The text
Footnotes:
--- (1) --- Editor's note— An ordinance adopted June 12, 2018(1), amended ch. 14 in its entirety to read as herein set out. Former ch. 14, §§ 14-1, 14-2, 14-26—14-28, 14-46—14-51, 14-60—14-68, pertained to similar subject matter, and derived from Code 1967, §§ 6-1—6-7; 25-1—25-4; Ord. of Aug. 10, 1971; Ord. of June 19, 1990(2); Ord. of Nov. 14, 1995; Ord. of Sept. 9, 2000; Amd. of June 8, 2010; Ord. of Aug. 9, 2011; Amd of Jan. 10, 2012; Ord. of July 14, 2015.
ARTICLE I. - IN GENERAL#
Sec. 14-1. - System established.#
A system of public recreation is hereby established for the town.
(Ord. of 6-12-2018(1))
State Law reference— Authority of towns to establish public recreation systems, G.L. 1956, § 32-3-2.
Sec. 14-2. - Use of tobacco and electronic cigarettes at all warren recreational fields, playgrounds and town beach.#
(a)
Use of tobacco and electronic cigarettes prohibited. Smoking, electronic cigarettes and other uses of tobacco products are hereby prohibited at any municipal athletic recreation areas/playgrounds/town beach in the Town of Warren.
(b)
Any person violating the section may be ejected from the athletic recreation area/playgrounds/town beach and/or may be fined not more than one hundred dollars ($100.00) per offense, which sum shall be collected for the use of the Town of Warren.
(c)
Any juvenile violating this statute [section] will be referred to the juvenile hearing board for adjudication.
(Ord. of 6-12-2018(1))
Secs. 14-3—14-25. - Reserved.#
ARTICLE II. - BOARD OF PARKS AND RECREATION AND DEPARTMENT#
Footnotes:
--- (2) --- Cross reference— Boards, commissions and committees, § 2-121 et seq.
State Law reference— Authority of town council to establish a board of recreation, G.L. 1956, § 32-3-4.
Sec. 14-26. - Board of parks and recreation—Established; powers and duties.#
A board of parks and recreation was established in 1967. It shall serve the town council and town manager in an advisory role and shall assist the director of parks and recreation in carrying out his/her duties and responsibilities, as stated above. In addition, the board is invested in advising, promoting, and developing programing. They shall monitor the condition and usage of facilities and recommend policy changes to enhance the public's ability to use and enjoy facilities and programs, while safeguarding and preserving public property and minimizing risk to public safety.
(Ord. of 6-12-2018(1))
Sec. 14-27. - Composition; appointment and terms of members; filling vacancies; organization.#
(a)
The board of parks and recreation and department shall consist of five (5) members to be appointed by the town council for three-year terms, staggered so that no more than two (2) terms will expire in any one (1) year. No voting member shall be an elected official or employee of the Town of Warren.
(b)
Each member of the board of parks and recreation and department shall hold office until a successor is appointed and qualified.
(c)
In case any vacancy should occur in such board from any cause, the town council shall appoint a member of such board to fill the vacancy for the remainder of the term.
(d)
The members of the board of parks and recreation and department may be removed by the town council for cause after hearing as it shall deem sufficient and shall express in the order of removal.
(e)
Immediately after any selection of a member of such board, such board shall organize and elect one (1) of its members as its chairman.
(f)
The board of parks and recreation and department may engage the services of a secretary or recorder within the limit of the funds available to it, or may appoint one (1) of its members as secretary.
(g)
The town council shall appoint a member of the school committee and the director of public works as ex-officio members of the board. Ex-officio members shall have no right to vote and shall not be counted in determining a quorum.
(Ord. of 6-12-2018(1))
Sec. 14-28. - Director of parks and recreation—Established; powers and duties.#
The following list is an enumeration of the parks and recreation director's powers and duties: (1)
Develop and implement a comprehensive recreation program for the Town of Warren, as well as a permitting program for public use of the parks and recreational facilities of the town, in accordance with the provisions of this Charter and all applicable town policies, ordinances, state laws and regulations, and grant agreements, subject to approval by the town council;
(2)
Develop master plans, a capital improvement plan, annual budgets, and pursue technical and financial assistance from public and private sources;
(3)
Establish such administrative policies and rules as necessary for the efficient and effective operation of the department, subject to approval by the town manager;
(4)
Hire and supervise seasonal program staff as needed, subject to availability of funding in the approved budget;
(5)
Ensure the public has easy and timely access to up to date information about facilities, programs, events and schedules,
(6)
Direct applicants for facility use permits who also need town council approval(s) to apply for such approvals and provide the town council with relevant information and recommendations, in a timely manner.
(Ord. of 6-12-2018(1))
Sec. 14-29. - Appointment of director.#
The director of parks and recreation shall be hired by, and work under the supervision of, the town manager. The position shall be part-time, provided that the town manager may increase the number of hours, up to full-time, during certain times of the year, subject to availability of funds in the approved budget.
(Ord. of 6-12-2018(1))
Sec. 14-30. - Qualifications.#
The director of parks and recreation shall have demonstrated organizational, administrative and supervisory experience with recreational programs and projects, interdepartmental coordination and community outreach.
(Ord. of 6-12-2018(1))
Sec. 14-31. - Employment.#
The director of parks and recreation may employ seasonal part time workers to assist in providing recreational activities and opportunities.
Residency requirement. The director of parks and recreation will seek the best qualified staff available for the salary range authorized. If all other selection factors are equal, a resident of the Town of Warren shall have preference over a non-resident application.
(Ord. of 6-12-2018(1))
State Law reference— Powers of recreation board, G.L. 1956, § 32-3-3.
Secs. 14-32—14-45. - Reserved.#
ARTICLE III. - PARKS AND RECREATION AREAS#
Footnotes:
--- (3) --- State Law reference— Town parks generally, G.L. 1956, § 32-3-1 et seq.; municipal authority to regulate public parks, G.L. 1956, § 32-3-1.
Sec. 14-46. - Use by residents and guests.#
The public parks of the Town of Warren are intended primarily for the use of residents of the Town of Warren and their guests. Priority for such permits as may be required by the terms of this chapter for the use of facilities in public parks shall be given to residents of the Town of Warren.
(Ord. of 6-12-2018(1))
Sec. 14-47. - Fires prohibited.#
There shall be no fires for cooking or any similar purposes ignited or used in any town recreational areas unless approved by the Warren Parks and Recreation Department and a permit is issued.
(Ord. of 6-12-2018(1))
Cross reference— Fire prevention and protection, Ch. 8.
Sec. 14-48. - Vehicles on any town park and recreational areas.#
Except as otherwise provided, there shall be no parking of motorized vehicles on any town fields or facilities without approved permits from the parks and recreation department. This shall not be construed to prohibit the parking of cars in the area presently paved and adjacent to such park.
(Ord. of 6-12-2018(1))
Cross reference— Stopping, standing and parking, § 12-51.
Sec. 14-49. - Use of facilities generally.#
(a)
All pets must be under control and kept on a leash at all times while in any of the town's park and recreational facilities. Those in control of said animals are required to clean up after their animals and may be required to show proof of same when requested by park or police personnel. (see Article V, Athletic Recreation Sites and Facilities for further restrictions.)
(b)
Littering is prohibited, trash must be disposed of in the receptacles provided.
(c)
No alcohol beverages shall be consumed or sold at any parks and recreational facility without a permit issued by the town council.
(d)
No person shall be allowed to sell goods or services at any of the town's parks and recreation areas without a peddler's license issued by the town council.
(e)
No camping is permitted, except by special permit issued by the parks and recreation department.
(f)
No person shall be allowed to feed any fowl of any type, including seagulls, ducks, geese and pigeons, in any public recreation area.
(g)
No person shall cut, remove, or damage any tree, shrub or vegetation within a park area, nor shall any person deface any building or public property.
(Ord. of 6-12-2018(1))
Sec. 14-50. - Annual town beach parking tickets.#
Should the town institute a fee; the following regulations would apply: (1)
Generally. For a fee a resident owner of a motor vehicle residing in the town may apply for and receive for each motor vehicle owned by him an annual motor vehicle parking ticket for use in the town beach, subject to the following regulations:
a.
Only a bona fide resident of the town shall be entitled to receive an annual ticket, which may be effective for the motor vehicle registered to him as indicated by satisfactory proof of registration. Persons in the immediate family of the resident may use such ticket; provided, that the same is being used for family purposes. For the purpose of this section resident shall include any person leasing or renting real estate in the town for the summer season, and such applicant shall have the burden of proving such fact to the satisfaction of the town clerk; and owner shall include any person otherwise qualifying as a resident who shall regularly use one (1) certain motor vehicle during residence.
b.
Such parking tickets shall be good only for the annual season printed thereon.
c.
The ticket shall entitle the holder to space for the parking of the motor vehicle upon that portion of the town's property used as a parking space at the town beach only when such space is available.
d.
A ticket issued hereunder is a revocable privilege and its use may be suspended at any time by the chief of police, such suspension to endure until the next meeting of the town council, when the privilege may be revoked or such suspension lifted at the pleasure of the council.
e.
Such ticket holder is subject to all police regulations and to restrictions and regulations which have been or may be ordered by the town council from time to time limiting time for parking or dealing with any other matters affecting the town beach.
(2)
Form. The form of annual motor vehicle parking ticket provided for by the preceding paragraph shall be as follows:
The face of ticket shall bear in large skeleton letters the words and figures "Warren, Rhode Island—Town Beach—1988" or other year.
(Ord. of 6-12-2018(1))
Cross reference— Stopping, standing and parking, § 12-51 et seq.
Sec. 14-51. - Hours open to the public.#
Warren's parks and recreational facilities that are lighted shall be opened to the public only from sunrise until 10:30 p.m. Facilities that are not lighted shall be open to the public only from sunrise to sunset. The parks and recreation director is authorized to adjust specific park hours as needed to ensure the safety of the public and the security of the facilities.
(Ord. of 6-12-2018(1))
Sec. 14-52. - Permits and rentals.#
(a)
The rental and reservation of fields and facilities will follow the Facility Use Policy Book. The Warren Parks and Recreation Director will approve permits/requests for usage of recreational facilities[,] including but not limited to Jamiel's Park, Warren Town Beach, Burr's Hill Park, Warren Recreation Park, Pete Sepe Pavilion, and Veteran's Park. Warren residents will have priority.
(b)
Permit forms for use of park and recreation facilities may be obtained from the parks and recreation director or on the town's web site.
(c)
Permits for the use of a facility will be issued by the parks and recreation director for league use of fields, courts and indoor space and for special events such as charity games, fairs, or any other recognized non-profit organization or group.
(d)
Users will be required to provide documentation of the required liability insurance for their intended use. No applications or use agreements shall be approved without submission of the insurance certificate.
(e)
An indemnification waiver is required for any permits requesting the permission of a town council approved liquor license and may be required by the parks and recreation director for additional uses.
(f)
All fees associated with the permitted use will be the responsibility of the permittee. Fees will be suggested by the parks and recreation director and board and approved by the Warren Town Council.
(g)
Permission of installation and use of any equipment or structures associated with the activity of the use must be obtained in advance through the parks and recreation department. The user shall be solely responsible for setting up and removing all such equipment.
(h)
Permittees must follow the rules and regulations set forth in the facility use policy book.
(Ord. of 6-12-2018(1))
Secs. 14-53—14-59. - Reserved.#
ARTICLE IV. - PASSIVE RECREATION SITES AND CONSERVATION AREAS#
Sec. 14-60. - Company street.#
The area at the westerly most end of Company Street, measuring twenty (20) feet north and south, more or less, along the water's edge determined by the placement of the breakwater, extending twenty (20) feet east turning a right angle twenty (20) feet south, again turning a right angle twenty (20) feet west to the water's edge determined by the breakwater, shall be kept and maintained to perpetuity as a passive recreation area to view and enjoy the waterscape panorama.
(Ord. of 6-12-2018(1))
Sec. 14-61. - Conservation areas. (Any additional areas since 2012)#
The Town of Warren, in its governmental and proprietary capacity, is the owner of tracts or parcels of land located within said town for the purpose of conserving open space and protecting the environment. Those said tracts or parcels of land that are designated as "conservation areas" are: Site Name Assessors Plat and Lot
Kickemuit River Asylum Road 19/070
Belcher Cove Belcher Cove 3/151 and 1/56
Market Street 22/023
Town Beach Town Beach 7/080
Burrs Hill Park Burrs Hill Park 6/080
Market Street Land Market Street 23/014
Palmer River Souza 23/018
Kickemuit River Brito 19/048
Kickemuit River Asylum Road 19/049 and 10/060
Kickemuit River Railway 19/078
Wujcik Farm Warren Reservoir 22/038
Wujcik Farm Heritage Park 20/003-005
Jamiel Park Jamiel Park Ball Fields 9/108
Jamiel Park Jamiel Park 9/005-006 and 9/091
Fatima Drive 15A/49
Baker Street Scenic
Waterfront Overlook
Patterson Avenue 13D/24-25
(Ord. of 6-12-2018(1))
Sec. 14-62. - Use of conservation areas.#
(a)
Conservation areas shall be open to the general public, but no horses and no vehicles of any kind, whether powered or unpowered, except bicycles, shall be permitted thereon. Such areas shall be used only in a manner consistent with their designation as conservation areas. Notwithstanding the foregoing, in any conservation area where a specific use is permitted, such as farming, public gardens or boat launching, such use shall be considered a permitted use in such area.
(b)
The following restrictions shall apply to the use of all conservation areas:
(1)
Conservation areas shall be open to the general public daily from sunrise to sunset.
(2)
The deposit of any trash is hereby specifically prohibited in conservation areas.
(3)
No person shall light, build or make any fire in any conservation area unless first approved by the fire chief.
(4)
No person shall maliciously take, pluck, injure, destroy, cut, mark or deface any flower, root, plant, shrub, tree, building, fence, wall, gate or monument or other property in any conservation area.
(c)
The town manager shall have the authority, subject to approval by the town council to enact other rules and regulations from time to time for the use of conservation areas not in conflict with this article.
(Ord. of 6-12-2018(1))
Sec. 14-63. - Enforcement.#
The town manager shall cause the restrictions set forth in this article, along with any additional rules and regulations for the use of conservation areas, to be posted at each such conservation area. The town police department shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. The town police department shall have the authority to order any person or persons acting in violation of this article to leave the conservation area, in addition to their lawful enforcement powers.
(Ord. of 6-12-2018(1))
Sec. 14-64. - Penalty.#
Any person, firm or corporation who violates any of the provisions of this article shall be subject to the penalties as set forth in section 1-8 of this Code, and each day of a continuing violation shall count as a separate offense.
(Ord. of 6-12-2018(1))
Secs. 14-65—14-80. - Reserved.#
ARTICLE V. - ATHLETIC RECREATION SITES AND FACILITIES#
Footnotes:
--- (4) --- Editor's note— To allow for reserved sections preceding this article, §§ 14-64—14-68 have been renumbered as §§ 14-81—14-84 at the discretion of the editor.
Sec. 14-81. - Athletic recreation sites and facilities.#
The Town of Warren, in its governmental and proprietary capacity, owns and maintains tracts or parcels of land located within said town for the purpose of providing athletic fields and facilities for competitive sports. Those said tracts or parcels of land are designated as "athletic recreation sites and facilities".
(Ord. of 6-12-2018(1))
Sec. 14-82. - Use of athletic recreation sites and facilities.#
(a)
Athletic recreation sites and facilities shall be open to the general public, subject to control, supervision and oversight by the town and the town board of parks and recreation and department. Such sites and facilities shall be used only in a manner consistent with their designation as athletic recreation sites and facilities.
(b)
The following restrictions shall apply to the use of all athletic recreation sites and facilities:
(1)
Athletic recreation sites and facilities shall be open to the general public daily from sunrise to sunset, unless the site and facility is lighted for nighttime athletic and sporting events.
(2)
No person shall be allowed to bring, walk, or otherwise take a dog in or onto any athletic recreation site or facility during any season in which a sport or athletic contest or activity is being played or conducted.
(3)
No alcoholic beverages, smoking, or vaping are allowed.
(4)
Parking is only allowed in designated areas.
(c)
Maintenance of the facilities. Teams are responsible for above the ground maintenance to the facility. This includes lining the fields. Any time a team/organization must break ground that becomes the responsibility of the Town of Warren. Teams/organizations must notify the parks and recreation department is these cases to collaborate with the department of public works.
(d)
Insurance. the user shall provide proof of general liability insurance coverage, naming the town as additionally insured. This must be provided before teams/organizations uses a facility.
(e)
Wet field policy. In the event of inclement weather, fields may be closed. It is the user group's responsibility to check the parks and recreation department's Facebook page after 2:00 p.m. (Monday—Friday) or after 8:00 a.m. (Saturday, Sunday or Holidays) to verify field closures. Groups cannot play on fields that have been closed. If use does take place when the fields have been closed, the parks and recreation department may bill the user group for damage to the fields and/or revoke permits.
(f)
Buildings and sheds. New structures must have the approval of the parks and recreation department. Once a structure is erected, it must be maintained by the team/organization. If structures are not maintained the parks and recreation department/DPW reserve the right to remove them.
(g)
Rentals and scheduling. A facility use permit must be filed with the parks and recreation department before a team/organization use a facility. All scheduling will be completed by the parks and recreation department. No teams/organizations have the full rights to any facility.
(h)
All trash and litter must be collected and properly disposed of in designated trash receptacles or dumpsters. Trash clean up shall include but is not limited to practice and game areas.
(i)
The town manager shall have the authority, subject to approval by the town council to enact other rules and regulations from time to time for the use of athletic recreation sites or facilities.
(Ord. of 6-12-2018(1))
Sec. 14-83. - Enforcement.#
The town manager shall cause the restrictions set forth in this article, along with any additional rules and regulations for the use of athletic recreation sites or facilities to be posted at each such athletic recreation site or facility. The town police department shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. The town police department shall have the authority to order any person or persons acting in violation of this article to immediately leave the athletic recreation site or facility, in addition to any other of their lawful enforcement powers.
(Ord. of 6-12-2018(1))
Sec. 14-84. - Penalty.#
Any person, firm or corporation who violates any of the provisions of this article shall be subject to the penalties as set forth in section 1-8 of this Code, and each day of a continuing violation shall count as a separate offense.
(Ord. of 6-12-2018(1))