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Sec. 1-1. - Designation and citation of Code.#
The ordinances embraced in this and in the following chapters shall be designated and cited as the "Revised Code of Ordinances, Town of Jamestown, Rhode Island."
(Code 1982, § 1-1; Code 2003, § 1-1)
State Law reference— Publication of ordinances as directed by town council, G.L. 1956, § 45-6-7.
Sec. 1-2. - Definitions and rules of construction.#
(a)
In the construction of this Code and of all ordinances hereafter enacted, and of any regulation promulgated pursuant thereto, the following interpretations shall be placed on the words and phrases mentioned in this subsection, unless such construction or interpretation is manifestly inconsistent with the evident intent of the town council or the qualified voters, or repugnant to the context or to the evident purport of any ordinance:
Charter. The term "Charter" means the Charter of the Town of Jamestown, Rhode Island.
Code. The term "Code" means the Revised Code of Ordinances, Town of Jamestown, Rhode Island.
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; and if the last day is Sunday or a legal holiday, that shall be excluded. State Law reference— Similar provisions, G.L. 1956, § 43-3-13.
Conjunctions. Where a provision involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be interpreted as follows, provided in appropriate cases the terms "and" and "or" are interchangeable: (1)
The term "and" indicates that all the connected items, conditions, provisions or events shall apply.
(2)
The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(3)
The term "either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.
Corporate limits, corporation limits and town limits. Whenever the terms "corporate limits," "corporation limits" or "town limits" are used, they mean the legal boundary of the Town of Jamestown, Rhode Island.
Council and town council. The terms "council" and "town council" mean the governing body of the Town of Jamestown, Rhode Island.
County. The term "county" means Newport County, Rhode Island.
Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the town 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 make the required inspection unless the terms of the provision of sections designate otherwise.
Gender. A term importing the one gender only shall extend and be applied to the other genders. State Law reference— Similar provisions, G.L. 1956, § 43-3-3.
G.L. 1956. The term "G.L. 1956" means the latest edition or reenactment of the General Laws of Rhode Island.
Interpretation. In the interpretation and application of any provision of this Code, 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 Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, 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 and proprietor. The terms "keeper" and "proprietor" mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
May. The term "may" is permissible and not mandatory.
May not. The term "may not" states a prohibition.
Month. The term "month" means 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 Every term importing the singular number only may be construed to extend to and to include the plural number also, and every word importing the plural number only may be construed to extend to and to embrace the singular number also. State Law reference— Similar provisions, G.L. 1956, § 43-3-4.
Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." State Law reference— Similar provisions, G.L. 1956, § 43-3-11.
Officers, employees, departments, boards, committees, commissions, etc. Whenever the title of an officer, employee, department, board, committee or commission is used, it shall mean the officer, employee, department, board, committee or commission of the Town of Jamestown, Rhode Island, and shall include duly authorized subordinates.
Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
Person. The term "person" includes a corporation, firm, partnership, association, organization, club, society, body corporate or politic, or any other group acting as a unit, as well as a natural person. 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 described in this section.
Preceding and following. The terms "preceding" and "following" mean next before and next after, respectively. State Law reference— Similar provisions, G.L. 1956, § 43-3-16.
Premises. Whenever the term "premises" is used, it means place or places.
Property. The term "property" includes real and personal property.
Public place. The term "public place" includes, without limitation, any park, cemetery, schoolyard or open space adjacent thereto, and all beaches, canals or other waterways, and any public street or way.
Real property. The term "real property" includes lands, tenements and hereditaments and rights thereto and interests therein. State Law reference— Similar provisions, G.L. 1956, § 43-3-10.
Seal. Whenever the term "seal" is used, it means the town or corporate seal.
Shall. The term "shall" is to be construed as being mandatory.
Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature and subscription. The "signature" and "subscription" of a person include a mark when the person cannot write.
State. The term "state" means the State of Rhode Island.
Streets, highways and ways. The terms "streets," "highways" and "ways," shall be construed as including boulevards, avenues, courts, lanes, alleys, squares, places and sidewalks, and each of these words include each of the others, unless otherwise indicated.
Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, 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. Terms used in the past or present tense include the future as well as the past and present.
Town. The term "town" means the Town of Jamestown, Rhode Island.
Week. The term "week" shall be construed to mean seven days.
Written and in writing. The terms "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. State Law reference— Similar provisions, G.L. 1956, § 43-3-16.
Year. The term "year" means a calendar year. State Law reference— Similar provisions, G.L. 1956, § 43-3-12.
(b)
The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the specific. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
(Code 1982, § 1-3; Code 2003, § 1-2)
Sec. 1-3. - Catchlines of sections.#
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section, and unless otherwise expressly so provided, shall not be deemed or taken to be titles of such sections, or as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(Code 1982, § 1-2; Code 2003, § 1-3)
Sec. 1-4. - References to chapters, articles, divisions and sections.#
All references to chapters, articles, divisions or sections in this Code are references to those of this Code of Ordinances unless otherwise specified.
(Code 2003, § 1-4)
Sec. 1-5. - History notes.#
The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.
(Code 1982, § 1-4; Code 2003, § 1-5)
Sec. 1-6. - References and editor's notes.#
The references and editor's notes appearing throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code.
(Code 2003, § 1-6)
Sec. 1-7. - Continuation of existing ordinances.#
The provisions appearing in this Code, insofar as they are the same as those of ordinances existing at the time of adoption of this Code, shall be considered as continuations thereof and not as new enactments.
(Code 2003, § 1-7)
Sec. 1-8. - Ordinances not affected by Code.#
Nothing in this Code or the ordinance adopting this Code shall affect the following when not in conflict with the Code: (1)
Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before this Code.
(2)
Any ordinance promising or guaranteeing the payment of money for the town, or authorizing the issuance of any bonds of the town or any evidence of the town's indebtedness, or any contract or obligation assumed by the town.
(3)
Any administrative ordinances of the town, not in conflict or inconsistent with the provisions of this Code.
(4)
Any ordinance fixing salaries of officers or employees of the town.
(5)
Any appropriation ordinance.
(6)
Any right or franchise granted by the council to any person, firm or corporation.
(7)
Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the town.
(8)
Any ordinance establishing and prescribing the street grades of any street in the town.
(9)
Any ordinance providing for local improvements or assessing taxes for such improvements.
(10)
Any ordinance dedicating or accepting any plat or subdivision in the town, or providing regulations for the subdivision of land.
(11)
Any ordinance annexing property to the town.
(12)
Any ordinance rezoning property in the town.
(13)
Any ordinance regulating the erection, alteration, repair, demolition, moving or removal of buildings or other structures.
(14)
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 this Code.
(15)
Any ordinance fixing fees, rates and charges.
(16)
Any ordinance approving a redevelopment area.
(17)
Any ordinance levying or imposing taxes.
(18)
Departments and organization of the departments.
All such ordinances are recognized as continuing in full force and effect to the same extent as if set out at length in this Code. All ordinances are on file in the town clerk's office.
(Code 2003, § 1-8; Ord. of 5-10-1982, § 8)
Sec. 1-9. - Effect of repeal of ordinance.#
(a)
The repeal of an ordinance shall not revive any ordinances that had previously been repealed.
(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.
(Code 1982, § 1-6; Code 2003, § 1-9)
State Law reference— Similar provisions, G.L. 1956, §§ 43-3-22—43-3-24.
Sec. 1-10. - Amendments to Code.#
(a)
All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, 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 Code by omission thereof from reprinted pages affected thereby.
(b)
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of the Code in substantially the following language: "That section _____ of the Revised Code of Ordinances, Town of Jamestown, Rhode Island, is hereby amended as follows:…." Existing and new provisions as required by the Charter, section 215, shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate the matter to be omitted by enclosing it in brackets or by strike-out type and shall indicate new matter by underscoring or by italics.
(c)
If a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Revised Code of Ordinances, Town of Jamestown, 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:…." Existing and new provisions as required by the Charter, section 215, shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strike-out type and shall indicate new matter by underscoring or by italics.
(d)
In lieu of subsection (c) of this section, when the council desires to enact an ordinance of a general permanent nature embracing a subject not previously existing in the Code, which the council desires to incorporate into the Code, a provision in substantially the following language may be made a part of the ordinance: "It is the intention of the council, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Revised Code of Ordinances, Town of Jamestown, Rhode Island, and the sections of this ordinance may be renumbered to accomplish such intention."
(e)
All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be, and the repealed provisions set out as required by the Charter.
(Code 1982, § 1-4; Code 2003, § 1-10)
Sec. 1-11. - Supplementation of Code.#
(a)
By contract or by town personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the town council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the town council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code 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 Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c)
When preparing a supplement to the Code, 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 code. 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 Code 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 Code and, where necessary to accommodate new material, change existing sections 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 Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted in the Code;
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 Code.
(Code 1982, § 1-5; Code 2003, § 1-11)
Sec. 1-12. - Severability of parts of Code.#
It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the phrases, clauses, sentences, paragraphs and sections would have been enacted by the council without the incorporation in this Code of any such unconstitutional, invalid or unenforceable phrase, clause, sentence, paragraph or section.
(Code 1982, § 1-10; Code 2003, § 1-12)
Sec. 1-13. - Altering Code.#
It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever, which will cause the law of the town to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-15.
(Code 1982, § 1-9; Code 2003, § 1-13)
State Law reference— Forgery and counterfeiting, G.L. 1956, § 11-17-1.
Sec. 1-14. - Prosecution where same act unlawful under different provisions.#
In all cases where the same offense is made punishable, or is created, by different clauses or sections of this Code or other ordinances of the town, the prosecuting officer may elect under which to proceed.
(Code 1982, § 1-7; Code 2003, § 1-14)
Sec. 1-15. - General penalty; continuing violations; nuisance abatement.#
(a)
Except as otherwise provided by law or ordinance violations of this Code shall be punished by a fine of not more than $500.00 or by imprisonment of not more than 30 days in some jail or house of correction and/or restitution may be required in cases involving property damage or personal injury in an amount up to $2,500.00 and/or voluntary community restitution for a town agency for not more than ten days for any one offense.
(b)
Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.
(c)
Except as otherwise provided by law or ordinance:
(1)
With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
(2)
With respect to violations of this Code that are not continuous with respect to time, each day the violation continues is a separate offense.
(d)
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative sanctions.
(e)
In this section, the term "violation of this Code" means:
(1)
Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;
(2)
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or
(3)
Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
(f)
In this section, the term "violation of this Code" does not include the failure of a town officer or town employee to perform an official duty, unless it is provided that failure to perform the duty is to be punished as provided in this section or it is clear from the context that it is the intent to impose the penalty provided for in this section upon the officer or employee.
(Code 1982, § 1-8; Code 2003, § 1-15)
State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2.
Sec. 1-16. - Prior offenses, penalties, contracts or rights not affected by adoption of Code.#
(a)
Nothing in this Code or the ordinance adopting this Code 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 Code.
(b)
The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance or resolution in effect on the date of adoption of this Code.