The text
Footnotes:
--- (1) --- Cross reference— Unauthorized riding upon fire department apparatus, § 8-29; police department, Ch. 16; streets and sidewalks, Ch. 18; taxicabs, Ch. 20.
State Law reference— Uniformity of vehicle regulations, G.L. 1956, § 31-12-11; powers of local authorities. G.L. 1956, § 31-12-12; local regulations to be posted, G.L. 1956, § 31-12-13; traffic-control devices on local highways, G.L. 1956, § 31-13-3; nonmoving traffic violations, G.L. 1956, § 45-6.2-1 et seq.; fines and violations of traffic and parking regulations, G.L. 1956, § 12-14-4; service of notice, summons, G.L. 1956, § 31-27-12 et seq.
ARTICLE I. - IN GENERAL#
Sec. 12-1. - "Vehicle" defined.#
The word "vehicle," as used in this chapter, shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
(Code 1967, § 22-1)
Cross reference— Definitions and rules of construction generally, § 1-2.
State Law reference— Similar definition, G.L. 1956, § 31-1-3.
Sec. 12-2. - Obedience to chapter.#
Every driver and person in charge or control of a vehicle or a horse shall obey the regulations set forth in this chapter.
(Code 1967, § 22-2)
State Law reference— Similar provisions, G.L. 1956, § 31-12-2.
Sec. 12-3. - Obedience to police officer.#
No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic, including any order or direction pertaining to fire lane parking violations whether on private or public property.
(Code 1967, § 22-3)
Cross reference— Police department, Ch. 16.
State Law reference— Similar provisions, G.L. 1956, § 31-12-3.
Sec. 12-4. - Unauthorized traffic signs and devices prohibited.#
(a)
No person shall place, maintain or display upon or in view of any street or highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall place or maintain upon any street or highway any traffic sign or signal bearing thereon any commercial advertising without the consent of the chief of police of the town. This shall not be deemed to prohibit the erection upon private property adjacent to streets or highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(b)
Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the town council is hereby empowered to remove the same or cause it to be removed without notice.
(Code 1967, § 22-4)
State Law reference— Similar provisions, G.L. 1956, § 31-13-10.
Sec. 12-5. - Injury to official traffic-control devices or signs prohibited.#
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon or any other part thereof.
(Code 1967, § 22-5)
State Law reference— Similar provisions, G.L. 1956, § 31-13-11.
Sec. 12-6. - Unauthorized entering, clinging to, etc., vehicles.#
No person shall enter, go upon, ride upon, cling to or support himself wholly or in part upon any vehicle or part thereof while such vehicle is standing upon or passing over any part of any street without the express permission of the owner or the person in charge of such vehicle.
(Code 1967, § 22-6)
State Law reference— Clinging to vehicles, G.L. 1956, § 31-19-5.
Sec. 12-7. - Removal of vehicles and horses.#
(a)
Generally. Every driver or person having charge of any horse or vehicle on a street shall remove the same to another place on such street or from such street to some other street whenever directed to do so by any police officer in uniform; and in case of neglect or refusal after such direction, any police officer in uniform may remove or cause the same to be removed to and leave the same in such other place or other street.
(b)
Authority of police. Any police officer in uniform, in his discretion, may remove any horse or vehicle left upon any street not in the apparent charge of any driver or other person, or in violation of any of the provisions of this chapter or other ordinances of the town to another place on such street or from such street to some other street or to a stable or garage and leave the same there.
(Code 1967, § 22-8)
Sec. 12-8. - Removal of vehicles obstructing traffic on bridge or in tunnel.#
Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.
(Code 1967, § 22-9)
Cross reference— Obstructing sidewalks generally, § 18-2.
State Law reference— Similar provisions. G.L. 1956, § 31-21-3.
Sec. 12-9. - Removal of vehicles interfering with snow removal.#
(a)
It is hereby declared to be in the public welfare, interest and safety that in order to ensure the delivery of food and fuel and to enable fire apparatus to reach all areas of the town, it is necessary that during and after a snow storm all public highways in the town be made passable.
(b)
In order to facilitate the plowing of such highways, it may be necessary for the director of public works to remove vehicles interfering with the plowing of such highways.
(c)
In such event, the director of public works and his authorized representatives are hereby authorized to remove or cause to be removed any motor vehicle interfering with the plowing of such highways.
(d)
The cost, if any, of so removing any vehicle shall be assessed against the owner of such vehicle.
(Code 1967, § 22-10)
Cross reference— Snow and ice on streets and sidewalks, § 18-8.
Secs. 12-10—12-25. - Reserved.#
ARTICLE II. - OPERATION OF VEHICLES#
Footnotes:
--- (2) --- State Law reference— Traffic regulations, G.L. 1956, § 31-12-1 et seq.
Sec. 12-26. - Conformance with state law required.#
The provisions of Chapters 12 to 27 inclusive of Title 31 of the General Laws relating to the operation of vehicles on town-owned public property are hereby adopted by reference as fully printed herein and it shall be unlawful for any person to do any act forbidden or fail to perform any act required under such state laws. State Law reference— Application of state traffic regulations, G.L. 1956, § 31-12-11.
Sec. 12-27. - One-way streets designated.#
Upon the following streets, vehicular traffic shall move only in the following specified directions:
Adams Street, southerly from Child Street to Market Street.
Baker Street, easterly from Water Street to Main Street.
Barney Street, northerly from Market Street to Wood Street.
Bridge Street, easterly from Water Street to Main Street.
Broad Street, easterly from Water Street to Main Street.
Church Street, westerly from Main Street to Water Street.
Company Street, westerly from Main Street to Westminster Street.
Croade Street, westerly from Railroad Avenue to Main Street.
Davis Street, westerly and southerly from Water Street to Bowen Street.
Fairview Avenue, northerly from Laurel Lane to Harding Avenue.
Haile Street, easterly from Water Street to Lyndon Street.
Jefferson Street, westerly from Main Street to Eddy Street.
Joyce Street, easterly from Main Street to Railroad Avenue.
Parker Street, southerly from Market Street to Child Street.
Sanders Street, northerly from Child Street to Market Street.
State Street, easterly from Water Street to Main Street.
South Water Street, from Haile Street to Bridge Street. From Memorial Day to Labor Day during hours of summer camp, concerts, lifeguard on duty, and Burr's Hill Park events.
Turner Street, northerly from Child Street to Market Street.
Union Street, northerly from Miller Street to Main Street.
Warren Avenue, northerly from Liberty Street to Main Street.
Washington Street, westerly from Main Street to Water Street.
Washington Street, westerly from Lyndon Street to Water Street.
Wheaton Street, westerly from Main Street to Water Street.
Wood Street, easterly from Main Street to the intersection of Federal Street.
(Code 1967, § 22-41; Ord. of 11-9-71(1); Ord. of 5-30-72; Ord. of 1-11-77; Ord. of 3-11-80; Ord. of 6-11-80; Ord. of 7-8-80(1); Ord. of 1-8-85; Ord. of 9-17-91; Ord. of 8-8-2017(1); Ord. of 12-12-2017(1); Ord. of 12-10-2019; Ord. of 8-12-2025(1))
State Law reference— Authority of town council to designate one-way streets, G.L. 1956, § 31-12-12(4).
Sec 12-28. - Speed limits.#
Vehicles may not travel in excess of ten (10) miles per hour on Bridge Street or on Water Street from Campbell Street south to the intersection of Bridge Street.
Vehicles may not travel in excess of twenty (20) miles per hour on Maple Road
Vehicles may not travel in excess of fifteen (15) miles per hour on Touisset Point Road from where it intersects with Shell road to its western end, and on Calder Drive, North Street, Shell Road, Bay Street, Bayview Avenue, Hawthorne Street, Cedar Street, George Street, Bradbury Street, Emery Road, Circuit Drive, Brownell Street, Coggeshall Street, and Oyster Lane.
Vehicles may not travel in excess of twenty-five (25) miles per hour on Touisset Road or on Touisset Point Road north of its intersection with Shell Road.
(Ord. of 8-12-86; Ord. of 1-9-2007; Ord. No. O-2, 3-13-2007)
State Law reference— Authority of town to alter prima facie speed limits, G.L. 1956, § 31-12-12(10).
Sec. 12-29. - Left turn prohibited on certain streets.#
The driver of a vehicle shall not be permitted to make a left hand turn on the following streets:
Child Street, the driver of a vehicle traveling on a Westerly direction, shall not be permitted to make a left hand turn onto Arlington Avenue.
Child Street, the driver of a vehicle traveling on a Easterly direction shall not be permitted to make a left hand turn onto Metacom Avenue.
Metacom Avenue North, traveling in a southerly direction onto Kickemuit Road.
Miller Street, the driver of a vehicle shall not be permitted to make a left hand turn onto Miller Street from the south driveway of the business located at #375 Main Street (plat 3, lot 20) between the hours of 7:00 a.m. and 10:00 a.m.
(Ord. of 10-14-87; Ord. No. O-3, 8-14-2007; Ord. of 5-14-2024)
State Law reference— Authority of town to regulate or prohibit the turning of vehicles at intersections. G.L. 1956, § 31-12-12(9).
Sec. 12-30. - Designated fines.#
The designated fines for violation of this article are specifically listed as follows: Stop sign .....$35.00
Traffic signal .....35.00
One-way street .....35.00
Left turn prohibited .....35.00
Payment of such fines may be made in accordance with the provisions of section 12-64 of this Code.
(Ord. of 4-9-91(2); Ord. of 4-12-2005; Ord. No. O-3, 8-14-2007)
Secs. 12-31—12-50. - Reserved.#
ARTICLE III. - STOPPING, STANDING AND PARKING#
Footnotes:
--- (3) --- Cross reference— Parking on Burr's Hill Park, § 14-48; Annual Town Beach parking tickets, § 14-50.
State Law reference— Municipal authority to regulate the standing and parking of vehicles, G.L. 1956, § 31-12-12(1); stopping, standing and parking generally, G.L. 1956, § 31-21-1 et seq.
Sec. 12-51. - Prohibited in specified places.#
(a)
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police officer or traffic-control device, in any of the following places:
(1)
On a sidewalk;
(2)
In front of a public or private driveway;
(3)
Within an intersection;
(4)
Within eight (8) feet of a fire hydrant;
(5)
On a crosswalk;
(6)
Within twenty (20) feet of a crosswalk at an intersection;
(7)
Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
(8)
Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of zone, unless the town council indicates a different length by signs or markings;
(9)
Within fifty (50) feet of the nearest rail of a railroad crossing;
(10)
Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance when properly signposted;
(11)
Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(12)
On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13)
Upon any bridge or other elevated structure upon a street or highway or within a highway tunnel;
(14)
At any place where official signs prohibit stopping;
(15)
At or upon any marked "Fire Lane" in the Ocean State Plaza, Metacom Avenue or in any other area so marked as "Fire Lane";
(16)
At any place where official signs prohibit parking, or for a longer duration than is permitted at any place where official signs limit the time period for parking.
(b)
No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
(Code 1967, § 22-42; Ord. of 8-13-85(1); Ord. of 10-12-99)
State Law reference— Similar provisions, G.L. 1956, §§ 31-21-4, 31-21-5.
Sec. 12-51.1. - Fire lanes on private property devoted to public use.#
(a)
Requirement of fire lanes. Fire lanes shall be required as provided in NFPA 1 Chapter 3-5 for all new construction and as required by the fire chief or his designated representative for all existing occupancies, not to exceed NFPA 1, Chapter 3-5.
(b)
Designation of fire lanes.
(1)
The marking of fire lanes on private property devoted to public USC shall be designated by the fire chief and police chief or their designated representatives. Fire lanes shall mean any area appurtenant to entrances or exits of a building the fire chief and police chief or their designated representatives have established should remain free and clear of parked vehicles for access to such buildings in case of fire or other emergency which said area may include sidewalks, driveways, portions of parking lots, and other areas adjacent to or near said building entrances or exits, or any fire hydrant.
(2)
The designation by the fire chief and police chief or their designated representatives of such fire lanes shall never be held to make the town responsible for maintenance of such fire lanes but the owner of such property shall continue to be responsible for the maintenance of such area.
(3)
Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.
(4)
Upon the designation of a fire lane pursuant to this article, the fire chief shall give notice of such designation to the owner of such area directing the owner to cause signs to be posted at the expense of the owner at designated locations lettered "Fire Lane No Parking Anytime" Such signs shall be of a standard size and color of standard lettering and mounting conforming to specifications established by the fire code.
(5)
The official record of the designation and location of fire lanes shall be kept in the office of the fire chief.
(c)
Enforcement provisions.
(1)
It shall be the duty of the police department of this town to enforce the provisions of this chapter.
(2)
Whenever a person shall be charged with obstructing a fire lane such person shall be notified in writing.
(d)
Violations and penalties. Any person failing to comply with the provisions of this chapter shall be punished as provided in G.L. 1956, § 31-21-4 as amended.
(Ord. of 4-11-2000)
Editor's note— Ord. of 4-11-2000 pertained to fire lanes on private property devoted to public use and the substantive provisions were designated as § 12-51(17). For purposes of classification and to facilitate indexing and reference the editor has redesignated § 12-51(17) as § 12-51.1.
Sec. 12-52. - Prohibited parking generally.#
Except as otherwise expressly provided in this article, to ensure uniform parking on all streets, it shall be unlawful for the operator of any vehicle to stand or park such vehicle on the east side of any street which runs in a general northerly and southerly direction, or to stand or park such vehicle on the north side of any street which runs in a general easterly or westerly direction; except, that the provisions of this section shall not apply to Main Street upon which parking is permitted on both sides, except in designated restricted areas.
(Code 1967, § 22-51)
Sec. 12-53. - Manner of parking generally.#
Except as otherwise provided in this chapter or by ordinance, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within twelve (12) inches of the right-hand curb.
(Code 1967, § 22-43)
State Law reference— Similar provisions, G.L. 1956, § 31-21-7.
Sec. 12-54. - Stopping in street to transfer merchandise to another vehicle.#
No vehicle shall stop in a street for the purpose of transferring goods or merchandise from one (1) vehicle to another, except when it may be done with the wheels of at least one (1) vehicle close to the curb, but in no event in such a manner or to such an extent as to obstruct the regular course of travel.
(Code 1967, § 22-44)
Sec. 12-55. - Admission or discharge of passengers.#
The driver of any vehicle admitting or discharging passengers to or from his vehicle shall do so as close as practicable to the right-hand curb or edge of the roadway.
(Code 1967, § 22-45)
Cross reference— Taxicabs, Ch. 20.
State Law reference— Similar provisions, G.L. 1956, § 31-21-6.
Sec. 12-56. - Obstructing traffic generally.#
No person having charge of a vehicle shall place the same in any street so as to prevent or obstruct the passing of other vehicles, unless for a reasonable time when necessary, but not exceeding five (5) minutes at a time.
(Code 1967, § 22-46)
Cross reference— Obstructing sidewalks, § 18-2.
Sec. 12-57. - Storing, etc., vehicle in street.#
No person owning, possessing, or having the care of any vehicle of any description shall store or permit the same to remain unused and unattended in any street or part of a highway except temporarily in case of emergency.
If any such vehicle is on a town street or public highway, 48-hour notice to remove the vehicle shall be placed on the vehicle by the police; provided, however, that if such vehicle constitutes a present hazard or unduly obstructs traffic ingress to or egress from private or public property, the vehicle may be removed by the police without any prior notice.
(Code 1967, § 22-47; Ord. of 6-11-2024)
State Law reference— Unattended vehicles, G.L. 1956, § 31-22-1.
Sec. 12-58. - Prohibited on certain streets.#
(a)
It shall be unlawful for the operator of a vehicle to stop, stand or park such vehicle on or upon any of the following streets or parts thereof or in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic signals:
Asselin Street, south side.
Barker Avenue, west side.
Barney Street, both sides, between Market Street and Wood Street.
Bay Road and Clarke Road intersection, twenty (20) feet north on the west side of Bay Road and twenty (20) feet west on the north side of Clarke Road.
Bridge Street, north side.
Bridge Street, both sides of the westerly portion.
Child Street, both sides from Main Street to Railroad Avenue.
Child Street, both sides, from Metacom Avenue to the state line.
Church Street, south side, from Water Street west to dead end; parking will be permitted on the north side in this latter area.
Crescent Street, south side.
Eddy Street, both sides.
Green Street, southerly side from the southeast corner of Main Street for a distance of one hundred fifteen (115) feet.
Haile Street, from a point west of the railroad tracks to the southwest boundary of the Brochu property.
Hope Street, south side, between house street numbers #11 and #15.
Joyce Street, south side, from a point twenty-five (25) feet east of the driveway of the fire station to the corner of Joyce Street and Main Street.
Kelly Street, both sides.
Laurel Lane, both sides from Munro Avenue easterly to the end of the road.
Liberty Street, both sides.
Long Wharf Drive, on the cul-de-sac school days between 6:00 a.m. and 4:00 p.m.
Main Street, easterly side, from Green Street to Long Crossing.
Main Street, east side, in a northerly direction from Market Street to the Warren Bridge.
Manning Street, both sides, from Washington Street to Broad Street.
Manning Street, both sides, from Wheaton Street to Luther Street.
Manning Street, both sides, from Broad Street to Wheaton Street.
Metacom Avenue, west side, from Kickemuit Road to the deadend.
Miller Street, south side, from a point seventy-five (75) feet from the corner of Miller Street and Main Street to a point twenty-five (25) feet from the corner of Miller Street and Main Street.
Railroad Avenue, east side.
Redmond Street, west side and east side, from the intersection of Child and Redmond Streets, northerly one hundred six (106) feet.
Seymour Street, both sides.
Thompson Street, west side.
Vernon Street, both sides.
Warren Avenue, west side and on the east side limited to the area designated by "no parking" signs directly in front of #54-56 Warren Avenue.
Warren Town Wharf, west side of Water Street: from May 30 through September 1 of each year, parking is prohibited in areas of Warren Town Wharfs designated by "no parking" signs. Vehicles bearing a valid town issued permit or sticker may be allowed to park in the "no parking" area.
Water Street, both sides, from Haile Street to Bridge Street.
Water Street, west side, from Davis Street north to the intersection of Main Street and Water Street.
Wood Street, both sides, east of the intersection of Federal Street and Wood Street.
(b)
Generally. On any street within distance between designated signs and street corners.
(Code 1967, § 22-48; Ord. of 2-8-71; Ord. of 5-16-72(1); Ord. of 10-12-76(2); Ord. of 8-9-77(2); Ord. of 1-14-78; Ord. of 4-13-81; Ord. of 7-13-82; Ord. of 10-8-85; Ord. of 9-15-87; Ord. of 12-16-87(1); Ord. of 8-8-89; Ord. of 4-10-90; Ord. of 10-10-95; Ord. of 12-16-97; Amd. of 8-13-2001; Amd. of 4-14-2009; Ord. No. O-3, 8-14-2007; Ord. of 12-11-2012; Ord. of 5-12-2015(1); Ord. of 8-12-2025(2))
Sec. 12-59. - Prohibited on certain streets between 10:00 p.m. and 7:00 a.m.#
It shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle between 10:00 p.m. and 7:00 a.m. on any of the following streets:
Sanders Street.
(Ord. of 12-18-79)
Sec. 12-60. - Prohibited on certain streets in excess of specified time.#
(a)
It shall be unlawful for the operator of any motor vehicle to stop, stand or park such vehicle for any one (1) consecutive period of time longer than (2) hours between the hours of 8:00 a.m. and 5:00 p.m. except Sundays and holidays, on the following street(s) or parts thereof:
Broad Street, south side, from Lyndon to Main Street.
Child Street, south side, from Main to Cutler Street.
Church Street, south side, from Main to Water Street.
Jefferson Street, south side, from Main to Eddy Street.
Joyce Street, east of municipal driveway to Railroad Avenue.
Main Street, west side, from the corner of Broad Street north to the corner of Liberty Street.
Main Street, east side, from the corner of Croade Street north to the corner of Market Street.
Market Street, south side, from Main to Saunders Street.
Miller Street, south side, from Lewin (sic) to Main Street.
State Street, south side, from Eddy to Main Street.
Washington Street, south side, from Main to Lyndon Street.
Wheaton Street, south side, from Main to Lyndon Street.
(b)
It shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle at any time for any one (1) consecutive period of time longer than sixty (60) minutes on any of the following streets or parts thereof during the times designated:
Child Street, south side, from Cole Street to Cutler Street, between the hours of 7:00 a.m. and 6:00 p.m.
Metacom Avenue, west side, southerly from the southwesterly corner of Child Street and Metacom Avenue for a distance of four hundred (400) feet, between 8:00 a.m. and 8:00 p.m., except Sundays.
Turner Street, east side, between the hours of 6:00 a.m. and 9:00 p.m.
(c)
It shall be unlawful for the operator or any vehicle to stop, stand or park such vehicle at any time for any one (1) consecutive period of time longer than three (3) hours on any of the following streets or parts thereof during the times designated:
Baker Street, south side, from Parsonage Lane to Main Street.
Railroad Avenue, east side, from Child Street to the southern end of Railroad Avenue from 8:00 a.m. to 5:00 p.m., except Sundays and holidays, in parking spaces designated thereof. Parking spaces not subject to this restriction shall also be properly designated as non-restricted.
(d)
The restrictions set forth in this section shall be subject to any weather related parking bans issued by the town police department.
(Code 1967, § 22-49; Ord. of 7-11-72; Ord. of 10-12-76; Amend. of 7-13-2004; Ord. of 4-10-2012; Ord. of 6-12-2012)
Editor's note— Ord. of Apr. 10, 2012, changed the title of § 12-60 from prohibited on certain streets in excess of one hour during designated times to prohibited on certain streets in excess of specified time.
Sec. 12-61. - Prohibited after designated time on certain streets.#
It shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle after 8:30 p.m. on any of the following streets or parts thereof: Haile Street, west of the railroad tracks to a line even with the McDonald and Brochu property.
(Ord. of 5-30-72)
Sec. 12-62. - Prohibited on certain streets on Saturdays, Sundays and holidays from June first through September fifteenth.#
It shall be unlawful for the operator of any vehicle to park the same on any of the following streets or parts thereof at any time on any Saturday, Sunday or holiday from June first through September fifteenth in each year: Campbell Street, both sides.
Haile Street, both sides.
Lyndon Street, both sides, from Campbell Street to Haile Street.
(Code 1967, § 22-50)
Sec. 12-63. - Parking violations generally—Report of police officers.#
It shall be the duty of the police officers of the town, acting in accordance with instructions issued by the chief of police, to report: (1)
When a vehicle is parked in violation of any of the provisions of this chapter or other town ordinances;
(2)
The state license number of each such vehicle;
(3)
The length of time during which such vehicle is parked in violation of any provision of this article or other existing ordinances.
(Code 1967, § 22-52)
Sec. 12-63.1. - Restricted spaces.#
The western most portion of the town hall parking lot on the south side of Joyce Street shall contain nine (9) restricted spaces, marked with appropriate signage. The restrictions will be established and approved by resolution of the town council.
(Ord. of 12-11-2012)
Editor's note— Ord. of 12-11-2012 enacted provisions intended for codification as § 12-63. To avoid duplicate section numbers, said provisions have been redesignated as § 12-63.1.
Sec. 12-64. - Same—Payment of fines without personal appearance in court.#
(a)
Any person charged with the violation of any provision of this article or other traffic regulation relating to stopping, standing or parking of vehicles and notified in writing by a police officer to appear to answer such charge in court, instead of personally appearing in court, may in person or by one duly authorized by him in writing, appear before a municipal court clerk, admit the truth of such charge, and pay to such clerk the designated fine; provided, that such appearance, admission and payment be made at the town hall during regular business office hours, within seven (7) days of such notification and failure to so appear shall be deemed a waiver of the right to dispose of such charge without personal appearance in court. If payment of the fine or a plea of not guilty is not received prior to the fourteenth day after the date of violation, said fine(s) shall be doubled. In the event that the stated fine(s) are not paid or a plea of not guilty is not received prior to the twenty-eighth day after the date of violation, said fine(s) shall be tripled.
(b)
Any person charged with the violation of any provision of this article or other traffic regulation relating to stopping, standing or parking of vehicles may elect to mail in the parking violation tag to the municipal court accompanied by payment of the designated fine and the name and address of the violator. Such privilege of paying the fine by mail shall be exercised within fourteen (14) days from the date of the offense, and the date of depositing of the payment of such fine in a depository maintained by the United States Post Office Department for the collection of mails and the postage cancellation shall be prima facie evidence of the time of deposit.
When mail is used for payment of such fine the payment may be in cash or by check or by money order, such check or money order to be made payable to "Cash" or to the "Town of Warren," and where payment is attempted with a check drawn against insufficient funds, an additional payment not to exceed twenty-five dollars ($25.00) may be imposed against the violator.
When payment is by cash it shall be at the risk of the sender and the record of the municipal court shall be conclusive as to the receipt of the same and the amount thereof in absence of written evidence to the contrary.
(c)
Notice of any such violation shall indicate the offense charged, the schedule of fines for such violation, the time within which the privilege of paying such fine by mail may be exercised, the place to which such fine may be mailed and such other information as will enable the person charged to take advantage of the provisions of this section.
(d)
The payment of a fine as provided by this section shall operate as a final disposition of the charge and such proceeding shall not be deemed criminal.
(e)
As provided by RIGL 31-3-5, the Municipal Court of the Town of Warren, RI may, at its discretion request that the RI Division of Motor Vehicles refuse registration or transfer of registration of a vehicle(s) having unpaid fines in the aggregate of two hundred dollars ($200.00) or more. The sum of the two hundred dollars ($200.00) shall represent the aggregate value of the sum of the fines on the face of the ticket(s) and shall not include interest, penalties, or other monetary amount which may be imposed for failure to pay the fine(s) by a specified date.
(f)
If a motor vehicle has received three (3) parking citations (tickets) and has failed to pay such fines imposed pursuant to sections 12-64 and 12-66 or appear before the municipal court, the police may cause the vehicle to be immediately towed and impounded until all outstanding fines, court costs, towing and storage charges are paid in full.
(Code 1967, § 22-53; Ord. of 4-9-91(2); Ord. of 4-12-2005)
State Law reference— Payment of nonmoving traffic violation fines by mail, G.L. 1956, § 45-6.1-1 et seq.
Sec. 12-65. - Construction of article.#
None of the provisions of this article shall be construed to prevent the standing of vehicles for such time as is necessary to take on or leave passengers or when and where necessary to load and deliver with reasonable dispatch merchandise then in readiness for immediate loading or delivery.
(Code 1967, § 22-54)
Sec. 12-66. - Designated fines.#
(a)
A fine of twenty dollars ($20.00) shall be imposed for the following violations of this article:
(1)
Overtime parking;
(2)
Parking in restricted area;
(3)
Double parking;
(4)
Parking in firelane;
(5)
Parking on sidewalk;
(6)
Parking to obstruct driveway;
(7)
Parking within fifteen (15) feet of corner;
(8)
Parking with left wheels to curb;
(9)
Parking within eight (8) feet of fire hydrant;
(10)
Parking in excess of one (1) foot from curb; and,
(11)
Parking on marked crosswalk or within an intersection.
(b)
A fine of twenty-five dollars ($25.00) shall be imposed for violation of a winter snow parking ban.
(c)
Payment of the fines set forth in (a), (b) and (c) above may be made in accordance with the provisions of section 12-64 of this article.
(Ord. of 4-9-91(2); Ord. of 4-12-2005; Ord. of 9-6-2016)
Sec. 12-67. - Disability parking.#
(a)
No person, other than a disabled person in possession of a disability parking privilege placard as defined by RIGL § 31-28-7, or someone transporting such a person, shall park a vehicle in a parking space reserved for the use of the holder of a motor vehicle disability parking privilege placard as defined in that section (hereinafter "disability parking spaces"). Disability parking spaces shall be designated and identified by the posting of signs above ground level incorporating the international symbol of access of white on blue, and the words "Handicapped Parking," "Disability Parking," "Disabled Parking," or "Reserved Parking" at each space, at both ends of a row or series of adjacent disability parking spaces, or at the entrance to a parking lot restricted to only disability parking. Any person who parks in a disability parking space, whether off-street or on-street parking, in violation of this section shall be fined one hundred dollars ($100.00) for a first offense, one hundred seventy-five dollars ($175.00) for a second offense, if the second offense occurs less than one (1) year from the occurrence of the first offense, and three hundred twenty-five dollars ($325.00) for a third or subsequent offense. Further, the vehicle parked in violation may be towed at the owner's expense. Payment of the fines set forth in this section may be made in accordance with the provisions of section 12-64 of this article.
(b)
Disability parking space restrictions for on-street parking on a town road, adopted by the town council, shall not be printed in this Code, but shall be kept on file in the town clerk's office. The town clerk shall maintain a list of all disability parking space restrictions approved by the town council.
(c)
All amendments to the list of disability parking space restrictions shall be made by resolution of the town council; provided however, that no such resolution shall be adopted at the meeting at which it is introduced but shall, rather, be referred to a subsequent regular or special meeting at least seven (7) days thereafter for a vote.
(d)
Petition for on-street disability parking by disabled resident:
(1)
Purpose. The Town of Warren hereby establishes a mechanism to allow disabled residents to petition the town for designation of on-street disability parking. The purpose for establishing this mechanism is to allow the town to appropriately balance the needs of disabled residents for on-street disability parking, availability of on-street disability parking spaces, and concerns for traffic circulation, congestion, and public safety, in determining whether to designate a particular spot for on-street disability parking.
(2)
Any resident of the Town of Warren who is entitled to drive and/or be transported with use of a disability parking privilege placard (hereinafter the "petitioner") may petition the town council to designate a disability parking space restriction for an on-street space on any town road that provides frontage and directly abuts the property on which the petitioner's residence is located. The town council may enact, by resolution, a reasonable fee to be paid by any petitioner before the town accepts the petitioner's petition. The petitioner shall furnish evidence sufficient to demonstrate to the town council where the petitioner's residence is located and that the petitioner is entitled to drive and/or be transported with use of a disability parking privilege placard. The petitioner shall also provide a written statement and/or oral testimony to the town council explaining why he or she requires the on-street disability parking space. Prior to a public hearing before the council, as specified in subsection (d)(3) below, the petitioner's request shall be referred to the traffic commission for a recommendation to the council and the petitioners request shall also be reviewed by appropriate town staff for compliance with the requirements of the Americans with Disabilities Act (ADA).
(3)
Any petition filed under subsection (d)(2) of this section shall require a public hearing before the town council. Written notice of the date, time, and place of the public hearing and the nature and purpose of the hearing shall be sent to all owners of real property whose property is located in or within not less than two hundred (200) feet of the perimeter of the property on which the petitioner's residence is located. The notice shall be sent by first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the town. The cost of notice shall be borne by the petitioner and the petitioner's petition shall not be considered until these costs are paid and proper notice provided. Notice shall also be posted via signage on the street where the proposed disability parking spot is located, in as close proximity to where the proposed spot will be designated as feasible. The notice signage shall be posted not less than fourteen (14) days before the hearing on the petition. Following a properly noticed public hearing, the town council may either grant or deny the petition. If the petition is granted, it shall be by resolution, which shall be filed in the town clerk's office. Said resolution will note the name, residence address, and mailing address of the petitioner requesting the disability parking space, as well as stating the location of the disability parking space. A copy of the resolution shall be provided to the petitioner and shall give the petitioner notice that a renewal letter must be sent into the town clerk's office on a yearly basis. The department of public works shall erect signage to appropriately designate the disability parking space so granted.
(4)
If the petition is granted, the town clerk's office shall send a letter, return receipt requested, to the petitioner on an annual basis, to the mailing address provided on the granting resolution, requesting the petitioner to provide a written reply letter affirming that the petitioner still resides at the address listed on the resolution, is still entitled to drive and/or be transported with use of a disability parking privilege placard, and is still in need of the designated disability parking spot. The letter will inform the petitioner that if an affirming response is not received within thirty (30) days, the matter will be placed on the agenda of the next regular town council meeting for removal of the disability parking designation. If no response is received to this letter within thirty (30) days, or if a response is provided but the required affirmations are not made, the matter will be placed on the next available town council agenda for removal of the disability parking designation. The petitioner shall be entitled to present any evidence at this town council meeting to show that he or she still resides at the address listed on the resolution, is still entitled to drive and/or be transported with use of a disability parking privilege placard, and is still in need of the designated disability on-street parking spot. If the petitioner fails to present sufficient evidence to the town council at this meeting, or fails to appear at the meeting, the council shall remove the disability parking designation from the on-street parking space by way of resolution, which shall be recorded in the clerk's office. The department of public works shall then remove any signage marking the on-street parking space as designated for disability parking.
(e)
The designation of on-street disability parking spaces on any town road is entirely within the discretion of the town council. The designation of an on-street disability parking space on a town road does not create a property right in any petitioner, abutting property owner, resident of the town, or any other person. The town council may remove the designation of an on-street disability parking space on a town road at any time and for any reason. The town council has no authority to designate disability parking space restrictions for on-street parking on any state road.
(Ord. of 9-6-2016)
Secs. 12-68—12-99. - Reserved.#
ARTICLE IV. - STORM EMERGENCIES/PARKING BANS#
Sec. 12-100. - Authority.#
This article is adopted pursuant to R.I.G.L. 24-5-14 entitled snow and ice removal.
(Ord. of 1-14-97, § 1-100)
Sec. 12-101. - Purpose.#
The purpose of this article is to help maintain the public welfare, interest and safety by keeping all public highways, streets and thoroughfares in the town passable during and after a winter storm.
(Ord. of 1-14-97, § 1-101)
Cross reference— Removal of vehicles interfering with snow removal, § 12-9.
Sec. 12-102. - Declaration of storm emergency/parking ban.#
The director of public works or his/her designee is hereby authorized to declare, after consultation with the chief of police, and the town manager, or their designees, when a storm emergency/parking ban is to take effect. It shall be the responsibility of the director of public works to determine the type of notification to the public regarding such emergency.
The town manager, the chief of police and the public works director shall consult whenever, in the opinion of one or any of them, there exists a possibility of a traffic emergency due to an impending or present storm.
When a storm emergency/parking ban is declared, special traffic regulations and parking bans shall be in effect upon the highways, street and thoroughfares of the town during said emergency period.
(Ord. of 1-14-97, § 1-102)
Sec. 12-103. - Standards and circumstances necessitating storm emergency/parking ban announcements.#
A decision to declare a storm emergency/parking ban shall be based upon information obtained from, but not limited to, the United States Weather Service, or other weather service, the police department, and the public works department. Other items, such as the time of day, the expected traffic volume, the anticipated accumulation of snow, and the expected severity and duration of an anticipated storm shall also be considered in declaring a storm emergency/parking ban.
A decision to declare a storm emergency/parking ban shall be based upon, but not limited to, the following conditions: (1)
A storm emergency/parking ban may be issued when a substantial number of main thoroughfares become slippery from snow or ice, causing severe hazardous driving conditions.
(2)
A storm emergency/parking ban may be issued in the event the United States Weather Service, or other weather service, issues a forecast of an imminent storm which will result in an accumulation of more than one (1) inch of snow, necessitating the need to clear and maintain all the streets, highways, and thoroughfares of the town.
(3)
A storm emergency/parking ban may also be issued in the event the United States Weather Service, or other weather service, issues a forecast predicting imminent severe dangerous weather conditions.
(Ord. of 1-14-97, § 1-103)
Sec. 12-104. - Announcement of storm emergencies/parking bans.#
(a)
The police chief in conjunction with the director of public works is authorized to establish standard announcements of storm emergencies/parking bans.
(b)
Such announcements must include the date and time the storm emergency/parking ban is to take effect, as well as all other information deemed pertinent.
(c)
The police department shall notify the media that a storm emergency/parking ban has been put into effect. The media shall include, but is not limited to, all local and statewide radio and television outlets.
(Ord. of 1-14-97, § 1-104)
Sec. 12-105. - The lifting of the storm emergency/parking ban.#
(a)
Severe weather conditions. The duration of a storm emergency/parking ban shall be determined from the course and the duration of the storm, and the time required by the department of public works to safely clear the streets and highways of snow, or any debris. Once it is determined by the director of public works that the streets and highways are cleared, an announcement cancelling the storm emergency/parking ban will be made to the public following the same procedure as the original announcement instituting the storm emergency/parking ban.
(b)
A winter storm/snow parking ban. A storm emergency/parking ban shall remain in effect to allow for safe clearing of all streets and highways within the town, until cancelled by the director of public works.
(Ord. of 1-14-97, § 1-105)
Sec. 12-106. - The effect of a storm emergency/parking ban announcement.#
(a)
During the time a storm emergency/parking ban is in effect, parking shall be prohibited on all the streets, highways, and thoroughfares located within the town.
(b)
No person being the owner, operator or person in control of any motor vehicle shall park, or permit his motor vehicle to be parked on any public street, highway or thoroughfare in the town.
(c)
Any person being the owner of a vehicle found to be parked, disabled or abandoned on any public street, highway, or thoroughfare in the town shall be charged with a violation of this article, and shall be responsible for payment of all fines, fees and charges incurred due to said violation.
(d)
Any vehicle found to be parked, disabled or abandoned on the streets, highways, or thoroughfares of the town during a storm emergency/parking ban shall be removed and stored at the owner(s) expense until all fines and fees are paid in connection with such violation.
(Ord. of 1-14-97, § 1-106)
Sec. 12-107. - Enforcement of storm emergency/parking ban.#
(a)
Removal of vehicles. The police department is empowered and may summarily cause to be removed from the street, highways, and thoroughfares of the town, any motor vehicle parked in violation of this section when the presence of such motor vehicle interferes with the orderly removal of snow or ice from the streets.
(b)
List of towed vehicles. It will be the responsibility of the towing agent to keep a list of all vehicles towed by the agent to their designated storage area. It is also the responsibility of the towing agent to provide the police department with a list of all vehicles towed and stored by the agent during the storm emergency. A complete list of all towed vehicles shall be kept at the police headquarters, by which the owner of such vehicle so towed may learn the location of his vehicle. Failure to include any vehicle upon the list shall not, however, create any liability upon the town on account of towing. The town shall not be liable for damage or injury to the vehicles so towed, or for damage or loss to the contents thereof.
(c)
Issuance of parking violations. It will be the responsibility of the police department to issue parking violations to all towed vehicles.
Cross reference— Designated fines, § 12-66; parking violations, payment of fines, § 12-64.
(d)
Release of vehicles towed. Vehicles towed during a storm emergency/parking ban will not be released by the towing agent until a release is issued by the police department and the vehicle or owner in question has had a parking violation issued. It will be the responsibility of the owner of the towed vehicle to pay any and all towing and/or storage fees, to the towing agent before the release of the vehicle from the towing agent.
(Ord. of 1-14-97, § 1-107)
Sec. 12-108. - Towing agents.#
(a)
Towing agents to be appointed. The town council shall have the authority to appoint such towing agents as it deems necessary to tow and store all parked, disabled or abandoned vehicles during a storm emergency/parking ban.
All towing agents shall post with the town treasurer a bond in a sum satisfactory to the town and in a form satisfactory to the town solicitor or, in the alternative, provide sufficient evidence to satisfy the town or its representative that the agent has met any and all standards, regulations and requirements promulgated by the State of Rhode Island Public Utilities Commission that such agent has sufficient liability insurance or bond posted with the public utilities commission to indemnify and hold harmless the Town of Warren from any and all claims for damage to personal property arising out of the towing and storage of the motor vehicle.
(b)
Schedule of towing agents. At the beginning of each month a towing agent schedule shall be posted by the police chief. The police department's shift supervisor will notify the towing agents in advance, if possible, that their services are required.
(Ord. of 1-14-97, § 1-108)