The text
Footnotes:
--- (1) --- Cross reference— Cemeteries, Ch. 5; civil defense, Ch. 6; finance and taxation, Ch. 7; licenses and business regulations, Ch. 11; parks and recreation, Ch. 14; planning, Ch. 15.
State Law reference— Towns and cities, G.L. 1956, Title 45.
ARTICLE I. - IN GENERAL#
Sec. 2-1. - Adoption of ordinances.#
Except in the case of zoning ordinances and other ordinances for which the procedure for adoption and publication is prescribed by state law, the following procedure shall be followed by the town council in adopting ordinances of the town: (1)
Any ordinance may be introduced by any member of the council at any regular or special meeting of the council.
(2)
Upon introduction, the ordinance shall receive its first reading, verbatim, unless such reading is waived by a majority vote of the members of council present.
(3)
The ordinance shall then be referred to the town solicitor for his approval as to form and legality.
(4)
The proposed ordinance shall be delivered to the town clerk by the town solicitor, and the town clerk shall prepare a sufficient number of copies of the same so that one (1) copy thereof may be delivered by him to each member of council at or prior to the next regular meeting of council.
(5)
The proposed ordinance shall again be presented and read, which reading may be by title only, at such next regular meeting of council and if adopted, unless otherwise expressly provided in such ordinance, it shall become effective fifteen (15) days thereafter; provided, that the town clerk shall cause to be published the title of such ordinance or an informative summary thereof at least once in some newspaper having general circulation in the town.
(6)
If, in the opinion of council, an emergency exists, an ordinance pertinent to the emergency may be passed at the same meeting at which it is introduced, to become effective immediately upon publication of the title or an informative summary thereof in some newspaper having general circulation in the town. An emergency ordinance shall contain a specific statement of the emergency upon which it is based.
(7)
In the case of zoning ordinances and other ordinances for which the procedure for adoption and publication is prescribed by state law, such procedure prescribed by state law shall be followed.
(8)
It shall be the duty of the town solicitor to draft any ordinance upon the request of any member of the town council.
(Code 1967, § 2-2)
State Law reference— Ordinances generally, G.L. 1956, § 45-6-1 et seq.
Sec. 2-2. - Fees for town publications and copies.#
(a)
The town clerk may charge reasonable copying costs for any requested copies of town documents.
(b)
The town clerk, in consultation with the town council, will establish and post in a conspicuous place the purchase price for available town publications such as the Town Charter, the zoning change fee, and the harbor management plan.
(c)
The town clerk may charge the following fees for providing the services noted below:
(1)
Filing of wills .....$20.00
(2)
Filing of trade names .....20.00
(3)
Filing a request for an Amendment to Zoning Map .....550.00
(4)
Filing a request for an Amendment to Zoning Ordinance .....250.00
(If the cost for a zone change application exceeds five hundred fifty dollars ($550.00), the clerk shall bill the applicant for the balance).
(Ord. of 4-12-2005; Ord. of 8-11-2015(1))
Editor's note— An ordinance adopted Apr. 12, 2005, did not specify manner of codification; hence, designation as § 2-2 was at the editor's discretion.
Secs. 2-3—2-25. - Reserved.#
ARTICLE II. - TOWN COUNCIL#
Footnotes:
--- (2) --- Cross reference— Responsibility of town council regarding civil defense, § 6-3; when members of the council to be paid, § 7-5.
State Law reference— Councils and governing bodies, G.L. 1956, § 45-5-1 et seq.
Sec. 2-26. - Regular meetings.#
Regular meetings of the town council shall be held on the second Tuesday of each month and the president shall call the council to order promptly at 7:00 p.m.
(Code 1967, § 2-30; Ord. of 3-8-2011)
Sec. 2-27. - Special meetings.#
The president may call a special council meeting at any time provided he gives timely notice, either orally or in writing, to each member of the council. The president must call a special meeting upon the written request of three (3) or more members of the council.
(Code 1967, § 2-31)
Sec. 2-28. - Reserved.#
Editor's note— Ord. of Mar. 8, 2011 deleted § 2-28, which pertained to invocation and derived from the Code of 1967, § 2-32.
Sec. 2-29. - Quorum.#
A majority of the persons elected members of the town council shall constitute a quorum, the affirmative vote of a minimum of three (3) town council members at any legal meeting may determine any matter legally before them.
(Code 1967, § 2-33; Ord. of 3-8-2011)
State Law reference— Similar provisions, G.L. 1956, § 45-5-3.
Sec. 2-30. - Agenda.#
(a)
No business will be discussed at a regular council meeting unless the same be on the agenda or unless the same be permitted by consent of the majority of the council members present.
(b)
Any member of the town council desiring to place an item on the agenda must notify the town clerk no later than 12:00 noon the Tuesday immediately preceding the meeting by a written statement adequately describing the item to be placed on the agenda.
(c)
Any correspondence addressed to the town council or president as head of the town council, shall be placed on the next regular meeting's consent agenda.
(Code 1967, § 2-34; Ord. of 3-8-2011; Ord. of 6-9-2015)
Sec. 2-31. - President.#
(a)
The president shall preside at all council meetings.
(b)
He shall preserve order and decorum. He may speak in preference to the members, and shall decide all questions of order. He shall declare all votes.
(c)
Any motion shall be reduced to writing if the president shall so direct.
(d)
In the absence of the president, the members present, if a quorum, shall elect a president pro tempore who shall perform all the duties of the president and be clothed with all his powers.
(Code 1967, § 2-35)
Sec. 2-32. - Reserved.#
Editor's note— Ord. of Mar. 8, 2011 deleted § 2-32, which pertained to secretary and derived from the Code of 1967, § 2-36.
Sec. 2-33. - Order of business.#
(a)
The order of business for town council meetings shall be as follows:
(1)
Pledge of Allegiance.
(2)
Presentations, if any.
(3)
Appointments, if any.
(4)
Interviews, if any.
(5)
Acceptance of minutes.
(6)
Consent agenda.
(7)
Petitions, if any.
(8)
Public hearings, if any.
(9)
Introduction of ordinances, if any.
(10)
Old business.
(11)
New business.
(12)
Reports of the manager, department heads, solicitor, if any.
(13)
Adjourn.
(b)
All business on the agenda not disposed of at the time of adjournment shall be first in order on the agenda for the next meeting.
(c)
When any member is about to speak or to deliver any matter to the council, he shall respectfully address himself to "Mr. President," and the presiding officer shall recognize the member who shall first address him. When two (2) or more members address the president at the same time, the president shall name the member who is to speak first. A member shall not be interrupted while speaking except by a call to order. If called to order the member shall immediately cease speaking, unless permitted by the council to proceed, which shall be determined upon motion without debate. No member shall speak more than once on the same question until the other members who have not spoken shall speak if they so desire.
(d)
No motion shall be debated until it is seconded. A motion may be withdrawn by the mover at any time before a vote is taken on the motion.
(Code 1967, § 2-37; Ord. of 3-8-2011; Ord. of 4-14-2026)
Sec. 2-34. - Public hearings.#
(a)
Whenever a public hearing has been duly scheduled, the town sergeant shall, immediately prior to the hearing, obtain the names of the persons in the council chamber who wish to be heard and the approximate number of minutes they intend to speak.
(b)
The president of the council may limit the time allotted each speaker.
(c)
No persons will be permitted to speak until properly recognized by the president of the council.
(d)
All speakers will direct their remarks to the president of the council and will not engage in an argument or discussion with any other person attending the hearing.
(e)
No person will be allowed to speak a second time until all persons desiring to speak have spoken at least once.
(f)
The president of the council will announce the public hearing rules at the commencement of each public hearing session.
(Code 1967, § 2-38)
Sec. 2-35. - Parliamentary practice.#
The rules of parliamentary practice shall govern the council in all cases in which they are applicable and in which they are not inconsistent with these rules or the General Laws of the state.
(Code 1967, § 2-39)
Sec. 2-36. - Smoking prohibited.#
No smoking shall be permitted at any council meeting.
(Code 1967, § 2-40)
Sec. 2-37. - Adjournment.#
The town council shall not remain in session later than 11:00 p.m. on any meeting day without the consent of the majority of the members present.
(Code 1967, § 2-41)
Secs. 2-38—2-60. - Reserved.#
ARTICLE III. - OFFICERS#
DIVISION 1. - TOWN MANAGER#
Sec. 2-61. - Town manager.#
(a)
In addition to the duties of the town manager as set forth in Section 4.04 of the Town Charter of the Town of Warren, the town manager shall also be required, in connection with the preparation of the annual town budget, to forward to the town council:
(1)
The prior two (2) fiscal years' budgeted amount for revenues and all line-item expenditures, with a comparison of the actual amount of the expenses paid and revenues collected for each of the two (2) prior fiscal years.
(2)
A report of the actual amount of revenues collected, and the amount of the actual paid expenses by line item for the current fiscal year, with estimates for the amounts of revenues collected, and expenditures to be paid, for the remainder of the fiscal year, with an explanation if a four (4) percent or greater variance from the budgeted amount is anticipated.
(3)
New budget amounts to have explanations if there is a four (4) percent variance.
(4)
A review of the schedule of all town fees and fines, and recommendations for amendments to the fees and fines schedule, if any.
(5)
A review of the town's debt service status.
(6)
A review of all the town's special revenue funds.
(7)
A five-year capital plan.
(b)
The above items shall annually be submitted to the town council in writing prior to the town manager submitting the proposed budget as set forth in Section 18.11, but in no event shall it submitted later than the second Tuesday in March.
(Ord. of 1-13-2026(2))
Secs. 2-62—2-75. - Reserved.#
DIVISION 2. - SOLICITOR#
Footnotes:
--- (3) --- Cross reference— Duties of town solicitor regarding civil defense, § 6-13.
Sec. 2-76. - Duties generally.#
The duties of the town solicitor are as follows: (1)
To attend the meetings of the town council and to advise that body upon all legal questions arising before it, and draw ordinances.
(2)
To render legal opinions to the heads of the various departments of the town when called upon to do so, excluding the school department.
(3)
To advise with the chief of police upon all legal matters affecting the police department and to prosecute all cases brought by the police department before the judicial district court.
(4)
To defend all suits brought against the town when the addendum exceeds the coverage provided by insurance.
(5)
Provide legal service as defined in section 6-13.
(6)
All legal services performed by the town solicitor shall be on a fee basis or an annual contract for legal services. The manner of compensation to be determined by the town council. When the method of payment is on a fee basis, the fee shall be agreed upon and ordered by the town council. The town council is further authorized to employ additional legal counsel when appropriate on either a contract or fee basis.
(Code 1967, § 2-3; Ord. of 12-10-85(2))
Secs. 2-77—2-95. - Reserved.#
ARTICLE IV. - EMPLOYEES#
Secs. 2-96—2-120. - Reserved.#
ARTICLE V. - BOARDS, COMMISSIONS AND COMMITTEES#
Footnotes:
--- (4) --- Cross reference— Housing board of review, § 4-132; committee on finance, § 7-1; when members of the board, commissions and committees to be paid, § 7-5; hazardous waste management facility assessment committee, § 9-31; harbor management commission, § 10-61; board of recreation, § 14-26 et seq.; planning board, § 15-26 et seq.; subdivision board of review, § 19-31 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-121. - Reappointment.#
Whenever a term of a board or commission member is to expire, the town clerk shall issue a letter to the member requesting whether the board or commission member is interested in retaining his or her position. If the board or commission member requests to be reappointed, the council may reappoint the member at its discretion and the position need not be advertised. If the board or commission member does not request to be reappointed or if the council in its discretion decides to advertise despite the member's request to be reappointed, the town clerk shall advertise said position of the board or commission member by posting on the town's website and in a newspaper of general circulation within the town, to solicit applications from qualified members of the public who are interested in the position. The town council shall interview all applicants for the position prior to making an appointment to the said position.
(Ord. of 4-14-2015)
Secs. 2-122—2-135. - Reserved.#
DIVISION 2. - CONSERVATION COMMISSION#
Footnotes:
--- (5) --- Cross reference— Planning, Ch. 15.
State Law reference— Local conservation commissions, G.L. 1956, §§ 45-35-1—45-35-4.
Sec. 2-136. - Created.#
There is hereby created and established a conservation commission for the town.
(Code 1967, § 2-22)
State Law reference— Authority of council to create a conservation commission, G.L. 1956, § 45-35-1.
Sec. 2-137. - Composition; appointment and terms of members.#
The conservation commission shall consist of seven (7) members to be appointed by the town council. The initial appointees shall be appointed for the following terms: Three (3) shall be appointed for three-year terms, two (2) shall be appointed for two-year terms, and two (2) shall be appointed for a term of one (1) year. Thereafter, as terms expire, appointments, other than interim appointments, shall be for terms of three (3) years. Such commissioners shall continue to hold their respective offices until their successors are qualified.
(Code 1967, § 2-23)
State Law reference— Appointment and terms of conservation commission members, G.L. 1956, § 45-35-2.
Sec. 2-138. - Compensation of members.#
Members of the conservation commission shall serve without pay.
(Code 1967, § 2-24)
Sec. 2-139. - Clerk.#
The clerk of the zoning board of review, upon approval of the conservation commission, shall act as the clerk of the commission.
(Code 1967, § 2-25)
Sec. 2-140. - To be notified of proposals concerning resource use.#
The town planning board, the zoning board of review, and any other municipal board or agency concerned with resource use, shall notify the conservation commission of any proposals concerning resource use made by or to any of them. However, the failure to give such notification shall not vitiate any proposal or action thereon.
(Code 1967, § 2-26)
Secs. 2-141—2-150. - Reserved.#
DIVISION 3. - JUVENILE HEARING BOARD#
Footnotes:
--- (6) --- Editor's note— An ordinance adopted Oct. 9, 1990, amended the Code by adding provisions designated as §§ 13-12—13-17, which provisions have been redesignated herein by the editor as §§ 2-151—2-156 for purposes of classification.
Cross reference— Offenses and miscellaneous provisions, Ch. 13.
Sec. 2-151. - Establishment.#
There is hereby established within the town a juvenile hearing board with the powers set forth in this article for the purpose of hearing all cases referred to such board by the chief of police with respect to persons resident in the town under the age of eighteen (18) who are charged with violating the criminal codes of the state or the town.
(Ord. of 10-9-90 (1))
Sec. 2-152. - Referral.#
No person who is a resident of the town and under the age of eighteen (18) shall be referred to the family court for commission of a juvenile offense without having first been offered the opportunity to have his or her case heard before the juvenile hearing board, established herein, if the offense is one which if committed by an adult would be a misdemeanor; provided, however, that this requirement shall not apply in the case of any person: (1)
Charged with the crime of assault or battery or
(2)
Who shall have been twice previously referred to the juvenile hearing board or have been once previously referred and refused or failed to abide by the sanctions imposed or make the restitution recommended, and/or
(3)
Who, at the time of commission of such juvenile offense, shall be within the custody and control of the family court.
The chief of police may offer referral to the juvenile hearing board to any other juvenile offender where, in the opinion of the chief of police, such referral would be beneficial to the juvenile concerned and the community at large. No referral to the juvenile hearing board shall be made by the chief of police until such person, together with his/her legal guardians, shall have in writing waived such person's right to a hearing in the family court with respect to the offense charged, shall have agreed to guilt, and shall have agreed to abide by the decision of the juvenile hearing board.
(Ord. No. 10-9-90 (1))
Sec. 2-153. - Composition.#
The membership of the juvenile hearing board shall consist of five (5) persons and two (2) alternates over the age of eighteen (18) years, to be appointed by the town council, all of whom shall have been resident for at least three (3) years within the town, and none of whom shall be attorneys admitted to practice before the Supreme Court of the State of Rhode Island. The town council shall appoint one (1) member whose term shall expire on December 31, 1991, and thereafter until his successor is appointed and qualified; two (2) members whose term shall expire on December 31, 1992, and thereafter until their successors are appointed and qualified; two (2) members whose term shall expire on December 31, 1993, and thereafter until their successors are appointed and qualified. The two (2) alternates shall be appointed for one-year terms. During the month of December 1990, and annually thereafter, the town council shall appoint a member or members to succeed the member or members whose terms will then next expire, to serve for a term of three (3) years, commencing on the thirty-first day of December, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his or her service on the board.
(Ord. of 10-9-90 (1))
Sec. 2-154. - Duties.#
The juvenile hearing board shall hear all cases referred to it by the chief of police and shall recommend sanctions (other than incarceration) and shall direct restitution for any injuries resulting from the commission of such offense. In those cases in which the board shall order restitution, it shall attempt to assist the juvenile offender and his or her parents in providing a means whereby the offender may make such restitution including, without limiting the generality of the foregoing, attempting to provide, with the agreement of the director of public works or the superintendent of schools, suitable employment by the town. In any such proceeding the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed and the amount of restitution and manner of making the same. In order restitution, the juvenile hearing board shall take into account the juvenile offender's ability to pay and the amount of actual damage caused as a result of the commission of such offense.
(Ord. of 10-9-90 (1))
Sec. 2-155. - Meetings.#
The juvenile hearing board shall meet not less than one (1) time each month. It shall give notice of the matters to be heard before it to the chief of police, the juvenile officer, and the juvenile offender and his or her parents not less than seven (7) days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his or her behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile and his or her legal guardians, transact its business in public. The juvenile hearing board shall elect one (1) from its members as its chairman, and one (1) as its vice-chairman. In the absence of the chairman the vice-chairman shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted.
(Ord. of 10-9-90 (1))
Sec. 2-156. - Applicability.#
This article shall apply to all juveniles alleged to have committed an offense after the date of the enactment of the ordinance from which this article is derived.
(Ord. of 10-9-90 (1))
Secs. 2-157—2-250. - Reserved.#
ARTICLE VI. - PURCHASING#
Footnotes:
--- (7) --- Editor's note— An ordinance adopted Dec. 12, 1995, §§ 1—8, enacted provisions pertaining to purchasing. Such ordinance did not specify manner of codification; hence, inclusion in the Code as Art. VI, §§ 2-251—2-258, has been at the discretion of the editor.
Cross reference— Finance, Ch. 7; purchasing from suppliers indebted to city, § 7-6.
Sec. 2-251. - General provisions.#
This article sets forth a uniform policy for the purchase of or contracts for supplies, materials, equipment, and professional services or work for the Town of Warren. This article shall apply to all departments, offices, commissions, committees, boards, agencies or authorities of the town.
(Ord. of 12-12-95, § 1)
Sec. 2-252. - Administration.#
(a)
The town manager shall act as the purchasing agent and shall perform the work of buying for the town. This work shall be performed pursuant to rules and regulations developed by the manager with the approval of the town council.
(b)
The purchasing agent or an officer appointed by him/her shall purchase or contract for all supplies, materials, and equipment required by any department, office, commission, committee, council, board, agency or authority of the town.
(Ord. of 12-12-95, § 2)
Sec. 2-253. - Competitive bidding.#
Contracts for or purchases of supplies, materials equipment and professional services for work to be performed in excess of five thousand dollars ($5,000.00) shall be bid, competitively. No transaction that is essentially a unit shall be divided into a series of orders for the purpose of circumventing the requirements for competitive bidding.
(Ord. of 12-12-95, § 3; Amend. of 6-8-2004)
Sec. 2-254. - Procedures for competitive bidding.#
(a)
Public notice to bid: All requests for bids must be published in a newspaper of general circulation at least seven (7) days but not more than twenty-one (21) days before the date set for opening the bids.
(b)
All bids must be sealed.
(c)
Bids will be opened publicly in full view of the public at a time and place designated in the invitation to bid. Each bid shall be recorded and an abstract made available for public inspection. All documents pertinent to the awarding of a bid shall be retained in the bid file and made available and open to public inspection.
(d)
The contract or bid shall be awarded to the lowest responsible bidder. Awards will be in writing.
(e)
The town may, at it's discretion, reject any and all bids.
(f)
Bids specifications and all factors being equal, preference shall be given to the bidder whose primary place of business is in Warren.
(Ord. of 12-12-95, § 4)
Sec. 2-255. - Competitive negotiations.#
(a)
If the purchasing agent determines that the use of competitive sealed bids is not practicable, a contract may be awarded by competitive negotiation.
(b)
Procedures for competitive negotiations:
(1)
Adequate public notice for proposals shall be given in the same manner as specified in section 2-254.
(2)
Contracts may be competitively negotiated when the purchasing agent has determined in writing that the bid prices are unreasonable as to all or part of the requirements for which:
a.
Each competitive bidder has been notified of the intention to negotiate and given reasonable opportunity to negotiate; and
b.
The negotiated price is lower than the lowest rejected bid; and
c.
The negotiated price is the lowest negotiated price offered.
(c)
Negotiations after unsuccessful bidding.
(1)
If all bids submitted pursuant to competitive sealed bidding result in bid prices in excess of the funds available and the purchasing officer determines in writing:
a.
There are no additional funds available so as to permit an award to the lowest responsible bidder; and
b.
The best interests of the town do not permit the delay attendant to rebidding with revised specifications or quantities, a negotiated award may be made.
(2)
Where there is more than one (1) bidder, competitive negotiations shall be conducted with the three (3) bidders determined to be the lowest responsive and responsible bidders to the competitive bid invitation. Such competitive negotiations shall be conducted in accordance with 45-55-7(2) [of the General Laws].
(Ord. of 12-12-95, § 5)
Sec. 2-256. - Sole source procurement and emergency procurements.#
(a)
A contract may be awarded for a service, supply or construction item without competitive bid when the purchasing officer determines in writing that there is only one (1) source for the required item or service.
(b)
The purchasing agent may make or authorize others to make emergency procurements where there is a threat to public health, welfare or safety. Such procurements shall be made with such competition as is practicable under the circumstances.
When such purchases are made, a written determination of the basis for the emergency and selection of a particular contractor shall be included in the contract file.
(Ord. of 12-12-95, § 6)
Sec. 2-257. - Cancellation of invitations for bids and request for proposals.#
An invitation for bids, a request for proposals and other solicitations may be cancelled or all bids or proposals may be rejected if it is determined, in writing, by the purchasing officer that such action is in the best interest of the town.
(Ord. of 12-12-95, § 7)
Sec. 2-258. - Staff consultants.#
The procurement of the service of an attorney, physician or dentist is exempt of the provisions of this article.
(Ord. of 12-12-95, § 8)