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52

ARTICLE I. - IN GENERAL

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Sec. 18-1. - Definitions.#

Whenever any words and phrases used in this chapter are not defined in this chapter but are defined in the state laws regulating the operation of vehicles, any such definition in the state law shall be deemed to apply to such words and phrases used in this chapter. 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:

Authorized emergency vehicles means vehicles of the fire department, police vehicles and such ambulances and emergency vehicles of departments or public service corporations as are designated or authorized by the chief of police of this city.

Bicycle means every device propelled by human power upon which person may ride, having two tandem wheels either of which is more than 20 inches in diameter.

Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

Commercial vehicle means every vehicle designed, maintained or used primarily for the transportation of property.

Controlled access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the controlled access highway except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

Crosswalk means either of the following: (1)

That part of a roadway at an intersection included within the connection of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway.

(2)

Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the active loading or unloading of passengers or materials.

Driver means every person who drives or is in actual physical control of a vehicle.

Fire lane means any area appurtenant to entrances or exits of a building which the traffic engineer and fire chief or his designated representative has established should remain free and clear of parked vehicles for access to such buildings in case of fire or other emergency, which area may include sidewalks, driveways, portions of parking lots and other areas adjacent to or near such building entrances or exits or any fire hydrant.

Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Intersection means either of the following: (1)

The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(2)

Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. If such an intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

Laned roadway means a roadway that is divided into two or more clearly marked lanes for vehicular traffic.

Motor vehicle means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

Official time standard means whenever certain hours are named in this chapter they shall mean standard time or daylight saving time, whichever may be in current use in this city.

Official traffic control devices means all signs, signals, markings and devices not inconsistent with this chapter that are placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

Pedestrian means any person afoot.

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.

Private road or driveway mean every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

Railroad train means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

Residence district means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the "roadway" as used in this chapter shall refer to any such roadway separately but not to all such roadways collectively.

Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

Stand or standing mean the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

Stop, when required, means complete cessation from movement.

Stop or stopping, when prohibited, mean any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

Street or highway mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Through highway means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.

Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel.

Traffic control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(Rev. Ords. 1987, § 18-1 )

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, G.L. 1956, § 31-1-2 et seq.

Sec. 18-2. - Enforcement of this chapter.#

It shall be the duty of the police department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate accidents and to cooperate with other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties imposed upon the department by this chapter.

(Rev. Ords. 1987, § 18-2)

Sec. 18-3. - Police department to investigate accidents.#

It shall be the duty of the police department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

(Rev. Ords. 1987, § 18-3)

State Law reference— Written report to be forwarded to registry, G.L. 1956, § 31-26-9.

Sec. 18-4. - Traffic accident studies.#

Whenever the accidents at any particular location become numerous, the police department shall cooperate with a city traffic engineer designated by the public works director in conducting studies of such accidents and determining remedial measures.

(Rev. Ords. 1987, § 18-4)

Sec. 18-5. - Traffic accident reports.#

The police department shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and information of the city traffic engineer.

(Rev. Ords. 1987, § 18-5)

Sec. 18-6. - Permit required to drive vehicle exceeding certain width; revocation of permit.#

No person shall drive, use or employ in any street or on any public bridge any vehicle of a greater maximum width overall than 102 inches, except in accordance with a permit from the chief of police. The chief of police in his discretion may at any time revoke any permit granted by him pursuant to this section.

(Rev. Ords. 1987, § 18-7)

State Law reference— Similar provisions, G.L. 1956, § 31-25-3.

Sec. 18-7. - Permit required to carry load exceeding ten tons; revocation of permit.#

No person shall carry or cause to be carried on any vehicle in any street or on or over any public bridge a load, the weight of which exceeds ten net tons, except in accordance with a permit from the chief of police. The chief of police in his discretion may at any time revoke any permit granted by him pursuant to this section.

(Rev. Ords. 1987, § 18-8)

State Law reference— Size, weight and load limits, G.L. 1956, §§ 31-25-1—31-25-28.

Sec. 18-8. - Moving vehicle to avoid provisions of this chapter.#

The moving of vehicles from one location to another to avoid the provisions of this chapter shall be deemed a violation thereof.

(Rev. Ords. 1987, § 18-9)

Sec. 18-9. - Violation of chapter—Payment of fine in person or by mail in lieu of appearance before municipal court.#

(a)

Any person charged with a violation of a provision of this chapter or any other ordinance relating to traffic, the jurisdiction and cognizance of which is in the appropriate city municipal court to which jurisdiction and cognizance shall be given, shall be notified in writing by a police officer to appear on a day and hour stated in such notice to answer such charge before the city municipal court.

(b)

Any such person so charged, instead of personally appearing in court on the day and hour stated in the notice to such person, may appear at the municipal court clerk's office within seven days from the date noted as the date of the offense on the abovementioned notice and give to the municipal court clerk a sum of money sufficient to pay the fine designated by ordinance as the fixed penalty for such violation charged.

(c)

Any person so charged, instead of personally appearing in court or paying the fine personally to the clerk of the court, may pay the fine designated by ordinance as the fixed penalty for such violation at any time within seven days of the receipt of such notice of the violation by depositing the notice and a sum of money sufficient to pay the fine designated by ordinance as the fixed penalty for such violation charged in a depository maintained by the United States post office department for the collection of mails, and in such case, the postage cancellation shall be prima facie evidence of the time of deposit. When payment is made by mail as set forth above, such payment may be made by check or by money order made payable to the clerk of the city municipal court.

(d)

Failure to appear before the clerk of the city municipal court or to mail the notice to the clerk of the city municipal court as aforesaid within the seven-day period shall be deemed a waiver of the right to dispose of such charge without personal appearance in court. The payment of the fine to the clerk of the city municipal court in the manner provided in this section shall operate as a final disposition of such charge and such proceedings shall not be deemed criminal.

(e)

Notification of violation shall be by a written notice affixed to the motor vehicle that is the cause of the violation, which notice shall contain a statement including the following:

(1)

The registration number of the motor vehicle which is the cause of the violation;

(2)

The date and time of the violation;

(3)

The specific violation charged;

(4)

The schedule of fines for such violation;

(5)

That payment of such fine may be made in person at the office of the clerk of the city municipal court within seven days of the date of the violations;

(6)

That payment may be made by mail within seven days of the offense to the clerk of the city municipal court;

(7)

That failure to dispose of the violation by payment in person or mail as heretofore set forth operates as a waiver of such privilege;

(8)

The day and time to appear to answer such charge before the city municipal court upon failure to dispose of the violation by payment of the fine;

(9)

After the seventh day following the date of issuance of a parking violation and a summons is mailed by the police department, all parking fines shall automatically increase by $4.00.

(Rev. Ords. 1987, § 18-10)

State Law reference— Authority of city council to provide by ordinance for payment of fines, G.L. 1956, § 12-14-1.

Sec. 18-10. - Penalties for violations.#

Any person who violates or fails to comply with any of the provisions of this chapter or any other ordinances relating to traffic for which a fine is provided in section 18-11, shall be punished as provided in such section. Any other violation of or failure to comply with the provisions of this chapter or other ordinances related to traffic shall be punished as provided in section 1-16.

(Rev. Ords. 1987, § 18-12)

Sec. 18-11. - Traffic fines.#

Fines for violation of the motor vehicle regulations contained in this chapter are hereby fixed as follows: (1)

Defiance of corner law .....$35.00

(2)

Operating motor vehicle in violation of posted restricted street: .....

a.

First violation .....85.00

b.

Second violation .....110.00

c.

Third violation .....150.00

(3)

Parking at bus stop .....35.00

(4)

Parking at crosswalk .....35.00

(5)

Parking in front of driveway .....35.00

(6)

Parking in front of hydrant .....45.00

(7)

Parking in restricted area .....35.00

(8)

Parking too far from curb .....35.00

(9)

Parking with left wheel at curb .....35.00

(10)

Violating time regulation .....35.00

(11)

Parking in fire lane .....35.00

(12)

Parking on sidewalk .....35.00

(13)

For violation of snow emergency ordinance (plus towing and storage charges, if any) .....60.00

(14)

Parking by commercial vehicles in restricted areas .....60.00

(15)

Parking in disabled parking: .....

a.

First violation .....100.00

b.

Second violation .....175.00

c.

Third violation .....325.00

(16)

Parking without valid residential parking permit .....50.00

All of the above traffic fines are subject to a four-dollar increase upon issuance of a summons for such violations. A $20.00 late fee will be applied to the above traffic fines if said fine is not paid within ten days from the date noted as the date of the offense.

(Rev. Ords. 1987, § 18-13; Ch. 269, § I, 8-19-03; Ch. 553, § I, 4-17-12; Ch. 935, § II, 3-4-25)

Secs. 18-12—18-30. - Reserved.#