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Sec. 1-1. - How Code designated and cited.#
The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of Ordinances of the Town of Scituate, Rhode Island," and may be so cited.
Sec. 1-2. - Definitions and rules of construction.#
In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the town council:
Charter. Whenever the words "Charter" or "the Charter" are used they shall be held to mean the Charter of the Town of Scituate, Rhode Island, as printed in Part I of this volume.
Code. The word "Code" shall mean the Ordinances of the Town of Scituate, Rhode Island, as designated in section 1-1.
Compact part of the town. The words "compact part of the town" shall mean and include all territory included within the boundaries of each of the villages of the Town of Scituate.
Computation of time. Unless otherwise specifically provided, the time within which an act is required by law to be done shall be computed by excluding the first day and including the last; except, that the last shall be excluded if it be Sunday. State law reference— Comment Text (parent not a footnote)Similar provisions, G.L. 1956, § 43-3-3.
Council. Wherever the word "council" is used, the same shall be held to mean the town council of Scituate.
County. The words "the county" or "this county" shall mean Providence County, Rhode Island.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. State law reference— Comment Text (parent not a footnote)Similar provisions, G.L. 1956, § 43-3-3.
In the town. The words "in the town" or "within the town" shall mean and include all territory over which the town now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
Land. "Land" and "real estate" include rights and easements of incorporeal nature.
Month. The word "month" shall mean a calendar month. State law reference— Comment Text (parent not a footnote)Similar provisions, G.L. 1956, § 43-3-12.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person or thing. State law reference— Comment Text (parent not a footnote)Similar provisions, G.L. 1956, § 43-3-4.
Oath. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples against taking an oath. An affirmation has the same effect as an oath. State law reference— Comment Text (parent not a footnote)Similar provisions, G.L. 1956, § 43-3-11.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, societies, clubs, firms, partnerships, bodies politic, foreign and domestic corporations as well as to individuals. State law reference— Comment Text (parent not a footnote)Similar provisions, G.L. 1956, § 43-3-6.
Personal property. "Personal property" includes every species of property except real property, as defined in this section.
Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.
Property. "Property" includes real, personal and mixed estates and interests.
Public place. The term "public place" shall include any park, cemetery, schoolyard or open space adjacent thereto and any lake or stream.
Real property. "Real property" shall include lands, tenements and hereditaments.
Shall, may."Shall" is mandatory; "may" is permissive.
Sidewalk. "Sidewalk" shall mean that part of the street exclusively reserved for pedestrians and constructed for such purpose.
Signature or subscription. "Signature" or "subscription" includes a mark when the person cannot write.
State. The words "the state" or "this state" shall be construed to mean the State of Rhode Island.
State law references. Whenever reference is made to the "General Laws" or "G.L.," this shall mean the General Laws of Rhode Island, 1956. Whenever reference is made to "Public Laws" or "P.L.," this shall mean the Public Laws of Rhode Island.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the town.
Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
Time. Words used in the past or present tense include the future as well as the past and present.
Town. The words "the town" or "this town" shall be construed as if the words "of Scituate" followed them.
Written, in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" shall mean a calendar year. State law reference— Comment Text (parent not a footnote)Similar provisions, G.L. 1956, § 4-3-12.
Sec. 1-3. - Catchlines of sections.#
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor unless expressly so provided shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
Sec. 1-4. - General penalty; continuing violations.#
(a)
Except where otherwise provided in this Code or other ordinances of the town, whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision shall be punished by a fine not exceeding five hundred dollars ($500.00) and cost of prosecution or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment.
(b)
Each day any violation of any provision of this Code or other ordinance of the town shall continue shall constitute a separate offense.
State law reference— Comment Text (parent not a footnote)Limitation of penalty for ordinance violations, G.L. 1956, § 45-6-2.
Sec. 1-5. - Manner of prosecution for ordinance violations; recovery of costs; statute of limitations.#
(a)
It shall be the duty of every police officer and constable of the town to preserve the peace and good order and see that all the ordinances of the town are properly enforced.
(b)
The town sergeant, chief of police and every constable and police constable of the town are designated and appointed prosecuting officers in accordance with the provisions of the General Laws of the state.
(c)
All violations of the ordinances of the town shall be prosecuted by complaint and warrant and shall be directed to the sheriff of Providence County, his deputies, the town sergeant, chief of police or either of the constables of this town or such other person or persons as may be authorized by statute and returnable to the District Court of the Eighth Judicial District of the State of Rhode Island or such other court as shall be authorized by statute.
(d)
In all cases of complaint under the ordinances of the town the fines or forfeitures and penalties shall belong to the town except as otherwise provided by statute. Whenever complaint is made for violation of any ordinance of this town by any of the officers designated in this section, the officer shall not be required to give surety for costs.
(e)
In all prosecutions under the ordinances of the town the costs shall be the same as in criminal proceedings before the District Court of the Eighth Judicial District and upon conviction the payment of such costs shall be a part of the sentence of the defendant who may be committed to the Adult Correctional Institutions on default of payment of the fine or costs or both until the same are paid or ordered omitted by the town council. In all cases where any complaint under the ordinances of the town is dismissed, the costs shall be taxed against the complainant and collected as provided by statute; provided, however, that where such complaint is made by any of the officers designated in this ordinance or otherwise appointed by the town council or authorized by statute for such purpose, such costs shall be paid by the town.
(f)
All complaints made under the ordinances of the town shall be made within one (1) year after the commission of the offense unless otherwise provided by statute.
Sec. 1-6. - Severability.#
It is hereby declared to be the intention of the town council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the town council without incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.
Sec. 1-7. - Provisions considered as continuations of existing ordinances.#
The provisions appearing in this Code, so far as they are the same as those ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.
Sec. 1-8. - Certain ordinances not affected by Code.#
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code: (1)
Any ordinance promising or guaranteeing the payment of money by the town, or authorizing the issuance of any bonds of the town, or any evidence of the town's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the town or creating interest and sinking funds;
(2)
Any right or franchise, permit, or other right granted by any ordinance;
(3)
Any personnel regulations; any ordinance establishing salaries of town officers and employees or civil service rules;
(4)
Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the town;
(5)
Any ordinance establishing and prescribing the street grades in the town;
(6)
Any appropriation ordinance or any ordinance levying or imposing taxes;
(7)
Any ordinance providing for local improvements and assessing taxes therefor;
(8)
Any ordinance dedicating or accepting any plat or subdivision in the town;
(9)
Any ordinance establishing the official plat of the town;
(10)
Any zoning map amendment or load use, rezoning or zoning ordinance;
(11)
Any ordinance annexing territory or excluding territory from the town;
(12)
Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with such Code;
(13)
Any subdivision ordinance or regulations;
(14)
Any ordinance creating special districts or assessing taxes therefor;
(15)
Any ordinance granting specific tax exemptions;
(16)
Any temporary or special ordinance;
(17)
Any administrative ordinance;
and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
Sec. 1-9. - Amendments to Code.#
(a)
All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein, or in the case of repealed chapters, sections and subsections, or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission thereof from reprinted pages affected thereby, and the subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the town council.
(b)
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of the Code in substantially the following language: "That section ;#rule; of the Code of Ordinances, Town of Scituate, Rhode Island, is hereby amended to read as follows: ____________ (Set out new provisions in full) ____________."
(c)
In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, Town of Scituate, Rhode Island, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered ;#rule;, which reads as follows: ____________ (Set out new provisions in full) ____________."
(d)
All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter number or other number, as the case may be.
Sec. 1-10. - Supplementation of Code.#
(a)
By contract or by town personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the town council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the town council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b)
In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ;#rule; to ;#rule;" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.