The text
Footnotes:
--- (1) --- Cross reference— 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 Code saved from repeal, § 1-11(11); unlawful noise from vehicle repairs, § 22-39; manufactured homes and trailers, ch. 26; streets, sidewalks and other public places, ch. 38.
State Law reference— Motor and other vehicles, G.L. 1956, Title 31; uniformity of vehicle regulations, G.L. 1956, § 31-12-11; powers of local authorities, G.L. 1956, § 31-12-12; local regulations to be posted, G.L. 1956, § 31-12-13; traffic-control devices on local highway, G.L. 1956, § 31-13-3.
ARTICLE I. - IN GENERAL#
Sec. 46-1. - Definitions.#
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:
Commercial vehicle means any vehicle registered for commercial purposes and designed and used primarily for the transportation of goods, wares and merchandise.
Crosswalk means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curb, or in the absence of curbs, from the edges of the traversable roadway or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface.
Official curb marking means that portion of the curbing, the painting of which has been authorized by the traffic control officer of the town.
Official street marking means any painted line, legend, marking or marker of any description painted or placed upon any way which purports to direct or regulate traffic and which has been authorized by the traffic control officer of the town.
Parking or park means the stopping or standing of a vehicle on a roadway, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to a police officer, the traffic control officer or traffic signs or signals, or while making emergency repairs or, if disabled, while arrangements are being made to move such a vehicle.
Whenever in this chapter words or phrases, other than the foregoing, which are defined in the state motor vehicle code G.L. 1956, § 31-1 et seq. are used, they shall have the meanings respectively ascribed to them in the state motor vehicle code.
(Ord. of 6-2-97, § 1-1)
Cross reference— Definitions generally, § 1-2.
State Law reference— Definitions, G.L. 1956, § 31-1-2 et seq.
Sec. 46-2. - Defacing or damaging parking or traffic control devices.#
A person shall not willfully deface, injure, move, remove, obstruct or interfere with any official sign, signal, marking or device.
(Ord. of 6-2-97, § 1-2)
State Law reference— Injury to signs and traffic-control devices, G.L. 1956, § 31-13-11.
Sec. 46-3. - Unofficial parking or traffic control devices.#
The location of all parking or traffic control signs shall be under the director of public works, and no person, unless so directed, shall place, maintain or display, upon or in view of any street, any unofficial sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic sign, signal, mark or device, or which attempts to direct or regulate the movement of traffic, or which obstructs or hides from view any official sign or signal.
(Ord. of 6-2-97, § 1-3)
State Law reference— Unauthorized signs and devices, G.L. 1956, § 31-13-10.
Secs. 46-4—46-35. - Reserved.#
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT#
Footnotes:
--- (2) --- Cross reference— Administration, ch. 2.
DIVISION 1. - GENERALLY#
Secs. 46-36—46-55. - Reserved.#
DIVISION 2. - TRAFFIC CONTROL OFFICIAL#
Sec. 46-56. - Designated.#
The director of public works shall be designated as the traffic control official.
(Ord. of 6-2-97, § 2-1)
Charter reference— Department of public works, § 801.
Sec. 46-57. - Authority to make rules and regulations.#
The traffic control official shall have the authority to make all necessary rules and regulations for the regulation of parking and traffic in the town, not inconsistent with the laws of the state; provided, however, that all regulations relative to the establishment of one-way streets, winter parking regulations and snow routes, and regulations restricting the use of streets by commercial vehicles shall first be approved by the town council.
(Ord. of 6-2-97, § 2-2)
Sec. 46-58. - Posting of rules and regulations required.#
(a)
No rule or regulation of the traffic control official shall be effective unless the rule or regulation is conspicuously posted and marked in the area affected or, if not conspicuously posted or marked, is advertised at least once in a newspaper of general circulation in the area.
(b)
The requirements of this section shall apply to the traffic control official only. Rules established by ordinance of the town council shall become effective as set forth in the Charter.
(Ord. of 6-2-97, § 2-3)
State Law reference— Local regulations to be posted, G.L. 1956, § 31-12-13.
Sec. 46-59. - Duties.#
Without intending in any manner to limit the generality of the powers conferred under this article, the traffic control official shall have full authority to perform and carry out the following duties: (1)
Establish rules and regulations governing parking and the use of public highways by vehicles and pedestrians within the limits established by state law and the provisions of this chapter, including, but not to the exclusion of, other regulatory powers conferred or as may be prescribed by future ordinances;
(2)
Install parking and traffic control devices as may be allowed by law or ordinance;
(3)
Designate throughways and stop streets, curb parking zones and the manner of their use; and
(4)
Perform enforcement and administrative powers as specified herein.
(Ord. of 6-2-97, § 2-4)
Charter reference— Department of Public Works—duties, § 801.
State Law reference— Powers of local authorities, G.L. 1956, § 31-12-12.
Secs. 46-60—46-90. - Reserved.#
ARTICLE III. - PARKING, STOPPING AND STANDING#
Footnotes:
--- (3) --- Cross reference— Off-street parking and loading, app. A, art. V.
State Law reference— Stopping, standing and parking restrictions, G.L. 1956, § 31-21-1 et seq.
Sec. 46-91. - Manner of parking generally.#
A vehicle shall not be parked on any street unless the curbside wheels of the vehicle are drawn within one foot of the right curb, edge of the roadway or sidewalk line in the direction in which traffic is headed, unless otherwise provided in this article.
(Ord. of 6-2-97, § 4-1(a))
Sec. 46-92. - Stopping at left curb.#
No vehicle shall stop with its left side to the curb except on a one-way street or in an emergency or to allow another vehicle or pedestrian to cross its way.
(Ord. of 6-2-97, § 4-1(b))
Sec. 46-93. - Stopping so as to obstruct traffic or pedestrians.#
It shall be unlawful for any operator of a vehicle to place the same in any street, crosswalk, footpath or sidewalk so as to prevent or obstruct the passing of other vehicles or pedestrians unless for a reasonable time when necessary, but not exceeding five minutes at a time.
(Ord. of 6-2-97, § 4-1(c))
Sec. 46-94. - Prohibited in specified places.#
It shall be unlawful for the operator of a vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, the traffic control official, or a traffic control sign: (1)
On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(2)
On a sidewalk.
(3)
Within an intersection.
(4)
On or within ten feet of a crosswalk.
(5)
Within ten feet of a point where, if curblines were extended, they would intersect at a street corner.
(6)
In any place where the use of any public or private driveway will be obstructed.
(7)
Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic.
(8)
Within ten feet of fire hydrant.
(9)
Upon, or within 50 feet of, any bridge or other elevated structure upon a highway or within a highway tunnel.
(10)
On any railroad track and within 50 feet of the nearest railroad crossing.
(11)
Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance (when properly posted).
(12)
Within 30 feet upon the approach to any flashing signal, stop sign or traffic control sign located at the side of a roadway.
(13)
At angles in streets and at or near intersections where the standing, stopping or parking of vehicles would obstruct the free movement of traffic.
(14)
Within the area marked and specifically reserved for handicapped parking except for those vehicles displaying handicapped plates issued by the state registry of motor vehicles. The traffic control official is authorized to designate and erect signs in those areas reserved for the handicapped.
(Ord. of 6-2-97, § 4-1(d))
Sec. 46-95. - Standing prohibited near bus stops; exception.#
No vehicle shall remain standing within ten feet of any pole or sign indicating a motor bus stop on the side from which passengers board or alight, except that in lieu of this regulation, the police department may, where deemed necessary, indicate by proper signs spaces which will provide proper access to motor buses at such stops.
(Ord. of 6-2-97, § 4-1(e))
Sec. 46-96. - Parking in school zones.#
(a)
The traffic control officer is authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property, public or private, when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
(b)
When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized in this section, no person shall park a vehicle in any such designated place.
(c)
No person shall park a vehicle in any place marked as a school bus loading zone during hours when the provisions applicable to such zones are in effect. The zones are specifically for the use of school buses engaged in the loading and unloading of school children.
(d)
The driver of a vehicle may stop temporarily at a place marked as a school bus loading zone for the purpose of, and while engaged in, the loading or unloading of passengers when such stopping does not interfere with any school bus which is waiting to enter or leave such zones.
(Ord. of 6-2-97, § 4-1(f))
Sec. 46-97. - Prohibited on specified streets or parts of streets.#
It shall be unlawful for the operator of a vehicle to stop, stand or park any such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign.
(Ord. of 6-2-97, § 4-1(g))
Sec. 46-98. - Prohibited in specified places.#
A vehicle shall not be stopped or permitted to stand in any place where prohibited by the rules and regulations of the traffic control officer.
(Ord. of 6-2-97, § 4-2)
State Law reference— Similar provisions, G.L. 1956, § 31-21-4.
Sec. 46-99. - Parking of certain commercial vehicles, campers, trailers restricted.#
(a)
It shall be unlawful to park any commercial vehicle or any trailer or camper or any vehicle that is not registered as a passenger vehicle in excess of two tons hauling capacity on any street or highway within the town for a period exceeding 30 minutes except when engaged in active deliveries, construction, repairs or other similar business activities. This section shall not in any event be construed to permit the overnight parking of commercial vehicles, as described in this section, on any public street or highway if otherwise allowed by the terms of this article.
(b)
The fine for a first violation of this section shall be $25.00; for the second violation within one calendar year, $50.00; for the third violation within one calendar year, $100.00; for each additional violation within one calendar year, $100.00.
(Ord. of 6-2-97, § 4-3)
State Law reference— Fines for traffic and parking violations, G.L. 1956, § 12-44-4.
Sec. 46-100. - Winter parking and storm emergencies.#
(a)
When effective. The parking regulations enumerated in this section are effective each year in the town from December 1 to April 1.
(b)
Parking prohibited on snow routes. Snow routes shall be designated from time to time by the town council, and a schedule of such snow routes shall be filed in the office of the town clerk. All parking shall be prohibited thereon upon declaration of storm emergency and until the emergency has been declared at an end by the director of public works.
(c)
Parking restricted on all other streets. On all other streets and highways except dead-end streets in the town, parking shall be prohibited on the odd-numbered side, unless otherwise posted, upon declaration of a storm emergency and until such emergency shall have abated.
(d)
Parking restrictions on dead-end streets. On dead-end streets in the town, unless otherwise posted, parking will be prohibited on the right side facing into the end of the street upon declaration of a storm emergency and until such emergency has been declared at an end.
(e)
Declaration of storm emergency. The director of public works, after consultation with the president of the town council, is hereby authorized to declare a storm emergency once the snow reaches a depth of two inches, or when such weather conditions are deemed in the discretion of the director exist to constitute a hazard to the public health and safety. Normal parking regulations will resume when the director of public works has declared the storm emergency at an end that the hazard has passed.
(f)
Notice of declaration of storm emergency. Notice of a declaration of a storm emergency shall be posted in at least two public places within the town and shall be made through public service announcements in the media.
(g)
Penalties. Any vehicle illegally parked, disabled or impeding snow removal which, in the opinion of the traffic control official constitutes a hazard to the public health and safety, will be towed away at the expense of the owner. Vehicles parking in violation of this section will be tagged. The fine for a violation upon the first offense during the period of December 1 through April 1, shall be $10.00. The fine for the second offense shall be $15.00. The fine for the third offense shall be $25.00.
(Ord. of 6-2-97, § 4-5)
Sec. 46-101. - Fire lanes.#
(a)
Traffic control official authorized to establish; maintenance. The traffic engineer, in consultation with the chief of the appropriate fire district, is hereby authorized to establish fire lanes on private property devoted to public use. The designations by the traffic engineer of such fire lanes shall not render the town responsible for maintenance of such fire lanes, but the owner of such property shall continue to be responsible for the maintenance of such area.
(b)
Parking. Parking of motor vehicles in, or otherwise obstructing, fire lanes shall be prohibited at all times.
(c)
Owner to post signs; specification of signs. Upon the designation of a fire lane, pursuant to this section, the traffic engineer shall give notice of such designation to the owner of such area directing the owner to cause signs to be posted at the expense of the owner at designated locations which sign shall state "Fire Lane—No Parking Anytime - Tow Zone." Such signs shall be of a standard size and color, of standard lettering and mounting, conforming to specifications established by the traffic engineer, and shall contain a notice as to the maximum penalty for violations.
(d)
Official record of designations and locations. The official record of the designation and location of fire lanes shall be kept in the office of the town clerk.
(e)
Penalties. It shall be unlawful for the owner or operator of any motor vehicle to park the vehicle in any area designated as a fire lane. Violators of the provisions of this section shall be subject to a fine not exceeding $5.00 for each offense. A vehicle illegally parked or disabled in a fire lane may be towed away at the expense of the owner. The fee to be charged shall be the actual cost of the towing.
(Ord. of 6-2-97, § 4-6)
Sec. 46-102. - Removal of illegally parked vehicles.#
Any state or town police officer, if applicable, or the town traffic control official in his discretion may remove or cause to be removed any vehicle left upon any street, and not in the apparent charge of any person, or in violation of any regulation of the town, to another place on such street, or from such street to some other street, or to a garage which will provide for the vehicle, or to a police station and there leave it, and possession of any such vehicle shall be withheld from any person entitled to possession thereof until any expenses incurred in removal thereof shall have been paid. The violation of any regulation of the town by the owner or other person having possession of such vehicle with the consent of the owner thereof shall be a consent by the owner of such vehicle to the removal thereof by any police officer and shall be a consent to park such vehicle at the place to which the vehicle is removed.
(Ord. of 6-2-97, § 4-4(a))
State Law reference— Removal of vehicles under jurisdiction of state, G.L. 1956, § 31-21-10.1.
Sec. 46-103. - Notice of removal and impoundment; vehicle disposition.#
(a)
Not later than 48 hours after a vehicle and its contents have been removed by the town, excluding holidays and weekends, the traffic control officer shall cause a notice to be given to the owner of record of such vehicle as indicated in the motor vehicle records of the state registry of motor vehicles or the corresponding agency of any other state. Notice shall also be given to any lienholder of records as indicated on the motor vehicle records. The notice shall describe the vehicle and its contents, give the date the vehicle was impounded, state the grounds for impoundment, the location of the place of impoundment, and state that unless the vehicle is redeemed within 30 days after the date of notice, the vehicle and its contents will be sold or otherwise disposed of as provided by law. The notice shall also state that if requested within five days after the date of such notice, a hearing will be conducted to review the removal and impoundment of the vehicle. The right to a hearing shall be deemed waived if not timely requested. Any hearing under this section shall be conducted in the manner provided hereafter.
(b)
The notice referred to in subsection (a) of this section shall be given either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at his address as shown on the motor vehicle records. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon the return of the receipt or upon return of the notice as undeliverable, refused or unclaimed. Proof of the giving of notice in either manner may be made by affidavit of the person giving notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place and manner of giving notice. No notice shall be required if the vehicle is redeemed within 48 hours of the impoundment.
(c)
Vehicles impounded by the town shall be redeemed only by the registered owner, a person authorized by the registered owner, a person entitled to possession, or one who has purchased the vehicle from the registered owner, who produces proof of ownership, authorization or entitlement and signs a receipt therefor.
(Ord. of 6-2-97, § 4-4(b))
Sec. 46-104. - Administrative hearing.#
(a)
Upon written request of the legal owner or the person entitled to possession of the vehicle delivered to the town clerk, an administrative hearing shall be held before a hearing officer. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. Such hearing shall be set and conducted within five regular business days of the receipt of the request, holidays, Saturdays or Sundays not included. The hearing can be set for a later date if the owner or person entitled to possession so requests. At the hearing, the following may be contested:
(1)
The validity of the action of the law enforcement or traffic control official in taking the vehicle into custody; and
(2)
Removing and the creation and amount of the lien attached to the vehicle.
(b)
At any time prior to the requested hearing, the owner or the person entitled to possession of the vehicle may regain possession of the vehicle by posting with the town security in the form of cash in an amount sufficient to cover costs of removing and storage.
(c)
If the hearing officer finds that:
(1)
The action of the town in taking the vehicle into custody was proper, the hearing officer shall enter an order supporting the removal and ordering the costs of removal and storage be paid before redemption of the vehicle.
(2)
The action of the law enforcement officer in taking the vehicle into custody was invalid, the hearing officer shall:
a.
Order the vehicle released to the owner;
b.
Find that the owner is not liable for any towing or storage charges occasioned by the taking; and
c.
Order the town to satisfy the towing and storage lien. If the owner or person entitled to possession of the vehicle does not redeem it promptly, any subsequent charges shall be paid by the owner or person entitled to possession.
(3)
If creation and amount of the towing and storage lien is correct, the hearing officer shall order the lien satisfied before release of the vehicle.
(4)
If creation and amount of the towing and storage liens is not correct, the hearing officer shall correct the amount of the lien and order the corrected lien satisfied before release of the vehicle.
(d)
If the person requesting the hearing does not appear at the scheduled hearing, the hearing officer may enter an order affirming the removal and assessment of towing and storage costs and apply any security posed against such costs.
(e)
The action of the hearing officer pursuant to this section is final.
(Ord. of 6-2-97, § 4-4(c))
Sec. 46-105. - Hearing officers.#
Hearing officers shall be appointed by the town council. A hearing officer shall be someone other than the person who directed the impounding and storage of the vehicle. The issues before any hearing officer shall be whether there was probable cause to impound the vehicle in question and the creation and amount of the lien attached to the vehicle. The expression "probable cause to impound" shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was authority for the removal of the vehicle.
(Ord. of 6-2-97, § 4-4(c))
Sec. 46-106. - Alternate hearing officer.#
The town council president may, in emergency situations, assume the position of, or designate an alternate hearing officer who will serve in the place of any hearing officer if regularly appointed hearing officers are unable to serve.
(Ord. of 6-2-97, § 4-4(d))
Sec. 46-107. - Violations; payment of fines by mail.#
(a)
Unless otherwise designated in this section, a person charged with a violation of the provisions of this article relating to parking and notified in writing by a police officer or the traffic control officer, may personally appear at the town hall within seven days of the violation, instead of before the court and admit the truth of the charge and pay to the town clerk the fines for such violation which fines shall be set from time to time by the town council. A schedule of such fines shall be maintained on file in the town clerk's office.
(b)
All persons charged with a violation may pay such fine by mailing the tag and the amount of such violation, within seven days from such violation, by mail postage prepaid addressed to the Town Clerk, Town Hall, Ten Rod Road, Exeter, Rhode Island. Failure to appear within such time limits shall be deemed a waiver of the right to appear and to dispose of such charge without personal appearance in the court. The payment of the fine in the manner provided in this section shall operate as a final disposition of such charge, and such proceedings shall not be deemed to be of a criminal nature. The right to dispose of such charge without personal appearance in court may not be exercised by any person who in any consecutive period of 12 months next preceding such charge has been judged guilty by the court three or more times in the same period in the aggregate, or has admitted the truth of the charges relating to parking.
(c)
The notice in writing shall indicate the offense charged and shall also contain such information as will enable the person charged to take advantage of the provision relating to personal disposition without a court appearance. The notice may be by way of a parking tag or summons.
(d)
Unless otherwise specified in this section, a person charged with violating any provisions of this article shall be punished by a fine of not less than $5.00 nor more than $100.00 for each offense, and a person so charged shall not be permitted to dispose of such offense other than by a personal court appearance.
(Ord. of 6-2-97, § 4-8)
Secs. 46-108—46-140. - Reserved.#
ARTICLE IV. - MOTOR VEHICLES#
DIVISION 1. - GENERALLY#
Secs. 46-141—46-160. - Reserved.#
DIVISION 2. - SNOWMOBILES, GO-CARTS, MINIBIKES AND ALL-TERRAIN VEHICLES#
Sec. 46-161. - Operation on land of another; permission required.#
No person shall operate a snowmobile, motorized go-cart, minibike or an all-terrain vehicle upon town roads, or upon the land of another, without permission of the owner of the land to do so.
(Ord. of 1-3-72, § 1)
Sec. 46-162. - Carrying of firearms or hunting while using.#
No person shall carry a firearm upon a snowmobile, a motorized go-cart, a minibike or an all-terrain vehicle, or use any of such vehicles to chase or pursue game.
(Ord. of 1-3-72, § 2)
Secs. 46-163—46-185. - Reserved.#
Sec. 46-186. - Restricted on certain streets.#
The town council shall, with the advice of the traffic control officer, designate from time to time certain streets within the jurisdiction of the town where commercial vehicles shall not be driven or operated on except for the purpose of receiving, transporting or delivering merchandise or necessities to those who reside thereon. A current schedule of such streets shall be maintained on file in the town clerk's office.
(Ord. of 6-2-97, § 3-1)