Chapter 38 - OFFENSES AND MISCELLANEOUS PROVISIONS
Part of the Code of Ordinances of Jamestown, RI.
The text
Footnotes:
--- (1) --- State Law reference— Criminal offenses, G.L. 1956, § 11-1-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 38-1. - Closing hours of amusements and business places.#
(a)
No bowling alley, dancehall, place of entertainment, shop, store or other place of trade or business, except licensed taverns, pharmacies and victualing houses, shall be kept open between 12:00 midnight and 4:00 a.m., unless special permission extending the time shall be granted by the town council, or unless otherwise provided in this Code.
(b)
It is a violation for an owner or keeper of any bowling alley, dancehall, place of entertainment, shop, store or other place of trade or business, to open or keep open such establishment contrary to the provisions of subsection (a) of this section, and every person who shall open any bowling alley, dancehall, place of entertainment, shop, store or other place of trade or business contrary to the provisions of subsection (a) of this section shall be fined not more than $20.00.
(Code 1982, §§ 14-12, 14-13; Code 2003, § 38-1)
State Law reference— Authority to regulate bowling alleys, G.L. 1956, § 5-2-1; authority to regulate amusements, G.L. 1956, § 5-22-1; authority to regulate closing hours, G.L. 1956, § 5-22-3; Sunday operations, G.L. 1956, §§ 5-2-9, 5-23-1 et seq.; maximum penalty, G.L. 1956, § 5-22-3.
Secs. 38-2—38-20. - Reserved.#
ARTICLE II. - CONDUCT#
DIVISION 1. - GENERALLY#
Secs. 38-21—38-35. - Reserved.#
DIVISION 2. - DISORDERLY CONDUCT#
Footnotes:
--- (2) --- State Law reference— Disorderly conduct, G.L. 1956, §§ 11-11-1 et seq., 11-45-1 et seq.; prevention from carrying on employment, G.L. 1956, § 11-11-4; disturbance of public assembly, G.L. 1956, §§ 11-11-1, 11-11-2; nuisances, G.L. 1956, § 11-30-1 et seq.; disorderly persons, G.L. 1956, § 11-45-1.
Sec. 38-36. - Prohibited acts enumerated.#
No person acting alone or in concert with others shall: (1)
Act in an intimidating, violent or tumultuous manner toward another or others whereby any person is placed in fear of safety for such person's life, limb, health or well-being;
(2)
Act in an intimidating, violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged, mutilated, defaced, destroyed, and is in fact, mutilated, damaged, defaced or destroyed;
(3)
In a public place use words that are calculated, designed or likely to disrupt the peace, or language and words which by their very nature and utterance inflict, or are likely to inflict, injury, or which tend to incite outrage, turmoil or disturbance of the public peace;
(4)
Behave in an intimidating, violent or forceful manner at any time, in, upon and in the proximity of a public place in such manner that such conduct constitutes a clear and present danger to the free and lawful movement of any person and to the extent that any person will be, and is likely to be, restrained, enjoined, incapacitated or stopped in their lawful exercise of business, occupation, amusement, recreation and any other lawful pursuit;
(5)
Cause, provoke or engage in any fight, brawl, tumultuous or riotous conduct so as to endanger the life, limb, health or well-being of another;
(6)
Join, assemble and congregate with one or more persons for the causing, provoking or engaging in any fight or brawl;
(7)
Disturb the peace of another or others by violent, indecent, offensive, hostile, boisterous or obscene conduct, language or gestures; which conduct, gestures or language is designed or calculated and likely to cause anguish or injury to another or others;
(8)
Throw any stone, snowball or other missile or object upon or at any person, or vehicle, building, tree, sign or other public or private property;
(9)
Roughly or forcefully crowd, jostle or push any person in any public place;
(10)
Expectorate, urinate or defecate on any public street, alley, sidewalk or floor of any public place or public building, or any place where the public shall have the right to gather and to which it shall have access;
(11)
By acts of violence interfere with another's pursuit of a lawful occupation;
(12)
Wilfully, knowingly, wantonly or recklessly make a false alarm or cry of fire, a false request for assistance of any firefighting apparatus or personnel; likewise, willfully, knowingly, wantonly or recklessly make a false report or request for assistance of any public or private rescue or assistance services; or similarly, make a false cry, alarm or request for police assistance;
(13)
Prowl or wander in or upon the private property of another, or without good reason, or without visible or lawful business with the owner or occupant of such business, peek, peep or peer in any door or window of any building or structure thereon;
(14)
Maliciously or without good cause interrupt, harass or molest the speaker at any lawful assembly, meeting or gathering, or impair the lawful rights of others to participate in such assembly, meeting or gathering when such conduct is calculated or likely to provoke disorderly conduct and procedure of the assembly, meeting or gathering, or cause turmoil or disturbance at the assembly, meeting or gathering;
(15)
Act in a manner designed, likely or tending to cause or provoke a disturbance in any public building or place of business wherein matters affecting the public are being considered or deliberated and which is designed, likely or tending to interfere with the orderly conduct or procedure of such consideration or deliberation;
(16)
Frequent any public place with the intention to obtain money or other thing of value from another or others by illegal or fraudulent scheme, device, artifice or other illegal means;
(17)
Assemble for the purpose of engaging in any fraudulent scheme, device, artifice or trick to obtain any money or other thing of value in any place from any person;
(18)
Display any deadly weapon, or instrument or thing which by its appearance may be considered a deadly weapon, in any public place in a manner calculated and likely to alarm or frighten another or others; or
(19)
Join, collect or assemble in bodies or crowds for unlawful purposes as defined by any ordinance of the town.
(Code 1982, § 14-1; Code 2003, § 38-36)
State Law reference— Prevention from carrying on employment, G.L. 1956, § 11-11-4; false alarms, G.L. 1956, § 11-44-21; disorderly conduct, G.L. 1956, § 11-45-1.
Secs. 38-37—38-50. - Reserved.#
DIVISION 3. - LOITERING#
Sec. 38-51. - Loitering to the annoyance or disturbance of others.#
No person shall stand, sit, lounge or remain upon any sidewalk, street, highway, lane or alley, or in any doorway or entrance to any store, dwelling, church, hall, theater or other place of entertainment or upon or against any fence, stoop, step or platform to any dwelling house, store or other building, to the obstruction, hindrance, disturbance or annoyance of other persons traveling or passing along, upon any street, highway, lane or alley in such town or of persons residing or doing business in the vicinity of such areas, after being ordered or requested by any police officer to refrain from so doing.
(Code 1982, § 14-8; Code 2003, § 38-51)
State Law reference— Disorderly persons, G.L. 1956, § 11-45-1.
Sec. 38-52. - Sleeping in public place.#
It shall be unlawful for any person to sleep after sunset on any highway or other public place.
(Code 1982, § 14-3(a); Code 2003, § 38-52)
Secs. 38-53—38-70. - Reserved.#
ARTICLE III. - PROPERTY#
Sec. 38-71. - Damage to property.#
Every person who shall maliciously, wantonly or carelessly throw down, remove, break, damage or extinguish any lamp, lantern, electric, gas or other light, or the globe or other apparatus enclosing or surrounding such items, which has been erected and is being maintained either by the town or by any person for the purpose of lighting any street, highway, bridge or lane in the town, or who shall light or cause to be lighted any such lamp, lantern, electric, gas or other light, without first having been duly authorized, or who shall maliciously, wantonly, or carelessly, break down, deface, cut, scratch, or otherwise injure or damage any fence, post, signboard, sign, dwelling house, building or other structure or who shall break down, deface, cut, scratch or otherwise injure or damage any written, printed or painted public notice of any description, shall be punished as authorized by statute.
(Code 1982, § 14-9; Code 2003, § 38-71)
State Law reference— Vandalism, G.L. 1956, § 11-44-1.
Sec. 38-72. - Open cisterns, wells, cesspools, tanks or vaults.#
(a)
Whoever owns or occupies any land situated in the town within which there is situated a well, cistern, cesspool, tank or vault shall cause the apertures of each of the cavities to be closed at all times, or shall cause the apertures to be guarded at all times so as to render it impossible for persons or animals to fall into any such well, cistern, cesspool, tank or vault.
(b)
Any person who shall violate the provision of this section shall be fined as provided in section 1-15.
(Code 1982, § 14-10; Code 2003, § 38-72)
Secs. 38-73—38-90. - Reserved.#
ARTICLE IV. - ALCOHOLIC BEVERAGES#
Sec. 38-91. - Consumption.#
(a)
In motor vehicle or on street. No person shall consume any alcoholic beverage in any motor vehicle. No person shall consume any alcoholic beverages upon any public street in the town.
(b)
In public place. No person shall consume any alcoholic beverage in any public place other than premises licensed to serve alcoholic beverages or on any public property in the town, unless such premises are exempted from the provisions of this subsection by authority of the town council.
(Code 1982, §§ 14-4, 14-5; Code 2003, § 38-91)
State Law reference— Presence of alcoholic beverages while operating or riding in a motor vehicle. G.L. 1956, §§ 31-22-21.1, 3-8-16.
Sec. 38-92. - Reserved.#
Editor's note— Section 1(Exh. A) of an ordinance adopted June 15, 2020, repealed former § 38-92 which pertained to indecent intoxication creating disorderly disturbances, and derived from the 1982 Code, § 14-7; and the 2003 Code, § 38-92.
Secs. 38-93—38-110. - Reserved.#
ARTICLE V. - WEAPONS#
Footnotes:
--- (3) --- State Law reference— Discharge in compact area, G.L. 1956, § 11-47-50.
Sec. 38-111. - Use of rifled firearm while hunting.#
No person shall, while hunting within the town, use a rifled firearm, other than a shotgun outfitted with a rifled barrel or a muzzleloader with a rifled barrel.
(Code 1982, § 14-11(a); Code 2003, § 38-111; Ord. of 5-8-2006)
State Law reference— Weapons, G.L. 1956, § 11-47-1 et seq.
Sec. 38-112. - Definitions.#
The following definitions shall have the following meanings for the purposes of this chapter:
Discharge means the operation of a firearm as to cause the ignition of the powder charge with or without the expulsion of a projectile from the firearm.
Firearm includes any machine gun, pistol, rifle, or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles which are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.
Recreational target range means a non-commercial target range which may be located indoors or outdoors to practice the discharge of weapons aimed at a target.
(Ord. of 4-10-2017, § 1(Exh. A))
Sec. 38-113. - Firearm discharge.#
No person, not being at the time under police or military duty, shall discharge any firearm on Conanicut Island in the Town of Jamestown.
(Ord. of 4-10-2017, § 1(Exh. A))
Sec. 38-114. - Use of weapons in self-defense and hunting.#
No provision of this chapter shall be construed as prohibiting the use of firearms by licensed armed guards or by private persons in the town for the protection or defense of person or property and/or hunting in accordance with applicable provisions of the general laws.
(Ord. of 4-10-2017, § 1(Exh. A))
Sec. 38-115. - Enforcement.#
Any person violating the provisions of this section shall be punished as provided in section 1-15.
(Ord. of 4-10-2017, § 1(Exh. A))
Secs. 38-116—38-130. - Reserved.#
ARTICLE VI. - INDECENT EXPOSURE#
Sec. 38-131. - Removing clothing in public place.#
No person shall remove such person's clothing or change such person's wearing apparel on any public beach or land, or in any place which is within one-eighth of a mile of any public highway, public place, or dwelling house, except in a private residence or in bathing houses and pavilions provided for that purpose.
(Code 1982, § 14-21; Code 2003, § 38-131)
Sec. 38-132. - Changing clothes of child.#
No person shall remove the clothing or change the wearing apparel of any child in any public place where the removal of clothing or change of wearing apparel is prohibited under the terms of this article.
(Code 1982, § 14-22; Code 2003, § 38-132)
Sec. 38-133. - Entering water not properly clothed.#
No person shall enter the waters of Narragansett Bay or any other body of water, lying within or adjacent to the town, or appear on any public beach or in any public place whatsoever, unless so clothed as to prevent indecent exposure of the person.
(Code 1982, § 14-23; Code 2003, § 38-133)
Sec. 38-134. - Changing clothes in automobile or on beach.#
No person shall remove such person's clothing or change such person's wearing apparel, while in any automobile or other vehicle which is on or near any street or highway, or on any public beach, or in any public place whatsoever.
(Code 1982, § 14-20; Code 2003, § 38-134)
Secs. 38-135—38-139. - Reserved.#
ARTICLE VII. - CANNABIS#
Sec. 38-140. - Definitions.#
For the purposes of this chapter, "cannabis" shall be defined by G.L. 1956, 21-28.11-3 (6) as amended.
(Ord. of 9-19-2022, § 1(Exh. A))
Sec. 38-141. - Prohibition against cannabis smoking/vaporizing in public places.#
No person shall smoke or vaporize cannabis in public places, including outdoor common areas, parks, beaches, schools, school property, recreational facilities, motor vehicles on public property or highways, and other public spaces.
(Ord. of 9-19-2022, § 1(Exh. A))
Sec. 38-142. - Prohibition against cannabis smoking/vaporizing in places of business.#
No person shall smoke or vaporize cannabis in any establishment, retail space or other space licensed or required to be licensed by the state or the town.
(Ord. of 9-19-2022, § 1(Exh. A))
Sec. 38-143. - Violations; penalties; enforcement.#
(a)
Any person who violates the provisions of this chapter may be fined $100.00 for the first offense, up to $250.00 for the second offense, and up to $500.00 for the third offense.
(b)
All members of the police department are authorized to enforce the provisions of this article.
(Ord. of 9-19-2022, § 1(Exh. A))