The text
Footnotes:
--- (1) --- Charter reference— Public safety, art. 8; police department, art. 8, ch. 2.
Cross reference— Administration, ch. 2; courts, ch. 18; miscellaneous offenses, ch. 46; personnel, ch. 54; traffic and vehicles, ch. 74.
ARTICLE I. - IN GENERAL#
Secs. 38-1—38-20. - Reserved.#
ARTICLE II. - POLICE DEPARTMENT#
Footnotes:
--- (2) --- Charter reference— Department of public safety, § 8-1-1; police department, §§ 8-2-1—8-2-5.
Cross reference— Officers and employees, § 2-201 et seq.; police department pension plan, § 58-66 et seq.; authority of police department to collect fines, § 74-3.
State Law reference— Standards for law enforcement officers, G.L. 1956, § 42-28.2-1 et seq.
Sec. 38-21. - Rules and regulations adopted by reference.#
In accordance with the requirements of chapter 2 of article 8 of the Charter of the town, the rules and regulations of the town police department are hereby adopted by reference and approved. A copy of the rules and regulations shall remain on file in the town clerk's office in accordance with the provisions of section 38-22.
(Code 1986, § 11-17)
Sec. 38-22. - Personnel regulations; department rules.#
All personnel rules and regulations, qualifications and rules of the police department are on file in the town clerk's office.
(Code 1986, § 11-16)
Sec. 38-23. - Qualifications for appointment to the police department.#
(a)
A candidate for initial appointment to the police department, excluding the office of chief of police, must meet the following minimum qualifications:
(1)
Must be a citizen of the United States;
(2)
Must be a resident of the state upon appointment;
(3)
Must be 21 years of age or older upon appointment.
(4)
Height must be proportionate to weight;
(5)
Vision must be not less than 20/30 correctable to 20/20 and must be able to distinguish colors;
(6)
Must have a valid unrestricted state driver's license upon appointment;
(7)
Must have a minimum of 60 college credit hours or two consecutive years of honorable active duty or reserve military service or one year full-time employment as a police officer, corrections officer, or equivalent law enforcement experience at an agency with arrest powers by the date of application.
(b)
Each candidate meeting the above minimum qualifications will be required to take a validated written examination administered by the department or a department approved administrator. A passing grade of not less than 70 percent is required in order to continue with the application process.
(c)
Each candidate passing the written examination must pass the physical agility test as mandated and administered by the Police Officers Commission on Standards and Training.
(d)
A minimum of the top 15 successful candidates who have passed the written examination and physical agility test shall be subjected to a three-person oral board. A maximum score of 50 percent will be awarded by the oral board. Nothing contained in this section shall prohibit the town from including more than 15 candidates in the oral board.
(e)
Each successful candidate will be investigated by the detective unit as to his/her background and eligibility to be appointed to the department. Successful candidates will be required to submit proof of:
(1)
High school graduation or GED certification;
(2)
Birth certificate;
(3)
Driver's license;
(4)
Military discharge, 60 college credits or prior police service, if any;
(5)
Proof of state residency.
Each candidate will be required to submit appropriate waivers of any confidential information so that the investigating officers can conduct a full and complete background investigation.
(f)
An eligibility list of successful candidates will be established. The list will be finalized on the following:
(1)
Written examination maximum score of 500 points .....50 percent
(2)
Oral board maximum score 500 points .....50 percent
(3)
Physical fitness test .....pass/fail
(4)
Background investigation .....pass/fail
(5)
Personal interview by chief of police, executive officer and director of public safety .....pass/fail
A maximum of 1,000 points will be awarded to establish the final list which will be computed down to a percentage of thousands of a percent. The chief of police, with the approval of the director of public safety, will select whom to appoint from the top five candidates.
(g)
When the final list is established and prior to appointment, each candidate will be required to submit to and pass a physical examination and a psychological examination as defined by state statute law. The physical examination will be graded as: recommended for appointment or not recommended for appointment. The psychological evaluation will be graded unsatisfactory-below average through satisfactory-above average. Candidates graded unsatisfactory-below average will not be considered for appointment and will be struck from the final list for appointment.
(h)
A candidate has the right of appeal on any part of the testing procedure to the chief of police and the director of public safety. Their decision will be final.
(i)
An active police officer who has been certified by the RI Police Officers Commission on Standards and Training may be hired, at the discretion of the chief of police and with the approval of director of public safety, as a lateral transfer without completing subsections (b) through (d) contingent upon the RI Police Officer Standard and Training (POST) approval.
(j)
The appointment of candidates from the finalized list will be subject to the hiring practices as set forth by the Town Charter and ordinances of the town.
(Code 1986, § 11-18; Ch. 864, § 1, 7-18-2005; Ch. 1092, § 1, 3-21-2022; Ch. 1112, § 1, 9-18-2023)
State Law reference— Qualifications and standards, G.L. 1956, § 42-28.2-8.
Sec. 38-24. - Qualifications for appointment to chief of police.#
(a)
The chief of police of the town, before being appointed to such office, shall possess the following qualifications:
(1)
Five years of experience in the rank of lieutenant or above in any full-time organized police department in the United States.
(2)
Five years of experience in the organization, management, and direction of police personnel.
(3)
A bachelor's degree or above, including at least 30 credit hours of college-level courses relating to law enforcement. Alternatively, with the approval of the town manager, the chief of police may satisfy the requirements set forth herein based upon significant law enforcement experience and based upon enrollment in a college program for a bachelor's degree which shall, unless extended due to extenuating circumstances relating to course availability or schedules, be achieved not later than 24 months after the individual's appointment as chief of police.
(4)
Successful completion of a complete physical and psychological examination at a facility recommended by the town.
(b)
Except in the case of the appointment of the deputy chief to the position of chief of police, the appointment of a chief of police shall be in accordance with the following provisions:
(1)
The vacancy in the office of chief of police shall be advertised in a newspaper with statewide daily circulations;
(2)
The vacancy shall be posted for a minimum of 21 days;
(3)
The town manager shall appoint a screening committee of at least five members who shall review the qualifications of the candidates and recommend the top five qualifiers to the town manager. The town manager shall review the qualifications of and interview the top five qualifiers.
(c)
The appointment of the chief of police shall be either the deputy chief or, if a screening committee is appointed in accordance with subsection (b) hereof, then from among the top five qualifiers of the candidates by the town manager with the advice and consent of the town council. Advice and consent of the town council shall be exercised by a vote of the town council occurring at a public meeting of the town council which has been properly posted in accordance with the open meetings law.
(d) Reserved.
(e)
Every appointment of a chief of police made under the provisions of this section shall be considered a permanent appointment, subject, however, to the provisions of removal and retirement provided for by the Charter and ordinances of the town.
(Ch. 819, §§ 1—5, 6-17-2002; Ch. 886, §§ 1—3, 7-2-2007; Ch. 933, § 1, 8-2-2010)
Editor's note— Ch. 886, § 3, adopted July 2, 2007, repealed subsection (d) which pertained to residency requirements for chief of police.
Charter reference— Appointment of the police chief, § 8-2-2.
Secs. 38-25—38-45. - Reserved.#
ARTICLE III. - BURGLARY AND ROBBERY ALARM SYSTEMS#
Footnotes:
--- (3) --- State Law reference— Burglar alarm systems, G.L. 1956, § 5-57-1 et seq.; fire alarm systems, G.L. 1956, § 23-28.25-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 38-46. - Title.#
This article shall be known as "The Burglary and Robbery Alarm Ordinance."
(Code 1986, § 11-31)
Sec. 38-47. - Purpose of article.#
The purpose of this article is to protect the emergency services of the town from misuse.
(Code 1986, § 11-32)
Sec. 38-48. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Central station means an office or telephone answering service to which remote alarm and supervisory signaling devices are connected, having trained operators in attendance at all times.
Direct line means a telephone line leading directly from any location within the town to the communication center of the police department that is for use only to report emergency signals.
False alarm means the reception of an alarm signal in the communication center of the police department, eliciting a response by emergency personnel when a situation requiring a response by such emergency personnel does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.
Primary trunk line means a telephone line leading directly into the communication center of the police department or fire department that is for the purpose of handling emergency calls on a person-to-person basis, and which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company serving the town.
Secondary trunk line means a telephone line leading into the police communication center that is identified by a specific listing among the emergency numbers in the telephone directory for handling administrative or routine calls on a person-to-person basis.
Special trunk line means a nonpublished telephone number in the police communications center reserved exclusively for the reception of emergency voice signals.
Tie line means an automatic ring-down telephone line between any central station or telephone answering service and the communications center of the police department.
(Code 1986, § 11-33)
Cross reference— Definitions generally, § 1-2.
Sec. 38-49. - Automatic dialing device.#
(a)
Restrictions on keying to trunk lines.
(1)
All new installations of automatic dialing devices shall be interconnected to a special trunk line.
(2)
Prior to the installation of any automatic dialing device authorization must be obtained from the chief of police, and an alarm users' permit must be obtained.
(b)
Intermediary services.
(1)
Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to a central station protective system or licensed answering service.
(2)
The relaying of messages by intermediate services to the police department shall be over special trunk lines or tie lines.
(Code 1986, §§ 11-34, 11-35)
Sec. 38-50. - Direct connections to police department.#
(a)
Upon approval of the chief of police a direct line alarm system for any location within the town may be terminated in the police communications center.
(b)
The chief of police shall have the authority to establish a standard for the annunciator panels located within the police communications center. This does not apply to the type or brand of alarm system installed at the premises of the subscriber; however, all subscriber alarm systems must be electrically compatible with the alarm annunciator panels located within the police communications center.
(c)
The alarm business contracting for servicing a subscriber approved for a direct alarm connection shall be responsible for obtaining and maintaining all appropriate equipment.
(Code 1986, § 11-36)
Sec. 38-51. - Inspection of alarm devices and businesses.#
For the purpose of enforcing the provisions of this article, the police chief or his agent shall have the authority at reasonable times and upon reasonable oral notice to enter any premises in the town in or upon which alarm systems or intermediary service subject to this article are located, and to inspect the installation or operation of such alarm systems or alarm businesses on official police business.
(Code 1986, § 11-37)
Sec. 38-52. - Confidentiality.#
All information submitted in compliance with this article shall be held in confidence, and any violation of confidentiality shall be deemed a violation of this article.
(Code 1986, § 11-38)
Sec. 38-53. - Liability of town limited.#
The town shall not be liable for any defects in operation of automatic protection devices and signal line systems, or for any failure or neglect to respond appropriately upon receipt of an alarm from such a source.
(Code 1986, § 11-41)
Sec. 38-54. - Penalties for violation of article.#
Failure of any person to comply with the requirements of written notice of a violation of any provision of this article within three days of receipt of such notice, exclusive of Saturdays, Sundays and holidays shall constitute an offense punishable as provided in section 1-14. Each succeeding day after the three days allowed for compliance shall constitute a separate offense.
(Code 1986, § 11-42)
Secs. 38-55—38-70. - Reserved.#
DIVISION 2. - PERMIT#
Footnotes:
--- (4) --- State Law reference— Burglar alarm permit, fee, G.L. 1956, § 5-57-38.
Sec. 38-71. - Alarm user permits.#
(a)
Required. Every alarm user shall obtain an alarm user's permit for each system from the police chief's office 90 days after the effective date of the ordinance from which this section derives or prior to use of an alarm system. This subsection excludes systems to signal persons within the premises, or alarms on motor vehicles unless connected with an alarm system at a premises (other than a proprietary system). If a system employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, it shall be subject to this section.
(b)
Application. The alarm user applying for the permit shall use a permit application form prepared by the police department and approved by the town solicitor. Each permit shall bear the signature of the chief of police and shall be for a period of one year. All permits shall expire on December 31 of each and every year. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the chief of police.
(c)
Fee. The alarm user permit fee shall be:
(1)
Special trunk line .....$20.00
(2)
Direct line .....20.00
(3)
Tie line .....10.00
An alarm user which is a government or political unit shall be subject to this section, but a permit shall be issued without payment of fee and shall not be subject to revocation. The government or political unit shall not be subject to payment of additional fees or the imposition of any penalty provided in this section.
(d)
Special alarm user permit. An alarm user required by law to install, maintain and operate an alarm system shall be subject to this section, provided that:
(1)
A permit shall be designated a special alarm user's permit.
(2)
It shall not be subject to revocation because of false alarms, but the holder of the permit shall pay $25.00 with submission of the report required by section 38-86(b).
(e)
Identification. Each alarm shall be assigned a five-digit code for identification purposes.
(f)
Transferability. No alarm user permit issued pursuant to this article shall be transferable.
(g)
Violation. Any alarm system user who operates an alarm system without first obtaining a permit as required by this section, or who, after having a permit revoked or suspended, and after exhausting his rights to hearing and appeal fails to disconnect his alarm system, shall be in violation of this section.
(Code 1986, § 11-39)
Secs. 38-72—38-85. - Reserved.#
DIVISION 3. - REGULATIONS#
Sec. 38-86. - False alarms.#
(a)
More than four false alarms in a calendar year from any alarm system for which an alarm user permit has been obtained may constitute grounds for revocation of such permit, subject to the provisions of this section.
(b)
After the department has recorded four false alarms in a year, it shall notify the permit holder in writing of such fact, and require that the permit holder report to the chief of police within 15 days his effort to eliminate false alarms. If the permit holder fails to submit a report within 15 days or of reasonable extension for good cause, the police chief may revoke the user's permit, and, under such circumstances, the user shall not be entitled to a hearing or appeal under this section.
(c)
If the alarm user submits an unsatisfactory report or has one or more false alarms during the same calendar year after submitting a satisfactory report, the police chief may issue written notice by first class mail of his intent to revoke or suspend the alarm user's permit.
(d)
Upon receipt of a notice of intent to revoke or suspend, the permit holder may, within ten days, submit a written request for a hearing before the police chief and the director of public safety. The chief of police shall notify the holder of the time and place of hearing by mail ten days prior to the date of the hearing.
(e)
Any person whose permit has been revoked or suspended shall have the right, within ten days of having received notice, to appeal to the town council. He shall not be required to discontinue the alarm system until a final decision is made on his appeal.
(f)
An alarm system user whose permit has been revoked may apply for a new permit. The chief of police may impose reasonable restrictions and conditions upon issuing a new permit to an alarm user with respect to the particular system for which the permit was revoked.
(g)
The fee for false alarms over three per calendar year shall be $10.00 for each false alarm thereafter during such year.
(Code 1986, § 11-40)