Chapter 46 - MISCELLANEOUS OFFENSES
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (1) --- Cross reference— Courts, ch. 18; law enforcement, ch. 38; traffic and vehicles, ch. 74.
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.
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:
Public place means any place, structure or building to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front, parking lot or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas, parks or beaches.
(Code 1986, § 13-1)
Cross reference— Definitions generally, § 1-2.
Sec. 46-2. - Exemptions.#
The provisions of this chapter shall not be construed to suppress the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws or ordinances.
(Code 1986, § 13-2)
Sec. 46-3. - Disorderly conduct.#
A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public place: (1)
Commits an act in a violent and tumultuous manner toward another whereby the other is placed in danger of his life, limb or health;
(2)
Commits an act in a violent and tumultuous manner towards another whereby the property of any person is placed in danger of being destroyed or damaged;
(3)
Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
(4)
Behaves in an intimidating, violent or forceful manner at any time in, upon or 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 or to the extent that any other person will be, or is likely to be, restrained, enjoined, incapacitated or stopped in their lawful exercise of business, occupation, amusement, recreation or any other lawful pursuit;
(5)
Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way or public place when ordered to do so by the town police or other lawful authority;
(6)
Disturbs the peace of another or others by violent, indecent, offensive, hostile, boisterous or obscene conduct, which conduct, is designed or calculated or likely to cause anguish or injury to another or others;
(7)
Damages, befouls, urinates, defecates or disturbs a public place or the property of another so as to create a hazardous, unhealthy or physically offensive condition, or throws, drops or places any bottle, can, paper, or other litter in a public place or on the property of another;
(8)
Acts in a manner designed, likely or tending to cause or provoke 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.
(Code 1986, § 13-3)
State Law reference— Disorderly conduct, G.L. 1956, § 11-45-1; litter control, G.L. 1956, § 37-15-1 et seq.; indecent intoxication, G.L. 1956, § 45-6-3.
Sec. 46-4. - Throwing objects or missiles.#
It shall be unlawful for any person to throw any missile or object upon or at any person, vehicle, building, tree, sign or other public or private property.
(Code 1986, § 13-4)
State Law reference— Firing across highways prohibited, G.L. 1956, § 11-47-49.
Sec. 46-5. - Obeying order to disperse.#
It shall be unlawful for any person to fail to obey a lawful order to disperse by a police officer, when known to be such an official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened.
(Code 1986, § 13-5)
Sec. 46-6. - Sleeping in public places.#
It shall be unlawful for any person to sleep between the hours of 11:00 p.m. to 6:00 a.m. on any public bench or picnic area, or in a motor vehicle parked in any public place, public beach or picnic area in the town.
(Code 1986, § 13-7)
Sec. 46-7. - Firearms prohibited; exception.#
The use of firearms, as defined in G.L. 1956, § 11-47-2, within the town is prohibited, except on ranges for rifle or pistol shooting that meet the requirements of the police department.
(Code 1986, § 13-8)
Sec. 46-8. - Consumption or possession of alcoholic beverages.#
It shall be unlawful for any person to drink, consume or possess any alcoholic beverages in any motor vehicle either parked or being operated, or in any public place, as defined by the Code, within the town, except for such beverages served on the premises of alcoholic beverage licensees during the hours permitted by law, and except as specifically provided for herein, to wit: (1)
Town beach facilities—Clubhouse.
a.
Alcohol service is limited to the clubhouse and those portions of the beach so defined by this section in conjunction with a clubhouse rental event.
b.
Alcohol service and consumption are only allowed (pursuant to the conditions noted herein) on the beach in the area directly to the east of the clubhouse facility proper, extending out a distance of 30 feet from the easterly edge of the deck, and bounded to the north by the extension (in the sand) of the north building lines and bounded to the south to include the existing east/west cement walkway adjacent to the clubhouse deck, and 30 feet of the existing north/south cement walkway between the clubhouse and the North Beach Pavilion and the northeast corner (20 feet long × 15 feet wide) of the existing 25-foot × 50-foot cement pad. The town will provide temporary markings and signage for each approved event to delineate the area defined under this section.
c.
Permission to use the beach area as part of a clubhouse rental event (with or without approval to consume alcohol) does not change the allowable occupancy for said event. The maximum occupancy (with or without the use of the beach area) will be in accordance with the town's established rental policies and will be a function of restroom facility capacity as determined by the town engineer or his/her designee and the State Fire Code, whichever is more restrictive.
d.
The sponsor of any event in which alcohol consumption on the beach is permitted by the town under this section shall pay for a fire detail to regulate building occupancy for the duration of the event. The town reserves the right to require a police detail as well, also at the sponsor's cost. An additional facility rental fee will also be established by the town for said events that include beach and/or beach tent usage.
e.
The ability to make use of the aforementioned limited beach area shall be provided only to nonprofit corporations that are also exempt from taxation under Section 503(c) of the Internal Revenue Code.
f.
Any request for permission for alcohol consumption on the beach (with said permission to be strictly limited to the area defined above) shall require the applicant to obtain approval from the town council prior to the date of the proposed event. As a part of the application process, the applicant shall personally appear before the town council at a public meeting to explain the purpose of the event and the measures that will be taken to control the event. Unless the applicant (or his/her duly authorized agent for the event in question) possesses a class P caterer's license, the applicant shall also be required to apply for and obtain a class F or class F-1 license for the event from the town council, prior to the event being held.
g.
Alcohol consumption on the beach in the area so designated by the town shall cease no later than 11:00 p.m.
h.
The applicant will have to provide for additional sanitation facilities on the beach if the event will host more than the allowable clubhouse occupancy.
i.
The applicant will be responsible for providing and maintaining rubbish removal facilities on the beach for his/her event.
j.
For applications that include beach tent rentals, the applicant must provide this request to the town at least four weeks prior to the date of the event. The maximum beach tent size will be such that the tent must fit within the beach area designated under subsection (1)b. above. The town must approve all tents as to size, style, and color, and the fire marshal must approve and certify all tents as being in conformance with the applicable state fire codes.
k.
Access to the beach area as part of a clubhouse rental shall be in accordance with the clubhouse rental policies in terms of access times, designated parking, and other such administrative matters.
(Code 1986, § 13-9; Ch. 913, § 1, 7-6-2009; Ch. 915, § 1, 7-20-2009; Ch. 922, § 1, 9-21-2009; Ch. 939, § 1, 1-3-2011; Ch. 947, § 1, 9-13-2011; Ch. 1044, § 1, 11-20-2017)
Cross reference— Alcoholic beverages, § 14-66 et seq.
State Law reference— Consumption of alcoholic beverages while operating a vehicle, G.L. 1956, § 32-22-21; indecent intoxication, G.L. 1956, § 45-6-3.
Sec. 46-9. - Smoking or vaporizing and use of tobacco and/or cannabis products prohibited during youth events held at town athletic and recreational facilities, on all Town of Narragansett owned property and at other designated public places.#
(a)
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:
Athletic or recreational facilities owned or leased by the town means any athletic or recreational facility including, but not limited to, the town beach, any playing field, ball field, basketball court, tennis court, or playground which is owned and operated by the town.
Cannabis products means products that have been manufactured and contain cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other ingredients that are intended for use or consumption.
Tobacco products means any tobacco products containing nicotine or tobacco
Town-owned property means any building, structure, occupied land or vacant land owned or leased by the Town of Narragansett.
Vaporizing means any handheld battery vaporizer or e-cigarette that simulates smoking.
(b)
Smoking or vaporizing. Smoking or vaporizing and other uses of tobacco products and/or cannabis products are hereby prohibited at any athletic or recreational facility owned or leased by the town during scheduled youth events, as well as the Courtyard at the Towers, on any town-owned property, except in properly designated smoking areas and prohibited at the town beach at all times.
(c)
Penalty for violation of section. Any person found violating this section shall be subject to immediate ejection from the athletic or recreational facility or the Courtyard at the Towers and/or be subject to a fine of up to $100.00.
(Code 1986, § 13-10; Ch. 915, § 2, 7-20-2009; Ch. 988, § 1, 10-7-2013; Ch. 1042, § 1, 8-21-2017; Ch. 1096, § 1, 8-1-2022)
State Law reference— Smoking prohibited in public places, G.L. 1956, § 23-20.6-2.
Sec. 46-10. - Unlawful possession or consumption of alcoholic beverages by underage persons.#
(a)
Except as provided for herein, it shall be prohibited under the terms of this section for any person under the age of 21 years to purchase, possess or consume any alcoholic beverages within the town.
(b)
No person who exercises control over private real property may allow any other person under the age of 21 years who is not a child or minor ward of the person to possess or consume alcoholic beverages on the property, or allow any other person under the age of 21 years who is not a child or minor ward of the person to remain on the property if the person under the age of 21 years possesses or consumes alcoholic beverages on the property. The prohibitions of this subsection apply only to a person who is present and in control of the location at the time the possession or consumption occurs. The prohibitions of this subsection do not apply to the owner of rental property, or the agent of an owner of rental property, unless the possession or consumption occurs in the individual unit in which the owner or agent resides or unless the possession or consumption occurs while the owner or agent is present on the property.
(c)
The odor or presence of alcoholic beverages upon the breath of any minor shall be prima facie evidence of possession for the purposes of this section. If a law enforcement officer has reasonable grounds to believe that a minor has consumed any alcoholic beverage, the officer may require the minor to submit to a field evidentiary test.
(d)
Nothing contained in this chapter shall be construed as prohibiting a parent or legal guardian of a minor from giving a minor alcoholic beverages or permit a minor to consume it within the home of the parent or legal guardian of the minor or at other private places not in view of the public where the parent or legal guardian is present.
(e)
Reserved.
(Ch. 848, § 6-21-2004; Ch. 903, § 1, 10-20-2008; Ch. 905, § 1, 1-5-2009; Ch. 1005, § 2, 11-3-2014)
Sec. 46-11. - Permit to possess kegs required.#
(a)
Definitions. For the purpose of this section the following definitions shall apply:
The definitions contained in the Narragansett Zoning Ordinance [Appendix A of this volume] are hereby incorporated herein as if fully set forth in their entirety.
Intoxicating liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight.
Kegs. Containers designed for and capable of holding intoxicating or non-intoxicating malt liquor to be dispensed from a tapper.
Nonintoxicating malt liquor. Malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.
(b)
Permit to possess kegs required. Any individual of lawful age under the laws of the State of Rhode Island may possess a keg in a residentially zoned area or dwelling unit within the Town of Narragansett after first having obtained a permit and permit sticker from the office of the town clerk.
(c)
Permit fee. The permit fee for each keg shall be $5.00.
(d)
Limitations. All permits authorized under this section shall be subject to the following limitations:
(1)
The permit is valid for possession of one keg containing up to 16 gallons. No person may possess more than one permit.
(2)
No more than one keg may be possessed within any dwelling unit, lodginghouse, or roominghouse located in a residentially zoned area within the Town of Narragansett. No resident shall possess or allow any other person to possess a keg contrary to this section.
(3)
No application shall be approved without the applicant first providing written authorization from the owner of the premises where the applicant will be possessing the keg.
(e)
Application for permit and permit sticker. Any person desiring to obtain a permit to possess a keg shall fill out an application at the office of the town clerk setting forth the applicant's full name, address and telephone number and the address within Narragansett, Rhode Island, where the applicant will be possessing the keg. In addition, the applicant will be required to provide proof of identity and age in the form of a valid Rhode Island driver's license or identification card, or valid driver's license from another jurisdiction. Falsifying any information requested on the permit application shall constitute a violation of this section. At the time of issuance of the permit, a permit sticker shall be issued to the applicant. The permit sticker shall be immediately and firmly affixed by the applicant to the keg utilizing the adhesive on the sticker and placing the sticker in a clearly visible location upon the purchase of the keg.
(f)
Return of permit. Prior to the issuance of any subsequent keg permit and permit sticker, the preceding permit issued and the remains of the permit sticker must be returned to the Office of the Narragansett Town Clerk or in the alternative a minimum of 30 days shall have elapsed since the date of issuance of the previous permit.
(g)
Persons ineligible for permit. No person shall be issued a keg permit if that person has been convicted of a violation of this section which occurred within the previous 365 days.
(h)
Prohibitions. It shall be unlawful for any person to possess a keg within a residential zone or dwelling unit within the Town of Narragansett without having first obtained a permit and permit sticker as set forth herein. A permittee shall have the permit present at the location where the keg is possessed at all times, and shall exhibit the permit upon the request of any authorized officer. Any keg that does not have the required permit sticker shall be seized by the police department and held pending final disposition of any charges brought in the Narragansett Municipal Court.
(i)
Duty of licensed liquor establishment. Each liquor establishment located in the Town of Narragansett and offering for sale kegs containing nonintoxicating or intoxicating malt liquor for consumption off-premises, shall, as a condition of said license, post in a conspicuous location within five feet of the check-out location in the establishment, a notice provided by the Narragansett Police Department regarding the provisions of this section.
(j)
Exceptions. Any person or premises licensed to sell intoxicating liquor under any other provision of state law or local ordinance may possess kegs and are specifically exempted from the provisions of this section.
(k)
Penalties. Any violation of this section shall be punishable by a fine not to exceed the maximum allowable in the Narragansett Municipal Court and/or imprisonment of not more than 30 days.
(Ch. 850, § 1, 7-7-2004)
Sec. 46-12. - Pub crawls.#
No licensee shall allow the use of its premises as part of an organized pub crawl, so-called. A pub crawl shall be defined as an organized event intended to promote the organized, commercial travel of significantly large groups of individuals between licenses premises for the primary purpose of consuming alcoholic beverages at more than one premises. Evidence of a pub crawl shall include but not be limited by: (1)
The existence of advertising, flyers, tickets, or other printed or electronic material promoting or describing a planned pub crawl;
(2)
Organized, commercial transportation intended to move a total of 50 or more individuals from one premises to another in an organized fashion; and
(3)
Evidence of compensation paid to an organizer by participants in a pub crawl.
(Ch. 851, § 1, 9-7-2004)
Sec. 46-13. - Motorized devices.#
It shall be unlawful for any person to operate a motorized device on any public sidewalk or street. For the purposes of this section, a "motorized device" means a device which may be propelled by human power or helper power or by both, with a motor rated not more than 1.5 brake horsepower or two (S.A.E.) horsepower, which is capable of a maximum speed of not more than 30 miles per hour, except vehicles moved exclusively by human power, electric personal assistive mobility devices, including Segways, and motorized wheelchairs.
(Ch. 853, § 1, 11-15-2004)
Sec 46-14. - Violations; fines.#
(a)
Enumeration. The following violations and the payment of fines may be handled administratively through the method provided for in section 18-30 of this Code. The schedule of violations is as follows:
Violations Schedule Code section Violation Fine
46-3 (1) Conduct endangering another $200.00
46-3 (2) Conduct endangering property of another $200.00
46-3 (3) Fighting $200.00
46-3 (4) Endangering lawful movement $200.00
46-3 (5) Obstructing vehicular or pedestrian traffic $100.00
46-3 (6) Disturbing the peace $500.00
46-3 (7) Urinating or defecating in public $500.00
46-3 (7) Littering $100.00
46-3 (8) Disturbing public meetings $100.00
46-4 Throwing missiles $200.00
46-5 Failure to disperse $100.00
46-6 Sleeping in public places $100.00
46-7 Firearms prohibited $200.00
46-8 Consumption of alcoholic beverages $500.00
46-9 Smoking/vaporizing/tobacco/cannabis prohibited $100.00
46-10 Unlawful possession/ consumption (host) $500.00
46-10 Unlawful possession/ consumption (minor) $500.00
46-11 Permit to possess kegs required $100.00
46-12 Pub crawls $100.00
46-13 Motorized devices $100.00
46-34 Public nuisance $500.00
(b)
Failure to act. If the offender does not pay the fine as specified in subsection (a) of this section, the offender shall have waived his rights to dispose of the offense by mail, and a warrant shall be issued for the offender by the municipal court.
(Ch. 916, § 2, 7-20-2009; Ord. No. 998, § 1, 6-2-2014; Ord. No. 1005, § 1, 11-3-2014; Ch. 1096, § 1, 8-1-2022)
Sec. 46-15. - Excessive vehicular noise.#
Unnecessary, excessive, or offensive vehicular noise. Any sound or noise emanating from any vehicle(s) in motion, parked, or standing on any streets, land parcels, or properties, public or private, within the town, plainly audible to a person of reasonably sensitive hearing at a distance of 200 feet from its source, shall be deemed a prima facie violation of this article.
For the purposes of this section, plainly audible means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of 200 feet or more, from the source of the sound and crosses a property boundary line or boundary between two dwelling units, however, words or phrases need not be discernible and said sound shall include base reverberation.
Any operator of any vehicle violating the provisions of this chapter shall be fined according to the following:
First offense: $100.00.
Second offense: $250.00.
Third offense: $500.00.
Any and all emergency vehicles engaged in official business requiring audible warning or public address shall be exempt from any provision of this section.
(Ch. 956, § 1, 2-27-2012)
Sec. 46-16. - Unmanned aircraft systems, commonly known as drones; public safety, personal privacy.#
(a)
Purpose and intent. This section is intended to promote personal privacy, public safety, and protecting people who patronize Narragansett municipal venues and attend large public events from the flying of unmanned aircraft systems ("UAS") in and over such large gatherings of people. The town council wishes to regulate the use of UAS, commonly known as drones, within a thousand-foot radius around the town beach during beach season and over other large venue special events in public parks, public facilities, streets, plazas, open spaces and the like that will attract large groups of people. All restrictions are intended to protect persons gathered in groups where a UAS incident would cause greater harm and risk of injury due to a greater number of people gathered in a close proximity. It is not intended to restrict legitimate hobbyists operating UAS in compliance with FAA rules and any other applicable laws, and outside of the prohibited areas. This section is not intended to preempt FAA rules, but rather to operate in conjunction with those rules to promote public safety while recognizing the limitation in the FAA's enforcement capabilities.
(b)
Definitions.
Applicant means the person or corporation that registers their UAS provided all the requirements in the Code have been met.
Beach season means the Saturday before Memorial Day to the day after Labor Day.
Event principal means the person or organization which has obtained a permit to conduct a large venue special event. The event principal for the town beach shall be the Town of Narragansett.
Large venue special event means any event held in a public space, open space, plaza, street, park, stadium, or any open-air facility or closed-air facility that is open to the public, ticketed and/or non-ticketed audience and is an event intended to attract people. A large venue special event includes, but is not limited to, a sporting event, concert, festival, protest, etc.
Unmanned aircraft systems (UAS) means an unmanned aircraft or unmanned aircraft system that can fly under the control of a remote pilot or by global positioning system (GPS) guided autopilot mechanism. UAS are more commonly known as "drones."
(c)
Prohibitions.
(1)
Unless otherwise exempt under this section, UAS are prohibited from being deployed, launched or flown in any airspace within 500 feet or over the town beach during beach season, any large venue special event in the Town of Narragansett, and over public parks, roads and public facilities during large venue special events.
(2)
In all other areas of the town, the following restrictions shall apply:
a.
UAS may not be larger than five pounds including any attachments, and may not be equipped with detachable cargo, releasable payload, or any device equipped to carry a weapon. Any modifications to a UAS must be pursuant to FAA approval and registered via the town's application process.
b.
UAS over five pounds may be operated only by a registered member of the Academy of Model Aeronautics (AMA), if the operator is subjected to and compliant with AMA rules. Notwithstanding the weight limit, all other provisions of this section shall apply.
c.
UAS may not be used to engage in either a physical or constructive invasion of privacy.
i.
A physical invasion of privacy occurs when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.
ii.
A constructive invasion of privacy occurs when the defendant attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the person engaging in a personal or familial activity under circumstances in which the person had a reasonable expectation of privacy, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used.
d.
Conditions in subsections (2)a. and b. above shall be included as conditions in the application process.
(d)
Application.
(1)
An event principal, or their designee, may apply for a permit to operate a UAS in conjunction with a permit to organize a large venue special event. Such permit will be issued at the sole discretion of the town, based on considerations of the type of activities which would tend to damage private/public property, endanger the public or event attendees, or which are likely to create an atmosphere which would discourage use of town-owned property, other locations or venues for their intended purpose.
a.
The application form shall be completed by the applicant.
b.
The application shall be processed by the town clerk's office, and require the assent of the chief of police or his/her designee.
c.
The applicant's form shall require the name of applicant, valid governmental issued identification, current address and phone number(s) of applicant, photograph of UAS to be registered, UAS name and serial number or product number, and statement of purpose for use of the UAS.
d.
Applications must be made at least seven days prior to requested usage time of UAS to ensure proper review of application by town officials.
e.
Applications are subject to a processing fee of $25.00.
f.
Rules and conditions. The following rules and conditions shall apply to applications sought pursuant to this section:
1.
UAS activity described in this article is allowed on a first come, first served basis.
2.
Applications are nontransferable, and are valid only on the date specified thereon.
3.
The applicant shall be held responsible for any damage and be liable to any third party.
4.
The applicant shall observe, obey and comply with the rules and regulations established by this section, as well as all applicable town, county, state and federal laws, rules and regulations.
5.
The applicant shall assume all risk in the use of the UAS and shall be solely responsible and answerable in damages for all accidents and injury to person or property, as well as fines in connection with violations of this section or other applicable law.
6.
Special conditions related to safety may be imposed for particular large venue special events depending upon occupancy or other safety considerations.
(e)
Exemptions. This section shall not prohibit the use of UAS by an applicant under this section or by any law enforcement or fire rescue agency for lawful purposes and operated in a lawful manner. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit, or otherwise restrict any person who is authorized by the Federal Aviation Administration to operate small unmanned aircraft in any town air space, pursuant to sections 331—336 of the FAA Modernization and Reform Act of 2012 or certificate of waiver, certificate of authorization, or airworthiness certificate under section 44704 of Title 49 of United States Code or other Federal Aviation Administration grant of authority for a specific flight operation or operations, from conducting such operation(s) in accordance with the authority granted by the Federal Aviation Administration.
(f)
Enforcement.
(1)
Penalty. Any person who pleads guilty or is judged in violation of any provision of this section shall be subject to a fine in the amount of $500.00. UAS operated in violation of this chapter will be impounded and held until such fine is paid.
(2)
Adjudication. Any person charged with violating this section shall be entitled to a trial in the municipal court.
(g)
Liability and insurance.
(1)
Prior to the finalization of the application, the applicant/operator shall furnish to the town a signed statement, approved by the town solicitor, that the applicant/operator shall hold-harmless, indemnify and defend the town, its elected officials, officers, and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the application.
(2)
Applicant shall furnish and maintain such public liability and property damage insurance to protect from all claims and damage to property or bodily injury which may arise from operations under the application or in connection therewith subject to an assessment by risk management. The Town of Narragansett shall be named as an additional named insure to such policy.
(Ch. 1022, 6-6-2016)
Secs. 46-17—46-30. - Reserved.#
ARTICLE II. - UNRULY GATHERINGS#
Sec. 46-31. - Public nuisance.#
(a)
It shall be a public nuisance to conduct a gathering of five or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, fights, disturbances of the peace, and litter.
(b)
A gathering constituting a public nuisance may be abated by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable ordinances and state statutes.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007)
Sec. 46-32. - Notice of unruly gathering; posting, mailing.#
(a)
When the police department intervenes at a gathering which constitutes a nuisance under this article, the premises at which such nuisance occurred shall be posted with a notice stating that the intervention of the police has been necessitated as a result of public nuisance under this article caused by an event at the premises and the date of the police intervention for the cited nuisance and shall result in the joint and several liability of those identified in section 46-34.
(b)
In regards to academic year rentals, any notice posted between September 1 and May 31 of any year shall remain posted until May 31. In regards to year round rentals, any notice posted during the lease term shall remain posted until the lease term expiration date. In regards to short term rentals, please refer to chapter 14, article XVII 'short-term rentals'.
(c)
The residents and owner of such property shall be jointly responsible for ensuring that such notice is not removed or defaced and it shall be a Code violation carrying a penalty of a minimum, mandatory $100.00 fine in addition to any other penalties which may be due under this section if such notice is removed, obscured or defaced, provided, however, that the residents of the premises or sponsor of the event, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1129, § 1, 9-3-2024)
Sec. 46-33. - Mailing of notice to property owner.#
Notice of intervention shall also be mailed to any property owner on the Town of Narragansett property tax assessment records and shall advise the property owner that an intervention occurred as set forth in section 46-32(a) and as a result penalties associated with such intervention will be imposed as set forth below.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1129, § 1, 9-3-2024)
Sec. 46-34. - Persons liable for a response to gathering constituting a public nuisance.#
(a)
If the police department is required to respond to a gathering constituting a public nuisance on the premises, the following persons shall be jointly and severally liable for penalties pursuant to section 46-35:
(1)
The person or persons who own the property where the gathering constituting a public nuisance took place.
(2)
The person or persons residing on or otherwise in control of the property where such gathering took place.
(3)
All person or persons who organized or sponsored such gathering.
(4)
All persons attending such gatherings who engage in any activity resulting in the public nuisance.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1129, § 1, 9-3-2024)
Sec. 46-35. - Penalties for violation.#
It shall be a Code violation punishable as follows when intervention at a location to abate a gathering constituting a public nuisance occurs: (1)
For a first offense the municipal court may impose a fine of $500.00 to any person who organized and/or attended the gathering and/or any person residing at the premise and shall impose a fine of $500.00 to the record owner(s); and
(2)
For a second offense the municipal court shall impose a $500.00 fine on each person residing at the premises and the record owner(s) and shall revoke the record owner's rental registration certificate for the following rental year.
In addition to the above, the municipal court shall be authorized to order the person or persons in violation to perform community service. For a first intervention, ordering community service shall be discretionary. For a second intervention, the municipal court shall, in addition to the monetary penalty set forth above, order the person or persons in violation to perform not less than 25 hours of community service.
(Ch. 856, § 1, 5-2-2005; Ch. 891, § 1, 9-4-2007; Ch. 1046, § 1, 12-4-2017;Ch. 1048, § 1, 2-5-2018; Ch. 1129, § 1, 9-3-2024)
Secs. 46-36—46-49. - Reserved.#
ARTICLE III. - RECOVERY OF PUBLIC SAFETY RESPONSE COSTS#
Sec. 46-50. - Legislative intent.#
(a)
The abatement of public nuisances and noise disturbances is essential for the protection of public health, safety, and welfare. In some circumstances the process of abatement can be a drain on finite municipal resources in that it requires multiple contacts with properties that are the cause of public nuisances and noise disturbances. This results in the increase in the need for police and fire personnel and also increases the cost of providing public safety services by increasing the overtime cost associated with these services. The abatement of multiple public nuisances and/or noise disturbances at a single residence also negatively impacted the ability of the municipality to provide public safety services to the remainder of the community because police and fire services are needlessly tied up responding to public nuisances and noise complaints.
(b)
In the past and presently police, fire, and other emergency response personnel have and are required to respond on multiple occasions to public nuisances and noise complaints on private property. The responses to such incidents have resulted in a disproportionate expenditure of public safety resources of the Town of Narragansett, which are underwritten by municipal taxes paid by its taxpayers and residents and delaying police responses to regular and emergency calls for the remainder of the town.
(c)
The purpose of this article is to reduce the cost of providing police, fire, and other emergency response services by imposing a civil fee against persons responsible for conducting, aiding, allowing, permitting, or condoning a public nuisance or noise disturbance at a residence or other private property. The civil fee is based upon the recovery of costs associated with providing law enforcement, fire, and other emergency response services to public nuisances and noise disturbances.
(Ch. 952, § 1, 12-5-2011)
Sec. 46-51. - Definitions.#
The definitions in this section apply to the following terms as used in this part:
Disturbance means any conduct constituting any violation of the public nuisance ordinance and any disturbing or loud noise in violation of the noise ordinance.
Response means the arrival of a police officer or firefighter at the scene of a disturbance to render whatever service is reasonably required in order to stop a disturbance.
Responsible party is: (1)
The person or persons who owns the property where the disturbance took place, provided that warning has been mailed to the owner of the property as set forth herein and the disturbance occurs at least two weeks after the mailing of such warning.
(2)
The person or persons residing on or otherwise in control of the property where the disturbance took place.
(3)
The person or persons who organized or sponsored the gathering that caused the disturbance.
(4)
All persons attending such gatherings who engage in conduct causing a disturbance.
(5)
Nothing in this section shall be construed to impose liability on the resident or owners of the premises or sponsor of the gathering, for the conduct of persons who are present without the express or implied consent of the resident or sponsor, as long as the resident and sponsor have taken all steps reasonably necessary to exclude such uninvited participants from the premises, including landlords who are actively attempting to evict a tenant from the premises.
Response costs means the costs associated with responses by law enforcement, fire and other emergency response providers (including code enforcement personnel), to a disturbance, including but not limited to: (1)
Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with disturbances and the administrative costs attributable to such response(s);
(2)
The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a disturbance;
(3)
The cost of repairing any town or emergency services equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a disturbance;
(4)
The total amount of response costs for which a responsible party may be liable shall not exceed $2,000.00.
(Ch. 952, § 1, 12-5-2011; Ch. 957, § 1, 3-5-2012)
Sec. 46-52. - Responses to disturbances.#
(a)
No responsible party shall cause, permit or tolerate a disturbance as defined herein.
(b)
Whenever a police officer responds to a disturbance, he/she shall advise any responsible party present to discontinue the disturbance, and further advise that the responsible parties shall be liable for the actual cost of each subsequent response required for a disturbance within 12 months of the first response.
(c)
At the first response, the police department shall give a written notice to all responsible parties advising them that if a second or subsequent response to a disturbance is required within 12 months following such notice, response costs shall be charged to any responsible party for all responses after the first response.
(d)
Notice of the warning may be either hand delivered or mailed to a responsible party. If it is mailed, it shall be mailed by first-class and certified mail to the last known address of the responsible party and in the case of the owner, to the address specified by the owner on the registration form required by section 14-518.
(e)
All responsible parties shall be jointly and severally liable for the response costs regardless of whether or not a responsible party received an oral or written warning pursuant to section 46-52.
(Ch. 952, § 1, 12-5-2011)
Sec. 46-53. - Recovery of response costs.#
When law enforcement, fire or other emergency response provider responds to a disturbance at a residence or other private property within the Town of Narragansett within a 12-month period of a warning given to a responsible party for a disturbance, all responsible parties shall be jointly and severally liable for the response costs for that response and all subsequent responses during the warning period.
When a law enforcement, fire or other emergency response provider official makes an initial response to a disturbance at a residence or other private property within the Town of Narragansett, the official shall inform any responsible party(s) for the gathering at the scene that: (1)
The official has determined that a disturbance exists; and
(2)
Responsible party(s) will be charged for any response costs required for subsequent responses to the scene for a disturbance within a 12-month period involving the same responsible party(s).
Only one warning will be given to a responsible party(s) pursuant to this article before the Town of Narragansett assesses response costs pursuant to section 46-52. If a responsible party cannot be identified at the scene, the official may subsequently return to the residence or other private property and issue the warning to a then-present responsible party. Warnings given to responsible parties who do not reside at the residence or other private property in question shall be delivered by first-class and certified mail.
(Ch. 952, § 1, 12-5-2011)
Sec. 46-54. - Billing and collection.#
The amount of response costs shall be deemed a debt owed to the Town of Narragansett by the responsible party held liable in section 46-53 for the disturbance and, if a juvenile, by the juvenile's parents or guardians.
Notice of the costs for which the responsible party is liable shall be mailed via first-class and certified mail within 30 days of the response giving rise to such costs. The notice shall contain the following information: (1)
The name of the person(s) being held liable for the payment of such costs;
(2)
The address of the residence or other private property where the disturbance occurred;
(3)
The date and time of the response;
(4)
The law enforcement, fire or emergency service provider who responded;
(5)
The date and time of any previous warning given pursuant to section 46-52 and/or previous responses to disturbances at the residence or other private property in question within the previous 12 months; and
(6)
An itemized list of the response costs for which the person(s) is being held liable.
The responsible party must remit payment of the noticed response costs to the town within 30 days of the date of the notice. Any action to recover such costs will be brought in the name of the Town of Narragansett.
In addition to all other remedies provided for in this section, if a responsible party(s) fails to remit the costs assessed hereunder, said costs shall be certified to the tax assessor, who shall cause the costs to be added to the annual real estate tax bill for the property, and the certified costs shall be collected by the town collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified costs are not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.
(Ch. 952, § 1, 12-5-2011)
Sec. 46-55. - Appeals.#
Any person who has been assessed response costs pursuant to this article shall have the right to appeal the imposition of a response cost to the director of public safety or his/her designee. The responsible party shall request an appeal, in writing, within 30 calendar days after the date of the notice sent pursuant to section 46-54 hereof. The request for appeal shall identify and explain all reasons why the responsible party believes that the response cost should be modified. Any reason, basis, or argument for modification of response costs not set forth in the request for an appeal shall be deemed waived by the responsible party.
Upon receipt of a timely request for an appeal, the director of public safety or his/her designee shall arrange a time to meet with the responsible party. The responsible party shall be given written notice of the time and place of the meeting. At the meeting, the responsible party shall have the opportunity to further explain to the director of public safety or his/her designee the reasons or basis for a modification of the response cost as set forth in their request for appeal. The director of public safety or his/her designee shall, after considering the information presented by the responsible party, promptly determine in writing whether to confirm, modify or void the payment of the response costs contained in the notice.
(Ch. 952, § 1, 12-5-2011)
Sec. 46-56. - Reservation of legal options.#
Nothing in this article shall be construed as a waiver by the Town of Narragansett of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. The procedure provided for in this article is in addition to any other statute, ordinance or law, civil or criminal. This article in no way limits the authority of peace officers to make arrests for any criminal offense arising out of conduct regulated by this article.
(Ch. 952, § 1, 12-5-2011)