ARTICLE III. - PARKING, STOPPING AND STANDING GENERALLY
Part of the Code of Ordinances of West Warwick, RI.
The text
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)