The text
FOOTNOTE(S):
--- (1) --- refcharter or refcross or refstatelaw Cross reference— Buildings and building regulations, Ch. 4; hawkers and peddlers, § 6-81 et seq.; motor vehicles and traffic, Ch. 7; planning, Ch. 10; subdivisions, Ch. 14; utilities, Ch. 17; zoning, App. A.
refcharter or refcross or refstatelaw State Law reference— Maintenance of town highways, G.L. 1956, § 24-5-1 et seq.; abandonment by towns, G.L. 1956, § 24-6-1 et seq.; sidewalks, G.L. 1956, § 24-7-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 13-1. - Driving vehicles on sidewalks.#
No person shall drive any automobile, motorcycle or truck upon any sidewalk or footwalk except for the purpose of necessarily crossing the same.
Comment Text (parent not a footnote)(Ord. of 6-9-77(3), § VII)
Cross reference— Comment Text (parent not a footnote)Motor vehicles and traffic, Ch. 7.
Sec. 13-2. - Obstructing pedestrianways—With vehicles.#
No person shall obstruct any sidewalk, crosswalk or footwalk by standing or by allowing his vehicle to stand thereon to the obstruction or hindrance of persons using such sidewalk, crosswalk or footwalk.
Comment Text (parent not a footnote)(Ord. of 6-9-77(3), § VI)
Cross reference— Comment Text (parent not a footnote)Motor vehicles and traffic, Ch. 7.
Sec. 13-3. - Same—With chattels, goods.#
No person shall deposit, place or put or permit to be deposited, placed or put by any person or persons any goods, wares, chattels or merchandise on any sidewalk, crosswalk or footwalk so as to obstruct the same or hinder passers-by, except while actually engaged in moving the same into or out of some building, vehicle or place.
Comment Text (parent not a footnote)(Ord. of 6-9-77(3), § VIII)
Sec. 13-4. - Same—By playing games, throwing objects, etc.#
No person shall play ball or other game or throw stones or any other missiles or slide on any sled to the hindrance of any other person upon any sidewalk, crosswalk, footwalk, public street or highway.
Comment Text (parent not a footnote)(Ord. of 6-9-77(3), § IX)
Sec. 13-5. - Allowing nuisance on ways.#
No person shall throw or cause to run into or upon any public street or highway, sidewalk, crosswalk or footwalk any filthy water, slops or swill nor deposit thereon any ashes, soot, cinders, shavings, manure, scrap, dirt or stones or any other matter or thing so as to create a nuisance upon any such public street, highway, sidewalk, crosswalk or footwalk or any premises adjoining thereto.
Comment Text (parent not a footnote)(Ord. of 6-9-77(3), § X)
Sec. 13-6. - Excavations.#
No person shall take up the pavement or dig any trench or hole in any public street or highway without first obtaining permission in writing from the director of public works. If any person shall for six (6) hours of daylight after the completion of the work for which such opening was made omit to fill up and repair such street or highway to the satisfaction of the director of public works, and he shall fill or repair the same in proper manner and deliver to the town treasurer a statement of the cost, including a reasonable charge for the superintendence of the same, and the town treasurer shall cause the amount to be collected from the person causing such street or highway to be opened. Whenever any excavation is made or any destruction exists the person having charge shall place warning signs at either end of such area and such other warning signs as the director of public works may direct. Whenever any excavation must of necessity remain after dark, the person having charge shall place sufficient warning lights and markers at such area.
Comment Text (parent not a footnote)(Ord. of 6-9-77(3), § XIII)
Sec. 13-7. - Encroachment by steps, building projections, etc.#
No person shall erect or maintain or cause to be erected or maintained any step or steps or other projection of any building or thing whatsoever on any public street or highway or on any sidewalk.
Comment Text (parent not a footnote)(Ord. of 6-9-77(3), § XII)
Sec. 13-8. - Removal of snow and ice from sidewalks.#
(a)
All owners, occupants or persons having care of any building or lot bordering upon any street, highway or public place within the town, shall within the first four (4) hours of daylight after the end of any snowfall, or the fall or deposit of snow on the sidewalk of said building or lot from any cause whatsoever:
(1)
Remove or cause to be removed all snow from a path not less than three (3) feet in width of the entire sidewalk bordering on said street, highway, or public place.
(2)
Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street shall be encumbered with ice, it shall be the duty of the owner, occupant or any person having the care of such building or lot, to cause such sidewalk to be made safe and convenient by removing the ice therefrom, or by covering the same with sand or some other suitable substance.
(b)
Any person violating this section shall be fined not exceeding twenty-five dollars ($25.00).
Comment Text (parent not a footnote)(Ord. of 2-8-90, §§ 1, 2)
Editor's note— An ordinance of February 8, 1990, did not specifically amend the Code; therefore, inclusion as § 13-8 was at the discretion of the editor.
Secs. 13-9—13-30. - Reserved.#
ARTICLE II. - ACCEPTANCE OF STREETS AND HIGHWAYS#
Sec. 13-31. - Definition.#
For the purposes of this article, the words "public highway system" shall consist of all roads or highways that are maintained by the town highway department.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 1)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 13-32. - Acceptance required.#
No private street, private highway, or private road shall become a part of the public highway system of the town unless and until the same shall be accepted by the town council pursuant to the provisions of this article.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 1)
Sec. 13-33. - Provisions cumulative.#
The provisions of this article shall be in addition to and not in lieu of any rules and regulations governing and restricting the platting or other subdivision of land within the town.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 11)
Sec. 13-34. - Petition—Authorized, form.#
Any person owning any private street, private highway, or private road, or having an interest as owner thereof, and desiring that the same become a part of the public highway system of this town, shall petition the town council for the acceptance thereof by the town to become a part of its public highway system, upon forms prescribed by the town council and furnished by the town clerk.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 2)
Sec. 13-35. - Same—Contents.#
(a)
With every petition presented under this article, the petitioner shall file a plat, in duplicate; one (1) on good quality cloth-backed drawing paper and one (1) on tracing cloth; showing in detail the layout, width and grade of the private street, private road, or private highway. Such plat shall be prepared and certified by a professional engineer or land surveyor registered in this state and shall indicate the locations of granite bounds defining the boundaries of such private streets, private roads, or private highways, which granite bounds shall be placed prior to the filing of the petition.
(b)
The petitioner shall also file such further information and data as the town council may deem necessary or proper for the proper consideration of the petition.
Comment Text (parent not a footnote)(Ord. of 4-15-65, §§ 3, 4)
Sec. 13-36. - Referral to director of public works; certification.#
Upon the filing of any petition pursuant to this article, the petition shall be referred to the director of public works. No petition shall be granted unless and until the director of public works shall certify to the town council: (1)
That the private street, private road, or private highway conforms in all respects to the layout shown on the plat as filed.
(2)
That proper drainage has been provided.
(3)
That the base is suitable for public highway purposes.
(4)
That the grades and curves are properly aligned.
(5)
That at least twenty (20) feet in width of the entire length of the surface has been treated with one (1) coat of penetration oil, tar or asphalt and that the pavement is in good condition.
(6)
That acceptance of such private street, private road or private highway will serve public convenience and necessity.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 6)
Sec. 13-37. - Report by director of public works.#
The director of public works shall make his report to the town council within thirty (30) days after any petition has been referred to him.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 7)
Sec. 13-38. - Street name.#
The petitioner may suggest a name to be given to the private street, private road or private highway concerned in the petition, which name shall not be the same as the name of any public highway of the town or so similar thereto as to cause confusion. The town council may, if it sees fit, disapprove the name suggested by petitioner and assign and designate a name of its own selection.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 8)
Sec. 13-39. - Deed required.#
No acceptance by the town council of any private street, private road or private highway shall be effective to make same a public highway of the town until the owner thereof shall have conveyed same to the town in fee simple, free and clear of all incumbrances and such conveyance shall have been recorded in the office of the town clerk.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 9)
Sec. 13-40. - Minimum width.#
No private street, private road or private highway shall be accepted as a part of the public highway system of the town unless the same shall be at least forty (40) feet in width.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 5)
Secs. 13-41—13-60. - Reserved.#
ARTICLE III. - CONSTRUCTION OF DRIVEWAYS#
Sec. 13-61. - Purpose.#
This article is enacted for the purposes of providing for highway safety, highway maintenance and for the control of pollution and runoff onto public highways and into the drainage systems which are part of the public highway system.
Comment Text (parent not a footnote)(Ord. of 11-13-86, § 1)
Sec. 13-62. - Effective date for application of article.#
The provisions of this article shall not apply to any access which is in use on December 1, 1986.
Comment Text (parent not a footnote)(Ord. of 11-13-86, § 6)
Sec. 13-63. - Permit required.#
No person shall construct any driveway for motor vehicles which accesses a public highway under the control of the town nor shall any person provide for or permit access by motor vehicles to or from his or her property except at a point for which a permit has been obtained from the building inspector.
Comment Text (parent not a footnote)(Ord. of 11-13-86, § 2)
Sec. 13-64. - Application for permit, fee.#
Application for a permit required by this article shall be made on such form as the building inspector shall provide. Such application shall show the location of the proposed driveway and the type of construction proposed. A fee shall accompany each application which fee shall be set from time to time and a schedule of such fees is on file in the town clerk's office.
Comment Text (parent not a footnote)(Ord. of 11-13-86, § 3)
Sec. 13-65. - Consideration of application.#
(a)
Upon receipt of an application for a permit required by this article, the building inspector shall submit the same to:
(1)
The director of public works or his deputy for his approval or disapproval as to control of runoff which may be created by such access with relation to proper drainage and pollution control, and
(2)
The chief of police or his deputy for approval or disapproval as to whether or not such proposed access location will create a potential traffic hazard.
(b)
The director of public works and the chief of police, or their deputies, shall where they disapprove a proposed access, indicate what changes, if any are possible, will be needed to meet their objections.
(c)
Where the proposed access is approved by both the director of public works and the chief of police, or their deputies, the building inspector shall issue a permit.
(d)
The approvals or disapprovals of the chief of police or his deputy and the director of public works or his deputy shall be filed with the building inspector within four (4) working days of submission to them by the building inspector.
(e)
Where the proposed access is disapproved by either the director of public works or the chief of police or their deputies, the building inspector shall advise the applicant who shall be given the opportunity to resubmit his application taking into account the changes suggested by the director of public works and/or chief of police or their deputies. Such resubmitted application shall then be resubmitted to both the director of public works and chief of police, or their deputies, who shall again review the same as provided in (a) through (d) above.
Comment Text (parent not a footnote)(Ord. of 11-13-86, § 4)
Sec. 13-66. - Appeals.#
Any person aggrieved by a decision of the building inspector or the director of public works or chief of police, or their deputies, may appeal to building board of review by filing notice of appeal in writing within twenty (20) days of mailing of notice to the applicant of the decision of the building inspector, director of public works or chief of police or their deputies.
Comment Text (parent not a footnote)(Ord. of 11-13-86, § 5)