Chapter 14 - STREETS AND SIDEWALKS

Footnotes:

--- (1) --- Cross reference— Any ordinance dedicating, naming, establishing, locating, opening, paving, widening, repairing or vacating any street, alley or other public way in the city saved from repeal, § 1-12(4); any ordinance establishing or prescribing the street grades in the city saved from repeal, § 1-12(5); any ordinance providing for local improvements and assessing taxes therefor saved from repeal, § 1-12(7); any ordinance creating special districts or assessing taxes therefor saved from repeal, § 1-12(14); buildings and building regulations, ch. 4; building numbering, § 4-2; maintenance of driveways, sidewalks and parking lots for nonresidences, § 4-328; depositing of litter on streets and sidewalks, § 7-52; sweeping of litter into gutters prohibited, § 7-54; canvassers and solicitors, § 8-116 et seq.; hawkers and peddlers, § 8-140 et seq.; itinerant vendors, § 8-171 et seq.; telegraphic and telephonic uses, § 8-471 et seq.; public places, ch. 13; subdivisions, ch. 15; minimum design standards for streets in subdivisions, § 15-89; minimum design standards for alleys in subdivisions, § 15-90; minimum design standards for sidewalks in subdivisions, § 15-94; utilities, ch. 17; vehicles and traffic, ch. 18; zoning, ch. 19.

State Law reference— Improvement and grading by towns, G.L. 1956, § 24-3-1 et seq.; federal aid to towns, G.L. 1956, § 24-4-1 et seq.; maintenance of town highways, G.L. 1956, § 24-5-1 et seq.; abandonment by towns, G.L. 1956, § 24-6-1 et seq.; sidewalks, G.L. 1956, § 24-7-1 et seq.; mapped streets, G.L. 1956, § 45-23.1-1 et seq.; changing streets under redevelopment plan, G.L. 1956, § 45-32-15.

ARTICLE I. - IN GENERAL#

Sec. 14-1. - City council to designate culs-de-sac.#

The city council shall, where public health, safety and welfare so dictate, determine the location of culs-de-sac, and shall place and maintain appropriate signs indicating the location of the culs-de-sac.

(Rev. Ords. 1987, § 14-1)

Sec. 14-2. - Culs-de-sac.#

Those streets and parts of streets described in this section are hereby declared to be culs-de-sac: Martha Road (westerly end).

(Rev. Ords. 1987, § 14-2)

Sec. 14-3. - Depositing certain objects on streets and sidewalks.#

No person shall deposit, place or put or suffer to be deposited, placed or put by any person in his employ any goods, wares, firewood, coal, chattels, merchandise, boulders or stones in place of curbing in any of the streets or sidewalks, except while loading or shipping such items or actually removing such items into or out of some building or enclosure or loading these items into or unloading these items out of some vehicle.

(Rev. Ords. 1987, § 14-3)

Sec. 14-4. - Signs, flags, etc., over sidewalks.#

(a)

No person shall place, cause to be placed or shall suspend or cause to be suspended over any street from any house, shop, store, lot or place any flag, sign or other similar thing so that such flag, sign or other similar thing shall extend or project from the wall or front of the house, store, shop, lot or place more than one foot towards or into the street. However, the city council may permit such sign to project beyond the street line 75 percent of the width of the sidewalk immediately beneath, but in every case the lower edge of the sign shall not be less than ten feet above every part of the sidewalk immediately beneath, provided that every sign permitted under this section and the framework, braces, anchors and other supports thereof shall be constructed of such materials and in such building inspection division.

(b)

Every sign permitted under this section shall be kept in good repair and at all times maintained in a safe condition, provided, that every such permission is granted on the condition that the licensee and every owner of or person maintaining such sign shall be liable for and shall satisfy and save the city harmless and indemnified against any liability on its part on account of any lawful damage to persons or property caused by the construction or maintenance of such sign over the sidewalk or any negligence thereto.

(Rev. Ords. 1987, § 14-4)

Sec. 14-5. - Sign prohibition.#

No sign shall be placed within or upon any street or sidewalk except by permission of the mayor.

(Ch. 75, § I, 6-15-99; Ch. 877, § I, 6-6-23)

Secs. 14-6—14-15. - Reserved.#

ARTICLE II. - STREETS#

Footnotes:

--- (2) --- State Law reference— Streets, G.L. 1956, § 24-1-2 et seq.

Sec. 14-16. - Curbing.#

All the curbing set by or under the authority of the director of public works, unless otherwise ordered by the city council, shall be of good granite, seven inches thick on top and 18 inches deep to be cut on top, eight inches on the face and jointed to line on the back of the top or six inches thick on top and 18 inches deep to be cut on top, eight inches on the face and jointed to line on the back of the top for new subdivisions and other areas as designated by the director of public works.

(Rev. Ords. 1987, § 14-17)

State Law reference— Liability for cost of curbs, G.L. 1956, § 24-3-25 et seq.

Sec. 14-17. - Hoisting, lowering or suspending goods, wares and merchandise over streets.#

(a)

No merchandise shall be hoisted or lowered into or out of any building over any street, unless the building inspection division shall have authorized such hoisting or lowering.

(b)

No person shall place or cause to be placed or suspend or cause to be suspended over any street from any house, shop, store, lot or place any goods, wares or merchandise whatsoever.

(Rev. Ords. 1987, § 14-18)

Sec. 14-18. - Water running onto streets.#

No water upon any land adjoining a paved or graded public street and paved gutters shall be permitted to run from any such land upon a street except spring water, the natural run of which may be upon such street or highway, and rain water.

(Rev. Ords. 1987, § 14-19)

Sec. 14-19. - Openings in streets.#

No person shall make or cause to be made any opening in or under any street for any purpose without first obtaining the permission of the director of public works.

(Rev. Ords. 1987, § 14-20)

Sec. 14-20. - Obstructing or filling gutters, etc.#

No person shall, without the written permission of the director of public works, in any manner fill or obstruct any gutter or other channel on any street provided for the purpose of carrying off surface water.

(Rev. Ords. 1987, § 14-21)

Sec. 14-21. - Playing ball, etc., in streets.#

No person shall play ball, throw any stones or other missiles or slide on any sled, machine or any vehicle whatsoever for amusement in any of the streets, provided that sliding on sleds shall be permitted on such streets as are designated by the chief of police.

(Rev. Ords. 1987, § 14-22)

Sec. 14-22. - Abandonment of street, highway, or public right-of-way.#

(a)

Any petition to abandon a public street, highway, or other public right-of-way shall be submitted to the city clerk on a form provided by the clerk. The following must accompany any such petition:

(1)

The correct fee as provided in subsection (c) of this section.

(2)

A map prepared by a registered professional engineer or surveyor at a scale not to exceed 1″ = 100′, showing the location of the proposed abandonment in relation to surrounding streets and properties, the proper angles and dimensions of the street or right-of-way and of abutting properties, and the location of any public improvements, facilities, utilities, or easements known to exist within the area of the petitioned abandonment.

(3)

The current names and addresses of each abutting property owner, which shall be used for the purpose of giving legal notice of the proposed abandonment.

(4)

A title search prepared by a qualified title examiner that shall provide evidence of the status of the street, highway, or public right-of-way, and of the city's legal right to approve the proposed abandonment without obstacle or hindrance.

(b)

Upon receipt of a petition under this section, the city clerk shall refer the petition to the planning board for a review and recommendation thereon to the city council in accordance with section 2-177. The petition shall be in order for a public hearing upon receipt of the planning board's recommendation, in accordance with the notice provisions of G.L. 1956, § 24-6-2.

(c)

Whenever a petition to abandon a highway in the city is filed with the city clerk, such petitioner is required and shall pay the sum of $250.00 at the time of the filing of such petition to cover the cost of the hearing. If such petition is granted, such granting shall be contingent upon the payment of an additional sum of $50.00 to be paid within 30 days after such granting and prior to abandonment by resolution to cover the further cost of advertising and notices.

(Rev. Ords. 1987, §§ 14-16, 14-23)

Sec. 14-23 - Solid waste containers in roadways.#

(a)

A solid waste container is any container one cubic yard or greater in volume, generally owned by a commercial waste hauling corporation or industry but not limited to such ownership. This article shall not apply to any trash barrel of 100 gallons or less owned by a resident for household solid waste generated in the course of daily living.

(b)

No person shall place or caused to be placed in any street, highway, or public right of way a solid waste container without first obtaining a permit from the building inspector's office. The permit will be issued in the name of the person responsible for the solid waste container and contain a specific site location in the street, highway, or public right of way for the container. Prior to the issuance of the permit for the solid waste container by the building inspector's office, said permit must be approved by the police department and fire department. There shall be a $25.00 permit fee for all solid waste containers placed within the street, highway, or public right of way.

(c)

Said permit will expire 14 days from the date of issuance. A renewal of the permit may be applied for at the building inspector's office for additional successive time periods not exceed 14 days. There shall be no fee for the renewal of a permit.

(d)

All solid waste containers shall have reflective markings not less than six inches wide by three feet long on all corners and additional markings on the front and rear facing ends. Placement of the containers shall not block pedestrian passage without proper safety warnings.

(e)

The solid waste container must be removed within 48 hours when filled to capacity.

(f)

The person to whom the permit is issued shall be responsible for any damage to utilities, roadways, curbing, walkways, or street trees during installation, use and/or removal of the container. The permit holder must post a $1,000.00 bond or a certified check in the amount of $1,000.00 with the building inspector's office for any container placed in the street, highway, or public right of way.

(g)

Any person who violates any provision of this article shall be subject to a $50.00 fine per day.

(Ch. 112, § I, 3-7-00)

Secs. 14-24—14-35. - Reserved.#

ARTICLE III. - SIDEWALKS#

Footnotes:

--- (3) --- State Law reference— Sidewalks generally, G.L. 1956, §§ 24-7-1—24-7-10; power of council to establish and regulate sidewalks, G.L. 1956, § 24-7-1.

Sec. 14-36. - Inspector.#

The director of public works or his designee shall be the sidewalk inspector for the city.

(Rev. Ords. 1987, § 14-36)

Sec. 14-37. - Power and authority of inspector.#

The sidewalk inspector shall have the power and authority to enforce the provisions of section 14-44.

(Rev. Ords. 1987, § 14-37)

Sec. 14-38. - Animals and vehicles.#

No person shall ride, drive, lead any animal, move or trundle any vehicle upon any sidewalk in the city, except light carriages for the conveyance of children, unless for the purpose of necessarily crossing the sidewalk, nor shall any person allow any animal belonging to him or under his care to stand on any sidewalk in the city.

(Rev. Ords. 1987, § 14-38)

Cross reference— Animals, ch. 3; vehicles and traffic, ch. 18.

Sec. 14-39. - Awnings.#

No awning shall be placed or continued over any sidewalk, unless the awning shall be constructed of cloth or canvas and supported by iron rods, and every part of such awning and of the supports thereof shall be at least eight feet above the sidewalk.

(Rev. Ords. 1987, § 14-39)

Sec. 14-40. - Removal of snow and ice.#

(a)

Definitions. For the purpose of this section, the following definitions shall apply:

(1)

Sidewalk means any portion of the sidewalk area which has been made smooth or improved by the application of cement, concrete, asphalt, brick, or other substance or compacted and made smooth.

(2)

Sidewalk area means that portion of the street between the property line and the curbline of the street which is set aside, laid out, or used for pedestrian traffic.

(b)

Removal of snow and ice required. The owner, occupant or any person having the care of any building or lot of land bordering on any street, highway, square or public place within the city where there is a sidewalk shall, within the first 24 hours after any snow has ceased to fall, remove the snow and ice from said sidewalk.

(c)

Depositing snow. Snow and ice removed from a sidewalk, private yard or private driveway shall not be thrown or deposited on any street, sidewalk or any real property of another property owner.

(d)

Penalties. All violations of this section shall be subject to a written warning for a first offense, a fine of $25.00 for a second offense, and a fine of $75.00 for a third and subsequent offenses.

(e)

[City discretion.] The city may at its discretion remove the snow and ice from the sidewalk if the owner, occupant or person refuses to comply with subsection (b). If the city and/or its agents remove the snow and ice, the city may recover the actual costs of such removal.

(Rev. Ords. 1987, §14-40; Ch. 526, § I, 3-1-11; Ch. 542, § I, II, 1-3-12; Ch. 583, § I, 8-20-13)

Sec. 14-41. - Power and authority of inspector and police department.#

The sidewalk inspector and police department shall have the power and authority to enforce the provisions of section 14-40.

(Rev. Ords. 1987, §14-41; Ch. 526, § II, 3-1-11)

Sec. 14-42. - Remaining upon doorstep to annoyance of others.#

No person shall be or remain upon any doorstep of or other projection from any building so as to annoy or disturb any person or to obstruct any passage to the doorstep or the appurtenances thereof. Every person so being or remaining, when ordered by any police officer or the owner or occupant of the building to remove, shall immediately peaceably depart and stay away therefrom.

(Rev. Ords. 1987, § 14-43)

Sec. 14-43. - Duty of owner or occupant to cut grass.#

Whenever a paved or improved sidewalk area, or an unpaved sidewalk or any unpaved part thereof adjoining any building or lot of the land on any street, highway, square, or public place shall be overgrown with grass, weeds, or underbrush, it shall be the duty of the owner, occupant, or any person having the care of such building or lot to cut such grass, weeds, or underbrush to a height not exceeding six inches in order that it may be made safe and convenient for the use of the public. The owner or any other person having the care of such building or lot shall cut such grass, weeds, or underbrush within five days after receiving notice that he is in violation of this section from the chief inspector. (a)

Penalties. Violations of this section shall be subject to a written warning for a first offense, a fine of $25.00 for a second offense, and a fine of $75.00 for a third and subsequent offenses.

(b)

Whenever the owner, occupant or any other person having the care of such building or lot fails to comply with the notice from the chief inspector within five days that he/she is in violation of this section and the chief inspector determines that such grass, weeds, or underbrush adversely effects the safety and convenience for use of the public, the inspector may order the removal of the grass, weeds or underbrush and assess the whole costs incurred for such removal by imposing a lien on the property as provided or authorized by law for the enforcement of common liens on property. Such lien will be recorded to ensure payment of such costs.

(Rev. Ords. 1987, § 14-44; Ch. 592, § I, 11-19-13)

Sec. 14-44. - Maintenance and repair.#

(a)

All owners or agents of owners with property abutting and fronting upon any plaza, street, or alley within the corporate limits of the city are required to keep the public sidewalks including the authorized installations thereon and therein and the curb, and the curb and gutter immediately abutting their property in good order and repair. Each such owner shall be liable to the city for all losses to the city or recoveries from the city for damages to person or property of others caused by his failure or that of his agents to repair and keep in good order and reasonably safe condition all such sidewalks abutting and fronting his property upon any plaza, street, or alley within the corporate limits of the city.

(b)

Upon failure of any owner to maintain the sidewalk, curb or gutter as provided for in subsection (a) of this section, the sidewalk inspector shall serve a notice upon such owner describing the property affected and the improvement for such repairs required and stating the intent of the city to cause such improvements or repairs to be made within 30 days after service of notice in the event that such owner shall fail to do so.

(c)

If, after service of any notice as provided for in subsection (b) of this section the owners of any land affected thereby shall neglect to make the improvements to be made, the sidewalk inspector shall notify the city council and after receiving its approval shall cause improvements to be made and shall report the expenses for those improvements to the council. The council shall thereupon by resolution assess the cost and expense thereof upon the owner or owners of all the property bounding or abutting thereon, and such assessment shall be collected in the same manner as other assessments with a penalty of ten percent and interest for failure to pay at the time fixed by the assessment resolution.

(d)

All contracts for repairs shall be secured and all bids concerning contracts for repairs shall be secured in compliance with the city ordinance.

(Rev. Ords. 1987, § 14-45)

Secs. 14-45—14-49. - Reserved.#

ARTICLE IV. - TREES#

Footnotes:

--- (4) --- Cross reference— Minimum design standards for trees in subdivisions, § 15-97.

Sec. 14-50. - Definitions.#

The following words, terms, and phrases and their derivatives when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with context, words used in the present tense include the future and words in singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Applicant means a person who is applying for a license or permit required by this article.

Approval means written assent from the city tree commission or the city forester pursuant to a duly executed application for approval made on a form promulgated by the city.

City forester means the municipal arborist, city forester, landscape architect, superintendent of parks, division of parks, supervisor of urban forestry operations or other qualified designated official of the city assigned to carry out the enforcement of this article.

Parks means any city public spaces designated for recreation and/or conservation.

Person means any person, firm, partnership, association, corporation, company, or organization of any kind including public utility and city department.

Property line means the boundary between private and city-owned land.

Property owner means the person owning such property as shown by the records of the recorder of deed of the city.

Public hazard means a dead, weakened or diseased tree or one containing signs and/or symptoms of a hazard tree as described by the International Society of Arboriculture and/or Society of Municipal Arborists.

Public place means any other ground owned by the city.

Public trees means all trees now or hereafter growing on any street, park, or any other public place.

Street or highway means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.

Tree means any living, self-supporting woody plant that has a well-defined stem with a caliper of at least 1½ inches (3.81 centimeters) at 4½ inches (1.37 meters) from the ground level.

Tree lawn means that part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.

Tree removal means any act that will cause a tree to die within a three-year period.

Tree well means any opening in the ground area surrounding the base of the tree trunk not covered by a sidewalk and paving. Tree well openings shall have a minimum pit size of 32 inches by 48 inches.

(Rev. Ords. 1987, § 14-50; Ch. 442, § I, 12-18-07)

Cross reference— Definitions generally, § 1-2.

Sec. 14-51. - Purpose.#

The purpose of this article is to protect the health, safety and welfare of the citizens of the city by regulating tree management activities. The protection of this valuable natural resource will serve to enhance the community by aiding in the prevention of air, noise and visual pollution; aiding in the stabilization of soil; enhancing property values; providing glare and heat protection; and enhancing the aesthetics and general quality of life of the citizens of the city.

(Rev. Ords. 1987, § 14-51)

Sec. 14-52. - Tree commission; powers and duties; meetings.#

(a)

Created; composition; appointment. There is created a tree commission, hereinafter referred to as the "commission" which shall consist of five members, including two ex officio positions. The mayor, when appointing members to the East Providence Tree Commission, shall give consideration to those persons interested in the conservation and preservation of trees and the urban forest of East Providence. The commission shall, to the extent practicable, include:

(1)

One licensed arborist;

(2)

One professional landscape architect or landscape gardener;

(3)

Three members shall be lay citizens;

(4)

The city forester and a member of the city council shall both be ex officio.

(b)

Powers and duties. The tree commission shall have the following powers and duties:

(1)

The duties of the tree commission shall be interpreted to include, but not be limited to the protection, maintenance, removal, and planting of trees on public property, and to make such recommendations from time to time to the city council as to desirable legislation concerning the tree program and activities for the city.

(2)

The tree commission shall hear and decide appeals from the standards of this article or an appeal of a decision of the city forester. It may approve, modify, or deny the requested adjustment, based upon protection of public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in the case. The commission shall act upon all appeals as expeditiously as possible and shall notify the applicant in writing within five days of the action taken by the commission on the appeal.

(c)

Regular and special meetings; quorum. Regular meetings of the tree commission shall be held quarterly or as needed. Special meetings shall be held as often as the board shall determine them to be necessary. A quorum for the transaction of business at all regular and special meetings shall be three members with full voting powers.

(Rev. Ords. 1987, §§ 14-52—14-54; Ch. 442, § II, 12-18-07; Ch. 877, § XXI, 6-6-23)

Cross reference— Boards, committees and commissions, § 2-36 et seq.

Sec. 14-53. - City forester—Appointment; qualifications.#

The city forester shall be recommended by the director of parks and recreation, approved and appointed by the mayor. The city forester shall be a person holding at least a bachelor's degree from an accredited college or university in arboriculture or a related field or the equivalent in training or experience.

(Rev. Ords. 1987, § 14-55; Ch. 442, § III, 12-18-07; Ch. 877, § XVII, 6-6-23)

Cross reference— Officers and employees, § 2-207 et seq.

Sec. 14-54. - Same—Duties.#

The city forester shall affirm the rules and regulations of the arboricultural specifications and standards governing the protection, maintenance, removal and planting of trees on the streets, parks, public places and other tree protection zones in the city. The city forester shall plan, direct, regulate and control the protection, maintenance, removal, and planting of all trees growing now or hereafter in the streets, parks, public places and other tree protection zones of the city. The city forester is further charged with keeping informed of environmental and technical changes that could affect the trees of the city. The city forester shall also cooperate and communicate with other public works department personnel, mayor's office, planning department, community development department and all other city, state and federal agencies. Lastly, the city forester shall cause the provisions of this article to be enforced.

(Rev. Ords. 1987, § 14-56; Ch. 877, § I, 6-6-23)

Sec. 14-55. - Same—Authority.#

(a)

The city forester shall have the authority and jurisdiction of public and protected trees to insure public safety, preserving, protecting the value and health of the city's urban forest as a whole.

(b)

The city forester shall consider the existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites and when issuing permits for tree work, removal, or planting.

(c)

The city forester shall have the responsibility of regularly updating a master systemized tree management and planting program.

(d)

The city forester shall have the authority to review all requests for permits for any planting, removal, pruning, and/or trimming or cutting of trees in any public area, with the exception of an historic or protected tree. The city forester shall also have the authority to grant or deny and to attach reasonable conditions to all permits with the exception of those specifically exempted in this article.

(e)

The city forester shall enforce such rules, regulations and permit and penalty procedures as are deemed necessary to enforce the intent of this article.

(f)

The city forester or his agents, under the power given in this article, may cause or order to be removed, trimmed, or treated, any tree or part thereof on private grounds which is in an unsafe condition so that it poses a threat to the public or public property or which by reason of its nature is injurious to sewers or other public improvements or right-of-way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the city's urban forest.

(g)

The city forester or his agents shall have the power to cause or order to be treated, any tree infested by a parasite insect or pest, when it shall be deemed necessary in his opinion to do so to prevent danger therefrom to persons or property, or to trees planted in the public streets or other public places. Due notice shall be given to the property owner prior to any action on the part of the city forester.

(h)

Unless the condition of the tree constitutes an immediate public hazard, he or she shall, at least five days before the removal, post in the immediate vicinity a suitable notice stating his or her intention to remove the tree. If any person, firm or corporation objects to the removal, he or she may appeal it to the tree warden, in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of the hearing to all persons known to be interested and posting a suitable notice in the immediate vicinity. Within five days after the hearing, the tree warden shall render his or her decision granting or denying the appeal (R.I.G.L. § 2-14-8).

Any appeal of a decision of the city forester shall be brought before the tree commission, as articulated in subsection (a) of this section, within five business days of the decision.

(Rev. Ords. 1987, § 14-57; Ch. 442, § IV, 12-18-07)

Sec. 14-56. - Public danger of obstruction; trees pruned, removed, or treated.#

(a)

It shall be unlawful for any person to hinder, prevent, delay or interfere with the city forester or any work being done by an employee of the city, while engaged in the lawful execution of this article. This shall not be construed as an attempt to prohibit the pursuit of any legal or equitable remedy in a court of competent jurisdiction.

(b)

It shall be the duty of the person owning or occupying real property bordering on any public street or thoroughfare, upon which property there may be trees, to prune in such manner that they will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or intersection so as to pose a threat to pedestrian or vehicular safety. The minimum clearance of any overhanging portion thereof shall be eight feet (2.44 meters) over sidewalks, and 12 feet (3.65 meters) over all streets and thoroughfares and/or at the discretion of the city forester.

(Rev. Ords. 1987, § 14-58)

Sec. 14-57. - Protection of trees on public property.#

(a)

During development, redevelopment, razing or renovating, no trees shall be cut, damaged, destroyed or removed except by specified permit. All trees removed, destroyed, or severely damaged shall be replaced at the expense of the permittee. The total caliper of all trees planted in the course of restoration shall in no event be less than the total caliper of all trees removed. Replacement shall be made with 2½-inch to six-inch caliper trees and/or as directed by the city forester. If sufficient tree planting locations are unavailable within the contract area, the replacement trees shall be planted within one-quarter mile of the contract area as determined by the city forester except by special permit of the city forester.

(b)

All trees within 30 feet (9.1 meters) of any excavation or construction of any building, structure, or street work shall be guarded through the length of the project with a good substantial fence, frame, or box not less than four feet (1.2 meters) high and eight feet (2.4 meters) square, or equivalent. All equipment, building materials, chemicals, dirt, or other debris shall be kept outside the barrier at all times.

(c)

No person shall intentionally damage, cut, carve or transplant any tree; attach any rope, wire nails, advertising posters, or other contrivance to any tree; allow any gaseous, liquid, chemical, or solid substance that is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree without first obtaining a written permit from the city forester.

(d)

No person shall deposit, place, store, or maintain any stone, brick, sand, fill dirt, concrete, or other materials that may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except by written permit of the city forester.

(e)

No person shall preclude the percolation of water or nutrients and gaseous exchange vital to a tree's survival by placing any impervious materials (asphalt, macadam concrete) within the confines of the tree well opening.

(Rev. Ords. 1987, § 14-59)

Sec. 14-58. - Planting of trees upon any public street or public place.#

(a)

Any person desiring to plant a tree upon any public street or public place must first obtain a permit from the city forester. Any permit shall be granted to a date certain and shall include consideration of appropriateness of species, location size, and public safety.

(b)

Should the planting be performed by persons other than the city forester or his agents the proposed method and workmanship for planting as prescribed by the city forester shall be adhered to.

(c)

Cities and towns may appropriate resources to be used under the direction of the tree warden in planting shade trees upon land adjoining public right of ways, at a distance not exceeding 20 feet from the public ways, that will function as public trees by improving, protecting, shading or beautifying the right of way; provided, that the written consent of the owner of the adjoining land is first obtained (R.I.G.L. § 45-2-43).

(Rev. Ords. 1987, § 14-60; Ch. 442, § V, 12-18-07)

Sec. 14-59. - Emergencies.#

The requirements of this article may be waived by the mayor in the case of emergencies such as windstorms, ice storms, or other disasters so that they, in no way, shall hinder private or public work to restore order in the city. This work shall follow maintenance standards as outlined by the city forester.

(Rev. Ords. 1987, § 14-61; Ch. 877, § I, 6-6-23)

Sec. 14-60. - Moving large objects.#

No person shall move any building or any other large object that may injure public or protected trees or parts thereof, without first obtaining the written approval of the city forester and abiding by his requirements.

(Rev. Ords. 1987, § 14-62)

Sec. 14-61. - Permits required.#

(a)

Generally. A permit shall be a written document that authorizes the bearer thereof to perform the proposed work as outlined on such permit. The permit shall be issued only by the city forester or his representative.

(b)

Application. A permit shall be obtained by filling out an application. Upon approving the application, the city forester or his representative shall issue the permit.

(c)

Work requiring a permit. A permit shall be required for planting, spraying, pruning, cutting above ground, removing, or otherwise disturbing any tree on any street, park or other public place.

(d)

Issuance. The city forester shall issue any permit provided for in this article if the proposed method and workmanship shall be of a satisfactory nature and the project shall be consistent with this article. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed in the permit and the manner as therein described. Any permit shall be void if its terms are violated.

(e)

Notification of completion. The city forester shall be notified by the bearer of the permit upon satisfactory completion of designated work.

(f)

Plantings. Plantings shall be as follows:

(1)

The application required in this article shall state the number of trees to be set out or planted in public spaces, the location, grade, species, cultivar or variety of each tree, the method of planting, and any such other information as the city forester shall find reasonably necessary to a fair determination of whether a permit should be issued.

(2)

The city forester shall have the right to make the final determination as to location, species, cultivar or variety of each tree and the method of planting before issuing the permit.

(g)

Maintenance. The application required in this article shall state the number and kinds of trees to be sprayed, fertilized, pruned, or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the city forester shall find reasonably necessary to a fair determination of whether a permit should be issued.

(h)

Removal, replanting and replacement. Removal, replanting and replacement shall be as follows:

(1)

Wherever it is necessary to remove a tree in connection with the paving of a sidewalk, or the widening of the portion of the street or highway, the city shall replant the tree or replace it. This requirement will be satisfied if an equivalent number of trees of the same size and species as provided in the arboricultural specifications and standards of practice are planted within one-quarter mile of the original tree location.

(2)

No person shall remove a public tree for the purpose of construction or any other reason, without first filing an application and procuring a permit from the city forester. The city forester may require replacement of a removed tree as a condition to the issuance of a permit. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the city forester. The person or property owner shall bear the cost of removal and replacement of all trees removed.

(Rev. Ords. 1987, § 14-63)

Sec. 14-62. - Registration of tree experts.#

To protect the public, the city shall require any person who removes or maintains trees on public property as a business to be: (1)

Properly licensed to perform such work.

(2)

Certified by the state or any other agency that regulates arboricultural practices.

(3)

Covered by workman's compensation to the extent required by state law and public liability and personal property, insurance in minimum amounts hereinafter mentioned adequate to cover and save harmless the city and its agents from all suits, claims, or actions of every class and nature for or on persons, or property damage caused or claimed to be caused, directly or indirectly by the conduct of the work contemplated, or by acts of strangers, or any conditions due to the elements or any defects or insufficiencies in any method material ways machinery equipment or apparatus used in connection with the work.

(4)

Covered by public liability insurance with limits of not less than $400,000.00 shall be carried.

(Rev. Ords. 1987, § 14-64)

Sec. 14-63. - Interference with city forester.#

No person shall hinder, prevent, delay or interfere with the city forester or any of his assistants while engaged in carrying out the implementation of this article; provided, however, that nothing in this article shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the city.

(Rev. Ords. 1987, § 14-65)

Sec. 14-64. - Appeals.#

(a)

Any adjustment of the standards required by this article or an appeal of a decision of the city forester shall be taken to the tree commission. The tree commission upon receipt of such request on forms provided by the city forester, shall have the authority and duty to consider and act upon the request. This application shall clearly and in detail state what adjustments or requirements are being requested, reasons such adjustments are warranted, and shall be accompanied with such supplementary data as is deemed necessary to substantiate the adjustment.

(b)

The commission shall act on the application as expeditiously as possible and shall notify the applicant in writing within five days of the action taken.

(c)

If the applicant remains dissatisfied with the ruling of the tree commission, the applicant may appeal to the municipal court. Notice of the appeal must be filed within ten business days of his or her receipt of the commission's decision. This notice must be in writing and directed to the city forester and the mayor.

(d)

No tree subject to the provisions of this chapter shall be removed or in any way altered during the pendency of an appeal, unless deemed a public hazard by the city forester pursuant to section 14-55(h).

(Rev. Ords. 1987, § 14-66; Ch. 442, § VI, 12-18-07; Ch. 877, § I, 6-6-23)

Sec. 14-65. - Violation and penalty.#

(a)

First notice of violation. A notice by the city forester shall be issued stating the alleged violations by the property owner, advising the owner that these violations must be corrected. This notice shall:

(1)

Be in writing;

(2)

State the alleged violations applicable to this section;

(3)

Describe the property where the violations are alleged to exist or have been committed;

(4)

Provide a reasonable time, as stipulated by the city forester for the correction of any alleged violation, re-growth of improperly cut or trimmed trees/vegetation or the repurchase and replanting of trees that were destroyed;

(5)

Be served upon the owner, occupant, operator or agent of the property, or by certified or registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent;

(6)

Inform the person to whom it is directed of his/her rights to apply for a hearing before the city forester and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation;

(7)

After expiration of time granted the person served with the notice to seek a hearing, and a hearing was not requested, the notice may be recorded in the office of the recorder of deeds;

(8)

No notice shall be recorded if a hearing has been requested, received, and/or under appeal;

(9)

No notice and lien recorded shall be released until the violation has been abated and the penalty imposed has been paid.

(b)

Reinspection. After the appropriate time period, as stipulated by the city forester in the notice of violation, the property described in the notice of violation shall be reinspected. If upon reinspection the violations alleged are determined to have not been corrected, then a second notice of violation shall be issued.

If the owner of the property fails to purchase and replant the trees/vegetation which were improperly pruned without a permit or were destroyed, they will be assessed all relevant costs incurred by the city to purchase and plant new trees/vegetation whether performed by the parks division of the city or a privately hired contractor. These costs include, but are not limited to, tree costs, delivery costs, tree removal, site clearing and salary/labor.

(Rev. Ords. 1987, § 14-67; Ch. 442, § VII, 12-18-07)

ARTICLE V. - NATIVE PLANTS#

Sec. 14-66. - Purpose.#

The purpose of this article is to establish minimum standards for the use of native plants on city property and to promote plant species diversity in streetscapes, parks, and other city properties. Urban trees and vegetation provide many benefits to residents and the environment. Attractive landscapes improve mental health and enhance property values. A well-designed urban forest will mitigate heat islands, reduce soil erosion and air pollution, provide wildlife habitat, and support pollinating insects. The city recognizes the importance of diverse, native vegetation in its plan for long-term resilience with respect to climate change and other challenges.

(Ch. 843, § I, 6-7-22)

Sec. 14-67. - Intent.#

It is the intent of this article that these minimum landscape requirements promote public health, safety, and welfare by: (1)

Promoting healthy ecosystems within the city through the widespread use of native trees and shrubs in streetscapes, parks, schools, and other city properties;

(2)

Designing streetscapes and other landscapes with genetically diverse, adapted native plant species to decrease the chance of negative impacts from insect pests, plant diseases, climate change and other stressors;

(3)

Promoting wildlife and other living organisms through the increased abundance and distribution of native plants with consideration for creating connections between habitats;

(4)

Acknowledging the critical role of native plant species in supporting pollinators that are essential for agriculture and ecosystem function and helping to reverse the decline in these species;

(5)

Creating larger, more connected plant populations to help ensure cross-pollination, reproduction and the long-term survival of native plant species including rare species; and

(6)

Educating residents on the importance of native plant species and biodiversity in public and private properties.

(Ch. 843, § I, 6-7-22)

Sec. 14-68. - Definitions.#

Invasive plant means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems. For purposes of this article, any plant on the federal USDA Introduced, Invasive, and Noxious Plants list or on any state list east of the Mississippi River is an invasive plant. This includes, but is not limited to, all plants listed by the Rhode Island Invasive Species Council. The city may, at the city's discretion, also refer to lists developed by nonprofit, governmental, or educational organizations or other subject-matter experts, particularly focused on invasive plants in states east of the Mississippi River.

Native plant means a plant that is a part of the balance of nature in a particular region or ecosystem. For the purposes of this article, a native plant or "native species" is a plant with origins east of the Mississippi River per the USDA plant database or the US Environmental Protection Agency Ecoregion Level I, Zone 8, Eastern Temperate Forests. There is a strong preference for species from the US Environmental Protection Agency Ecoregion Level III areas in Rhode Island including (59c) Southern New England Coastal Plains and Hills, (59e) Narragansett/Bristol Lowland, and (59g) Long Island Sound Coastal Lowland.

Non-native plant means a plant introduced with human help (intentionally or accidentally) to a new place or habitat where it was not previously found. For the purposes of this article, a non-native plant is any plant with origins outside the regions in the definition for a native plant species.

Park means a civic space type designed for active and passive recreation, with its character defined by the uses and features provided to meet the needs of different user groups.

Plantings by the city shall include plantings done by third parties on behalf of the city.

Pollinators mean animals (primarily insects, but sometimes avian or mammalian) that fertilize flowers resulting in the formation of seeds and fruits that allow continuation of the plant species or provide a harvest from food crops.

Straight species means a native plant that is not a horticultural cultivar selected or bred for particular traits.

Streetscapes shall include the visual elements of a street including the plants, road, adjoining buildings, street furniture, and open spaces that combine to form the street's character.

(Ch. 843, § I, 6-7-22)

Sec. 14-69. - Applicability.#

The terms and provisions of this article shall be a minimum standard and shall only apply to all new trees and other plants planted by the city, or by a third-party on behalf of the city. Existing trees and other plants shall remain unaffected by this article.

(Ch. 843, § I, 6-7-22)

Sec. 14-70. - Invasive plants forbidden.#

The city shall not include any plant species in city plantings defined as an invasive plant species.

(Ch. 843, § I, 6-7-22)

Sec. 14-71. - Native plants and plant diversity requirements.#

All new plantings by the city on city-owned property must: (1)

New plantings must be designed to contain at least 50 percent native plant species except when the city determines that the situation demands flexibility for memorialization, aesthetic, geographic, survivability, or other substantial reasons.

(2)

New plantings in city parks must have a minimum of 75 percent native plants.

(3)

A minimum of 50 percent of street trees planted by the city each year shall be native species, with a goal of increasing this percentage in subsequent years.

(4)

Diversity in plant species shall be reflected in landscape designs with no one plant species making up more than ten percent of the overall planting design except where the situation demands flexibility for substantial reasons.

(5)

The city shall make a continued effort to include native plants in areas that often contain non-native plants such as community vegetable gardens, flower beds, lawns, athletic fields, holiday displays, or seasonal decorations.

(Ch. 843, § I, 6-7-22)

Sec. 14-72. - Prioritizing straight species.#

For the purposes of this article, the city shall prioritize sourcing native trees and plants that are straight species and the appropriate regional ecotype to the extent possible.

(Ch. 843, § I, 6-7-22)

Sec. 14-73. - Reporting requirement.#

The tree commission will prepare an annual report before December 31 in collaboration with the parks department and other city staff.

(Ch. 843, § I, 6-7-22)

Sec. 14-74. - Conflicting regulations repealed.#

All regulations that are in conflict with this article, in whole or in part, are hereby repealed to the extent that they are in conflict.

(Ch. 843, § I, 6-7-22)

Sec. 14-75. - Effective date.#

This article shall take effect 60 days after it is enacted by the city; provided, however, that this article shall not apply to any plantings carried out pursuant to existing contracts, invitations to bid, or designs completed prior to the effective date of this article.

(Ch. 843, § I, 6-7-22)