Chapter 11 - MOTOR VEHICLES AND TRAFFIC
Part of the Code of Ordinances of West Warwick, RI.
The text
ARTICLE I. - IN GENERAL#
Sec. 11-1. - Council to make regulations; emergency regulations.#
(a)
The town council is hereby empowered to make and enforce regulations necessary to make effective the provisions of this chapter and to make and enforce temporary regulations to cover emergency and special conditions.
(b)
In the exercise of such enforcement power, the town council hereby appoints a traffic committee to advise it in the enforcement of such power. The traffic committee shall be comprised of the town manager, police chief, fire chief and director of public works, or his designee, and such other members as the town manager shall from time to time appoint to said committee. The traffic committee shall, upon receipt from any member of the town council a specific request for the exercise of the herein stated powers of the town council or upon its own initiative, make a report to the town council as to the feasibility and advisability of putting into effect the specific request. Upon receipt of said report, the town council shall then act upon the request, shall determine the specific notice to be given regarding the enactment of the ordinance, and shall determine the date on which the ordinance shall become effective, and upon affirmative vote of the town council, said request shall be enacted as an ordinance of the town.
(c)
The town council shall, within the reasonable exercise of the police power, enact such ordinances as shall be necessary to:
(1)
Regulate the standing or parking of vehicles;
(2)
Regulate traffic by means of police officers or traffic control signals;
(3)
Regulate or prohibit processions or assemblages on the highway;
(4)
Designate particular highways as one-way highways and require that all vehicles on them be moved in one specific direction;
(5)
Regulate the speed of vehicles in public parks;
(6)
Designate any highway as a through highway and require that all vehicles stop before entering or crossing the highway, or designate an intersection as a stop intersection and require all vehicles to stop at one or more entrances to the stop intersection;
(7)
Restrict the use of highways as authorized by G.L. 1956, § 31-25-25 regarding prohibiting the operation of vehicles upon a highway or the imposition of restrictions as to the weight of vehicles to be operated upon a highway, for a total period not to exceed 90 days in any one calendar year, whenever the highway, by reason of deterioration, rain, snow or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles on it is prohibited or the permissible weights of those vehicles are reduced, and G.L. 1956, § 31-25-26 regarding prohibiting the operation of trucks or other commercial vehicles, or imposing limitations as to the weight of those vehicles on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on the highways;
(8)
Regulate the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee;
(9)
Regulate or prohibit the turning of vehicles or specified types of vehicles at intersections;
(10)
Alter the prima facie speed limit as authorized by G.L. 1956, tit. 31; and
(11)
Adopt any other traffic regulations that are specifically authorized by G.L. 1956, tit. 31, chs. 12—27.
(d)
In the exercise of said power, the traffic ordinances of the town as previously included in this Code as appendix C, traffic ordinances, are hereby reenacted as ordinances of the town in their entirety, which shall be included in this Code as appendix C and shall remain in full force and effect. Appendix C, as hereby reenacted, shall from time to time be amended by the addition or deletion of traffic ordinances through the exercise of the said power regarding traffic ordinances by the town council.
(Code 1970, § 11-1; Comp. Ords., ch. 42, § 3; Ord. No. 2016-10, 8-16-2016)
Sec. 11-2. - Enforcement by police; directing traffic.#
It shall be the duty of the police department to enforce the provisions of this chapter. Officers of the police department are hereby authorized to direct all traffic either in person or by means of visible or audible signal in conformance with the provisions of this chapter, provided that in the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the police department may temporarily direct traffic, as conditions may require, notwithstanding the provisions of this chapter.
(Code 1970, § 11-2; Comp. Ords., ch. 42, § 2)
Sec. 11-3. - Obedience to police.#
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.
(Code 1970, § 11-3; Comp. Ords., ch. 37, § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-12-3.
Sec. 11-4. - Types of signs, signals; erection, maintenance.#
The town council shall determine and designate the character or type of all official traffic signs or signals. The chief of police is hereby authorized, and as to signs and signals required hereunder it shall be his duty, to instruct the director of the department of public works to place and maintain or cause to be placed and maintained all official traffic signs and signals. All signs and signals required hereunder for a particular purpose shall, so far as practicable, be uniform throughout the town.
(Code 1970, § 11-4; Comp. Ords., ch. 42, § 7)
State Law reference— Manual of devices, G.L. 1956, § 31-13-1.
Sec. 11-5. - When signs required.#
No provisions of this chapter for which signs are specifically required shall be enforceable against an alleged violator if, at the time and place of the alleged violation, the sign required is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective without signs being erected to give notice thereof.
(Code 1970, § 11-5; Comp. Ords., ch. 42, § 7)
State Law reference— Local regulations to be posted, G.L. 1956, § 31-12-13.
Sec. 11-6. - Obedience to devices.#
The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter unless otherwise directed by a traffic or police officer, subject to the exceptions granted in this chapter to the driver of an authorized emergency vehicle.
(Code 1970, § 11-6; Comp. Ords., ch. 42, § 8)
State Law reference— Similar provisions, G.L. 1956, § 31-13-4.
Sec. 11-7. - Unauthorized devices.#
It shall be unlawful for any person to place, maintain or display upon or in view of any street any unofficial signal or device which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, other than signs denoting construction or obstructions in the street, or which hides from view any official sign or signal. Every such prohibited sign, signal or device is hereby declared to be a public nuisance, and the chief of police is hereby empowered to remove the same or have it removed without notice.
(Code 1970, § 11-7; Comp. Ords., ch. 42, § 10)
Sec. 11-8. - Damaging signs, devices.#
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 1970, § 11-8; Comp. Ords., ch. 42, § 11)
State Law reference— Similar provisions, G.L. 1956, § 31-13-11.
Sec. 11-9. - Designation of crosswalks.#
The town council is hereby authorized to establish and to designate, and shall thereafter maintain or cause to be maintained, by appropriate devices, marks or lines on the surface of the roadway, crosswalks at intersections where, in its opinion, there is particular danger to pedestrians crossing the roadway, and at such other places as it may deem necessary.
(Code 1970, § 11-9; Comp. Ords., ch. 42, § 12)
Sec. 11-10. - Designation of safety zones.#
For the protection of pedestrians, the town council, from time to time, is authorized to locate safety zones, by suitable designations, within the roadways of squares or highways.
(Code 1970, § 11-10; Comp. Ords., ch. 42, § 13)
Sec. 11-11. - Marking of lanes.#
The chief of police is authorized to mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with the provisions of this chapter.
(Code 1970, § 11-11; Comp. Ords., ch. 42, § 13)
Sec. 11-12. - When emergency vehicles entitled to privileges.#
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 11-13, but subject to the conditions stated in sections 11-14 and 11-15.
(Code 1970, § 11-12; Comp. Ords., ch. 37, § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-12-6.
Sec. 11-13. - Privileges allowed emergency vehicles.#
The driver of an authorized emergency 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 does not endanger life or property;
(4)
Disregard regulations governing direction of movement or turning in specified directions.
(Code 1970, § 11-13; Comp. Ords., ch. 37, § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-12-7.
Sec. 11-14. - Warning signals by emergency vehicles.#
The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said 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 1970, § 11-14; Comp. Ords., ch. 37, § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-12-8.
Sec. 11-15. - Care by emergency vehicles.#
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 reckless disregard for the safety of others.
(Code 1970, § 11-15; Comp. Ords., ch. 37, § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-12-9.
Sec. 11-16. - Boarding, alighting from moving vehicles.#
It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.
(Code 1970, § 11-16; Comp. Ords., ch. 42, § 19)
Sec. 11-17. - Unlawful riding.#
It shall be unlawful for any person to ride on any vehicle or upon any portion thereof not designated or intended for the use of passengers when the vehicle is in motion. This provision shall not apply to an employee engaged in the necessary discharge of his duty or to riding within truck bodies in the space intended for merchandise.
(Code 1970, § 11-17; Comp. Ords., ch. 42, § 20)
Sec. 11-18. - Clinging to vehicles.#
No person riding upon any bicycle, coaster, rollerskates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Code 1970, § 11-18; Comp. Ords., ch. 37, § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-19-7.
Sec. 11-19. - Lamps, reflectors on bicycles.#
Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear, of a type approved by the registry of motor vehicles, which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
(Code 1970, § 11-19; Comp. Ords., ch. 2, § 2)
State Law reference— Similar provisions, G.L. 1956, § 31-19-10.
Sec. 11-20. - Authority of police chief to detail police officers, special officers and police constables.#
(a)
The police chief of the town is authorized to detail police personnel (police officers or special officers) and to require payment of an hourly amount by the following persons or entities, which hourly amount shall be that amount determined as due the personnel in accordance with the contract between the police officers' collective bargaining agent and the town, and which amount shall be due and payable to the town upon completion of each week during which a detail has been required. Whenever construction on, improvement on, or installation of any utility on any highway, street or road within the town shall cause disruption of the normal flow of traffic or create a hazard to motorists, the chief of police may, if he determines police personnel are necessary to regulate the traffic, after notifying the general contractor involved, detail the number of police personnel that he deems necessary to ensure the safety of motorists, and the general contractor shall be responsible for the cost of the detail.
(b)
Any person who is aggrieved by a determination of the chief of police that a detail is or was necessary may appeal said determination by written notification to the town council within ten days of receipt of the notification from the chief of police. Said town council shall, as soon as practicable, grant a hearing and make a de novo determination as to the necessity for the detailing of police personnel. The town council shall use the same standards the chief of police is required to use in determining the necessity for such detail.
(c)
The notice by the chief of police required in subsection (a) of this section shall not be required in writing. The chief of police shall not be required to await a hearing of the town council before the detailing of police personnel deemed necessary. In the event that the town council overrules such decision, the cost of such detail shall be the responsibility of the town.
(Code 1970, § 11-20; Res. of 12-1-1981)
Secs. 11-21—11-43. - Reserved.#
ARTICLE II. - OPERATION#
Sec. 11-44. - U-turns.#
It shall be unlawful for the operator of a vehicle to turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
(Code 1970, § 11-31; Comp. Ords., ch. 42, § 32)
Sec. 11-45. - Unnecessary vehicle noise.#
It shall be unlawful for any person to so operate any automobile, motorcycle or other motorized vehicle on any highway, street, gangway, court, square, private parking lot, public parking lot, or any other public place in any part of the town in such a manner as to cause or create unnecessary noise by causing the spinning of wheels of any such vehicle so operated on the pavement or to cause or to create unnecessary noise by reason of a defective or altered exhaust system on such vehicle. Unnecessary noise shall be any noise other than that usually occasioned by the reasonable and normal operation of any such automobile, motorcycle, or other motorized vehicle.
(Code 1970, § 11-32; Ord. of 7-30-1968, § 1)
Sec. 11-46. - Duty to give way to vehicle about to load or unload.#
The operator of any parked vehicle shall promptly give place to a vehicle about to take on or let off passengers or to load or deliver merchandise in accordance with the provisions hereof.
(Code 1970, § 11-33; Comp. Ords., ch. 42, § 33)
Sec. 11-47. - Motor vehicle restricted routes.#
(a)
The use of any commercial vehicle, herein defined as a motor vehicle or combination of vehicles to transport passengers or property, is prohibited in and upon the streets and highways listed in subsection (b) of this section, as the same shall from time to time be amended, at any time, if the motor vehicle:
(1)
Has:
a.
A combination gross vehicle weight rating of 26,001 pounds or more;
b.
A towed unit with a gross vehicle weight rating of 10,000 pounds or more; or
c.
A gross vehicle weight of 26,001 pounds or more;
(2)
Is designed to transport 21 or more passengers including the driver; or
(3)
Is transporting hazardous materials and is required to be placarded in accordance with 49 CFR part 172, subpart F, as it may be revised from time to time.
(b)
The chief of police is directed to cause conspicuous signs to be placed on such following streets or highways giving notice of such prohibition:
Border Street.
Branch Avenue
Campbell Street.
Church Street.
Clyde Street.
Cochran Street.
Coit Avenue.
Crossen Street between Main Street and Brookside Avenue
Danby Street
Earl Street.
East Greenwich Avenue.
Factory Street.
Gough Avenue.
Grandview Drive.
Greenbush Road.
Harris Avenue.
Harding Street.
Highland Avenue.
Lockwood Street.
Maple Avenue.
New London Avenue, from Route 117 (Legris Avenue) to Main Street.
Newlight St.
Pawtuxet Terrace.
Prospect Hill Avenue.
Pulaski Street.
Robinson Way.
St. Mary Street.
Sunrise Avenue.
Wakefield Street.
Wilson Street.
Woodside Avenue.
Youngs Avenue.
(c)
Nothing contained herein shall affect the use of such streets or highways by any fire trucks, city public works department vehicles, police vehicles, emergency vehicles, school or public transportation buses or other vehicles using such streets or highways in any emergency or engaged in delivering goods, wares, merchandise or materials to or from any residence, building or lot within the town bordering on such streets or highways.
(d)
Violations hereof shall be punishable in the town municipal court by a fine not in excess of $500.00 for each violation.
(e)
In accordance with the provisions of G.L. 1956, § 31-13-4, Obedience to Devices, the police department shall issue violations to offenders of said section by using secondary roads as a divergent route around a proposed toll location.
(Code 1970, § 11-34; Ord. No. 2016-8, 9-6-2016; Ord. No. 2017-2711-21-17; Ord. No. 2019-14, 11-19-2019; Ord. No. 2021-3, 3-16-2021; Ord. No. 2021-11, 9-21-2021; Ord. No. 2021-14, 10-5-2021; Ord. No. 2024-7, 7-9-2024; Ord. No. 2025-1, 3-4-2025; Ord. No. 2025-3, 6-17-2025; Ord. No. 2025-10, 10-21-2025)
Sec. 11-48. - Driving through funeral processions.#
It shall be unlawful for the operator of any vehicle to drive between or attempt to cut across the line of a hearse and the other vehicles and pedestrians constituting a funeral procession.
(Code 1970, § 11-35; Comp. Ords., ch. 42, § 34)
Sec. 11-49. - Reasonable and prudent speeds.#
No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements, and it shall be the duty of all persons to use due care.
(Code 1970, § 11-37; Res. of 9-27-1988)
Sec. 11-50. - Conditions requiring reduced speed.#
The driver of every vehicle shall, consistent with the requirements of section 11-49, drive at an appropriate reduced speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(Code 1970, § 11-38; Res. of 9-27-1988)
Sec. 11-51. - Riding recreational vehicles on private property.#
(a)
No person shall ride, drive, or otherwise use an off-road motor vehicle, motorcycle, dirt bike, mini-bike, go-cart, ATV, snowmobile, or like recreational vehicle on private property, whether posted or not, without permission of the owner of such property. An exception shall be provided for all such vehicles if used by police, fire, or any other emergency service agencies in furtherance of their official duties.
(b)
Operators of such vehicles must have written permission from the landowner on their persons while in operation. Failure to have such written permission shall be prima facie evidence of not having permission from the property owner.
(c)
Violations will be processed through the town municipal court. Each violation of this section shall be subject to a $250.00 fine, and the violator may further be sentenced to perform community service. In addition to all fines and sanctions, the town municipal court may impose court costs.
(Code 1970, § 11-39; Ord. No. 2004-8, 6-17-2004)
Sec. 11-52. - Low speed vehicles.#
The operation of low-speed vehicles, as defined in 49 CFR 571-500, having been determined, as provided in RIGL §31-19.6-1, to be an unreasonable risk of death or serious injury to occupants of low-speed vehicles as a result of general traffic conditions is hereby prohibited from operation on the following roadways: East Greenwich Avenue.
Fairview Avenue.
Greenbush Road.
New London Avenue.
New London Turnpike.
Pulaski Street.
Wakefield Street.
(Ord. No. 2024-14, 9-3-2024)
Sec. 11-53. - Penalties for violations.#
Any person who operates a low-speed vehicle in violation of this ordinance shall be subject to fine of $100.00 per offense.
(Ord. No. 2024-19, 10-15-2024)
Secs. 11-54—11-75. - Reserved.#
ARTICLE III. - PARKING, STOPPING AND STANDING GENERALLY#
Sec. 11-76. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Camping recreational vehicle means a vehicular type camping unit, certified by the manufacturer as complying with ANSI A119.2 standards, designed primarily as temporary living quarters for recreation that has either its own motive power or is mounted on or towed by another vehicle. The basic units are tent trailers, fifth wheel trailers, motorized campers, travel trailers, and pick-up campers.
Fifth wheel trailer means a towable recreational vehicle, not exceeding 400 square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle, and which is eligible to be registered for highway use.
Motorized camper means a camping recreational vehicle, built on or permanently attached to a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle.
Park trailer means a camping recreational vehicle that is eligible to be registered for highway use and meets the following criteria: (1)
Built on a single chassis mounted on wheels; and
(2)
Certified by the manufacturer as complying with ANSI A119.5.
Pick-up camper means a camping recreational vehicle consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the back of a pick-up truck.
Tent trailer means a recreational vehicle that can be towed and is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold for use, and which is eligible to be registered for highway use.
Travel trailer means a recreational vehicle, not exceeding 320 square feet in area, designed to be towed by a motorized vehicle containing a towing mechanism that is mounted behind the tow vehicle's bumper and which is eligible to be registered for highway use.
Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
(Code 1970, § 11-45; Ord. No. 2005-21, 1-3-2006, eff. 1-25-2006)
Sec. 11-77. - Vehicles obstructing traffic and recreational vehicle or trailer parking.#
(a)
It shall be unlawful for any operator of a vehicle to place the same in any street so as to prevent or obstruct the passing of other vehicles, not exceeding five minutes at a time.
(b)
No person shall park a trailer or recreational vehicle upon any town street unless it is attached to a vehicle by which it may be drawn.
(c)
An owner or operator of a recreational vehicle or vehicle with attached trailer shall not park the recreational vehicle or vehicle with attached trailer on any town street unless immediately adjoining the owner's or operator's residence, and for no more than 72 consecutive hours. The recreational vehicle or vehicle with attached trailer may not be parked on any town street for 60 days thereafter.
(d)
Within 24 hours of service of the notice of violation, the owner shall remove the vehicle to a lawful parking location, or the subject vehicle shall be towed at the owner's expense to a tow company storage facility.
(Code 1970, § 11-46; Comp. Ords., ch. 42, § 25; Ord. No. 2005-21, 1-3-2006, eff. 1-25-2006)
Sec. 11-78. - Places where parking or stopping prohibited.#
(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 directions 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 feet of a fire hydrant;
(5)
On a crosswalk;
(6)
Within 20 feet of a crosswalk at an intersection;
(7)
Within 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 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
(9)
Within 50 feet of the nearest rail of a railroad crossing;
(10)
Within 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 75 feet of the entrance (when properly sign-posted);
(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;
(14)
Upon a highway or within a highway tunnel;
(15)
At any place where official signs prohibit stopping;
(16)
At any curb cut or ramp for persons with disabilities;
(17)
On any bicycle lane, trail, or path;
(18)
Upon any crosshatched access aisle adjacent to disability parking spaces.
(b)
The following vehicles are exempt from the prohibitions contained in subsection (a) of this section:
(1)
School buses or worker transport buses that are loading or unloading children or workers, provided that the school bus or worker transport bus operates its flashing bus safety lights;
(2)
Subject to the provisions of G.L. 1956, § 31-21-6, vehicles that are momentarily stopped, standing, or parked to admit or discharge passengers;
(3)
Taxicabs that are momentarily stopped, standing or parked to admit or discharge passengers;
(4)
Vehicles that are momentarily stopped, standing, or parked for the purpose of, and while actually engaged in, loading or unloading property;
(5)
Vehicles that are owned or operated by the state or a city or town when the vehicle must stop, stand, or park to perform maintenance or repair work on an area where stopping, standing or parking is prohibited under the provisions of subsection (a) of this section;
(6)
Vehicles that are disabled in such a manner, and to such extent, that the vehicle operator cannot avoid stopping or temporarily leaving the disabled vehicle in an area where stopping, standing, or parking is prohibited under the provisions of subsection (a) of this section;
(7)
Vehicles that are momentarily stopped to allow oncoming traffic to pass before making a right-hand or left-hand turn, or in preparation for or while negotiating an exit from the road.
(c)
Violations of this section are subject to fines in the amount of $25.00, and, in the event of a snowstorm in which there is sufficient snow accumulation to require the streets to be plowed, in the amount of $50.00.
(Code 1970, § 11-48)
Sec. 11-79. - Disabled parking.#
(a)
The town council may from time to time by resolution regulate the parking of motor vehicles on private streets by designating a certain part of the street or other place as reserved for parking by disabled persons. The disabled parking space shall be designated and identified by the posting of a sign incorporating the international symbol of access of white on blue indicating that the parking space is reserved for parking by disabled persons. The posting of such signs shall be in accordance with the building code when the location of such parking spaces on public and private land is within the purview of the state building code.
(b)
A person, other than a person issued a special plate pursuant to this section, or a person transporting the person and displaying the special portable plate who unlawfully parks a vehicle in a parking space designated for the disabled shall be fined $25.00 for the first violation, $75.00 for the second violation, and $100.00 for the third or subsequent violations. The vehicle may be subject to towing at the owner's expense.
(Code 1970, § 11-48.1; Res. of 4-2-1985)
Sec. 11-80. - Removal of vehicles.#
Any police officer in uniform, in his discretion, may remove any vehicle left upon any street not in apparent charge of any driver or other person, or in violation of the provisions of any ordinance, to another place on such street or from such street to some other street, or to the police station.
(Code 1970, § 11-49; Comp. Ords., ch. 42, § 36)
Sec. 11-81. - Moving vehicles to avoid regulations.#
The moving of vehicles from one location to another to avoid the provisions of this article shall be deemed to be a violation hereof.
(Code 1970, § 11-50; Comp. Ords., ch. 42, § 37)
Sec. 11-82. - Transferring goods between vehicles.#
No vehicles shall be allowed to stop in a street for the purpose of transferring goods or merchandise from one vehicle to another except when it may be done with the vehicles abreast or backed up to each other, and in no event shall it be done in such a manner or to such an extent as to obstruct the regular course of travel.
(Code 1970, § 11-51; Comp. Ords., ch. 37, § 1)
Sec. 11-83. - Parking during snow removal; illegally parked cars to be towed away.#
(a)
When it commences to snow, after publicized predictions of at least three inches of snow, it shall be unlawful to park on any public street in the town at any time and until 12 hours after a snowfall has occurred.
(b)
It shall be unlawful to park any vehicle on any public street of said town at any time when such street is being cleaned.
(c)
The police department and its members are hereby authorized to remove and tow away or to have removed and towed away by commercial towing any car or vehicle illegally parked in any place where such parking of vehicles creates or constitutes a traffic hazard, blocks the use of fire hydrants, obstructs or may obstruct the movement of any emergency vehicle, or within 12 hours after a snowfall ceases after publicized predictions of at least three inches.
(d)
Cars so towed away for illegal parking shall be stored in some place and returned to the owner or operator upon the payment of all towing and storage charges to the person or firm towing and storing the vehicle.
(Code 1970, § 11-52; Ord. of 3-9-1971, §§ 1, 2; Res. of 1-25-1983; Res. No. 99-317, 12-21-1999)
Sec. 11-84. - Notice of violation.#
Whenever any vehicle shall be found parked in violation of section 11-83, a police officer shall serve upon the owner or operator of such vehicle or attach to such vehicle a notice directing the owner or operator thereof to appear at the town police headquarters at a time specified in such notice.
(Code 1970, § 11-53; Res. of 1-25-1983)
Sec. 11-85. - Payment in lieu of penalty.#
When any person shall receive notice from the police department to appear at the town police headquarters, such person may pay to the police department in person or by mail the sum of $25.00 in cash or check for the first violation, $50.00 in cash or check for the second violation, and $75.00 in cash or check for the third and each subsequent violation, and upon payment of said amount, a prosecution under this article for the violation in question shall be barred; provided, however, that if said sum of fine money is not paid to the police department within seven days after the violation in question, the owner shall be issued a summons to appear to adjudicate the alleged violation under the provisions of section 11-86.
(Code 1970, § 11-54; Res. of 1-25-1983; Res. No. 99-317, 12-21-1999)
Sec. 11-86. - Penalty.#
Any person who shall violate or fail to comply with any of the provisions of this article, or who shall counsel, aid or abet any such violation or failure to comply shall, except as otherwise herein provided, be punishable by a fine of not less than $25.00 nor more than $100.00.
(Code 1970, § 11-55; Res. of 1-25-1983)
Sec. 11-87. - Vehicle registrant presumed violator.#
In any prosecution or proceeding hereunder, the registration plate displayed on the motor vehicle shall constitute prima facie evidence that the owner of such vehicle was the person who parked such vehicle at the place where such violation occurred.
(Code 1970, § 11-56; Res. of 1-25-1983)
Secs. 11-88—11-117. - Reserved.#
ARTICLE IV. - PEDESTRIANS#
Sec. 11-118. - Applicability of regulations.#
Pedestrians shall be subject to traffic control signals at intersections, but at all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article.
(Code 1970, § 11-89; Comp. Ords. ch. 42, § 15)
State Law reference— Similar provisions, G.L. 1956, § 31-18-1.
Sec. 11-119. - Right-of-way in crosswalks.#
When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be, to so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger; but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(Code 1970, § 11-90; Comp. Ords. ch. 42, § 14)
State Law reference— Similar provisions, G.L. 1956, § 31-18-3.
Sec. 11-120. - Crossing other than at crosswalks.#
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(Code 1970, § 11-91; Comp. Ords. ch. 42, § 14)
State Law reference— Similar provisions, G.L. 1956, § 31-18-5.
Sec. 11-121. - Hitchhiking.#
No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.
(Code 1970, § 11-92; Comp. Ords. ch. 42, § 16)
State Law reference— Similar provisions, G.L. 1956, § 31-18-12.
Secs. 11-122—11-140. - Reserved.#
ARTICLE V. - DISMANTLED OR ABANDONED VEHICLES#
Sec. 11-141. - Findings; statement of fact.#
The presence of dismantled or abandoned vehicles on public or private property constitutes an attractive nuisance for children and endangers their safety; provides harborage for rats and other animals, constituting a menace to public health; creates a fire hazard; causes neighborhoods to become unsightly, resulting in the depreciation of property values; and if on town streets or public highways, creates a traffic hazard and endangers the public safety.
(Code 1970, § 11-101; Res. of 2-17-1987; Res. of 6-2-1987)
Sec. 11-142. - Permit for storage required.#
No person, firm or corporation shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, junked or abandoned vehicle or one legally or physically incapable of being operated, unless a permit for said storage has theretofore been obtained from the proper authority. A fee as shall be set from time to time by resolution of the town council shall be paid prior to the issuance of such permit.
(Code 1970, § 11-102; Res. of 2-17-1987; Res. of 6-2-1987; Ord. No. 2013-46, 10-1-2013)
Sec. 11-143. - Notice by police department or building official or designee; removal.#
(a)
Except as otherwise provided in this section, the police department or building official or designee may serve notice in writing upon the owner of any property located within the town to remove a dismantled, unserviceable, junked or abandoned vehicle from the property. A copy of the notice shall be attached to the vehicle. The owner of the vehicle shall remove the same within 48 hours after the notice has been received. Failure to remove the vehicle after the fifth day shall be a violation of this article.
(b)
If the owner of any aforesaid vehicle is also the owner, lessee or occupant of the premises, notice to remove as aforesaid shall be given by the police department or building official or designee by mailing or delivering a copy thereof to the premises and attaching a copy of the notice to the vehicle.
(c)
If said vehicle is on a town street or public highway, 24-hour notice as aforesaid to remove the same shall be given by the police department, provided that if said vehicle constitutes a present hazard or unduly obstructs traffic's ingress to or egress from private or public property, the same may be removed by said police department immediately without any prior notice. Notice of the removal shall be provided to the vehicle owner within 15 days of removal in the manner provided in G.L. 1956, § 31-42-3.
(d)
An unregistered vehicle on premises not owned or occupied by the owner of said vehicle shall be deemed to be abandoned.
(Code 1970, § 11-103; Res. of 2-17-1987; Res. of 6-2-1987; Ord. No. 2003-6, 3-4-2003)
Sec. 11-144. - Removal to designated location.#
Upon failure to remove any aforesaid vehicle within the time limit stated herein, said owner, lessee, occupant of the premises or police department shall forthwith remove or cause the said vehicle to be removed from the premises to a location to be designated by the police department. Notice of removal shall be provided to the owner and lienholders, if any, in the manner provided in G.L. 1956, § 31-42-3.
(Code 1970, § 11-104; Res. of 2-17-1987; Res. of 6-2-1987)
Sec. 11-145. - Application required and payment of charges to regain possession.#
The owner of any vehicle so removed may regain possession thereof from said town or its agents by making application therefor within 30 days after its receipt by said town or its agents, upon paying to said town all reasonable costs of removal, which shall be repaid to the person who paid or incurred such charges, plus an additional charge of $15.00 per day or part thereof for the storage charge of said vehicle while in possession of said town or its agents.
(Code 1970, § 11-105; Res. of 2-17-1987; Res. of 6-2-1987)
Sec. 11-146. - Town may sell unclaimed vehicle.#
If no claim for said aforedescribed vehicle is made within 30 days after receipt thereof, said town may sell said vehicle at auction in the manner provided in G.L. 1956, § 31-42-4 for the best price obtainable as junk or otherwise, and the proceeds thereof shall be available to pay the reasonable charges of delivering the same to said town if a claim therefor is made by the person who paid said charges, the expense of keeping and disposing of said vehicle, and any balance shall be paid into the general fund.
(Code 1970, § 11-106; Res. of 2-17-1987; Res. of 6-2-1987)
Sec. 11-147. - No liability for loss or damage.#
Neither the owner, lessee or occupant of the premises from which any aforedescribed vehicle shall be removed, his servant or agent or the town shall be liable for any loss or damage to said vehicle while being removed, or while in the possession of said town, or as a result of any subsequent sale or other disposition.
(Code 1970, § 11-107; Res. of 2-17-1987; Res. of 6-2-1987)
Sec. 11-148. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dismantled, unserviceable, junked or abandoned vehicle orvehicle legally or physically incapable of being operated means any motor vehicle for which there is not a validly issued registration, valid inspection sticker and insurance in effect, and shall be deemed to include major parts thereof, including bodies, engines, transmissions, rear ends, etc. The term "dismantled, unserviceable, junked or abandoned vehicle" shall not be deemed to include unregistered seasonal farm vehicles operated by the owner of said vehicles on his own property. The term "dismantled, unserviceable, junked or abandoned vehicle" shall not be deemed to include vehicles which are purchased for purposes of restoration which comply with the definition of antique vehicles as set out in G.L. 1956, § 31-1-3, and possess a valid antique registration.
Premises includes public or private property, town streets and public highways.
Public property includes property owned by the town or state, property acquired by the town at tax sales and all streets and highways within the town, whether or not they are public highways.
Vehicle legally or physically incapable of being operated includes one which has not been duly registered according to law or which lacks the equipment in good operating condition as required by law to enable it to be registered and/or receive a valid state inspection sticker.
(Code 1970, § 11-108; Res. of 2-17-1987; Res. of 6-2-1987; Ord. No. 2013-48, 11-19-2013)
Sec. 11-149. - Penalty for violation.#
Any person, firm or corporation which shall violate any provisions of this article or fail to comply therewith or with any of the requirements thereof shall be liable to a fine of not more than $500.00, and each day such violation shall be permitted to exist shall constitute a separate offense.
(Code 1970, § 11-109; Res. of 2-17-1987; Res. of 6-2-1987)
Sec. 11-150. - Procedure for permit issuance; restrictions; term.#
(a)
Temporary permits shall be issued by the police department in writing and without fee upon application by the owner of the vehicle or parts thereof prohibited by this article. Permits shall be valid for a period of three months. Permits shall be issued to the owner of a vehicle for:
(1)
Vehicles in legal operating condition which are temporarily unregistered.
(2)
Unregistered vehicles in legal operating condition which are being stored on private property by persons serving in the military forces of the United States.
(3)
Vehicles stored on private property by persons repairing such vehicles for profit, such persons being presently permitted to conduct such business by town zoning regulations.
(b)
The police department may also issue permits in its discretion for reasons other than those specified in subsection (a) of this section upon written application by the property owner setting out the reasons such permit should be granted.
(c)
Permits issued under this article may be extended for additional three-month periods by the police department upon the showing of good cause by the owner of the vehicle.
(Code 1970, §§ 11-110, 11-112; Res. of 2-17-1987; Res. of 6-2-1987)
Sec. 11-151. - Appeals for declined permit.#
Appeals from the decision of the police department declining a request for a permit under the provisions of this article shall be submitted to the town council in writing within ten days of the declination of the permit by the police department.
(Code 1970, § 11-111; Res. of 2-17-1987; Res. of 6-2-1987)