Chapter 1 - GENERAL PROVISIONS

Sec. 1-1. - How Revision designated and cited.#

The ordinances embraced in the following chapters and sections shall constitute and be designated "Revised Ordinances of the City of East Providence, Rhode Island," and may be so cited.

(Rev. Ords. 1987, § 1-1)

Charter reference— The revision or codification of city ordinances, § 13-16.

State Law reference— Ordinances to be printed and published in manner directed by city council, G.L. 1956, § 45-6-7.

Sec. 1-2. - Rules of construction and definitions.#

In the construction of this Revision and of all ordinances hereafter enacted, the following interpretations shall be placed on the words and phrases mentioned in this section, unless such construction or interpretation would be manifestly inconsistent with the evident intent of the city council or repugnant to the context or to the evident purport of any ordinance:

Charter. The word Charter shall mean the Charter of the City of East Providence, Rhode Island, printed as Part I of this volume.

City. The word "city" shall be construed to mean the City of East Providence.

Code. Whenever the words "Code" or "this Code" are used they shall mean and refer to "Revised Ordinances of the City of East Providence" as designated in section 1-1.

Computation of time. The time in which an act is to be done shall be computed by excluding the first and including the last day, except that, when the last day falls on a Sunday or a legal holiday, the act may be done on the next succeeding day which is not a Sunday or a legal holiday. When a public office in which an act is to be performed is closed to the public for the entire day which constitutes the last day for doing such act, or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Sunday or legal holiday. State Law reference— Similar provisions, G.L. 1956, § 43-3-13.

Council. The words "city council" or "council" shall mean the city council of East Providence.

County. The word "county" shall mean Providence County, Rhode Island.

Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the city to do some act or to make certain inspections, it is to be construed to authorize the head of the department or other officer of the town, as the case may be, to designate, delegate and authorize subordinates to perform the required act or to make the required inspection, unless the terms of the provision designate otherwise.

G.L. 1956. The term "G.L. 1956" shall mean the latest edition or reenactment of the General Laws of Rhode Island, Reenactment of 1956.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. State Law reference— Similar provisions, G.L. 1956, § 43-3-3.

In the city. The words "in the city" or "within the city" shall mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Interpretation. In the interpretation and application of any provision of this Revision, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Revision imposes greater restrictions upon the subject matter than the general provisions imposed by the Revision, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. State Law reference— Similar provisions, G.L. 1956, § 43-3-5.

Keeper, proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

Land. The words "land" and "real estate" shall include rights and easements of incorporeal nature.

Month. The word "month" shall mean a calendar month. State Law reference— Similar provisions, G.L. 1956, § 43-3-12.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person or thing, and a word importing the plural number may be applied to one person or thing. State Law reference— Similar provisions, G.L. 1956, § 43-3-4.

Oath. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples against taking an oath. An affirmation has the same effect as an oath. State Law reference— Similar provisions, G.L. 1956, § 43-3-11.

Officer, employee, department, board, commission, agency. Whenever reference is made to a particular officer, department, board, commission or agency, such reference shall be construed as if followed by the words "of the City of East Providence, Rhode Island."

Or, and. The word "and" may be read as "or," and the word "or" may be read as "and," if the sense requires it.

Owner. The word "owner" applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land.

Person. The word "person" shall extend and be applied to associations, societies, clubs, firms, partnerships and bodies politic and corporate as well as to individuals. State Law reference— Similar provisions, G.L. 1956, § 43-3-6.

Personal property. The term "personal property" includes every species of property except real property, as defined in this section.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. State Law reference— Similar provisions, G.L. 1956, § 43-3-16.

Property. The word "property" includes real, personal and mixed estates and interests.

Public place. The term "public place" shall include any park, cemetery, school yard or open space adjacent thereto and any lake or stream.

Real property. The term "real property" shall include lands, tenements and hereditaments. State Law reference— Similar provisions, G.L. 1956, § 43-3-10.

Revision. The word "Revision" shall mean the Revised Ordinances of the City of East Providence, Rhode Island as designated in section 1-1, and also referred to herein as this Code.

Sidewalk. The word "sidewalk" shall mean that part of the street exclusively reserved for pedestrians and constructed for such purpose.

Signature or subscription. The words "signature or subscription" includes a mark when the person cannot write.

State. The word "state" shall be construed to mean the State of Rhode Island.

State law reference. Whenever reference is made to Public Laws or P.L., this shall mean the Public Laws of Rhode Island.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.

Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written, in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

(Rev. Ords. 1987, § 1-2)

State Law reference— State law as to construction and effect of statutes, G.L. 1956, § 43-3-1 et seq.

Sec. 1-3. - Catchlines of sections.#

The catchlines of the several sections of this Revision printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor unless expressly so provided shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Rev. Ords. 1987, § 1-3)

Sec. 1-4. - History notes.#

The history notes appearing in parentheses after sections of this Revision are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

(Rev. Ords. 1987, § 1-4)

Sec. 1-5. - References.#

The editor's notes and state law references appearing in this Revision are merely information to assist the user of this Revision and are of no legal effect.

(Rev. Ords. 1987, § 1-5)

Sec. 1-6. - Revision does not affect prior offenses, rights, etc.#

Nothing in this Revision or the ordinance adopting this Revision shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this Revision.

(Rev. Ords. 1987, § 1-6)

Sec. 1-7. - Additions and amendments deemed incorporated.#

Any and all additions and amendments to this Revision, when passed in such form as to indicate the intention of the city to make the same a part hereof, shall be deemed to be incorporated herein, so that reference to the Revision shall be understood and intended to include such additions and amendments.

(Rev. Ords. 1987, § 1-7)

Sec. 1-8. - Effect of repeal of ordinance.#

(a)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

(b)

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

(Rev. Ords. 1987, § 1-8)

State Law reference— Similar provisions, G.L. 1956, §§ 43-3-22—43-3-24.

Sec. 1-9. - Provisions considered as continuations of existing ordinances.#

The provisions appearing in this Revision, so far as they are the same as those ordinances existing at the time of the effective date of this Revision, shall be considered as continuations thereof and not as new enactments.

(Rev. Ords. 1987, § 1-9)

Sec. 1-10. - Method of numbering ordinances.#

The city clerk shall number all ordinances as chapters consecutively in the order of their passage from the number of the last chapter of the city ordinances.

(Rev. Ords. 1987, § 1-10)

Charter reference— Procedure of council with regard to ordinances generally, § 2-22.

Sec. 1-11. - How amending ordinances to be designated.#

All ordinances in amendment of or in addition to any chapter of the city ordinances shall contain in the title thereof a reference to the number and name of the chapter to which the same is in amendment or addition, and all ordinances in amendment of this Revision shall refer to the section number of the section amended.

(Rev. Ords. 1987, § 1-11)

Sec. 1-12. - Certain ordinances not affected by Revision.#

Nothing in this Revision or the ordinance adopting this Revision shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Revision. (1)

Any ordinance promising or guaranteeing the payment of money by the city, or authorizing the issuance of any bonds of the city, or any evidence of the city's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the city or creating interest and sinking funds;

(2)

Any franchise, permit or other right granted by any ordinance;

(3)

Any personnel regulations; any ordinance establishing classification and pay schedules and salaries of city officers and employees or civil service rules;

(4)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the city;

(5)

Any ordinance establishing and prescribing the street grades in the city;

(6)

Any appropriation ordinance or any ordinance levying or imposing taxes;

(7)

Any ordinance providing for local improvements and assessing taxes therefor;

(8)

Any ordinance dedicating or accepting any plat or subdivision in the city;

(9)

Any ordinance establishing the official plat of the city;

(10)

Any zoning map amendment or rezoning ordinance;

(11)

Any ordinance annexing territory or excluding territory from the city;

(12)

Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with such Revision;

(13)

Any ordinance calling an election;

(14)

Any ordinance creating special districts or assessing taxes therefor;

(15)

Any ordinance granting specific tax exemptions;

(16)

Any temporary or special ordinance;

(17)

Any administrative ordinance.

And all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein and are on file in the office of the city clerk.

(Rev. Ords. 1987, § 1-12)

Sec. 1-13. - Amendments to Revision.#

(a)

All ordinances passed subsequent to this Revision, which amend, repeal or in any way affect this Revision, may be numbered in accordance with the numbering system of this Revision and printed for inclusion herein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Revision by omission thereof from reprinted pages affected thereby, and the subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Revision and subsequent ordinances numbered or omitted are readopted as a new Revision by the city council.

(b)

Amendments to any of the provisions of this Revision should be made by amending such provisions by specific reference to the section of the Revision in substantially the following language: "That section ________ of the Revised Ordinances of the City of East Providence, Rhode Island, is hereby amended to read as follows:________(Set out new provisions in full)________."

(c)

If a new section not heretofore existing in the Revision is to be added, the following language may be used: "That the Revised Ordinances of the City of East Providence, Rhode Island, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered ________ which reads as follows: ________(Set out new provisions in full)________."

(d)

All sections, articles, chapters or other provisions of this Revision desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.

(Rev. Ords. 1987, § 1-13)

Sec. 1-14. - Supplementation of Revision.#

(a)

By contract or by city personnel, supplements to this Revision shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Revision shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Revision. The pages of a supplement shall be so numbered that they will fit properly into the Revision and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Revision will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In the preparation of a supplement to this Revision, all portions of the Revision which have been repealed shall be excluded from the Revision by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Revision, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Revision. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Revision printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Revision and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ________ to ________" (inserting section numbers to indicate the sections of the Revision which embody the substantive sections of the ordinance incorporated into the Revision); and

(5)

Make other nonsubstantive changes necessary changes necessary to preserve the original meaning of ordinance sections inserted into the Revision, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Revision.

(Rev. Ords. 1987, § 1-14)

Sec. 1-15. - Severability of parts of Revision.#

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Revision are severable, and if any phrase, clause, sentence, paragraph or section of this Revision shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Revision, since the same would have been enacted by the city council without incorporation in this Revision of any such unconstitutional phrase, clause, sentence, paragraph or section.

(Rev. Ords. 1987, § 1-15)

Sec. 1-16. - General penalty; continuing violations.#

(a)

Whenever in this Revision or in any ordinance or resolution of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Revision, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefor either in this Revision or in state law, the violation of any such provision of this Revision or any such ordinance or resolution shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 30 days in jail or a house of correction, and/or require restitution in cases involving property damage or personal injury in an amount up to $2,500.00 and/or for voluntary community service for a city agency for not more than ten days for any one offense, unless other penalties therefor, or penalties within other limits, are specially prescribed by statute, to be prosecuted by some officer appointed for that purpose, and to be recovered to the use of the city or of such person or persons, and in such proportions, as they in their said ordinances and regulations shall designate. Each day any violation of this Revision or of any such ordinance or resolution shall continue shall constitute a separate offense.

(b)

In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Revision or any such ordinance or resolution shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

(Rev. Ords. 1987, § 1-16)

Charter reference— Penalties for violation of ordinances, § 13-19.

State Law reference— Similar provisions, G.L. 1956, § 45-6-2.

Sec. 1-17. - Canvassing authority fees.#

The fees for voter information are hereby fixed as follows except as otherwise provided for in R.I.G.L. § 17-19.1-21: Voting lists (hard copy): City fee .....$100.00

Ward fee .....60.00

Representative district fee .....60.00

Senate district fee .....60.00

Voting lists (3½ disk) .....50.00

City of East Providence map .....10.00

(Ch. 271, § I, 8-19-03)

Sec. 1-18. - Senior center fees.#

The fees for membership to the senior center are hereby fixed as follows: City resident fee (per year) .....$10.00

Non-resident fee (per year) .....15.00

Daily meal .....2.50

(Ch. 271, § I, 8-19-03)

Sec. 1-19. - Collective bargaining agreement fiscal impact.#

Prior to council or school committee approval or acceptance of any collective bargaining agreement, the finance director shall provide to the city council and school committee a fiscal impact analysis of any amendments or changes to the collective bargaining agreement that have economic consequences, specifying the following: (1)

The cost in dollars of each amendment or change for each year the contract is in effect.

(2)

The impact on the tax rate for each year the contract is in effect.

(Ch. 342, § I, 5-3-05)