The text
Sec. 76-1. - Definitions.#
Unless the context otherwise requires, the following words and terms used in this chapter shall have the meanings respectively ascribed to them in this section:
Crosswalk means that portion of a roadway ordinarily included within the prolongation of curb and property lines at intersections, or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the surface.
Disabled and disabilities means an impairment which prevents or impedes walking, which shall include but not be limited to: i) an impairment which prevents walking and requires use of a wheelchair; ii) an impairment which involuntarily causes difficulty or insecurity in walking or climbing stairs with or without the need to use braces, crutches, canes, or artificial support; (iii) an impairment caused by amputation, arthritis, or an orthopedic condition; (iv) an impairment in respiratory, circulatory, or neurological health which limits the person's walking capability; or (v) an impairment caused by the taking of medication that prohibits a person from holding a driver's license.
Driveway means every road or driveway not open to the use of the public for the purpose of vehicular traffic.
Intersection means the area embraced within the prolongation of the lateral curblines, or, if none, then the lateral boundary lines of two or more streets or highways which join one another at an angle, whether or not one such street or highway crosses the other.
Motorized device means a device which may be propelled by human power or helper power or by both, with a motor rated not more than one and one-half brake horsepower or two (S.A.E.) horsepower, which is capable of a maximum speed of not more than 30 miles per hour, except vehicles moved exclusively by human power, electric personal assistive mobility devices, including Segways, motorized wheelchairs and motorized scooters designed for individuals with disabilities, or any other vehicle utilized by a disabled person as his or her only practicable means of transportation.
Official traffic signs means all signs, markings and devices, not inconsistent with this chapter, placed or created by authority of a public body or official having jurisdiction, for the purpose of guiding, directing, warning or regulating traffic.
Operator means any person who is in actual physical control of a vehicle.
Parking means the standing of a vehicle, whether occupied or not, attended or unattended, upon a street, otherwise than temporarily for the purpose of and while expeditiously taking on or leaving passengers or loading or unloading merchandise then in readiness for immediate loading or delivery, or otherwise than in obedience to traffic regulations or traffic signs or signals.
Pedestrian means any person afoot.
Roadway means that portion of a street or highway between the regularly established curblines or that part devoted to vehicular traffic.
Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
Sidewalk means that portion of a street between the curblines and adjacent property lines.
Traffic means pedestrians, ridden animals, herded animals, streetcars and other conveyances either singly or together while using any street for purposes of travel.
Vehicle means every device or means in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices used exclusively upon stationary rails or tracks.
(Code 1971, § 22-1; Ord. No. O-05-28, § I, 9-20-05)
Cross reference— Definitions generally, § 1-2.
State Law reference— Motor vehicle code definitions, G.L. 1956, § 31-1-2 et seq.
Sec. 76-2. - Enforcement of chapter; persons authorized to direct traffic.#
It shall be the duty of the city to enforce the provisions of this chapter. Officers of the police department, members of the community service organization and crossing guards are hereby authorized to direct all traffic either in person or by means of visible or audible signs in conformance with the provisions of this chapter.
(Code 1971, § 22-2; Ord. No. O-94-5, § I, 3-21-94)
State Law reference— Power of local authorities to regulate traffic by means of police officers, etc., G.L. 1956, § 31-12-12(2).
Sec. 76-3. - Applicability of chapter to public vehicles.#
The provisions of this chapter shall apply to the operator of any vehicle owned by or used in the service of the United States government, this state, or the city, and it shall be unlawful for any such operator to violate any of the provisions of this chapter, except as otherwise permitted by law.
(Code 1971, § 22-3)
State Law reference— Similar provisions, G.L. 1956, § 31-12-4.
Sec. 76-4. - Entering or riding on vehicle without permission; attachment to moving vehicle; distracting driver.#
(a)
No person shall enter, go upon, ride upon, cling to or support himself/herself 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.
(b)
It shall be a violation for any person to unlawfully cling or attach himself/herself to any moving vehicle while being operated on any public highway in the city.
(c)
It shall be a violation for any person to sit so closely as to distract or to otherwise distract the driver of a motor vehicle while it is moving.
(Code 1971, §§ 22-4, 22-59)
Sec. 76-5. - Parades.#
(a)
Definitions. As used in this section:
Parade means any parade, march, motorcade, ceremony, show, exhibition, pageant, road race, bicycle race, walk-a-thon or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, in or upon any public street, sidewalk, alley, park or other public place in the city.
Parade permit means a permit as required by this section.
(b)
Permit required; exceptions. No person shall engage in, participate in, aid, form or start any parade without a parade permit from the board of public safety. This section shall not apply to:
(1)
Funeral processions.
(2)
Students going to and from school or participating in educational activities.
(3)
A governmental agency acting within the scope of its functions.
(c)
Application for permit. A person seeking issuance of a parade permit shall file an application with the chief of police on forms provided by such officer.
(1)
Filing period. An application for a parade permit shall be filed with the chief of police not less than 30 and not more than 60 days before the date on which it is proposed to conduct the parade.
(2)
Contents. The application for a parade permit shall set forth the following information:
a.
The name, address and telephone number of the person seeking to conduct such parade.
b.
If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
c.
The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct.
d.
The date when the parade is to be conducted.
e.
The route to be traveled, the starting point and the termination point.
f.
The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals, and a description of the vehicles.
g.
The hours when such parade will start and terminate.
h.
A statement as to whether the parade will occupy all or only a portion of the location proposed to be traversed.
i.
The location by streets of any assembly areas for such parade.
j.
The time at which units of the parade will begin to assemble at any such assembly area or areas.
k.
The interval of space to be maintained between units of such parade.
l.
Any additional information which the board of public safety shall find reasonably necessary to make a fair determination as to whether a permit should issue.
If the parade is designed to be held by, on behalf of or for any person other than the applicant, the applicant for such permit shall file with the board of public safety a communication in writing from the person proposing to hold the parade authorizing the applicant to apply for the permit on his/her behalf.
(3)
Late applications. The board of public safety, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than ten days before the date such parade is proposed to be conducted.
(d)
Standards for issuance of permit. The board of public safety shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, the board finds that:
(1)
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
(2)
The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city.
(3)
The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed lines of march and areas contiguous thereto.
(4)
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.
(5)
The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire.
(6)
The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance.
(7)
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
(8)
The parade is not to be held for the principal purpose of advertising any product, goods or event, and is not designed to be held principally for private profit; provided that such a parade may be permitted upon the condition that the person seeking to conduct the parade agrees to pay any costs for the police or special police detailed to the parade.
(e)
Alternate permit. The board of public safety, in denying the application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, over a route and under other conditions reasonably necessary for the public safety different from those named by the applicant. An applicant desiring to accept an alternative permit shall within five days after notice of the alternative permit file a written notice of acceptance with the chief of police.
(f)
Grant or denial of permit. At the next meeting of the board of public safety subsequent to the submission of the application, the board of public safety shall determine if the proposed parade meets the standards hereinabove prescribed, and shall grant the permit if and only if the conditions are met. The board of public safety shall note the reasons for any denial. Notice of the grant or denial and reasons therefor shall be given in writing by the chief of police to the applicant within three days after the action of the board of public safety.
(g)
Contents of permit. Each parade permit shall state the following information:
(1)
Starting time.
(2)
The portions of the streets to be traversed that may be occupied by the parade.
(3)
The maximum length of the parade in miles or fractions thereof.
(4)
Such other information as the chief of police shall find necessary to the enforcement of this section.
(h)
Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(i)
Possession of permit. The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his/her person during the conduct of the parade.
(j)
Public conduct during parades.
(1)
Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
(2)
Driving through parade. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(3)
Parking on parade route. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this section.
(Code 1971, § 22-5)
Cross reference— Streets and sidewalks, ch. 70.
State Law reference— Authority to regulate parades and processions, G.L. 1956, § 31-12-12(3).
Sec. 76-6. - One-way traffic.#
Upon the following streets, or upon the following parcels of city-owned property, vehicular traffic shall move only in the following specified direction:
Access road from Oakland Beach. Vehicles shall move northerly along the access road from Oakland Beach to Burr Avenue.
Alice Avenue. In an easterly direction, from Grandview Drive toward Ferncliff Avenue.
Asylum Road at Park Elementary School. In a westerly direction on that portion of Asylum Road which abuts the parking area of the Park Elementary School from a point 150 feet east of Griffin Drive and in an easterly direction on that portion of Asylum Road which abuts the parking area of the Park Elementary School from a point 175 feet east of Griffin Drive.
Columbia Avenue. Vehicles shall move in an easterly direction from Fair Street to Pleasant View Road.
Cypress Street. Vehicles shall move in a southerly direction from Jefferson Boulevard to Chestnut Street and shall move in both directions from Chestnut Street to Maple Street.
Dahlia Street. During the hours of 8:00 a.m. to 9:00 a.m. and from 2:00 p.m. to 3:00 p.m., vehicles shall move in a southerly direction from Miantonomo Drive to Namquid Drive.
Evans Avenue. Vehicles shall move in a southerly direction from the intersection of Racing Avenue to Strawberry Field Road.
Forrest Street. Vehicles shall move in a southerly direction.
Idaho Avenue. Vehicles shall move in a northerly direction from New York Avenue to Lincoln Avenue.
James Street. Vehicles shall move in a southwesterly direction from Metro Center Drive to Greenwich Avenue.
Lerner Street. From September 1 to June 30 Monday through Friday between the hours of 7:30 a.m. to 8:30 a.m. and the hours of 1:30 p.m. to 2:30 p.m., vehicles shall move in a southerly direction.
Malbone Street. Malbone Street shall be a one-way roadway from Jefferson Boulevard to Lincoln Avenue at the underpass.
Marion Avenue. Vehicles shall move in a southerly direction from the intersection of Racing Avenue to Strawberry Field Road.
Michigan Avenue. Vehicles shall move in a northerly direction from Connecticut Avenue to Lincoln Avenue.
Oakland Beach Avenue. Vehicles shall move southerly from Suburban Parkway to the end at Sea View Drive.
Palm Boulevard access to the rear of fire station and Aldrich Junior High School. In an easterly direction, toward Palm Boulevard, on the access roadway located on the city property at the rear of the fire station next to Aldrich Junior High School and shall be posted with the following signage: On Palm Boulevard, at the access roadway, on both sides of said roadway and facing traffic on Palm Boulevard, "Do Not Enter—Fire Personnel Only".
On the access roadway, at the property line between the fire station and Aldrich Junior High School, on both sides of said roadway and facing in the direction of Palm Boulevard, "One Way—Do Not Enter—Wrong way".
Pettaconsett Avenue. At the intersection of Budlong Avenue and Broad Street vehicular traffic shall move in a westerly direction to the intersection of Onset Street.
Pleasant Street. Vehicles shall move in a southeasterly direction from Warwick Police Department property to Veterans memorial Boulevard.
Railroad Row. Vehicles shall move in a southerly direction.
Relph Street. From September 1 to June 30, Monday through Friday between the hours of 7:30 a.m. to 8:30 a.m. and the hours of 1:30 p.m. to 2:30 p.m., vehicles shall move in a westerly direction.
Road under walkway connecting the two buildings of Toll Gate High School. During the hours of 7:00 a.m. and 7:30 a.m. on school days, vehicles shall move from west to east.
Roger Williams Circle. Entrance is to be made on the new road (westerly side) and the exit will be on the existing road (easterly side).
Senator Street. Vehicles shall move in a southerly direction toward Airport Road.
Stender Boulevard. Vehicles shall move northerly from the southerly terminus of Oakland Beach Avenue to Suburban Parkway.
Strand Avenue. Vehicles shall move in a southwesterly direction from the intersection with Hewett Street.
Suburban Parkway. Vehicles shall move in a westerly direction from the intersections of Pequot Avenue, Huron Street and Overton Street.
Toll Gate Complex Access Road. In a northerly direction on that portion of the Toll Gate Complex Access Road which begins southeast of the Drum Rock School and ends at Toll Gate High School.
Valentine Circle. The eastern end of Valentine Circle shall be utilized only as an entrance and not an exit.
Walnut Glen Street. In a northerly direction, towards Main Avenue.
(Code 1971, § 22-6; Ord. No. O-94-29, § I, 11-21-94; Ord. No. O-95-29, § I, 9-11-95; Ord. No. O-96-7, § I, 2-12-96; Ord. No. O-98-5, § I, 2-17-98; Ord. No. O-98-34, § I, 9-14-98; Ord. No. O-99-19, § I, 4-12-99; Ord. No. O-99-25, § I, 5-12-99; Ord. No. O-99-53, § I, 11-8-99; Ord. No. O-00-10, § I, 3-22-00; Ord. No. O-01-10, § I, 6-11-01; Ord. No. O-02-9, § I, 3-4-02; Ord. No. O-05-30, § II, 10-12-05; Ord. No. O-07-17, § I, 7-10-07; Ord. No. O-08-18, § I, 8-19-08; Ord. No. O-10-12, § I, 6-22-10; Ord. No. O-17-3, § I, 1-19-17; Ord. No. O-17-5, § I, 3-22-17; Ord. No. O-20-11, § I, 8-24-20; Ord. No. O-21-21, § I, 10-21-21)
State Law reference— Designation of one-way streets, G.L. 1956, § 31-12-12(4).
Sec. 76-7. - No parking tow-away zones—Designated.#
It shall be unlawful for the operator of any vehicle to park the same on any of the following streets, parts thereof, city-owned [property] or leased property, said streets, parts thereof, city- owned [property] or leased property hereby designated as no parking tow-away zones:
Aldrich Avenue for its last 300 feet to its easterly end.
On the T. F. Green State Airport land on the southerly side of Main Avenue from Main Avenue to a line 50 feet southerly of and parallel to Main Avenue between Greeley Avenue and Groveland Avenue and between Walnut Glen Drive and Gladys Court as posted with proper signage to give notice of said zone.
On the easterly side of Sand Pond Road from the beginning of the historical cemetery near Post Road to Pole 8.
(Code 1971, § 22-7; Ord. No. O-96-11, § I, 2-20-96; Ord. No. O-00-24, § I, 7-11-00)
Sec. 76-8. - Same—Removal of vehicles.#
(a)
Any police officer in uniform, in his/her discretion, may remove any vehicle or vehicles left upon or parked in violation of the provisions of section 76-7. A towing charge plus a storage charge shall be paid to the towing service company before any such vehicle shall be released.
(b)
The owner or operator or duly designated agent of the owner or operator of a vehicle removed from a no parking tow-away zone shall regain immediate possession of any such motor vehicle from the towing service company or the person or the place to which it was removed upon the payment of a charge for towing plus a charge for storage off a public highway.
(Code 1971, §§ 22-8, 22-9)
Sec. 76-9. - Use of towing service companies by police department.#
(a)
Agreement required. The police department shall call only upon towing service companies which have indicated by a writing deposited with the board of public safety their agreement to abide by the provisions of this chapter and the rules and regulations promulgated hereunder, and have, further, agreed to remove vehicles as provided herein for storage to a suitable place on the premises or under the direct control of said towing service within the city or within one-half mile of the city boundary with North Kingstown and East Greenwich.
(b)
Listing to be followed. Towing service companies registered as aforesaid with the board of public safety shall be listed in alphabetical order and shall be called upon for their services by said police department, to the greatest extent possible, in their order of appearance on the list.
(c)
Enforcement. Failure of said towing service companies to comply with this section shall result in immediate termination from the tow list by the chief of police or his designee.
(Code 1971, § 22-11; Ord. No. O-14-11, § I, 7-16-14)
Sec. 76-10. - Boarding or alighting from moving vehicle.#
It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.
(Code 1971, § 22-13)
State Law reference— Local regulation of pedestrians, G.L. 1956, § 31-18-2; admission or discharge of passengers, G.L. 1956, § 31-21-6.
Sec. 76-11. - Local traffic only thoroughfares—Designation by council.#
The city council is hereby empowered to designate thoroughfares as "Do No Enter—Local Traffic Only" and to cause the erection and maintenance of signs showing such designation. Prior to the designation of any such thoroughfare, the city council shall seek and take into consideration any report or recommendation submitted by the chief of police, the board of public safety, and the director, department of public works.
(Code 1971, § 22-14; Ord. No. O-03-20, § I, 10-18-03)
Sec. 76-12. - Same—Designated streets.#
The following thoroughfares are designated for local traffic only: (1)
Old Warwick Avenue at Haley Avenue.
(2)
Church Avenue at Brookwood Avenue.
(3)
Wayne Street.
(4)
Brewster Drive and Edgehill Road.
(5)
Rollins Road from West Shore Road.
(6)
Maple Street off Post Road.
(7)
Sunny Cove Avenue from West Shore Road, and Stone Avenue.
(8)
Evergreen Street.
(9)
Pleasant Street, north of Veterans Memorial Drive, which shall be further designated as "police only."
(Code 1971, § 22-15; Ord. No. O-95-20, § I, 6-13-95; Ord. No. O-03-20, § I, 10-18-03; Ord. No. O-04-9, § I, 4-8-04; Ord. No. O-05-6, § I, 4-12-05; Ord. No. O-05-30, § I, 10-12-05)
Sec. 76-13. - Authority of council regarding traffic signs and signals.#
(a)
By resolution, the city council shall determine the character, type and location of all traffic signs and signals. Prior to the determination, the city council shall seek and take into consideration any report or recommendation submitted by the chief of police, the board of public safety, and the director of public works.
(b)
The city council shall not adopt any resolutions or ordinances relative to traffic signs without first having a traffic study performed by the police department of the city.
(Code 1971, §§ 22-16, 22-26)
Sec. 76-14. - Erection and maintenance of traffic signs and signals.#
The department of public works is hereby required, as to signs and signals required under this chapter, to erect and maintain the same. All signs and signals required under this chapter shall, to the maximum extent practicable, be uniform throughout the city.
(Code 1971, § 22-17)
Sec. 76-15. - Obedience to police officers.#
No person shall willfully 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 violation, whether in private or public property.
(Code 1971, § 22-19)
Sec. 76-16. - Operation of emergency vehicles generally.#
The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in section 76-17, but subject to the conditions stated in sections 76-18 and 76-19.
(Code 1971, § 22-20)
Sec. 76-17. - Exemptions from traffic regulations for emergency vehicles.#
The driver of an authorized vehicle may: (1)
Park or stand irrespective of the provisions of any law.
(2)
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(3)
Exceed the prima facie speed limits so long as he/she does not endanger life or property.
(4)
Disregard regulations governing direction of movement or turning in specified directions.
(Code 1971, § 22-21)
Sec. 76-18. - Warning signals and lights on emergency vehicles.#
The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds an audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
(Code 1971, § 22-22)
Sec. 76-19. - Drivers of emergency vehicles to exercise due care.#
The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his/her reckless disregard for the safety of others.
(Code 1971, § 22-23)
Sec. 76-20. - Issuance of summons by police officers.#
In any case in which a police officer has reasonable grounds to believe that a person has committed or is committing any violation of this Code, he/she may issue a summons to such person.
(Code 1971, § 22-24)
Sec. 76-21. - Limitation on the board of public safety to impose traffic regulations.#
Except in cases of construction, permitted special events including, but not limited to block parties, races or other temporary circumstances not to exceed 96 hours, the board of public safety shall not impose traffic restrictions such as, but not limited to, parking restrictions, no through traffic and other regulations of vehicular traffic but the board of public safety may make recommendations for traffic regulations on city streets to the city council. The city council may enact recommended traffic regulations after conducting a traffic study.
(Ord. No. O-16-25, § I, 10-19-16)