third notice of violation, the city may take any lawful action to collect outstanding fines and penalties, including, but not limited to, issuing subsequent notices of violation; referring unpaid fines to a collection agency; requesting the Rhode Island Division of Motor Vehicles to suspend the driver's license and/or block registration renewals of the vehicle owner; or towing the vehicle after four unpaid violations.
(g)
The municipal court and the city will deposit all funds generated from parking violations into the city's general operating fund.
(Ord. of 6-2-2025(1), § 1)
Editor's note— An ordinance adopted June 2, 2025(1), amended § 36-3 in its entirety, in effect repealing and reenacting said § 36-3 to read as set out herein. The former § 36-3 pertained to payment of fines; multiple violations relating to operation of vehicles; maintenance and equipment replacement fund and derived from Code 1973, §§ 16-2-6, 16-2-8; Code 1994, § 38-8; an ordinance adopted Jan. 10, 2005(2); an ordinance adopted Sept. 18, 2017(1), § 1.
State Law reference— Nonmoving violations, G.L. 1956, § 45-6.1-1 et seq.
Sec. 36-4. - Obedience to police officers; removal of vehicles.#
(a)
No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic, including any order or direction pertaining to fire lane parking violations whether on private or public property.
(b)
Any police officer, in his discretion, may remove, or cause to be removed, any vehicle left upon any roadway, street or highway, and not in the apparent charge of any person, or in violation of any of the regulations set out in this chapter, to another place on such street, or from such street to another street, or to any garage, which shall provide for the same, or to the police station, and there shall leave it, and possession of any such vehicle shall be withheld from any person entitled to possession thereof until any expenses incurred in the removal thereof shall have been paid.
(Code 1973, § 16-3-1; Code 1994, § 38-9; Ord. of 9-18-2017(1), § 1)
State Law reference— Similar provisions (as to subsection (a)), G.L. 1956, § 31-12-9; authority to regulate traffic by means of police officers, G.L. 1956, § 31-12-12(a)(2).
Sec. 36-5. - Safety belt use; child restraints.#
(a)
Any person transporting a child under the age of seven, less than 54 inches in height and less than 80 pounds in a motor vehicle operated on the roadways, streets, or highways of this state, shall transport the child in any rear seating position of the motor vehicle properly restrained in a child restraint system approved by the United States Department of Transportation under Federal Standard 213. If the child is under seven years old but at least 54 inches in height, or at least 80 pounds the child shall be properly wearing a safety belt and/or shoulder harness approved by the Department of Transportation pursuant to Federal Standard 208 in any rear seating position of the motor vehicle. For the purpose of this section, applying to all parts of this section, the term "rear seating position" means any seating positions located behind the driver and front seat passenger. Under this subsection, a child must be properly restrained in the front seat if:
(1)
The vehicle is not equipped with a back seat; or
(2)
All rear seating positions are being utilized by other children.
(b)
Any operator of a motor vehicle transporting a child who has attained the age of seven years but is under 18 years of age in any seating position within a motor vehicle operated on the roadways, streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208. Any operator of a motor vehicle under 18 years old shall properly wear a safety belt and/or shoulder harness system. This subsection applies only to those motor vehicles required by federal law to have safety belts.
(c)
Any person deemed in violation of subsection (a) of this section shall be issued a citation. If the cited person presents proof of purchase of a federally approved child restraint system under Standard 213 to the police department within seven days of issuance, the department shall void the violation. If the individual fails to present proof of purchase, he or she shall be required to appear for a hearing before the traffic tribunal.
(d)
Any operator of a motor vehicle transporting a person 18 years of age and older in any seating position of a motor vehicle operated on the roadways, streets or highways of this state shall ensure that the person be properly wearing a safety belt and/or shoulder harness system, as defined by Federal Motor Vehicle Safety Standard 208. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
(e)
Any person who is an operator of a motor vehicle shall be properly wearing a safety belt and/or shoulder harness system as defined by Federal Motor Vehicle Safety Standard 208 while the vehicle is in operation on any of the roadways, streets, or highways of this state. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
(f)
The provisions of subsections (b), (d) and (e) of this section shall not apply to a driver or passenger of:
(1)
A passenger motor vehicle manufactured before July 1, 1966;
(2)
A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons. The verification time period shall not exceed 12 months at which time a new verification may be issued;
(3)
A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or
(4)
A passenger motor vehicle operated by a letter carrier of the United States Postal Service while performing the duties of a letter carrier.
(g)
Violations of subsections (d) and (e) of this section shall be considered secondary offenses and no motor vehicle may be stopped by law enforcement agency for failure of an operator or passenger to wear a safety belt system or for any violation of subsections (c) or (d) of this section; provided, that a motor vehicle may be stopped for failure to comply with the child restraint system as described in subsections (a) and (b) of this section.
(Code 1973, § 16-9-22; Code 1994, § 38-101; Ord. of 9-18-2017(1), § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-22-22.
Sec. 36-6. - Opening and closing vehicle doors in streets.#
No person shall open the door of a motor vehicle on the roadways, streets, or highways, available to moving traffic, unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, including pedestrians and bicycles on sidewalks, shoulders, or bicycle lanes. No person shall leave a door open on the side of a vehicle available to moving traffic, including pedestrians and bicycles on sidewalks, shoulders or bicycle lanes, for a period of time longer than necessary to load or unload passengers.
(Code 1973, § 16-9-8; Code 1994, § 38-88; Ord. of 9-18-2017(1), § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-21-14.
Sec. 36-7. - Unattended vehicles; registration plates; dismantled, junked, inoperable, or abandoned vehicles.#
A person owning, possessing, or having care of any vehicle of any description shall not store, or permit such vehicle to remain unoccupied, and out of use, in any roadway, street or highway, or part thereof, or in any parking lot owned and/or leased by the city, for a period in excess of 24 hours, and a person shall not allow any motor vehicle to stand or be parked on any roadway, street or highway unless it has thereon proper registration plates, front and rear.
Whenever it comes to the attention of the police department or the department of code enforcement and zoning that any dismantled, junked, inoperable, or abandoned vehicle is located on any property, public or private, without the consent of the property owner, the police department or the division of code enforcement and zoning, shall post or attach to the vehicle 48 hours prior to towing, a notification of a dismantled, junked, inoperable or abandoned motor vehicle indicating that the vehicle will be towed. If said vehicle is not moved within 48 hours, the police department or the division of code enforcement and zoning shall, through a licensed tow company, have the vehicle towed to the place of business and/or storage of the tow company. At that time, if a structure is located within or upon the premises at which the vehicle was located, a notice shall be left at the structure. If the name and address of the current registered owner has been determined, similar notice shall be sent by regular mail, postage prepaid, to that owner, which shall indicate the location at which the vehicle shall be redeemed.
Whenever it comes to the attention of the police department or the department of code enforcement and zoning that any dismantled, junked, inoperable, or abandoned vehicle exists on private property in the city with the consent of the property owner, a notice in writing shall be served upon the owner of the land where said motor vehicle is located and upon the vehicle's owner or last known owner notifying them of the existence of the violation and requesting its removal within three days. Said notice shall also include a summons to appear in the city municipal court, on a date certain, if the vehicle is not removed within the prescribed time.
Whenever it comes to the attention of the police department or the department of code enforcement and zoning that any dismantled, junked, inoperable, or abandoned vehicle is located on any property, public or private, with or without the consent of the property owner, and said vehicle is leaking fuel or other harmful substance, or creates a substantial hazard which, if allowed to remain, is a detriment to the health, safety, and welfare of the city, the police department of the division of code enforcement and zoning shall immediately tow the motor vehicle in question without prior notification. However, the owner of said vehicle shall be entitled to a full and fair hearing in the city municipal court within 14 days of the date that the owners have been given notice that the vehicle has been towed.
(Code 1973, § 16-3-2; Code 1994, § 38-10; Ord. of 9-18-2017(1), § 1)
Sec. 36-8. - Abandonment of vehicle without removing trunk or locks prohibited.#
It shall be unlawful for any person to abandon, on a premises accessible to children, any vehicle or conveyance which has a snaplock, or lock on a trunk, or rear deck lid, which may not be released or opened from inside such trunk, or rear deck lid, without first removing such locks, trunk, or deck lid from the vehicle. Nothing in this section shall be construed to authorize the discarding or abandonment of any vehicles or motor vehicles on any public roadway, street or highway, or any other place or premises otherwise prohibited by ordinance or law.
(Code 1973, § 16-3-3; Code 1994, § 38-11; Ord. of 9-18-2017(1), § 1)
Sec. 36-9. - Depositing debris on roadway.#
No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon the highway, or likely to deface the beauty or cleanliness of the highway, nor shall any person in removing snow from any driveway, public or private, leave the snow in any condition so as to constitute a hazard on the highway.
(Code 1973, § 16-9-14; Code 1994, § 38-94; Ord. of 9-18-2017(1), § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-22-9.
Sec. 36-10. - Storage license required.#
No person, firm or corporation shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, junked, inoperable, or abandoned vehicle, unless a license for such storage has theretofore been obtained from a proper authority.
(Ord. of 9-18-2017(1), § 1)
Sec. 36-11. - Permission required for storage or keeping.#
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, junked or abandoned vehicle or one legally or physically incapable of being operated, unless permission for such storage has been obtained from the chief of police or the director of the department of code enforcement and zoning.
(Ord. of 9-18-2017(1), § 1)