Chapter 9 - MISCELLANEOUS OFFENSES
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (1) --- Cross reference— Police, ch. 12.
State Law reference— Offenses punishable by state law shall not be imposed by ordinance, G.L. 1956, § 45-6-6; criminal offenses, G.L. 1956, Title 11; abandonment of certain appliances, G.L. 1956, § 11-9-10; false alarms, G.L. 1956, § 11-44-21; parks and recreation, penalty, G.L. 1956, § 32-3-1.
Sec. 9-1. - Alcoholic beverage; consumption or possession by underage persons; consumption on streets, public areas.#
(a)
It shall be unlawful for any person who has not attained the age of 21 years to consume or have in his possession alcoholic beverages of any kind on public highways or public places within the city. Whoever violates the provisions of this section shall be fined in an amount not exceeding $20.00.
(b)
No person shall drink any beer, wine, or any other intoxicating beverage in any motor vehicle, on any playground, city street, in any municipal parking areas, municipal buildings and recreational areas, provided that if the city council grants a class F or F-1 liquor license for the sale of intoxicating beverages in any of the aforementioned areas, excluding motor vehicle, then this section shall not apply.
(c)
Subsection (b) of this section shall not be deemed to make punishable an act which is prohibited by any statute of the state.
(d)
The operator of any restaurant that serves any beer, wine, or other intoxicating beverage for consumption in any area operated for restaurant purposes on any street, sidewalk, or pedestrian mall shall post and maintain signs in or adjacent to the area operated for restaurant purposes reasonably calculated to give notice of the limits of the area in which consumption may occur. The number, content, physical features, and locations of such signs shall be only as approved by the chief of police.
(Rev. Ords. 1987, §§ 9-1, 9-2)
Cross reference— Alcoholic beverage license regulations, § 8-46 et seq.
Sec. 9-1.1. - Penalty for violations relating to sale of alcoholic beverages to underage persons.#
Any license holder who sells or allows the sale of or suffers to be sold or delivered any beverage which contains alcohol to a person who has not reached his or her 21st birthday, either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her 21st birthday to drink said alcoholic beverages within the City of East Providence shall be subject to the following penalties: (a)
First offense: A minimum fine of $250.00 per count.
(b)
Second offense: A minimum fine of $500.00 per count and a minimum of a one-day closure.
(c)
Third offense: A fine of $1,000.00 per count and a minimum of a three-day closure.
(d)
Fourth and any subsequent offense: A fine of $1,000.00 per count, a minimum of a seven-day closure, and a revocation of the alcohol license for a minimum of six months.
In the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as a first offense.
(Ch. 204, § I, 5-7-02; Ch. 544, § I, 2-7-12; Ch. 605, § I, 6-3-14)
Sec. 9-1.2. - Responsible beverage service training.#
(a)
Every East Providence alcohol license holder shall ensure that:
(1)
At the time of issuance or renewal of all Class A, B, C and D alcohol licenses, or whenever there is a change of a license from one holder to another, the alcohol license holder, anyone serving in a supervisory capacity, employees involved with the sale or service of alcohol, individuals required to check IDs and valet staff shall have been certified in an alcohol server training program that has been approved by the department of behavioral healthcare, developmental disabilities and hospitals within 60 days of being hired. In the case of Class A licenses, only the alcohol license holder, anyone serving in a supervisory capacity and cashiers are required to be trained.
(2)
Licensees shall require employees described in subsection (a)(1) hereof to be recertified every three years.
(3)
As a condition of an alcohol license renewal, each alcohol license holder must submit to the city clerk, information verifying that all persons described in subsection (a)(1) hereof and employed by the alcohol license holder for more than 60 days have completed a state certified alcohol server training program as defined herein within the last three years. In the event that an establishment has a staff turnover of more than five employees who sell or serve alcohol as described in subsection (a)(1), this information will need to be resubmitted. Failure of the alcohol license holder to comply with this section may result in a suspension or non-issuance of a license until proof of certification is provided.
(4)
All persons who have completed a state certified alcohol server training as required must have their valid server permits on the premises when engaged in the sale or service of alcoholic beverages. Failure to have a valid server permit on the premises will not constitute a violation, as long as proof of a valid permit is provided within ten days.
(b)
Any alcohol license holder who violates or fails to comply with any provision of the responsible beverage service training ordinance shall be subjected to the following graduated penalties in accordance with state law by the East Providence City Council sitting as the licensing commission:
(1)
An initial written warning for a first violation or noncompliance.
(2)
An additional written warning for a second violation (within three years of the first violation).
(3)
A fine not to exceed $250.00 for a third violation (within three years of the second violation).
(4)
License suspension for subsequent violations.
(c)
Any server who violates or fails to comply with any provision of the responsible beverage service training ordinance shall be subjected to the following graduated penalties in accordance with state law by the East Providence Municipal Court:
(1)
An initial written warning for a first violation or noncompliance.
(2)
An additional written warning for a second violation (within three years of the first violation).
(3)
Loss of certification for third violation (within three years of the first and second violations).
(d)
Failure to have a valid server permit on the person of an individual required to be certified hereunder shall not constitute a violation, provided, proof of a valid permit is provided to the city clerk's office within ten days of the request.
(e)
All fines collected by municipal court or the East Providence City Council sitting as the licensing commission hereunder shall be paid to the City of East Providence.
(Ch. 608, § I, 6-17-14)
Sec. 9-2. - Disorderly or indecent conduct.#
(a)
A person commits disorderly conduct if he intentionally, knowingly or recklessly:
(1)
Engages in fighting or threatening, or in violent or tumultuous behavior;
(2)
In a public place or near a private residence that he has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
(3)
Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
(4)
Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
(5)
Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;
(6)
Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling on the property through a window or other opening;
(7)
Exposes his genitals to the view of others under circumstances in which his conduct is likely to cause affront, distress, or alarm to such other persons; or
(8)
Urinates or defecates on any public street, alley, sidewalk, or floor of any public building or building where the public gathers or has access, or on any private property.
(b)
Any person including a police officer, may be a complainant for the purposes of instituting action for any violation of this section.
(c)
Any person found guilty of the crime of disorderly conduct shall be penalized in accordance with section 1-16.
(Rev. Ords. 1987, § 9-3; Ch. 396, § I, 7-11-06)
State Law reference— Disorderly conduct, G.L. 1956, § 11-45-1.
Sec. 9-3. - Firearms and hunting—Definitions applicable to sections 9-4 through 9-6.#
When used in sections 9-4 through 9-6, the following words and phrases shall be construed as follows:
Firearm means any machine gun, pistol, rifle, air rifle, air pistol, blank gun, BB gun or other instrument from which steel or metal projectiles are propelled, except such instruments propelling such projectiles which instruments are designed or normally used for a primary purpose other than as a weapon.
Hunting with firearms means the act of discharging any firearms in the pursuit of game birds, aquatic birds, other birds, quail, pheasants, animals or other wildlife.
Machine gun means any weapon that shoots automatically and any weapon other than .22 caliber rimfire which shoots more than 14 shots semi-automatically without reloading.
Marshland means that area of swampland abutting the Runnins River bounded on the north by that certain dam owned by the Mobil Oil Company which runs from the city to the Seekonk shore across such river and all of such marshland between such dam running southerly to the East Providence-Barrington line.
Pistol means any pistol or revolver and any shotgun, rifle or similar weapon with an overall length less than 26 inches, except any pistol without a magazine or any pistol or revolver designed for the use of blank cartridges only.
Seaward shooting means the discharging of firearms towards the water while engaged in duck or waterfowl hunting.
Shoreland hunting means hunting on any part of the shore that is at least 500 feet from any occupied dwelling house, residence or other building occupied by human beings or any barn, stable or other building used in connection therewith.
(Rev. Ords. 1987, § 9-4; Ch. 207, § I, 5-7-02)
Cross reference— Definitions generally, § 1-2.
State Law reference— Firing across highway, G.L. 1956, § 11-47-49.
Sec. 9-4. - Hunting with firearms prohibited; exceptions generally.#
No person, either with or without a hunting license, shall hunt with firearms within the city, except as provided in sections 9-5 and 9-6.
(Rev. Ords. 1987, § 9-5)
Sec. 9-5. - Discharge of firearms prohibited; exceptions pursuant to state law.#
No person shall discharge any firearms within the city, except those persons who are permitted to protect their property under G.L. 1956, § 20-30-2 and those persons exempted from the use of firearms under G.L. 1956, § 11-47-9.
(Rev. Ords. 1987, § 9-6)
State Law reference— Firing across highways, G.L. 1956, § 11-47-49; firing without landowner's permission, G.L. 1956, § 11-47-50.
Sec. 9-6. - Certain activities permitted.#
(a)
Persons operating licensed shooting galleries exclusively used for entertainment purposes and sharpshooting practice, licensed skeet and trap shooting, whether indoors or outdoors, and target ranges used for recreational and training purposes and operated in accordance with all state regulations shall not be subject to the provisions of sections 9-3 through 9-6 while engaged in the activities enumerated in this section.
(b)
Duck and waterfowl hunting shall be permitted in the marshland area as defined in section 9-3. Duck and waterfowl hunting shall be permitted along the shoreland in accordance with the terms and conditions defined in section 9-3, provided that in the pursuit of such game, firearms shall be discharged seaward, as defined in section 9-3.
(Rev. Ords. 1987, § 9-7)
Sec. 9-7. - Sale of rifle, pistol, etc., to minors.#
No person shall sell or offer to sell any rifle, gun, pistol, air gun, spring gun, slingshot or similar contrivance arranged to discharge missiles to any person under the age of 18 years without the prior approval of the parent or guardian.
(Rev. Ords. 1987, § 9-8)
State Law reference— Sale of firearms to minors, G.L. 1956, § 11-47-30; possession of firearms by minors, G.L. 1956, §§ 11-47-33, 11-47-34.
Sec. 9-8. - Obstructing free passage of others.#
(a)
No person shall stand on any footwalk, sidewalk, parking lot, doorstep or in any doorway in the city so as to obstruct free passage for foot passengers or hinder, delay, disturb or annoy passersby or persons riding or doing business in the vicinity thereof and any person so obstructing such footpath, sidewalk, parking lot, doorstep or doorway shall move immediately when requested to do so by any police officer.
(b)
Three or more persons shall not stand in a group or near each other on any footwalk or sidewalk so as to obstruct a free passage for footwalk passengers. Any person obstructing any footwalk or sidewalk shall move immediately when requested so to do by any police constable.
(Rev. Ords. 1987, §§ 9-9, 14-42)
State Law reference— Authority of city to prevent persons from standing on sidewalks, etc., and from obstructing, hindering, etc., other persons, G.L. 1956, § 45-6-1.
Sec. 9-9. - Property damage generally.#
(a)
No person shall maliciously, wantonly, or carelessly daub with paint, cut, break, or other wise injure or by scratching or writing with paint, blacking, chalk or in any other way or manner deface any post, light post, fence, tree, tree box, house or other building situated in or on any street, highway, bridge, wharf or public place or ground set apart for public purposes in the city or any ornament or appurtenance of such post, light post, fence, tree, tree box, house or other building.
(b)
Unless otherwise provided for in chapter 19, article VII, the following signs, including political signs, shall be prohibited in the city:
(1)
Signs on any building owned, operated, or leased by a public agency.
(2)
Signs on or within the confines of any public park, recreation area, or other type of landscaped grounds owned or operated by the city or other governmental agency, or upon any flagpole or tree owned by a public agency.
(3)
Signs on any traffic-control sign or device, such as stoplights and their standards, stop signs, yield signs, one-way street signs, or any other type of sign or device that directs traffic, or on the supporting post of such sign.
(4)
Signs which in any way block the view of a traffic-control sign or device by motorists or pedestrians in such a manner as to create a hazard.
(5)
Signs which in any way pose a hazard to motorists, pedestrians, cyclists using the public rights-of-way such as not being high enough to allow pedestrians or cyclists to pass by unobstructed, or protruding into a street or sidewalk in such a manner as to interfere with the safe passage of the public.
(6)
It is also unlawful for any person to obstruct the use of the property of another or obstruct another in the prosecution of his lawful business or pursuits in any matter.
(7)
Signs on any telephone or electrical pole.
(8)
Any person found guilty of any violation of this section shall be penalized in accordance with section 1-16.
(c)
Pursuant to section 19-447, the requirements of this article shall be enforced by the zoning officer and/or the chief of police or his designee. The notice shall be provided by telephone or, at their discretion, written notice to the person and/or persons responsible. The chief of police shall provide notice of violation to any person who posts a sign that constitutes a traffic hazard.
(Rev. Ords. 1987, § 9-10; Ch. 360, §§ I, II, 10-4-05)
State Law reference— Malicious destruction of property, G.L. 1956, § 11-44-1; injuries to public property, G.L. 1956, § 11-44-12; injury to public statues and monuments, G.L. 1956, § 11-44-13.
Sec. 9-10. - Streetlights; injuring, etc.#
No person shall maliciously, wantonly or carelessly break, throw down, extinguish or otherwise injure any light erected for the purpose of lighting any street, highway, bridge, wharf or public place or ground set apart for public purposes in the city, whether the light shall have been erected by the city or any other corporation or individual.
(Rev. Ords. 1987, § 9-11)
State Law reference— Breaking lamps, G.L. 1956, § 11-44-14.
Sec. 9-11. - Street markers and signs; breaking, injuring, etc.#
No person shall wantonly break down, injure, remove, mar or destroy any monument or other memorial erected for the purpose of designating the boundaries of any street, highway or turnpike in the city nor any tree, stake or other thing marked for such purpose, nor shall any person break down, injure, remove, mar or destroy any milestone, street signboard or mileboard erected upon a highway or turnpike nor wantonly deface or alter the inscription of any such stone, board or tree.
(Rev. Ords. 1987, § 9-12)
State Law reference— Injuries to boundary or line markers, G.L. 1956, § 11-44-11; injuring highway boundary markers, G.L. 1956, § 11-22-1; injuries to road signs, G.L. 1956, § 11-22-2.
Sec. 9-12. - Picketing, demonstrating and disrupting the tranquility of residences.#
(a)
It is hereby declared that the protection and preservation of the home is the keystone of democratic government; that the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility and privacy, and when absent from their homes carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes; that the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants; that such practice has as its object the harassing of such occupants; and without resort to such practice, full opportunity exists, and under the terms and provisions of this section will continue to exist, for the exercise of freedom of speech and other constitutional rights; and that the provisions hereinafter enacted are necessary in the public interest, to avoid the detrimental results set forth in this section.
(b)
It shall be unlawful for any person to engage in picketing before or about the residence or dwelling place of any individual.
(c)
It shall be unlawful for any person to demonstrate before or about the residence or a dwelling place of an individual in any manner which disrupts or threatens to disrupt any individual's right to tranquility in such individual's home.
(d)
Any court of general equity jurisdiction may enjoin conduct, or threatened conduct, proscribed by this section, and may, in any such proceeding, award damages, including punitive damages, against the persons found guilty of actions made unlawful by this section.
(Rev. Ords. 1987, § 9-13)
Sec. 9-13. - Sale of cigarettes by vending machine prohibited.#
(a)
No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine that is in an area not continuously supervised and in direct line of sight of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located, nor shall any tobacco product, nor electronic nicotine-delivery system product be sold from any device or vending machine that is in an area supervised by such an authorized person unless the device or vending machine is equipped with an electronic locking device that will not allow the device or vending machine to dispense a pack of cigarettes, or any other tobacco product, or electronic nicotine-delivery system product unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located. "Direct line of sight" means that the vending machine and the purchaser of cigarettes or electronic nicotine-delivery system product must be visible to the authorized person pressing the unlock button while the unlock button is being activated. Provided a locking device shall not be required in an establishment licensed to sell alcoholic beverages that limits access to persons over the age of 21 years.
(b)
No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine from which non-tobacco products are sold.
(Rev. Ords. 1987, § 9-14; Ch. 838, § I, 4-19-22)
Sec. 9-14. - Sale of cigarette rolling papers prohibited.#
(a)
No person, firm, corporation, establishment or agency shall engage in the operation of selling cigarette rolling papers. A cigarette rolling paper is any paper designed, manufactured, or marketed for the purpose of smoking tobacco, marijuana, cocaine, or other organic or mineral matter excluding cigarette paper used in the industrial manufacture of cigarettes or sold inside a container or package with loose tobacco where the number of papers in the container or package is reasonably necessary to roll the loose tobacco in the container or package into cigarettes.
(b)
Any person, firm, corporation, establishment or agency that engages in the operation of selling cigarette rolling papers shall be punished by a fine of not less than $100.00 for the first offense, not less than $200.00 for the second offense, and not less than $300.00 for the third and subsequent offense.
(Rev. Ords. 1987, § 9-15)
Sec. 9-15. - Reserved.#
Editor's note— Ch. No. 839, § I, adopted May 17, 2022, renumbered § 9-15 as §§ 9-15.1—9-15.3, as set out herein. The provisions contained in former § 9-15 pertained to similar subject matter and derived from Rev. Ords. 1987, § 9-16; Ch. 58, § I, adopted March 2, 1999; and Ch. 268, § I, adopted August 19, 2003.
Sec. 9-15.1. - Definitions.#
Bidi cigarette means any product that (i) contains tobacco that is wrapped in temburni or tender leaf, or that is wrapped in any other material identified by rules of the department of health that is similar in appearance or characteristics to the temburni or tender leaf, and (ii) does not contain a smoke filtering device.
Court means any appropriate district court of the State of Rhode Island and/or municipal court of the City of East Providence.
Dealer is synonymous with the term "retail tobacco products dealer."
Electronic nicotine-delivery system means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic little cigars, electronic pipe, or electronic hookah, "heat not burn products," e-liquids, e-liquid products, or any related device and any cartridge or other component of such device.
Electronic nicotine-delivery system product means any combination of electronic nicotine- delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid container. Electronic nicotine-delivery system products shall not include hemp-derived consumable cannabidiol (CBD) products as defined in G.L. § 2-26-3.
E-liquid and e-liquid products means any liquid or substance placed in or sold for use in an electronic nicotine-delivery system which generally utilizes a heating element that aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine derivative: i.
Whether the liquid or substance contains nicotine or a nicotine derivative; or
ii.
Whether sold separately or sold in combination with a personal vaporizer, electronic nicotine-delivery system, or an electronic inhaler.
License is synonymous with the term "retail tobacco products dealer license" or "electronic nicotine-delivery system license or any license issued under chapter 20 of title 44 or 16 chapter 1 of title 23" of Rhode Island General Laws.
License holder is synonymous with the term "retail tobacco products dealer" or "electronic nicotine-delivery system license or any licenses issued under chapter 20 of title 44 or 19 chapter 1 of title 23" of Rhode Island General Laws.
Little cigars means and includes any roll, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco wrapped in leaf tobacco or any substance containing tobacco paper or any other material, and where such roll has an integrated filter, except where such wrapper is wholly or in greater part made of tobacco and where such roll has an integrated filter and weighs over four pounds per thousand.
Person means any individual person, firm, fiduciary, partnership, trust, association, or corporation licensed as a retail dealer to sell tobacco products within the state.
Person means any natural person, partnership, firm, joint stock company, corporation, or employee thereof, or other legal entity.
Retail tobacco products dealer means the holder of a license to sell tobacco products at retail and shall include holders of all other licenses issued under chapter 20 of title 44 or chapter 1 of title 23 of Rhode Island General Laws.
Retail tobacco products dealer license means a license to sell tobacco products at retail as issued by the State of Rhode Island Department of Taxation.
Sale or sell means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
Spitting tobacco also means snuff, powdered tobacco, chewing tobacco, dipping tobacco, pouch tobacco, or smokeless tobacco.
Tobacco product means (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoke, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Notwithstanding any provision of clauses (1) and (2) in this definition to the contrary, tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately; tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
Tobacco product(s) means any product(s) containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a little cigar as defined in G.L., § 44-20.2-1, and any and all products as defined in G.L., § 44-20-1, electronic nicotine-delivery system products, or any added substance that may be aerosolized, vaporized, or otherwise delivered by such an electronic nicotine-delivery system device, whether or not that substance contains nicotine.
Tobacco product(s) " does not include drugs, devices, or combination products intended to treat tobacco or nicotine dependence that are authorized by the United States Food and Drug Administration, as those terms are defined in the federal Food, Drug and Cosmetic Act. Nor does it include such authorized drugs, devices or combination products with such treatment purpose by individuals under age 21 if prescribed by a licensed prescriber such as a physician, nurse practitioner or physician assistant.
Underage individual or underage individuals means any child individual under the age of 21.
Vending machine means any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.
(Ch. 839, § I, 5-17-22)
Sec. 9-15.2. - Purchase, sale or delivery of tobacco products to persons under 21 prohibited; notice of law to be posted.#
No person under shall purchase, nor shall any person sell, give, or deliver to any individual under 21 years of age, any tobacco product in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as "blunts," unflavored "blunts," flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, snuff, electronic nicotine-delivery system products, vaping devices or any and all products as defined in G.L., §44-20-1.
(Ch. 839, § I, 5-17-22)
Sec. 9-15.3. - Nature and size of penalties.#
(a)
The license holder is responsible for all violations of this section that occur at the location for which the license is issued. Any license holder who or that violates the prohibition of section 9-15.2 shall be subject to civil fines as follows:
(1)
A fine of $250.00 for the first violation within any 36-month period;
(2)
A fine of $500.00 for the second violation within any 36-month period;
(3)
A fine of $1,000.00 and a 14-day suspension of the license to sell tobacco products or electronic nicotine-delivery systems for the third violation within any 36-month period;
(4)
A fine of $1,500.00 and a 90-day suspension of the license to sell tobacco products or electronic nicotine-delivery systems for each violation in excess of three.
(5)
In addition to the penalties set forth above, the municipal court may order any person in violation of this section to complete tobacco retailer training as deemed appropriate by the local substance abuse task force (East Providence Prevention Coalition).
(b)
All fines collected by municipal court shall be paid to the City of East Providence. It is the intent of this legislation that all fines collected by the City of East Providence hereunder shall be used for the purpose of the East Providence Police Department conducting tobacco produce compliance checks and the East Providence Prevention Coalition providing tobacco education.
(c)
Any person violating this section shall be cited for such violation and may:
(1)
Pay the fine indicated on the citation either by mail or in person, within 20 days after receiving the citation; or
(2)
Shall be required to appear in the municipal court for the City of East Providence for a hearing on that citation.
(Ch. 839, § I, 5-17-22)
Sec. 9-16. - Loam piles prohibited.#
Excavated or collected material such as loam, and/or other earth products shall not be deposited upon property unless being used in connection with a properly licensed and zoned business operation or construction project in connection with the use on residential property for a period not to exceed 30 days.
(Ch. 465, § I, 3-3-98)
Sec. 9-17. - Graffiti; definitions.#
Abate means to effectively remove.
Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or other substance capable of defacing property.
Broad-tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble.
Defaced property shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching, scribbling or any other marking upon any wall or surface owned, operated or maintained by a person, business, corporation, entity, etc.
Etching equipment means any tools, device, acid or cream manufactured or sold for the specific purpose of etching glass, metal, stone or other natural or man-made surface.
Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance. This section shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets.
Graffiti implement means any aerosol paint container, a broad-tipped marker, paint stick or graffiti stick, gum label, paint stick or graffiti stick, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or man-made surface.
Paint stick or graffiti stick means any device containing a solid form of paint, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark thereon, which cannot be removed with soap and water.
Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
Public or private property shall include any building, bridge fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.
(Ch. 876, § I, 5-16-23)
Editor's note— Chapter 876, § I, adopted 5-16-2023, repealed § 9-17 and enacted a new § 9-17 as set out herein. Former § 9-17 pertained to fence graffiti prohibited and derived from Ch. 362, § I, adopted October 18, 2005.
Sec. 9-18. - Graffiti: prohibited acts—Defacement.#
(a)
It shall be unlawful for any person to permit property to be maintained in a defaced condition by allowing to remain on said property, painting, drawing, writing or marking by use of paint, spray paint, ink or by any other method of defacement, or to apply graffiti to any natural or man-made surface on any city-owned property.
(b)
It shall be unlawful for any responsible party, owner or operator to permit private property to be maintained in a defaced condition by allowing to remain on said property, painting, drawing, writing or marking by use of paint, spray paint, ink or by any other method of defacement.
(Ch. 876, § II, 5-16-23)
Editor's note— Chapter 876, § I, adopted 5-16-2023, repealed § 9-18 and enacted a new § 9-18 as set out herein. Former § 9-18 pertained to defaced property and derived from Ch. 459, § I, adopted August 19, 2008.
Sec. 9-19. - Graffiti; violation; penalty.#
Any person violating this article shall be punished in the following manner: (1)
Fines and community service. A fine not to exceed $1,000.00 for any offense.
a.
Failure to remove a defaced condition within ten days of notice will result in the matter being referred to the East Providence Municipal Court by the building official or his designee and subject the responsible party, owner, or operator to a fine in the amount of $100.00 for the first offense, $250.00 for a second offense, and $500.00 for each subsequent offense.
b.
Any minor or adult violating any provision of this section shall be fined in the amount of $250.00 and/or 50 hours of community service for the first offense and $350.00 and/or 100 hours of community service for the second offense. At least one parent or guardian of a minor shall be in attendance a minimum of 50 percent of the period of assigned community service.
c.
In case of a minor, the parents or legal guardian shall be jointly and severally liable with the minor for the payment of all fines.
d.
Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parent's or legal guardian's property that includes the fine and administrative costs.
e.
Upon an application and finding of indigence, the court may decline to order fines against the minor, parents or guardian.
f.
Police officers or any authorized officers may issue a citation for any violation of this section. Multiple instances of graffiti shall be treated as separate violations. In addition thereto, the city may initiate a civil action seeking injunctive as well as other relief to prevent violation(s).
(2)
Equitable relief. Any owner or occupant of adjoining or adjacent properties who are injured either in the comfort or enjoyment of his or her estate thereby may also have an action to recover equitable relief ordered by the court including removal of the graffiti.
(3)
Restitution. In addition to any fines, a court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution. Failure of any violator or the parents or legal guardian to make payment will result in the filing of a lien on the violator's or the parent's or legal guardian's property that includes the fine and administrative costs.
(4)
Community service. A minor or adult shall be required to perform community service as described by the court based on the following minimum requirements:
The minor or adult shall perform up to 100 hours of community service for a first offense. A second or subsequent offense shall require up to 200 hours of public community restitution work.
a.
At least one parent or guardian of the minor shall be in attendance a minimum of 50 percent of the period of assigned community service.
b.
The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police or the probation department of the court.
c.
Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.
(Ch. 876, § III, 5-16-23)
Editor's note— Chapter 876, § I, adopted 5-16-2023, repealed § 9-19 and enacted a new § 9-19 as set out herein. Former § 9-19 pertained to property damage graffiti and derived from Ch. 686, § I, adopted November 7, 2017.
Sec. 9-20. - Sale of graffiti materials to minors.#
(a)
It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, otherwise furnish, cause, or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, etching equipment, paint stick or graffiti stick to any person under the age of 18 years without the written consent of the parents or guardian of the person.
(b)
For purposes of this section, bona fide evidence of majority, identity of majority and identity of the person is a document issued by a federal, state, country, or municipal government, or subdivision or agency of them, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, 50 App. U.S.C. § 451 et seq. or an identification card issued to a member of the armed forces.
(c)
Proof that the defendant, or his employee or agent, demanded, was shown and acted in reliance upon bona fide evidence in any sale transaction forbidden by this article, shall be a defense to any criminal prosecution for that violation.
(d)
Any person who owns, manages or operates a place of business where aerosol containers of paint capable of defacing property are sold shall conspicuously post notice of this law in the place of business in letters at least three-eighths of an inch high.
(e)
Any person who owns, manages or operates a place of business where graffiti implements are sold shall display these items either:
(1)
In an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business; or
(2)
In an area not accessible to the public in the regular course of business without employee assistance.
(f)
Penalties.
(1)
Any person who sells, displays or stores, or permits the sale, display or storage of any graffiti implements in violation of the provisions of this article shall be fined not more than $100.00 for each offense.
(2)
Any person who sells, displays or stores, or permits the sale, display or storage of these products in violation of the provisions of this article shall be personally liable for all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such implements in violation of the provisions of this article, provided that possession of the graffiti implement used is proven to be the result of a specific sale, display or storage violation. Such liability shall not exceed $1,500.00.
(g)
The severability provision is intended to permit a court to strike a portion of this article that is over broad, vague or otherwise unconstitutional, while upholding the remainder of the article. Severability is intended throughout and within the provisions of this article. If any section, subsection, sentence, clause, phrase or portion of this article is held to be invalid or unconstitutional by a court of competent jurisdiction than that decision shall not affect the validity of the remaining portions of this article.
(Ch. 876, § IV, 5-16-23)
Sec. 9-21. - Graffiti as nuisance.#
(a)
Prohibited.
(1)
The existence of graffiti on public or private property in violation of this article is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this article.
(2)
It is the duty of both the owner of the property to which the graffiti has been applied and any other person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti.
(b)
Removal of graffiti by perpetrator. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within 24 hours after notice by the city or private owner of the property involved. Such removal shall be done in a manner prescribed by the chief of police, the director of the department of public works, or any additional city department head, as authorized by the city. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this article. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment of such removal.
(c)
Removal of graffiti by property owner or city. If graffiti is not removed by the perpetrator according to this chapter, graffiti shall be removed pursuant to the following provisions:
(1)
Property owner responsibility. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of ten days after receiving notification by the city of the defacement. Such notice shall be provided in a manner prescribed by the chief of police, the director of the department of public works, or any additional city department head, as authorized by the city.
(2)
Exceptions to property owner responsibility. The removal requirements above shall not apply if the property owner or responsible party can demonstrate that:
a.
The property owner or responsible party lacks the financial ability to remove the defacing or graffiti; or
b.
The property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as par t of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after receiving notification of the defacement.
(d)
Right of city to remove.
(1)
Use of public and/or trust funds. Whenever the city becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the city shall be authorized to use public and/or trust funds for the removal of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the city determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area.
(2)
Right of entry on private property. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal the city shall attempt to secure the consent of the property owner or responsible party and obtain a release of the city from liability for property damage or personal injury.
(e)
Abatement and cost recovery. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this article, or if the city has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city may enter and abate the graffiti. If all or any portion of the eradication charges remain unpaid after 30 days, the portion thereof that remains unpaid shall constitute a lien on the property that was the subject of the eradication effort.
(f)
The severability provision is intended to permit a court to strike a portion of this article that is over broad, vague or otherwise unconstitutional, while upholding the remainder of this article. Severability is intended throughout and within the provisions of this article. If any section, subsection, sentence, clause, phrase or portion of this article is held to be invalid or unconstitutional by a court of competent jurisdiction than that decision shall not affect the validity of the remaining portions of this article.
(Ch. 876, § IV, 5-16-23)