The text
Footnotes:
--- (1) --- Charter reference— Department of police, § 7-1.
Cross reference— Administration, ch. 2; police and fire alarms, § 8-331 et seq.; private detectives license, § 8-366 et seq.; miscellaneous offenses, ch. 9; firemen's and policemen's pension fund, § 11-231 et seq.; vehicles and traffic, ch. 18.
State Law reference— Municipal police training school, G.L. 1956, §§ 42-28-5—42-28-33; relief of injured and deceased policemen, G.L. 1956, §§ 45-19-1—45-19-4, 45-19-13—45-19-18.
ARTICLE I. - IN GENERAL#
Sec. 12-1. - Carrying pistol or revolver.#
A license shall be issued by the chief of police to carry a pistol or revolver to a suitable person in accordance with the city policy regarding the issuance of a license or permit to carry a concealed pistol or revolver pursuant to R.I.G.L. § 11-47-11.
The fee for such license shall be $40.00 and shall be payable to the city clerk's office upon approval by the city police chief and the permit shall be picked up from the city police department as outlined in said policy.
(Rev. Ords. 1987, § 12-1; Ch. 348, § I, 8-16-05)
State Law reference— Carrying pistols, revolvers, etc., G.L. 1956, §§ 11-47-5—11-47-11.
Sec. 12-2. - Dealers license; license to sell pistols or revolvers.#
(a)
The city clerk may grant licenses subject to the recommendation of the chief of police in a form prescribed by the attorney general's office for a period of one year permitting the licensee to sell pistols and revolvers at retail subject to the requirements of G.L. 1956, §§ 11-47-35 and 11-47-36 and subject to the following:
(1)
The business shall be carried on only in the building designated in the license.
(2)
The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.
(3)
No pistol or revolver shall be sold in violation of any provision of this chapter, any provision of state statutes nor shall a pistol or revolver be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity.
(b)
The fee for issuing such license shall be $5.00.
(Rev. Ords. 1987, § 12-2)
Cross reference— Licenses and business regulations, ch. 8.
Secs. 12-3—12-15. - Reserved.#
ARTICLE II. - POLICE DEPARTMENT#
Footnotes:
--- (2) --- Charter reference— Department of police, § 7-1; powers and duties of the police department, § 7-3.
Cross reference— Officers and employees, § 2-207 et seq.
State Law reference— Municipal police training school, G.L. 1956, §§ 42-28-5—42-28-33; relief of injured and deceased policemen, G.L. 1956, §§ 45-19-1—45-19-4 and 45-19-13—45-19-18.
Sec. 12-16. - Composition.#
The permanent police force of the city shall consist of a chief of police and all such officers and police officers as may be appointed pursuant to section 7-1 of the Charter.
(Rev. Ords. 1987, § 12-16)
Sec. 12-17. - Duties generally.#
The permanent police force of the city shall devote its entire time to the preservation of peace and order of the city and shall discharge such other duties either by day or night as by special orders it may be required to perform.
(Rev. Ords. 1987, § 12-17)
Sec. 12-18. - Qualifications for appointment.#
The following qualifications shall be necessary to secure an appointment as a member of the department of police: (1)
The applicant must not be under 21 years of age at the time of the application deadline.
(2)
The applicant must be of sound health and vigor as determined by a physical exam by the police surgeon, and by a physical fitness or agility examination given by the state municipal police academy. The applicant must have good eyesight and hearing, and if there is a question as to any defect found, the applicant at his own expense may go to a specialist designated by the police surgeon, who shall give a certificate as to the nature of the defect and its prognosis, and who shall certify as to whether the defect will disqualify the applicant from performing police duty. The applicant must have good flexibility and strength in his back and it must be without predispositions to constitutional injury, as determined by examination by a specialist in physical therapy.
(3)
The applicant shall never have been convicted of a crime.
(4)
The applicant must be of unquestionable energy and courage, of temperate and industrious habits, of peaceable and courteous manners, decorous and clean in his person and dress, respectful to his superiors, prompt and decisive in action and disposed to be zealous in the service.
(5)
The applicant must be suited to police work, as determined by psychological examination given by a psychological test center in accordance with state law.
(6)
The applicant must have an education at least equal to a high school diploma or GED.
(7)
The applicant must be able to speak, read and write the English language.
(8)
The applicant must be drug free as determined by testing performed by a duly licensed laboratory in accordance with state law.
(9)
The applicant must have a valid drivers license.
(Rev. Ords. 1987, § 12-18; Ch. 74, §§ I, II, 6-1-99; Ch. 646, § I, 4-5-16; Ch. 808, § I, 7-20-21)
Charter reference— Appointments to police department, § 7-1.
State Law reference— Appointment of veterans to police forces, G.L. 1956, § 30-21-12.
Sec. 12-19. - Employment; eligibility.#
Applicants for appointment to the permanent police force shall follow examination procedures as established from time to time by the director of personnel and/or ordinance, including the passing of required examinations and placement on an eligibility list. An eligible entry level applicant shall first be appointed as a police trainee in accordance with section 11-66, and he must successfully graduate from the state municipal police academy prior to being appointed as a probationary police officer.
(Rev. Ords. 1987, § 12-19; Ch. 646, § II, 4-5-16)
Sec. 12-20. - Rejection or appointment of applicant following probationary period.#
Upon successful completion of the one-year probationary period, the applicant shall be eligible for appointment to permanent status by the appointing authority.
(Rev. Ords. 1987, § 12-20)
Sec. 12-21. - Oath.#
Before entering upon the discharge of his duty as a member of the police department, every appointee to the permanent police force shall take the following oath:
"You ________ do solemnly swear that you will be true and faithful unto the state and support the laws and Constitution thereof, and the Constitution of the United States, and that you will well and truly execute the office of ________ in the police department of the City of East Providence for the ensuing year or until you be legally discharged therefrom, so help you God."
(Rev. Ords. 1987, § 12-21)
Sec. 12-22. - Powers and duties of chief of police.#
(a)
The chief of police, subject to the orders, rules and regulations of the mayor, shall be the chief executive officer of the police department. As such, he shall have precedence and entire control of the department, its officers and members when engaged in the service of the city, provided that all of the officers and members of the police force shall be subject to the orders of the mayor.
(b)
The chief of police shall devote his whole time to the discharge of the duties of his office. The chief of police shall see that all laws of the state and of the city are duly observed and enforced. The chief of police shall promptly execute all orders and shall observe all rules and regulations prescribed by the mayor or city council, insofar as they pertain to the police department.
(c)
In the absence of the chief of police, the officer next in command of the department shall assume the duties of the chief of police, and if the officer next in command to the chief of police shall be absent, the officer immediately next in line or such other superior officer as the mayor may designate shall assume such responsibilities.
(Rev. Ords. 1987, § 12-22; Ch. 877, § I, 6-6-23)
State Law reference— Annual police report of crimes, G.L. 1956, § 42-9-13; duty to furnish fingerprints and stolen property lists, G.L. 1956, § 12-1-10.
Sec. 12-23. - Authority of police chief to detail police officers, special officers and police constables.#
The chief of police is authorized to detail police personnel, police officers or special officers and to require payment of an hourly amount by the following persons or entities, which hourly amount shall be the amount determined as due in accordance with the contract between the International Brotherhood of Police Officers, Local No. 569, and the city, and which amount shall be due and payable upon receipt of the money from the contractor involved, whenever construction of, maintenance of, improvement of, or installation of any utility on a state highway within the city shall cause, in the opinion of the chief of police, disruption of the normal flow of traffic and create a hazard to motorists. The chief may, if he determines police personnel are necessary to regulate the traffic, after notifying the contractor involved, detail the number of police personnel that the chief deems necessary to ensure the safety of motorists and the safety of the employees working upon the highway and the contractor shall be responsible for the cost of the detail. The city shall not be responsible for the cost of the detail where the state refuses to pay for the service.
(Rev. Ords. 1987, § 12-23)
Sec. 12-24. - Duties of deputy chief.#
In the absence of the chief of police, the deputy chief shall have and exercise all the powers and duties conferred by the rules set out in this article upon the chief. At other times, he shall perform such duties as may be assigned to him by the mayor or chief of police.
(Rev. Ords. 1987, § 12-24; Ch. 877, § I, 6-6-23)
Sec. 12-25. - Compensation of officers and members; disposition of fees, fines and penalties.#
The officers and members of the police force shall receive such compensation, payable biweekly, or as the city council may from time to time determine, provided that when a police officer performs services for others at any time or place during regular duty hours, all compensation or emoluments received for such services shall be paid to the city treasurer. If a police officer performs such services in his official capacity outside of his regular duty hours, all compensation or emoluments received for such services shall also be paid to the city treasurer, provided that any police officer performing such services shall be credited with and entitled to receive such compensation or emolument with his regular pay. All witness fees received by members of the police department shall be paid to the city treasurer.
(Rev. Ords. 1987, § 12-25)
Secs. 12-26—12-40. - Reserved.#
Editor's note— Ch. 388, § I, adopted May 16, 2006, repealed section 12-26 in its entirety. Former section 12-26 pertained to the animal shelter and was derived from Ch. 48, § I, adopted Jan. 5, 1999.
ARTICLE III. - POLICE CONSTABLES AND SPECIAL CONSTABLES#
Footnotes:
--- (3) --- State Law reference— Election of police constables by city council, G.L. 1956, § 45-16-7; selection of special constables, G.L. 1956, § 45-16-8.
Sec. 12-41. - Under control of chief of police.#
All police constables, in addition to those officers or police officers of the permanent police force of the city, and all special constables without power to serve civil process when employed in the service of the city in the execution of the laws of the state and city and the orders of the city council shall, except as may be otherwise provided by the statutes of the state, be subject to and under the control and direction of the chief of police to the extent and within the limitations governing the permanent police force provided in sections 12-16 through 12-25.
(Rev. Ords. 1987, § 12-41)
Sec. 12-42. - Attendance at entertainments or resorts; application and fees generally.#
All persons who desire the attendance and services of the police at places of public entertainment and resort shall, except as may be otherwise provided by the statutes of the state, make application therefor to the chief of police. With every such application the applicant shall pay to the chief of police a sum of money sufficient in amount to pay the men for whom application has been made at the rate of compensation fixed and determined by the city council for the entire period for which such service may be required. However, when such services are required for a period longer than two weeks, the advance payments therefor may be made on the first and 15th secular days of each month during the continuance of such services.
(Rev. Ords. 1987, § 12-42)
State Law reference— Attendance of special constables at schools or meetings, G.L. 1956, § 45-16-9.
Sec. 12-43. - Appointment; payment for attendance when application is not made.#
Upon receipt by the chief of police of the application and money specified in section 12-42, the mayor shall designate and appoint from the police and special constables, who are not members of the permanent police force of the city, the required number of men for such service who shall report to the chief of police for duty. However, this section shall not prevent, when necessary or desirable, the assignment of members of the permanent police force for attendance upon and service at any place of public entertainment or resort, provided that the mayor shall designate and appoint for service at any public entertainment or resort as many police constables or members of the permanent police force as shall be deemed proper, whether or not application for such service shall be made and notwithstanding the number for which application shall be made. Such police constables shall report to the chief of police for duty, and the services of such police constables or members of the permanent force shall be paid for by the persons by whom such public entertainments or resorts shall be conducted at the rate of compensation determined by the city council. A deposit for such services shall be made with the chief of police in the same manner as provided in cases where application shall be made for police attendance and services at such public entertainments or resorts pursuant to section 12-42.
(Rev. Ords. 1987, § 12-43; Ch. 877, § I, 6-6-23)
Sec. 12-44. - Disposition of fees; compensation of officers.#
The chief of police shall deposit with the city treasurer all monies collected from applicants pursuant to sections 12-42 and 12-43 to cover the advance payments for the services to be performed by such police and special constables as specified in this article. Out of such deposits the city treasurer shall pay such police and special constables assigned for service, under provisions of sections 12-42 and 12-43, the several sums due them for the services performed by them, and such payments shall be made at the rates fixed and determined by the city council and at the same time and in the same manner as payments are made to the members of the permanent police force of the city.
(Rev. Ords. 1987, § 12-44)
ARTICLE IV. - TRAFFIC CONTROL PERSONNEL AND SCHOOL CROSSING GUARDS#
Sec. 12-45. - Purpose.#
In order to provide for the hiring of traffic control personnel within the City of East Providence, the city adopts the following ordinance to govern the selection, appointment, retention and training of traffic control personnel.
(Ch. 768, § I, 6-2-20)
Sec. 12-46. - Definitions.#
Traffic control personnel. There shall be three classifications of traffic control personnel as follows: (1)
Retired police officer means any retiree of the East Providence Police Department who retired on a normal, non-disability pension pursuant to article V of the city's personnel ordinance.
(2)
School crossing guard means a person who is authorized and assigned to direct traffic at various school crossings within the City of East Providence on a part-time basis.
(3)
Traffic control officer means a person hired by a public or private person, corporation, or utility company for the purpose of directing traffic at construction or worksite detail with the City of East Providence on a part-time basis.
(Ch. 768, § I, 6-2-20)
Sec. 12-47. - Application and appointment.#
All traffic control personnel shall apply to the human resources department and shall go through a selection process consistent with the city's personnel ordinance.
(Ch. 768, § I, 6-2-20)
Sec. 12-48. - Classification.#
All persons serving as traffic control personnel shall be considered a seasonal, unclassified employee as set forth in section 11-1 of the city's personnel ordinance.
(Ch. 768, § I, 6-2-20)
Sec. 12-49. - Qualifications.#
All individuals seeking to serve as traffic control personnel must possess the following minimum qualifications: (1)
Attain the age of 18;
(2)
Possess a high school diploma or equivalent;
(3)
Must complete training in safe traffic control practices and public contact techniques, be thoroughly familiar with the latest flag person requirements and guidelines included in the most recent edition and revisions to the Manual on Uniform Traffic Control Devices, and must possess a certificate of satisfactory completion from a training course approved by the department of transportation.
(4)
Must complete, on an annual basis, any in-service training program as required, organized or authorized by the East Providence Police Department.
(5)
Successfully pass a background check.
(6)
Must never have been convicted of a felony crime, or a misdemeanor, unless the misdemeanor conviction is more than three years from the date of appointment;
(7)
Successfully pass a physical exam, back screen, and drug screen test.
(8)
Must remain drug free and be subject to a random drug screen test.
(Ch. 768, § I, 6-2-20)
Sec. 12-50. - Assignment/selection.#
In all practicable instances all traffic control detail assignments will be offered to be filled in the following manner and order: (1)
All assignments are first offered to active members of the East Providence Police Department;
(2)
If a traffic control assignment has not been filled by an active member of the East Providence Police, it shall be offered to a retired member of East Providence Police Department;
(3)
If a traffic control assignment has not been filled by an active or retired member of the East Providence Police, it shall be offered to a traffic control officer.
(4)
If a traffic control assignment has not been filled by an active or retired member of the East Providence Police Department or a traffic control officer, it shall be offered to a school crossing guard.
(Ch. 768, § I, 6-2-20)
Sec. 12-51. - Powers of arrest/firearm.#
No member of traffic control personnel shall have the power of arrest, nor shall they carry a firearm while on duty. This provision does not apply to graduates of the Rhode Island Municipal Police Training Academy, the Rhode Island State Police Academy, or the Providence Police Academy who have received and maintained certification from the Rhode Island Police Officers Commission of Standards and Training (POST) and who have been sworn in as non-permanent, non-full time member of a police department in the State of Rhode Island pursuant to G.L. 12-7-21.
(Ch. 768, § I, 6-2-20)
Sec. 12-52. - Uniforms.#
The chief of police shall promulgate regulations which shall set forth the mandatory uniform of the traffic control officers and school crossing guards. The cost of said uniform shall be paid by the applicant.
(Ch. 768, § I, 6-2-20)
Sec. 12-53. - Previous appointees.#
Any person previously appointed as a traffic control officer or school crossing guard shall continue in said position as long as the individual meets the minimum qualifications as set forth in section 12-49.
(Ch. 768, § I, 6-2-20)