Chapter 8 LICENSES AND BUSINESS REGULATIONS [1]
ARTICLE I. - IN GENERAL
ARTICLE II. - MISCELLANEOUS BUSINESS AND OCCUPATIONAL LICENSES AND PERMITS
ARTICLE III. - ALCOHOLIC BEVERAGES
ARTICLE IV. - AMUSEMENTS
ARTICLE V. - ELECTRIC POLES AND WIRES
ARTICLE VI. - SOLICITORS
ARTICLE VII. - HAWKERS AND PEDDLERS
ARTICLE VIII. - ITINERANT VENDORS
ARTICLE IX. - JUNK AND SECONDHAND GOODS
ARTICLE X. - MOBILE HOMES
ARTICLE XI. - OUTDOOR ADVERTISING
ARTICLE XII. - POLICE AND FIRE ALARMS
ARTICLE XIII. - PRIVATE DETECTIVE'S LICENSE
ARTICLE XIV. - PRIVIES, CESSPOOLS, ETC.
ARTICLE XV. - RESTAURANTS
ARTICLE XVI. - ROOMINGHOUSES AND TOURIST HOMES
ARTICLE XVII. - TELEGRAPHIC AND TELEPHONIC USES
ARTICLE XVIII. - TRAILERS AND TRAILER CAMPS
ARTICLE XIX. - WRECKER AND TOWING SERVICES
ARTICLE XX. - SEXUALLY ORIENTED BUSINESSES
ARTICLE XXI. - TENTS
ARTICLE XXII. - SEALER OF WEIGHTS AND MEASURES
FOOTNOTE(S):
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Cross reference— Economic development commission, § 2-116 et seq.; merchants to keep sidewalks free of litter, § 7-55; dealer's license for selling pistols or revolvers, § 12-2; taxation, ch. 16; utilities, ch. 17; zoning regulation of industrial processes, § 19-336 et seq. (Back)
State Law reference— Business and professions, G.L. 1956, Title 5; Sunday business, G.L. 1956, § 5-23-1 et seq.; work permits on Sunday, G.L. 1956, § 25-3-1 et seq.; Sunday laws, G.L. 1956, § 11-40-1 et seq.; holidays, G.L. 1956, § 25-1-1 et seq.; power of city council to regulate and license shows and performances, G.L. 1956, §§ 5-22-1, 5-22-5; local license for performances required, G.L. 1956, § 5-22-4; license fees, G.L. 1956, § 5-22-12; bowling alleys, G.L. 1956, § 5-2-1 et seq.; licensing and regulation of peddlers and hawkers, G.L. 1956, § 5-11-1 et seq.; authority of city to license hawkers and peddlers, G.L. 1956, § 5-11-18. (Back)
Sec. 8-1. Purpose of chapter.
Sec. 8-2. Operation without license or permit generally.
Sec. 8-3. Applicability of state law, etc.
Sec. 8-4. Appointment of public weighers.
Sec. 8-5. Closing hours for businesses.
Sec. 8-6. Authority to issue one-day licenses.
Sec. 8-7. Beginning and termination dates of annual licenses generally.
Sec. 8-8. Proration of license fees.
Sec. 8-9. Refunding of license fees.
Sec. 8-10. Transferability of licenses; transfer fee.
Sec. 8-11. Time of payment.
Sec. 8-12. Business registration required.
Sec. 8-13. Procedure; exemptions.
Sec. 8-14. Violations and penalties.
Sec. 8-15. Reserved.
Secs. 8-16—8-21. Reserved.
Secs. 8-22—8-26. Reserved.
The purpose of this chapter is to establish fees for licenses, permits, petitions, traffic violation fines, rentals, water rates and service charges and all other miscellaneous fees and charges in order to establish a more equitable charge for the services rendered.
(Rev. Ords. 1987, § 8-1)
Sec. 8-2. Operation without license or permit generally.
Any person who operates, conducts or carries on a business without first obtaining a license or permit, whenever a license or permit is required by the provisions of this Revision or any other chapter or city ordinance before operating, conducting or carrying on such business, such person shall be punished as provided in section 1-16.
(Rev. Ords. 1987, § 8-2)
Sec. 8-3. Applicability of state law, etc.
All licenses issued under the authority of the state laws or provisions of this Revision or other city ordinances are subject to the regulations contained in such state laws, this Revision and the ordinance provisions, and any licensee who violates any regulations thereof shall be subject to the suspension or revocation of such license.
(Rev. Ords. 1987, § 8-3)
Sec. 8-4. Appointment of public weighers.
Whenever a petition for appointment as a weigher of coal and other articles of merchandise, pursuant to G.L. 1956, § 47-7-1 is filed with the city clerk, such applicant is required and shall pay the sum of $5.00 at the time of the filing of such petition for appointment.
(Rev. Ords. 1987, § 8-4)
State Law reference— Public weighers, G.L. 1956, § 47-7-1 et seq.
Sec. 8-5. Closing hours for businesses.
(a) Generally. No shop, store or other place of trade or entertainment in the city, with the exception of licensed taverns, pharmacies, victualing houses and bowling alleys, shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week.
(b) Victualing houses and bowling alleys; permit required for extension of closing hours. No licensed victualing house or bowling alley shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week without first obtaining a special permit from the city council extending the closing hour beyond 1:00 a.m. Such special permit may be granted for a probationary period or with such conditions and terms as the city council may provide. The fee for such permit shall be $125.00
(c) Bowling alleys on Sunday. No bowling alley shall be licensed to operate on the first day of the week between 1:00 a.m. and 1:00 p.m. of the first day, unless granted a special license pursuant to section 8-66.
(Rev. Ords. 1987, § 8-5; Ch. 274, § I, 8-19-03; Ch. 730, § I, 11-7-18)
State Law reference— Power of city council to authorize certain Sunday amusements in East Providence, G.L. 1956, § 5-22-9.
Sec. 8-6. Authority to issue one-day licenses.
It shall be the authority of the city council with approval of the chief of police and the fire department to issue one-day licenses for all entertainment, including but not limited to theaters, dancing and block parties, at all private residences as well as public/private establishments. This includes but is not limited to those establishments selling alcoholic beverages. An applicant must additionally comply with the requirements of section 8-69 of this Code.
The following requirements must be met before a one-day license is granted:
(1) A request for a one-day license must first be filed with the city clerk's office. The request will then be forwarded by the city clerk to the chief of police and the fire department for review.
(2) A fee of $15.00 must be made payable to the City of East Providence and delivered to the city clerk's office.
(3) Within the request, the applicant must include the type of entertainment (i.e. live band, disc jockey, etc.), the time frame of the entertainment, and whether the event will be held indoors or outdoors.
(4) If a tent exceeding 120 square feet is to be erected in conjunction with the requested one-day license, the requesting party must comply with section 8-575 of this Code.
The one-day permit is granted subject to any and all limitations set by the city police department, city fire department and city council.
(Rev. Ords. 1987, § 8-6; Ch. 315, § I, 9-7-04; Ch. 599, § I, 4-15-14)
Sec. 8-7. Beginning and termination dates of annual licenses generally.
Whenever an annual license is required by any provision of this Revision or other city ordinance to conduct, maintain, operate or carry on a business by any person within the city, the effective date of such license shall commence December 1 of each year and such license shall expire on November 30 of each year, unless the time for its validity is otherwise specified in this chapter.
(Rev. Ords. 1987, § 8-7)
Sec. 8-8. Proration of license fees.
Whenever a license fee has a fixed charge of $10.00 or more per annum which expires on November 30 of each year and an application for such license is made on or after June 1 of any year, then such license fee shall be issued upon payment of one-half the annual rate, except in the case of the issuance of alcoholic beverage licenses.
(Rev. Ords. 1987, § 8-8)
Sec. 8-9. Refunding of license fees.
After the issuance of any license under any of the provisions of this Revision or other ordinances of this city and in the event that the licensee discontinues his business as permitted by such license at any time prior to the expiration of the life of such license, no refunds shall be made by reason of such discontinuance.
(Rev. Ords. 1987, § 8-9)
Sec. 8-10. Transferability of licenses; transfer fee.
All licenses granted by the city council may, upon approval of the council, be transferred upon application for transferral by paying to the city clerk the sum of $25.00 for such transfer plus advertising costs, as may by law be required, and such other costs incidental to such transfer.
(Rev. Ords. 1987, § 8-10)
(a) License fees generally. Whenever a license, except a license to sell alcoholic beverages, is lawfully issued, the licensee shall pay the required fee, and any person failing to do so shall be subject to the payment of a penalty of $2.00 for such delay or to revocation of such license by the issuing officer. Alcoholic beverage license fees shall be paid in advance of the issuance of such licenses, and the time for such payment shall be fixed by the city clerk.
(b) Permit fees, petitions, utility rates, rentals, fines, etc. All permits, petitions, utility rates, rentals, fines and other miscellaneous charges shall be paid in accordance with the provisions of this Revision and other ordinances governing such fees, petitions, utility rates, rentals, fines and other miscellaneous charges, unless otherwise provided in this chapter.
(Rev. Ords. 1987, § 8-11)
Sec. 8-12. Business registration required.
Each business, including, but not limited to, wholesale, retail, commercial, professional service or manufacturing, whether by sole proprietorships, partnerships, corporations or any business entity, shall register its business, company, trade or office situated in the City of East Providence with the city clerk. Each registration shall contain the name of the firm or business, the name of the owner or operator of the firm or business, the type of business to be conducted and other basic information.
(Ch. 541, § I, 12-20-11; Ch. 545, § I, 2-28-12; Ch. 552, § I, 4-14-12)
Sec. 8-13. Procedure; exemptions.
No other business of the same trade name shall be allowed to register once a registration has been filed without the approval of the prior registrant in writing. Every registration filed shall expire on the 30th day in April and shall be renewed annually. No registration shall be renewed if the business fails to provide proof from the tax collector that all municipal taxes have been paid to date.
(Ch. 541, § I, 12-20-11; Ch. 545, § I, 2-28-12; Ch. 552, § I, 4-14-12; Ch. 582, § I, 8-20-13)
Editor's note— Ch. 552, adopted Apr. 14, 2012, amended Art. I by deleting § 8-13 (which pertained to fees and derived from Chs. 541 and 545) and renumbering §§ 8-14, 8-15 as §§ 8-13, 8-14, leaving § 8-15 as "reserved".
Sec. 8-14. Violations and penalties.
Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions set forth herein, shall be fined not exceeding $25.00 for each offense. The fines shall inure to the city, and each day that the violation continues shall be deemed to constitute a separate offense.
(Ch. 541, § I, 12-20-11; Ch. 545, § I, 2-28-12; Ch. 552, § I, 4-14-12)
Editor's note— See editor's note following § 8-13.
Editor's note— See editor's note following § 8-13.
Editor's note— Ch. 545, § I, adopted Feb. 28, 2012, repealed §§ 8-16—8-21, which pertained to licenses and business regulations and derived from Ch. 541, § I, adopted Dec. 20, 2011.
Sec. 8-27. Business licenses and permits generally.
Sec. 8-28. Occupational licenses and permits generally.
Sec. 8-29. Caterers.
Sec. 8-30. Hotels, motels and roominghouses.
Sec. 8-31. Sunday sales and holiday sales.
Sec. 8-32. Taverns and victualing houses.
Sec. 8-33. Bond required for blasting.
Sec. 8-34. Employment agency, drycleaning establishment, laundry or pawnbroker shop; application; approval.
Sec. 8-35. Underground utility contractors—Permit.
Sec. 8-36. Same—Appeal from denial.
Sec. 8-37. Hotel, motel, boardinghouse or catering establishment—Application; approval.
Sec. 8-38. Same—Appeal from denial.
Sec. 8-39. Change of tenancy.
Sec. 8-40. Reserved.
Secs. 8-41—8-45. Reserved.
Sec. 8-27. Business licenses and permits generally.
Licenses and permit fees for the following types of businesses are hereby fixed as follows:
(1) Automobile junkyards, per location, annually ..... $100.00
(2) Closing-out sales, as defined by R.I.G.L. 1956, § 6-14-3, per sale ..... 100.00
(3) Employment agency operators, annually ..... 75.00
(4) Hawkers:
a. 1. Annually ..... 125.00
2. 90 day ..... 75.00
3. 60 day ..... 50.00
4. Daily ..... 25.00
b. Watches, jewelry, gold and silver ..... 50.00
c. General merchandise ..... 25.00
(5) Peddlers:
a. Per vehicle ..... 100.00
b. Per driver ..... 25.00
(6) Itinerant vendors, as defined by this chapter ..... 350.00
(7) Secondhand dealers:
a. Automobiles, per location, annually ..... 100.00
b. Antique shop operators, per location, annually ..... 75.00
c. Other stores and shops, per location, annually ..... 25.00
(8) Tattoo parlors ..... 200.00
(9) Automobile body repair shop ..... 100.00
(Rev. Ords. 1987, § 8-27; Ch. 274, § II, 8-19-03; Ch. 643, § I, 3-15-16)
State Law reference— Closing-out sales, G.L. 1956, §§ 6-14-1—6-14-5; employment agencies, G.L. 1956, §§ 5-7-1, 5-7-2; itinerant vendors, G.L. 1956, §§ 5-15-1—5-15-16; secondhand dealers, G.L. 1956, §§ 5-21-1—5-21-7.
Sec. 8-28. Occupational licenses and permits generally.
The license and permit fees for the following enumerated occupations are hereby fixed as follows:
(1) Drainlayers, annually ..... $40.00
(2) Foundryman, as defined by G.L. 1956, § 5-27-1, annually ..... 5.00
(3) Junk gatherers, annually ..... 5.00
(4) Junk shop operators, per location, annually ..... 25.00
(5) Laundries and dry cleaners, per location, annually ..... 25.00
(6) Night soil removers, annually ..... 200.00
(7) Pawnbrokers' shops, annually ..... 200.00
(Rev. Ords. 1987, § 8-28; Ch. 274, § III, 8-19-03)
State Law reference— Foundrymen, G.L. 1956, § 5-21-1 et seq.; junk gatherers, G.L. 1956, § 5-21-1 et seq.; junk shops, G.L. 1956, § 5-21-1 et seq.; drycleaners, laundries, G.L. 1956, § 5-16-1 et seq.; night soil removers, G.L. 1956, § 23-19.2-2; pawnbrokers, G.L. 1956, § 19-26-1 et seq.; peddlers and hawkers, G.L. 1956, § 5-11-18.
License fees for the carrying on of a catering business by mobile units are hereby fixed at $100.00 for each unit.
(Rev. Ords. 1987, § 8-29; Ch. 274, § IV, 8-19-03)
Sec. 8-30. Hotels, motels and roominghouses.
The annual license fees for the operation of a hotel, motel or roominghouse are hereby fixed as follows:
(1) Hotels, having the following number of guest rooms:
a. Up to 25 rooms ..... $ 50.00
b. Over 25 and not more than 50 rooms ..... 100.00
c. Over 50 rooms ..... 150.00
(2) Motels, having the following number of units:
a. Up to 25 units ..... 50.00
b. Over 25 and not more than 50 units ..... 100.00
c. Over 50 units ..... 150.00
(3) Roominghouses ..... 15.00
(Rev. Ords. 1987, § 8-30)
State Law reference— Hotels keeping of valuables, G.L. 1956, §§ 5-14-1, 5-14-2; hotels and motels, G.L. 1956, §§ 23-28.7-1 et seq., 23-28.13-1 et seq.; recreational facilities including hotels and motels, G.L. 1956, § 23-21-1 et seq.
Sec. 8-31. Sunday sales and holiday sales.
(a) Sunday sales. . Retail establishments possessing a class A license may sell alcoholic beverages from no earlier than 10:00 a.m. to no later than 6:00 p.m. on Sundays or on Christmas Day, if Christmas shall occur on a Sunday, unless the following Monday is a holiday, in which event the holders may remain open no later than 9:00 p.m. the prior Sunday.
(b) Holiday sales. No person or retail establishment shall engage in sale on a holiday unless said person or establishment has received approval by the city council and has obtained a license from the city clerk. No license shall be issued on December 25 of any year or on Thanksgiving Day except to those retail establishments provided for under Rhode Island law.
(c) The fee for each holiday license shall be $125.00 paid to the city clerk upon obtaining the license.
(Rev. Ords. 1987, § 8-31; Ch. 274, § V, 8-19-03; Ch. 386, § I, 5-2-06; Ch. 731, § I, 11-7-18)
State Law reference— Sunday business, G.L. 1956, §§ 5-23-1—5-23-5.
Sec. 8-32. Taverns and victualing houses.
The license fee for serving of food at diners, restaurants, taverns and other food dispensing establishments is hereby fixed according to classification. There shall be three classes of victualing licenses, and the fee for each class license shall be based upon the capacity of the licensed premises to accommodate the serving of food at any one sitting and the establishment of a minimum fee for those premises where seating is not available. Such classes and the fees for classes are hereby fixed as follows:
(1) First class, capacity to serve 51 persons or over ..... $150.00
(2) Second class, capacity to serve 26 to 50 persons ..... 125.00
(3) Third class, minimum and one to 25 persons ..... 75.00
(Rev. Ords. 1987, § 8-32; Ch. 274, § VI, 8-19-03)
State Law reference— Taverns and victualing houses, G.L. 1956, §§ 5-24-1—5-24-5.
Sec. 8-33. Bond required for blasting.
Whenever a license or permit is granted to any person from the state fire marshal to conduct blasting operations in the city, the city building inspector or his/her designee may require a bond be given, with a surety company as surety, running to the city in such amount as the building inspector and director of public works deem necessary to indemnify and hold harmless the city and such companies for any and all damages that may occur as a result of the blasting or excavating. Such bond shall not exceed $10,000.00, and shall in no way limit the liability of such person for any damages caused.
(Rev. Ords. 1987, § 8-33; Ch. 274, § VII, 8-19-03; Ch. 675, § I, 8-15-17)
State Law reference— Dealers in explosives, G.L. 1956, §§ 23-28.28-1—23-28.28-27.
Sec. 8-34. Employment agency, drycleaning establishment, laundry or pawnbroker shop; application; approval.
No person shall engage in the business of operating an employment agency, a drycleaning establishment or laundry, or a pawnbroker shop without first obtaining a license from the city clerk, after approval by the city council.
(Rev. Ords. 1987, § 8-34)
Sec. 8-35. Underground utility contractors—Permit.
No person shall engage in the business of underground utility contractor unless said person has a license from the State of Rhode Island as defined under G.L Ch. 5-65.5 et seq. No person shall engage in the installation, maintenance and repair of underground utility systems within the City of East Providence without first obtaining a permit for said installation and repair from the director of public works and payment of all fees associated with said permit.
(Ch. 625, § I, 6-2-15)
Editor's note— Ch. 625, adopted June 2, 2015 amended § 8-35 in its entirety to read as herein set out. Former § 8-35 pertained to drainlayer—application; approval, and derived from Rev. Ords. 1987; and Ch. 310, adopted June 15, 2004.
Sec. 8-36. Same—Appeal from denial.
Any person aggrieved by the action of the chief of police, the plumbing inspector, the city manager or the city clerk in the denial of a permit or license as provided in section 8-35 shall have the right of appeal to the city council. Such appeal shall be taken by filing a written statement with the city clerk fully setting forth the grounds for the appeal within 14 days after the notice of the action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed, postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-36)
Sec. 8-37. Hotel, motel, boardinghouse or catering establishment—Application; approval.
No person shall engage in the business of operating a hotel, motel, boardinghouse or catering establishment without first obtaining a license from city clerk, after approval of the chief of police, the building inspector and the city manager.
(Rev. Ords. 1987, § 8-37)
Sec. 8-38. Same—Appeal from denial.
Any person aggrieved by the action of the chief of police, the building inspector, the city manager, or the city clerk in the denial of a permit or license as provided in section 8-37 shall have the right of appeal to the city council. Such appeal shall be taken by filing a written statement with the city clerk, setting forth fully the grounds for the appeal, within 14 days after the notice of the action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-38)
All corporations, businesses, partnerships, LLCs, and individuals entering into new business locations within the city either by rental, lease or purchase shall complete a change of tenancy form provided by the city and said corporations, businesses, partnerships, LLCs, and individuals shall obtain all necessary permits, licenses or variances prior to operating at said location.
(Ch. 218, § I, 8-13-02)
Editor's note— Sec. I of Ch. 577, adopted Apr. 16, 2013, deleted § 8-40, which pertained to fireworks and derived from Ch. 558, adopted June 19, 2012.
FOOTNOTE(S):
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State Law reference— Secondhand dealers and junkyards, G.L. 1956, § 5-21-1 et seq.; closing out sales, G.L. 1956, § 6-14-1 et seq.; employment agencies, G.L. 1956, § 5-7-1 et seq.; itinerant vendors, G.L. 1956, § 5-15-1 et seq.; automobile secondhand dealers, G.L. 1956, § 5-21-1 et seq.; junk gatherers, G.L. 1956, § 5-21-1 et seq.; foundrymen, G.L. 1956, § 5-21-1 et seq.; pawnbrokers, G.L. 1956, §§ 19-26-1—19-26-19; peddlers and hawkers, G.L. 1956, §§ 5-11-1—5-11-18. (Back)
Sec. 8-46. Nudity on premises where alcoholic beverages are offered for sale.
Sec. 8-47. Alcoholic beverages.
Sec. 8-48. Premises selling alcoholic beverages.
Sec. 8-49. Licensing; council approval.
Secs. 8-50—8-65. Reserved.
Sec. 8-46. Nudity on premises where alcoholic beverages are offered for sale.
It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the city pursuant to any alcoholic beverage license to:
(1) Suffer or permit any female person, while on the premises of such commercial establishment, to expose to the public view that area of the human breast at or below the areola thereof.
(2) Suffer or permit any female person while on the premises of such commercial establishment to employ any devise or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection (1) of this section.
(3) Suffer or permit any person, while on the premises of such commercial establishment to expose to public view his or her genitals or pubic area.
(4) Suffer or permit any person, while on the premises of such commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals or pubic area.
(Ch. 436, § I, 6-3-97)
Sec. 8-47. Alcoholic beverages.
(a) The license fees for retailing alcoholic beverages in accordance with G.L. 1956 §§ 3-7-1 through 3-7-23 are as follows:
Class A\$1,000.00
Class B—Tavern keeper\2,000.00
Class B—Victualer\2,000.00
Class B—Limited\1,500.00
Class B—H\500.00
Class C\800.00
Class D\800.00
Class D—Limited\400.00
Class E\200.00
Class F\15.00
Class F-1\35.00
(b) In addition to the above license fee, all costs of advertising, including notice to abutters, shall be paid at the time of filing an application for such license to cover such costs. Applicants applying for renewal of a license shall pay upon filing such application an amount to cover the cost of advertising to be determined by the city council if such application is filed on or before October 1 next prior to license expiration date.
(Rev. Ords. 1987, § 8-47; Ch. 284, § I, 10-21-03)
Sec. 8-48. Premises selling alcoholic beverages.
(a) All holders of licenses to sell alcoholic beverages shall keep their premises closed during the hours prescribed and the time limits established by state law pertaining to such matters.
(b) All holders of retailer's licenses class A shall not dispense beverages between 11:00 p.m. and 7:00 a.m.
(Rev. Ords. 1987, § 8-48)
State Law reference— Closing hours for class B establishments, G.L. 1956, § 3-7-7; class C establishments, G.L. 1956, § 3-7-8; class I establishments, G.L. 1956, § 3-7-16; Class A licenses, G.L. 1956, § 3-7-3.
Sec. 8-49. Licensing; council approval.
No person shall engage in the business of selling alcoholic beverages without first obtaining a license from the city clerk, after approval from the city council.
(Rev. Ords. 1987, § 8-49)
FOOTNOTE(S):
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Cross reference— Consumption or possession of alcoholic beverages, § 9-1. (Back)
State Law reference— Alcoholic beverages, G.L. 1956, Title 3; local licensing authority, G.L. 1956, § 3-5-15; licensing and regulation of taverns, cookshops and oyster houses, G.L. 1956, § 5-24-1 et seq.; power of city council to license and regulate taverns, victualling houses, cookshops and oyster houses, G.L. 1956, § 5-24-1; term and duration of license, G.L. 1956, § 5-24-2; penalty for not obtaining license, G.L. 1956, § 5-24-3; licensing and regulation of taverns, G.L. 1956, § 5-24-1 et seq. (Back)
Sec. 8-66. Amusements generally.
Sec. 8-67. Carnival cleanup bond.
Sec. 8-68. Amusement parks, concessions and kiddie-land rides.
Sec. 8-69. Dancing and entertainment in establishment selling alcoholic beverages.
Sec. 8-70. Billiards, pool, video games, etc.; application and approval.
Sec. 8-71. Amusement parks—Application; issuance by city clerk.
Sec. 8-72. Same—Appeal from denial.
Sec. 8-73. Carnival application; issuance by city clerk.
Secs. 8-74—8-85. Reserved.
Sec. 8-66. Amusements generally.
License fees for the following forms of amusement and entertainment are hereby fixed as follows:
(1) Bingo:
a. Each game from 1:00 p.m. to 5:00 p.m., except Saturdays, Sundays and holidays ..... $ 15.00
b. Each game after 5:00 p.m. ..... 35.00
(2) Bowling:
a. Per alley, annually ..... 20.00
b. Sundays and holidays, extra per alley ..... 10.00
c. Twenty-four-hour operation, extra per alley ..... 6.00
(3) Circuses, per day ..... 300.00
(4) Carnivals, per day ..... 50.00
(5) Miniature golf courses, annually ..... 150.00
(6) Palmistry, annually ..... 100.00
(7) Pinball machines:
a. Per unit ..... 100.00
b. Sundays and holidays, extra per unit ..... 75.00
(8) Pool tables:
a. Per table, annually ..... 100.00
b. Sundays and holidays, extra per table ..... 10.00
(9) Roller skating:
a. Per rink, annually ..... 50.00
b. Sunday roller skating, annually ..... 50.00
(10) Shooting galleries, annually ..... 100.00
(11) Theaters:
a. Motion picture theater, per weekday for each screen used ..... 2.00
b. Motion picture theater, per Sunday or holiday for each screen used ..... 5.00
(12) Trap shooting, annually ..... 20.00
(13) Video games:
a. Per game, annually ..... 100.00
b. Sundays and holidays, extra per game ..... 10.00
(14) Theatrical performances:
a. Nonprofit/charitable organizations ..... Free
b. All others, per day ..... 25.00
(Rev. Ords. 1987, § 8-66; Ch. 274, § VIII, 8-19-03)
State Law reference— Bingo, G.L. 1956, § 11-19-30 et seq.; local license authorized, G.L. 1956, § 11-19-37.
Sec. 8-67. Carnival cleanup bond.
No carnival license shall be issued under this chapter until the applicant files with the city clerk $1,000.00 as a cash bond to secure the cleanup of the carnival site area. The bond shall be returned 30 days after the close of the carnival or after the carnival site area has been cleaned to the satisfaction of the director of public works or his designee. If the site is not cleaned to the satisfaction of the director of public works or his designee within 30 days after the close of the carnival, the city shall clean the carnival site and any costs and expenses incurred by the city for the cleanup of the carnival site shall be collected from the licensee's cash bond or from the licensee.
(Rev. Ords. 1987, § 8-67)
Sec. 8-68. Amusement parks, concessions and kiddie-land rides.
License fees for amusement park rides, concessions and kiddie-land rides are hereby fixed as follows:
(1) Rides, each unit annually ..... $100.00
(2) Concessions, each unit annually ..... 100.00
(3) Kiddie-land rides (considered individually), annually ..... 100.00
(Rev. Ords. 1987, § 8-68)
Sec. 8-69. Dancing and entertainment in establishment selling alcoholic beverages.
(a) Whenever permission is granted for a one-day license permitting dancing or any other entertainment, the fee for such license is hereby fixed as follows:
(1) Per day where no alcoholic beverages are served ..... $ 2.00
(2) Per day where alcoholic beverages are served ..... 5.00
(b) Whenever the city council shall grant an annual license permitting dancing or any other type of entertainment, the fee for such license shall be $150.00.
(c) Licenses granted pursuant to this section for dancing and other forms of entertainment are granted subject to the provisions of the G.L. 1956, § 5-22-9 and also other applicable provisions of G.L. 1956, § 5-22-1 et seq.
(Rev. Ords. 1987, § 8-69; Ch. 600, § I, 4-15-14)
Sec. 8-70. Billiards, pool, video games, etc.; application and approval.
No person shall engage in the operation of the following amusements without first obtaining a license from the city clerk, after approval by the city council: Billiard, pool, pinball, video games, bingo, shooting galleries, exhibitions, dancing, shows, theatrical performances, public roller skating, miniature golf.
(Rev. Ords. 1987, § 8-70)
Sec. 8-71. Amusement parks—Application; issuance by city clerk.
No person shall engage in the operation of an amusement park without first obtaining a license from the city clerk, after approval of the chief of police and the city council.
(Rev. Ords. 1987, § 8-71)
Sec. 8-72. Same—Appeal from denial.
Any person aggrieved by the action of the chief of police, the city manager or the city clerk in the denial of a permit or license as provided in section 8-71 shall have the right of appeal to the city council. Such appeal shall be taken by filing a written statement with the city clerk, setting forth fully the grounds for the appeal, within 14 days after the notice of action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed, postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-72)
Sec. 8-73. Carnival application; issuance by city clerk.
No person shall engage in the operation of a carnival without first obtaining a license from the city clerk, after approval of the city council.
(Rev. Ords. 1987, § 8-73)
FOOTNOTE(S):
--- (4) ---
Cross reference— Zoning regulations for amusements, § 19-231 et seq. (Back)
State Law reference— Amusements, G.L. 1956, § 5-22-5; bowling alleys, billiard tables and shooting galleries, G.L. 1956, §§ 5-2-1—5-2-14; swimming pools, G.L. 1956, §§ 23-22-1—23-22-14; theatres and shows, G.L. 1956, §§ 5-22-1—5-22-25; local license for billiard, bagatelle, pool and scippio table required, G.L. 1956, § 5-2-10; fees for such licenses, G.L. 1956, § 5-2-11; power of city council to tax and regulate billiard tables, G.L. 1956, § 5-2-1; pinball machine licensing, G.L. 1956, § 5-2-10; license for game rooms, G.L. 1956, § 5-2-10; power of town council to tax and regulate bowling alleys, G.L. 1956, § 5-2-1; local tax on bowling alley or shooting gallery, G.L 1956, § 5-2-6 et seq.; shows and exhibits, G.L. 1956, § 5-22-1 et seq.; public roller skating license, G.L. 1956, § 5-22-5; Sunday roller skating, G.L. 1956, § 5-22-7; Sunday licenses, G.L. 1956, § 5-23-1 et seq.; power to regulate and license dances, etc., G.L. 1956, § 5-22-5; Sunday amusements, performances and monies allowed at the discretion of the City Council of East Providence, G.L. 1956, § 5-22-9; fee, G.L. 1956, § 5-22-12. (Back)
Sec. 8-86. Wires defined.
Sec. 8-87. Permit to place wires.
Sec. 8-88. Application for permit to place poles and wires.
Sec. 8-89. Revocation of permit to place poles and wires; removal by city.
Sec. 8-90. City to be indemnified.
Sec. 8-91. Location, construction, etc., generally.
Sec. 8-92. Poles to be provided by owner; use of poles by others.
Sec. 8-93. Contact with telephonic, etc., wires; placement of poles.
Sec. 8-94. Height of poles; suspension of wire from poles.
Sec. 8-95. Placement of wires on buildings.
Sec. 8-96. Poles to be marked.
Sec. 8-97. Plat to be filed upon completion of circuit; report of changes.
Sec. 8-98. Insulation of generating machine and wires; tests to detect defects, etc.
Sec. 8-99. Precautions against damage to water mains and pipes.
Sec. 8-100. Maintenance and repair.
Sec. 8-101. Sign prohibition.
Secs. 8-102—8-115. Reserved.
For the purpose of this article, the term wires shall mean all wires to be used for conducting currents of electricity for the transmission or production of light, heat or motive power.
(Rev. Ords. 1987, § 8-86)
Cross reference— Definitions generally, § 1-2.
Sec. 8-87. Permit to place wires.
No wire shall be placed or maintained in, over or under any street, square, lane, alley or highway in the city without permission of the city manager or until the person or corporation placing or maintaining such wire shall have filed with the city clerk a written agreement accepting and promising to abide by and perform all the conditions and provisions of this article and of all ordinances or orders in amendment of or in addition hereto that may be hereafter enacted.
(Rev. Ords. 1987, § 8-87)
Sec. 8-88. Application for permit to place poles and wires.
(a) Authority is hereby delegated to the city manager to issue licenses and permits for pole locations and abandonment thereof and underground conduit permits.
(b) No permission to erect or maintain poles or wires shall be granted except on written application to the city manager. Every such application and every permission given to place and maintain poles or wires over, in or under streets, squares, lanes or alleys shall state the intended location of such wires and poles.
(Rev. Ords. 1987, § 8-88)
Sec. 8-89. Revocation of permit to place poles and wires; removal by city.
Permission given by the city manager to erect or maintain poles and wires may be revoked in whole or in part at any time, and any poles or wires may be removed by the city, its officers, agents or servants at any time without notice.
(Rev. Ords. 1987, § 8-89)
Sec. 8-90. City to be indemnified.
Every person or corporation erecting, maintaining or using such poles or wires shall indemnify and save harmless the city, its officers, agents and servants from and against all lawful claims and demands for injuries to persons or property occasioned by the existence of such poles or wires or the transmission of electric currents by means thereof and the city, city manager, city council or agents or servants of the city, exercising the rights, powers and permission and subject to the restrictions respectively given and reserved in this section, shall not be held liable by such person or corporation on account thereof or by reason of any injury or damage caused thereby.
(Rev. Ords. 1987, § 8-90)
Sec. 8-91. Location, construction, etc., generally.
The location, height, arrangement, construction and attachments of all poles and wires shall be under the direction of the director of public works or his agent who may at any time in his discretion direct changes to be made therein as the public safety may require.
(Rev. Ords. 1987, § 8-91)
Sec. 8-92. Poles to be provided by owner; use of poles by others.
All wires when placed above the surface of the ground shall be suspended from poles which shall be provided and maintained by the person or corporation using such wires, and such person or corporation shall permit any other person or corporation to suspend from such poles, wires for conducting electric currents for lighting, heating or motive power and to place lamps on any pole or a lamppost not in use for that purpose whenever the city manager shall so direct and upon such reasonable conditions, terms and remuneration as the city manager may approve or prescribe.
(Rev. Ords. 1987, § 8-92)
Sec. 8-93. Contact with telephonic, etc., wires; placement of poles.
No wire shall be placed in contact with any telephone, telegraph or other wires, and poles shall be so placed that the wires shall cross streets only at right angles.
(Rev. Ords. 1987, § 8-93)
Sec. 8-94. Height of poles; suspension of wire from poles.
Poles shall not exceed 30 feet in height from the ground, and the lowest line of wire thereon shall be suspended not less than 20 feet from the ground.
(Rev. Ords. 1987, § 8-94)
Sec. 8-95. Placement of wires on buildings.
No wire shall be suspended from or attached to any building, except for the purpose of conducting electricity thereto, unless by special permission and in accordance with directions of the director of public works or his agent, and in no case shall such wire be placed on any building in proximity to any other wire.
(Rev. Ords. 1987, § 8-95)
Cross reference— Buildings and building regulations, ch. 4.
Sec. 8-96. Poles to be marked.
All poles used for carrying wires for conducting electricity for light, heat or motive power shall be branded or otherwise marked in a legible and permanent manner with the name and title of the person or corporation owning such poles at his expense and to the satisfaction of the city manager. In all cases where wires of more than one person or corporation are placed upon any one pole, that part of the pole or crossarm to which such wires are attached shall be marked in such manner as to designate the ownership of such wires in such way as shall be satisfactory to the city manager.
(Rev. Ords. 1987, § 8-96)
Sec. 8-97. Plat to be filed upon completion of circuit; report of changes.
Upon the completion of any circuit and before the circuit shall be used, a plat showing the location of all poles and wires in such circuit shall be filed in the office of the city clerk. Any changes of poles or wires shall be reported at such office in writing within 24 hours after such change shall be made.
(Rev. Ords. 1987, § 8-97)
Sec. 8-98. Insulation of generating machine and wires; tests to detect defects, etc.
The machine generating the electric current shall be insulated from electrical communication with the earth, and the wires shall be covered with proper insulating material throughout their entire length and shall have no ground connections, the direct and return current being taken over metallic conductors. The attachments of all wires shall be made of noncombustible, nonconducting material. Daily tests shall be made of each operated circuit to detect defects and accidental ground connections, and reports of such tests shall be made daily to the city clerk or some person delegated by the city council.
(Rev. Ords. 1987, § 8-98)
Sec. 8-99. Precautions against damage to water mains and pipes.
In all lighting, power and high tension circuits, lines or wires, every person or corporation owning or using such lines or wires shall take all proper means and precautions to prevent the current of electricity from the lines or wires, through leakage or otherwise, from injuring or damaging the water mains or pipes or other pipes now or hereafter laid in the city.
(Rev. Ords. 1987, § 8-99)
Sec. 8-100. Maintenance and repair.
Every line, pole, fixture, structure or similar electrical appliance shall be kept in thorough order and repair and in conformity with this article and other rules or ordinances pertaining thereto.
(Rev. Ords. 1987, § 8-100)
No sign shall be placed upon any poles erected in accordance with this section except by the state and the city or unless otherwise approved by the city manager.
(Ch. 76, § I, 6-15-99; Ch. 359, § I, 10-4-05)
FOOTNOTE(S):
--- (5) ---
Cross reference— Utilities, ch. 17. (Back)
Sec. 8-116. Defined.
Sec. 8-117. License required.
Sec. 8-118. Application.
Sec. 8-119. Investigation of applicant; issuance and denial.
Sec. 8-120. Fees.
Sec. 8-121. Term.
Sec. 8-122. Exhibition.
Sec. 8-123. Hours permitted.
Sec. 8-124. Enforcement of chapter.
Sec. 8-125. Records and reports of police chief and city clerk.
Sec. 8-126. Revocation.
Sec. 8-127. Appeal from denial.
Sec 8-128. Registration of businesses.
Sec 8-129. Penalties for non-compliance.
Secs. 8-130—8-139. Reserved.
For the purpose of this chapter, a "solicitor" shall be defined as any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery or services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who for himself or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. Nothing herein shall apply to non-profit, political, civic, religious or charitable organizations.
(Rev. Ords. 1987, § 8-116; Ch. 23, § I, 4-21-98; Ch. 672, § II, 6-6-17)
Cross reference— Definitions generally, § 1-2.
No person as defined in section 8-116 shall solicit or call from house to house in the city to sell or attempt to sell goods by sample, to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future without first having received a written license therefor in compliance with the provisions of this article.
(Rev. Ords. 1987, § 8-117; Ch. 672, § III, 6-6-17)
(a) Applicants for a license under this article must file with the city clerk a sworn application, in writing and in duplicate on a form to be furnished by the city clerk, which shall give the following information:
(1) Name and description of the applicant;
(2) Permanent home address and full local address of the applicant;
(3) A brief description of the nature of the business and the goods sold;
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(5) The length of time for which the right to do business is desired;
(6) The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery;
(7) A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation in any state or of any municipal ordinance in Rhode Island, the nature of the offense and the punishment or penalty assessed therefor. Applicant will present a BCI from the office of the RI attorney general and attest to no criminal history, if convicted of a felony, or of a misdemeanor involving fraud, a license shall only be issued with approval of the chief of police.
(b) At the time of filing the application, a fee of $5.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.
(Rev. Ords. 1987, § 8-118; Ch. 672, § IV, 6-6-17)
Sec. 8-119. Investigation of applicant; issuance and denial.
The clerk shall keep a permanent record of all licenses issued and which business the licenses are associated with.
(Rev. Ords. 1987, § 8-119; Ch. 672, § V, 6-6-17)
(a) The license fee which shall be charged by the city clerk for solicitor's license shall be $50.00 per year.
(b) The annual fees provided in this section shall be assessed on a calendar year basis, and on or after July 1 the amount of such fee for an annual license shall be one-half the amount stipulated above for the remainder of the year.
(Rev. Ords. 1987, § 8-120; Ch. 672, § VI, 6-6-17)
All annual licenses issued under the provisions of this article shall expire on December 31 in the year when issued.
(Rev. Ords. 1987, § 8-121; Ch. 672, § VII, 6-6-17)
Solicitors shall be required to exhibit their licenses at the request of any city resident.
(Rev. Ords. 1987, § 8-122; Ch. 672, § VIII, 6-6-17)
It shall be unlawful for any person engaged in soliciting as described in section 8-116 to call from house to house, unless invited by the occupant to do so, at any time before the hour of 8:00 a.m. or one-half hour after sunset.
(Rev. Ords. 1987, § 8-123; Ch. 23, § II, 4-21-98; Ch. 672, § IX, 6-6-17)
Sec. 8-124. Enforcement of chapter.
It shall be the duty of any police officer of the city to require any person seen soliciting, and who is not known by such officer to be duly licensed, to produce his solicitor's license and to enforce the provisions of this chapter against any person found to be violating this chapter.
(Rev. Ords. 1987, § 8-124; Ch. 672, § X, 6-6-17)
Sec. 8-125. Records and reports of police chief and city clerk.
The chief of police shall report to the city clerk all convictions for violation of this chapter, and the city clerk shall maintain a record for each license issued and shall record the reports of violation therein.
(Rev. Ords. 1987, § 8-125)
(a) Licenses issued under the provisions of this article may be revoked by the chief of police after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor;
(3) Any violation of this chapter;
(4) Conviction of any felony or misdemeanor involving moral turpitude;
(5) Conducting the business of soliciting in an unorderly and unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
(b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-126; Ch. 672, § XI, 6-6-17)
Sec. 8-127. Appeal from denial.
Any person aggrieved by the action of the chief of police or the city clerk in the denial of a license as provided in section 8-118 shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of has been mailed to such person's last known address a written statement setting forth fully the grounds for appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in section 8-126 for notice of hearing on revocation. The decision and order of the city council on such appeal shall be final and conclusive.
(Rev. Ords. 1987, § 8-127; Ch. 672, § XII, 6-6-17)
Sec 8-128. Registration of businesses.
Any business that conducts door-to-door soliciting shall register with the city clerk's office and shall provide a list of all solicitors operating in the city. The business shall be responsible for ensuring all solicitors acting on behalf of the company, whether an employee or contractor, is licensed. The registration cost shall be on the following fee scale and all businesses shall renew registration on an annual basis as defined in section 8-121.
Businesses with five or less solicitors\$100.00
Businesses with over five and under 25 solicitors\250.00
Businesses with 25 or more solicitors\500.00
(Ch. 672, § XIII, 6-6-17)
Sec 8-129. Penalties for non-compliance.
(a) Anyone engaging in door-to-door solicitation without a license or who is non-compliant with the allowed timeframe or other rules established herein shall be subject to the following penalties:
First offense—$100.00
All subsequent offenses—$250.00 to $500.00 fine and up to 30 days in jail.
(b) Any business failing to register or [which] registers but does not disclose all door-to-door solicitors working on their behalf or who uses unlicensed solicitors shall be subject to the following penalties:
First offense—$100.00
All subsequent offenses—Minimum of $250.00 to a maximum of $500.00 fine and loss of right to operate door-to-door solicitation in the city.
(Ch. 672, § XIV, 6-6-17)
FOOTNOTE(S):
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Cross reference— Public places, ch. 13; streets and sidewalks, ch. 14. (Back)
State Law reference— Home solicitation sales, G.L. 1956, § 6-28-1 et seq. (Back)
Sec. 8-140. Definitions.
Sec. 8-141. License required.
Sec. 8-142. Application; issuance; expiration.
Sec. 8-143. Fees.
Sec. 8-144. Nontransferable; exception.
Sec. 8-145. Failure to exhibit.
Sec. 8-146. Persons excepted from chapter.
Sec. 8-147. Appeal from denial.
Sec. 8-148. Hawking or peddling without a license.
Sec. 8-149. Observance of signs.
Sec. 8-150. Unnecessary noise prohibited,
Sec. 8-151. Sales prohibited in certain areas.
Sec. 8-152. Sales prohibited near establishments selling similar goods.
Sec. 8-153. Obstruction of public ways; hawking/peddling in unauthorized areas.
Secs. 8-154—8-170. Reserved.
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:
Door-door salesmen means persons who deliver goods, wares, or merchandise to customers for which payment has already been made at the time of delivery.
Hawker means any person selling or offering for sale, any goods, wares or merchandise whatsoever including any food or beverage, on any public street, highway, public right-of-way, or other location that does not have a building or structure for such purpose.
Peddler means any person selling or offering for sale, any goods, wares, or merchandise whatsoever, including any food or beverage, from a vehicle, cart or any other conveyance which is not stationary, from any public street, highway, public right-of-way, or other location.
Persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition are deemed to be hawkers or peddlers.
(Rev. Ords. 1987, § 8-148; Ch. 237, § I, 11-26-02)
Cross reference— Definitions generally, § 1-2.
Except as hereinafter provided in this article all hawkers and peddlers desiring to sell or offer for sale as hawkers and peddlers any articles or substances within the city and all persons desiring to sell or to offer for sale any goods, wares, merchandise, ice cream or other articles or substances on any street in the city shall first obtain a city license therefor, to be issued by the city clerk.
(Rev. Ords. 1987, § 8-141)
Sec. 8-142. Application; issuance; expiration.
(a) All persons desiring a peddlers or hawkers license as required in section 8-141 shall make application to the city clerk for such license, and the city clerk, after granting of the application by the council, may issue a license subject to the approval of the chief of police and the state health inspector if food is involved, to such persons to sell the articles and substances mentioned in section 8-141 in such manner as shall be specified in the license and in the permitted area as is designated by the city council and is approved by the chief of police for reasons relating to public health and safety for the period from the date of such license until December 1 next ensuing such date. No licensee shall hawk or peddle in any other area than that to which he/she is permitted under the license granted by the city. Violations of such may result in loss of license and/or fines pursuant to section 8-148 of this chapter.
(b) An applicant for a peddlers or hawkers license may apply to the city clerk for a temporary license, and the city clerk, after approval by the chief of police, may issue the license allowing the licensee to operate under the same terms as a full license as described in subsection (a) of this section. The temporary license shall expire on the date of the next city council meeting following the date of the issuance of such temporary license, at which time the city council shall either grant or deny a full license as described in subsection (a) of this section.
(c) The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license. The city clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the city clerk shall deem appropriate.
(d) All hawkers are required to submit with their application a list of up to ten locations where they propose to stop and remain for any period of time so the police chief and the city council can review and approve the locations before the license is approved. If the hawker wishes to add locations at a later date, they must appear again in front of the city council for approval by the police chief and the council of the new location(s).
(Rev. Ords. 1987, § 8-142; Ch. 445, § I, 8-12-97; Ch. 345, § I, 5-17-05; Ch. 643, § II, 3-15-16; Ch. 676, § I, 8-15-17; Ch. 723, § I, 8-21-18)
State Law reference— Hawkers and peddlers, regulation, G.L. 1956, § 5-11-1 et seq.; itinerant vendors, G.L. 1956, § 5-15-1 et seq.
For licenses issued pursuant to section 8-142 the persons receiving such licenses shall pay to the city clerk the fees provided for in section 8-27, that no fees shall be charged for licenses issued to any person selling religious books and publications in behalf of Bible tract or other religious or moral societies for the purpose of promoting religious or moral improvement, which are sold for that purpose and not for pecuniary profit, to any person peddling or selling any tow cloth, knit stockings, gloves, mitts or other articles of household manufacture or articles manufactured with his own hands or to any person who shall receive a license from the general treasurer in accordance with G.L. 1956, § 5-11-7.
(Rev. Ords. 1987, § 8-143)
Sec. 8-144. Nontransferable; exception.
No license issued pursuant to this article shall authorize any person other than the one named therein to act thereunder, and no license shall be transferable, provided that any such license may transferred by the city clerk, upon the approval of the city council, on the payment of a fee as provided in section 8-10.
(Rev. Ords. 1987, § 8-144)
Sec. 8-145. Failure to exhibit.
Any person who shall neglect or refuse after demand by any police officer to exhibit to such officer his license shall be deemed for the purpose of this article to be unlicensed and to have violated this chapter.
(Rev. Ords. 1987, § 8-145)
Sec. 8-146. Persons excepted from chapter.
Nothing in this article shall apply to any milkman or farmer selling the produce of his farm or selling both the produce of his farm and the produce of other farms or to any vendor of ice or newspapers.
(Rev. Ords. 1987, § 8-146)
Sec. 8-147. Appeal from denial.
Any person aggrieved by the action of the chief of police, the city manager or the city clerk in the denial of a permit or license as provided in section 8-142 shall have the right of appeal to the city council. Such appeal shall be taken by filing, with the city clerk, a written statement setting forth fully the grounds for appeal. Such appeal shall be taken by filing a written statement within 14 days after the notice of the action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed, postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-147)
Sec. 8-148. Hawking or peddling without a license.
Every person, unless licensed as hereinbefore required, who shall, as a hawker or peddler, sell or offer for sale any goods, wares or merchandise whatever, including food and beverages shall be fined not more than $200.00.
(Rev. Ords. 1987, § 8-149)
Sec. 8-149. Observance of signs.
Any person residing in the city may affix to the entrance of his residence a sign containing the legend "No Solicitation." Any person required to be licensed under the provisions of this chapter who shall make or attempt to make any solicitation or sale at a residence so marked shall be deemed to have violated the provisions of this chapter.
(Rev. Ords. 1987, § 8-149.1)
Sec. 8-150. Unnecessary noise prohibited,
(a) Where two or more persons are on one wagon or cart used in hawking and peddling, only those having licenses shall be permitted to hawk or shout, and in no case shall more than one of such licensees hawk or shout at the same time.
(b) Hawking or shouting is prohibited in the vicinity of any house in which there is any person suffering from serious illness, after notice of such person suffering from serious illness, from any person.
(c) Hawkers and peddlers may make reasonable announcements of the merchandise which they have for sale, but loud, unnecessary outcries likely to disturb or annoy persons in the vicinity shall not be made at any place or time.
(d) No hawker or peddler shall attempt to sell or offer to sell his or her wares by means of a loudspeaker or other noise-making device intended to attract public attention, nor shall he create a nuisance situation as one defined in chapter 10.
(Rev. Ords. 1987, § 8-149.2)
Sec. 8-151. Sales prohibited in certain areas.
(a) No person shall hawk or peddle on any street or public way in the city, except between the hours of 9:00 a.m. to 9:00 p.m. in residential areas and between the hours of 9:00 a.m. to 12:00 midnight in business areas as such areas are shown on the zoning map of the city on file in the city clerk's office.
(b) The chief of police is hereby authorized to submit to council a list of streets and public ways throughout the city which, in his opinion, because of excess traffic and congestion, are unsafe for the public welfare and safety for the selling or offering for sale or merchandise by hawkers or peddlers. This list, upon submission to the city council, is to be reviewed by the traffic engineer and then resubmitted to the city council for final approval.
(c) Upon final approval, such list will be on file in the city clerk's office.
(d) At no time shall a hawker or peddler impede the free flow of traffic. The chief of police is hereby authorized to suspend operation of hawkers or peddlers at any time and for such periods of time on streets and ways where conditions exist that require him, in his opinion, in the interest of public safety, to do so without a prior request to city council.
(Rev. Ords. 1987, § 8-149.3)
Sec. 8-152. Sales prohibited near establishments selling similar goods.
No hawker or peddler shall sell his or her product within 250 feet of any business establishment in the city which sells the same products.
(Rev. Ords. 1987, § 8-149.4)
Sec. 8-153. Obstruction of public ways; hawking/peddling in unauthorized areas.
(a) No person, hawker or peddler, shall stand on any footway, sidewalk, parking lot, doorstep or in any doorway in this city as to obstruct a free passage for foot passengers; or to hinder or delay passers-by or persons residing or doing business in the vicinity thereof; or violate a hawker/peddler license by hawking/peddling in an unauthorized area.
(b) Any person, hawker or peddler, obstructing any footway, sidewalk, parking lot, step or doorway shall move immediately when requested to do so by a police officer.
(c) All violations of this section, as cited by the city police department, shall be heard by the municipal court.
(Ch. 345, § II, 5-17-05)
FOOTNOTE(S):
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Cross reference— Public places, ch. 13; streets and sidewalks, ch. 14. (Back)
State Law reference— Hawkers and peddlers, G.L. 1956, § 5-11-1 et seq.; local license, G.L. 1956, § 5-11-18; itinerant vendors, G.L. 1956, § 5-15-1 et seq.; home solicitation sales, G.L. 1956, § 6-28-1 et seq. (Back)
Sec. 8-171. Definition.
Sec. 8-172. Application; approval; fee.
Secs. 8-173—8-190. Reserved.
Itinerant vendors include all persons, both principals and agents, who engage in a temporary or transient business, either in one locality or in traveling from place to place selling goods, wares and merchandise and who, for the purposes of carrying on that business hire, lease or occupy any building or structure for the exhibition and sale of goods, wares and merchandise.
(Rev. Ords. 1987, § 8-150)
Cross reference— Definitions generally, § 1-2.
Sec. 8-172. Application; approval; fee.
(a) At least 14 days prior to selling under a state license, every itinerant vendor shall exhibit the state license to the city clerk, and upon payment to the city clerk of a further license fee of $350.00, and the proof of payment of all other license fees, if any, that are legally chargeable upon local sale, and upon making an application in writing and under oath showing all the facts in regard to the sale which the itinerant vendor proposes to conduct and the place and manner of conducting the sale including an inventory of the goods, wares, and merchandise to be sold at such sale together with the established retail price of such goods, wares and merchandise, and a statement, as far as possible, of the names of the persons from whom the goods, wares and merchandise to be so sold were obtained, the date of the delivery of such goods, wares and merchandise to the person applying for the license and the place from which such goods, wares and merchandise were last taken and all details to fully identify the goods, wares and merchandise to be so sold, the clerk shall record the state license in full, and shall endorse upon it the words "Local License, Fees Paid," and shall affix his official signature, together with the date of the endorsement. The clerk shall then issue a local license authorizing sales within the limits of the city. Any failure to obtain a local license and have proper endorsements made on the state license shall be subject to the same penalty as though no state license had been issued.
(b) Notwithstanding the foregoing, this shall not apply to those individuals involved in retail selling or the retail sale of farm produce.
(Rev. Ords. 1987, § 8-151)
FOOTNOTE(S):
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Cross reference— Public places, ch. 13; streets and sidewalks, ch. 14. (Back)
State Law reference— Itinerant vendors, G.L. 1956, § 5-15-1 et seq. (Back)
DIVISION 1. - GENERALLY
DIVISION 2. - JUNK AND SECONDHAND GOODS DEALERS
DIVISION 3. - AUTOMOBILE JUNKYARDS
DIVISION 4. - FLEA MARKETS
DIVISION 5. - YARD SALES
FOOTNOTE(S):
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Cross reference— Dismantled, junked and abandoned vehicles, § 10-26 et seq. (Back)
State Law reference— Secondhand dealers authority to license. G.L. 1956, § 5-21-1 et seq.; junkyards, G.L. 1956, § 24-14-1 et seq.; automobile wrecking and salvage yards, G.L. 1956, § 42-14.2-1 et seq.; pawnbrokers dealing in secondhand articles, G.L. 1956, § 19-26-7. (Back)
Sec. 8-201. License required.
Sec. 8-202. Application fee for establishment of junk and secondhand dealer's location.
Sec. 8-203. Application; reference to chief of police.
Sec. 8-204. Advertising application; hearing thereon.
Sec. 8-205. Fees generally.
Sec. 8-206. Fee not rebated.
Sec. 8-207. Display of license.
Sec. 8-208. Transfer of license.
Sec. 8-209. Expiration of license.
Sec. 8-210. Use of dwelling house for business.
Sec. 8-211. Record to be kept; information to be shown.
Sec. 8-212. Inspection of records, shops, vehicles, etc.
Sec. 8-213. Property not to be sold for ten days; to be kept separate, etc., during such period.
Sec. 8-214. Reports to police.
Sec. 8-215. Exemptions from sections 8-211 through 8-214.
Sec. 8-216. Hours of business.
Sec. 8-217. Dealing with minors; sale, etc., of bar or pig iron.
Sec. 8-218. Display of firearms and certain weapons.
Sec. 8-219. Article not applicable to certain shopkeepers.
Secs. 8-220—8-230. Reserved.
No person shall engage in the business of purchasing, selling, bartering or dealing in junk, old metals or any secondhand articles, including automobiles, whether as a keeper of a shop, storehouse or flea market operation for the reception of such materials or as gatherer of such materials in any bag, wagon or cart or as foundryman or other person receiving the materials for the purpose of melting the materials or of converting the materials into castings. No person shall establish, operate or maintain an automobile junkyard within this city, unless such persons shall be duly licensed by the city council and subject to the conditions and restrictions set forth in this article.
(Rev. Ords. 1987, § 8-161)
State Law reference— License for junk and secondhand dealers, G.L. 1956, §§ 5-21-1, 5-21-2.
Sec. 8-202. Application fee for establishment of junk and secondhand dealer's location.
The fee for an application for a license to keep a shop or storehouse for the reception of any junk, old metals or other secondhand articles including automobiles or to establish, operate or maintain an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license shall be $10.00, plus the cost of posting and publishing the notice of the hearing on such application.
(Rev. Ords. 1987, § 8-162)
Sec. 8-203. Application; reference to chief of police.
Every applicant for a license required by section 8-201 or renewal thereof shall make application upon a form to be furnished by the city clerk, furnishing such information as may be requested or required by such form. Such application, when completed by the applicant, shall be referred to the chief of police for his recommendation before being acted upon by the city council. The city council shall approve such license for just and good cause.
(Rev. Ords. 1987, § 8-163)
Sec. 8-204. Advertising application; hearing thereon.
(a) The city council, before granting a license under this article to keep a shop, storehouse or flea market operation for the reception of any junk, old metals or other secondhand articles, including automobiles, or to establish, operate or maintain an automobile junkyard, in any location not lawfully occupied for such purpose at the time of the application for such license, shall hold a public hearing, notice of which shall be posted by the city clerk at least seven days but not more than 14 days prior to such hearing in not less than two public places in this city and in a newspaper of general circulation in this city, provided that before the city clerk shall post or publish notice of a hearing he shall collect from the applicant for such license a fee of $15.00, plus the cost of posting and publishing such notice. The city clerk shall post or publish notice of a hearing and shall collect from the applicant for a flea market license a fee of $25.00, plus the cost of posting and publishing such notice.
(b) No license shall be granted under this article to the keeper of any shop, storehouse or flea market operation for the reception of any junk, old metals or other secondhand articles, including automobiles, or to a person establishing, operating or maintaining an automobile junkyard, in any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the city council their objection to the granting of such license, provided that this subsection shall not apply to any applicant who is the keeper of such a shop or storehouse, or automobile junkyard within the city, which is being acquired under eminent domain proceedings and was duly licensed by this city prior to such eminent domain proceedings.
(Rev. Ords. 1987, § 8-164)
The annual fees for the license required by section 8-201 shall be as provided in sections 8-26 and 8-27.
(Rev. Ords. 1987, § 8-165)
No rebate shall be made from the license fee provided for in sections 8-26 and 8-27 for any license or any licensed term less than one year.
(Rev. Ords. 1987, § 8-166)
Sec. 8-207. Display of license.
Every keeper of any junk shop or storehouse licensed pursuant to this article shall display in a conspicuous place within such shop or storehouse the license last granted to him.
(Rev. Ords. 1987, § 8-167)
Sec. 8-208. Transfer of license.
Any license granted pursuant to this article may be transferred by the city clerk upon the previous approval of the city council and upon the payment of a fee as provided in section 8-10.
(Rev. Ords. 1987, § 8-168)
Sec. 8-209. Expiration of license.
All licenses granted pursuant to this article shall expire on December 1 next succeeding the date of such license.
(Rev. Ords. 1987, § 8-169)
Sec. 8-210. Use of dwelling house for business.
No such business specified in section 8-201 shall be carried on in any building or premises any part of which is used as a dwelling house, except with the recommendation in writing of the chief of police and chief of the fire department.
(Rev. Ords. 1987, § 8-170)
Sec. 8-211. Record to be kept; information to be shown.
Every person licensed pursuant to section 8-201 with the exception of licensed gatherers, shall keep in a book obtained from or under the direction of the city clerk a contemporaneous record in ink and in the English language of the business done by him as follows: A description of every article purchased or sold by him at the time of such purchase or sale; the name and residence of the person from or to whom the article was purchased or sold; and the day or hour of such purchase or sale.
(Rev. Ords. 1987, § 8-171)
Sec. 8-212. Inspection of records, shops, vehicles, etc.
The book or record required to be kept in section 8-211 and every shop, storehouse, bag, wagon, cart or foundry or place of business of any such person licensed pursuant to this article shall be subject to the inspection and examination of the chief of police, or any other person authorized by him.
(Rev. Ords. 1987, § 8-172)
Sec. 8-213. Property not to be sold for ten days; to be kept separate, etc., during such period.
Every person licensed pursuant to this article shall keep any property purchased or received by him for a period of ten days from and after the report required to be made by him to the chief of police. During such period such property shall be kept separate and distinct, and shall not be disfigured or treated in any way by which its identity may be destroyed or affected, provided that any person licensed as a gatherer may at any time sell any such property to a keeper of a shop or storehouse or to a foundryman or other person licensed pursuant to this article, provided further, that any keeper of a shop or storehouse or any foundryman or other person licensed pursuant to this chapter may sell or melt within the period of ten days, upon permission in writing from the chief of police or from such person as he shall designate to act for him.
(Rev. Ords. 1987, § 8-173)
Sec. 8-214. Reports to police.
Every person licensed pursuant to this article, except a gatherer, shall once per calendar week deliver to the chief of police, or his office, on blank forms to be prescribed by the chief a legible and correct transcript from the book kept by such licensed person as provided in section 8-211, showing the business done by such person during the business week immediately preceding.
(Rev. Ords. 1987, § 8-174)
Sec. 8-215. Exemptions from sections 8-211 through 8-214.
Sections 8-211 through 8-214 shall not apply to any purchase or sale of junk or old metals weighing one ton or over.
(Rev. Ords. 1987, § 8-175)
Sec. 8-216. Hours of business.
No keeper of any junk shop or storehouse shall do or suffer to be done any business therein between 7:00 p.m. and 7:00 a.m.
(Rev. Ords. 1987, § 8-176)
Sec. 8-217. Dealing with minors; sale, etc., of bar or pig iron.
No person licensed pursuant to this article shall directly or indirectly either purchase or receive in barter or exchange any junk, old metals or secondhand articles from any minor, unless such minor shall be licensed in accordance with this article; nor shall any such licensed person directly or indirectly either purchase or receive in barter or exchange or sell any bar or pig iron.
(Rev. Ords. 1987, § 8-177)
Sec. 8-218. Display of firearms and certain weapons.
No dealer in secondhand articles shall display in his place of business any pistols or firearms of any description, nor any blackjacks slingshots, billies, brass knuckles or other weapons of like kind and description.
(Rev. Ords. 1987, § 8-178)
Sec. 8-219. Article not applicable to certain shopkeepers.
This article shall not apply to keepers of shops for the purchase, sale or barter of books, pamphlets and periodicals.
(Rev. Ords. 1987, § 8-179)
Sec. 8-231. Definition.
Sec. 8-232. Conditions for issuance of license for automobile junkyard.
Sec. 8-233. Operation and maintenance of automobile junkyard.
Sec. 8-234. Applicability of certain provisions to existing licensed yards.
Secs. 8-235—8-250. Reserved.
For the purposes of this chapter, automobile junkyard means a place where one or more unserviceable, discarded, worn-out or junked automobiles or bodies, engines, tires, parts or accessories thereof are gathered together.
(Rev. Ords. 1987, § 8-180)
Cross reference— Definitions generally, § 1-2.
State Law reference— Similar provisions, G.L. 1956, § 5-21-3.
Sec. 8-232. Conditions for issuance of license for automobile junkyard.
No license shall be granted for an automobile junkyard under section 8-201 unless:
(1) It is to be operated and maintained entirely within a building;
(2) It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, contiguous to a railroad siding or on or contiguous to docking facilities;
(3) It is:
a. More than 600 feet from any state highway;
b. More than 300 feet from any park, bathing beach, playground, church or cemetery and is not within ordinary view therefrom;
c. Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high acceptable to the city council and so specified on such license.
(Rev. Ords. 1987, § 8-181)
Sec. 8-233. Operation and maintenance of automobile junkyard.
(a) Notwithstanding any other provision of this article, except section 8-234, it shall be a misdemeanor to operate or maintain an automobile junkyard unless:
(1) It is to be operated and maintained entirely within a building;
(2) It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, contiguous to a railroad siding or on or contiguous to docking facilities;
(3) It is:
a. More than 600 feet from any state highway;
b. More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom;
c. Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high.
(b) It shall be the duty of the police department of the city to enforce this section, and any person violating this section shall, upon conviction for the first offense, be punished by a fine of not less than $50.00 nor more than $100.00 or by imprisonment for not less than ten days nor more than 30 days, or by both such fine and imprisonment. For a second or subsequent conviction, such person shall be fined not less than $100.00 nor more than $500.00 or by imprisonment for not less than 30 days nor more than six months.
(Rev. Ords. 1987, § 8-182)
Sec. 8-234. Applicability of certain provisions to existing licensed yards.
The provisions of subsections 8-232(1), (2), (3)a, (3)b and section 8-233 shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to section 8-201 on the date of passage of this article.
(Rev. Ords. 1987, § 8-183)
FOOTNOTE(S):
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Cross reference— Vehicles and traffic, ch. 18. (Back)
Sec. 8-251. Definitions.
Sec. 8-252. Permit required.
Sec. 8-253. Vendor's record of inventory and employees.
Sec. 8-254. Inspection of record of inventory and employees.
Sec. 8-255. Duties and responsibilities of operator.
Sec. 8-256. Merchandise to be held or impounded.
Sec. 8-257. Receipt of goods from minors by vendors.
Sec. 8-258. Exceptions.
Sec. 8-259. Penalty for false statements and failure to make report.
Secs. 8-260—8-270. Reserved.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Flea market operation means any facility where activities take place commonly known as, but not limited to swap shops, penny markets and where tangible articles are bought, sold or exchanged.
Flea market operator means any person who owns or controls the premises at which the activity defined as a flea market operation is conducted.
Flea market vendor means any person, firm or corporation who engages in or conducts the activity of buying, selling or exchanging, whether on a casual or regular basis, any tangible articles, whether new, secondhand or used, in any facility described in the definition of flea market operation.
(Rev. Ords. 1987, § 8-184(a)—(c))
Cross reference— Definitions generally, § 1-2.
It shall be unlawful for any flea market operator to operate unless a permit shall be applied for, granted and in existence, all in compliance with the provisions of this article and with sections 8-201 and 8-204.
(Rev. Ords. 1987, § 8-184(d))
Sec. 8-253. Vendor's record of inventory and employees.
Every flea market vendor in the city shall provide the flea market operator with a record of inventory of articles (other than used wearing apparel) to be offered for sale or exchange prior to offering them for sale or exchange at the flea market operation. Such record of inventory shall be legibly written in the English language, either in ink or typewritten, and shall include a description of such tangible articles making up the inventory that can be specifically described by serial number, model number, brand name, personalized initials or personalized inscription or which bear evidence of having had a serial number, model number, brand name, personalized initials or personalized inscription. If any such articles have been acquired by the flea market vendor within a period of 60 days prior to the date of proposed sale, the inventory shall also include the identity by name and address of the person from whom such articles were received and the date such articles were received. Every vendor shall also complete a form indicating the real name of the person conducting the activity, any fictitious name under which the activity is being conducted and the name of all employees whether paid or not. The record forms required by this section will be those furnished by the police department of the city.
(Rev. Ords. 1987, § 8-184(e))
Sec. 8-254. Inspection of record of inventory and employees.
The record of inventory and employees required by section 8-253 shall be made available by the flea market operator at any time after receipt thereof from the flea market vendor. The police department shall also have the right to thoroughly inspect the premises where the activity is being conducted, at any time during normal hours, to compare the entry kept in the record of inventory and employees with the articles and employees located on such premises. All persons in charge of such premises shall render to the police department such assistance as may reasonably be necessary to enable it to complete such an inspection.
(Rev. Ords. 1987, § 8-184(f))
Sec. 8-255. Duties and responsibilities of operator.
It shall be the duty of every flea market operator to see that all vendors using the flea market operation are advised of the reporting requirements of this article. The flea market operator will also be responsible for seeing that each vendor receives the forms prescribed by the police department for recording inventory and employees, and that each vendor is advised that such record of inventory and employees is to be returned properly filled out to the operator prior to offering any articles for sale or exchange in the flea market operation. The operator will make such completed forms available to the police department on demand. The operator shall not allow any vendor to sell or exchange articles unless the records requested in section 8-253 have been provided to such operator. Failure to perform the above stated duties and responsibilities by the flea market operator will be grounds for permit revocation or suspension.
(Rev. Ords. 1987, § 8-184(g))
Sec. 8-256. Merchandise to be held or impounded.
Articles may be disposed of, provided there has been compliance with the provisions of section 8-253. Articles which the police department have reasonable grounds to believe were stolen may be impounded or left with the vendor under a hold order at the discretion of any member of the city police department. An article may be impounded or held under a hold order by the city police department for a period of 30 days pending investigation as to the ownership of the article. It shall be unlawful for any flea market vendor to dispose of any property contrary to any hold order issued by a member of the police department.
(Rev. Ords. 1987, § 8-184(h))
Sec. 8-257. Receipt of goods from minors by vendors.
It shall be unlawful for any person operating as a flea market vendor, or for any employee or agent thereof, to receive any articles by purchase or otherwise from any minor with the intent to sell or exchange such articles at a flea market operation.
(Rev. Ords. 1987, § 8-184(i))
Religious, benevolent, charitable and civic organizations operating as nonprofit flea market vendors shall be exempt from the provisions of this article, provided that all articles presented for sale or exchange have been donated.
(Rev. Ords. 1987, § 8-184(j))
Sec. 8-259. Penalty for false statements and failure to make report.
Any person who fails to make a report required by this article or who makes a false statement in any report required by this article is guilty of a misdemeanor.
(Rev. Ords. 1987, § 8-184(k))
Sec. 8-271. Definitions.
Sec. 8-272. Permit required.
Sec. 8-273. Permit fee.
Sec. 8-274. Hours of operation.
Sec. 8-275. Advertising; signs.
Sec. 8-276. Display of personal property.
Sec. 8-277. Responsibility for orderly behavior.
Sec. 8-278. Exemptions.
Sec. 8-279. Violation.
Sec. 8-280. Penalty.
Secs. 8-281—8-290. Reserved.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Personal property means property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of residing in or maintaining the residence or household where the yard sale is taking place. Merchandise purchases for the purpose of resale or which was obtained on consignment is not included in this definition.
Yard sale means all general sales, opened to the public, conducted from or on residential premises for the purpose of disposing of the personal property of the owner or tenant of the residence, and shall include but shall not be limited to sales entitled "yard," "garage," "lawn," "attic," "porch," "room," "backyard," "patio," or "rummage" sale; provided however, that neighborhood owners and/or tenants may participate in any such yard sale as defined in this division so as to authorize multifamily garage sale, so long as the owner or tenant of the premises at which the sale is operated is conducting and in charge of the sale. This definition of yard sale shall only include sales in which more than five items are offered for sale from a residential property.
(Rev. Ords. 1987, § 8-185(a), (b))
Cross reference— Definitions generally, § 1-2.
No yard sale shall take place in the city unless and until a permit therefor is obtained by the individuals desiring to hold such a sale. Owners or tenants of more than one residence may obtain a joint permit for such a sale as long as it is to be held at the residence of one of them. The first three permits obtained in one calendar year shall be issued by the city clerk. Additional permits obtained after this shall be issued by the city clerk upon approval by the city council.
(Rev. Ords. 1987, § 8-185(c))
There shall be an administrative processing fee of $5.00 for the first three permits obtained in one calendar year. Additional permits obtained after this shall have a fee of $10.00.
(Rev. Ords. 1987, § 8-185(d))
Sec. 8-274. Hours of operation.
Any yard sale conducted in the city shall be limited in time to no more than the daylight hours of two consecutive days.
(Rev. Ords. 1987, § 8-185(e))
Sec. 8-275. Advertising; signs.
No sign or other form of advertising shall be exhibited more than two days prior to a sale, and all forms of advertising must be removed within 12 hours of the close of any sale.
(Rev. Ords. 1987, § 8-185(f))
Sec. 8-276. Display of personal property.
Personal property offered for sale as a garage sale may be displayed within the residence in a carport, in a garage, or in any part of the yard thereof. A vehicle offered for sale, however, must be displayed in a permanently constructed driveway.
(Rev. Ords. 1987, § 8-185(g))
Sec. 8-277. Responsibility for orderly behavior.
The individual to whom a permit is issued and the owner or tenant of the property at which such a sale is conducted are jointly responsible for upholding good order and decorum on the premises during the hours of such a sale. Any loud or boisterous language or conduct on the premises, or any impediment to the passage of traffic that is posed by vehicles because of the sale is prohibited. All such individuals shall obey the reasonable orders of any member of the police or fire departments of the city reasonably necessary to maintain the public health, safety, and welfare.
(Rev. Ords. 1987, § 8-185(h))
The provisions of this section shall not apply to or affect:
(1) Persons selling goods or personal property as a:
a. Lien foreclosure sale authorized and conducted pursuant to law;
b. Judicial sale pursuant to the order of any court of competent jurisdiction; or
c. Sale by a trustee, executor, administrator, or other fiduciary authorized or required by law.
(2) Any sale conducted by any merchant or other business establishment from or at a place of business provided such sale is licensed as required by law and permitted by the zoning regulations by the city either as a conforming or an existing nonconforming use under the provisions thereof or any sale conducted by a manufacturer, dealer, or vendor otherwise authorized by law and which is conducted from properly zoned premises and which is not otherwise prohibited by the ordinances of the city.
(3) Any sale conducted by any exempt organization, defined as any charitable, nonprofit, tax-exempt organization, contribution to which are deductible for federal or state income tax purposes.
(Rev. Ords. 1987, § 8-185(i))
Any article sold on each day a sale is conducted in violation of this division shall constitute a separate offense.
(Rev. Ords. 1987, § 8-185(j))
Any person found guilty of violating the terms of this section shall be fined not less than $25.00 nor more than $100.00 for each offense.
(Rev. Ords. 1987, § 8-185(k))
Sec. 8-291. Permit required.
Sec. 8-292. Initial permit.
Sec. 8-293. Failure to obtain permit.
Sec. 8-294. Reduced fees for portion of year.
Sec. 8-295. Transfer of ownership.
Secs. 8-296—8-310. Reserved.
A permit is hereby required for all mobile homes located within the city. Application for a permit shall be made to the city clerk on forms providing for the name, address and telephone number of the applicant and a description of the mobile home. The permit is effective for the period of November 1 through October 31 and the permit must be renewed annually. A permit fee of $10.00 shall be due and payable not later than November 1 of each permit year. No permit shall be issued until all outstanding personal property taxes upon the mobile home have been paid. A permit shall be issued upon payment of the $10.00 fee.
(Rev. Ords. 1987, § 8-201(a))
All mobile home owners located within the city at the time the ordinance codified in this section is passed shall apply for a permit from the city clerk by November 1, 1982. This initial permit will be valid from the date the permit is granted until October 31, 1983.
(Rev. Ords. 1987, § 8-201(b))
Sec. 8-293. Failure to obtain permit.
Any mobile home owner who fails to obtain a permit by November 1 of the permit year shall be required to remove the mobile home from the city. Any mobile home owner who fails to remove the mobile home shall be fined a sum of $5.00 per day so long as the violation exists. No permit will be issued subsequently until the total amount of the fine has been paid to the city clerk.
(Rev. Ords. 1987, § 8-201(c))
Sec. 8-294. Reduced fees for portion of year.
If application for a permit of any mobile home shall be made in the quarter of the year beginning February 1, May 1 or August 1 of any year, the fee for the permit shall be three-fourths, two-fourths, or one-fourth, respectively, of the fee required for a full year.
(Rev. Ords. 1987, § 8-201(d))
Sec. 8-295. Transfer of ownership.
If a mobile home located in the city is sold to a new owner, the new owner shall have 30 days from the date of sale to notify the city clerk of the change in ownership. The new owner shall apply for a new permit in his name pursuant to this section.
(Rev. Ords. 1987, § 8-201(e))
FOOTNOTE(S):
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Cross reference— Trailers and trailer camps, § 8-496 et seq. (Back)
Sec. 8-311. License required.
Sec. 8-312. Fee.
Secs. 8-313—8-330. Reserved.
No person shall engage within the city in the business of outdoor advertising until such person shall have obtained a license from the building inspector to conduct and carry on the business of outdoor advertising in the city.
(Rev. Ords. 1987, § 8-216)
Every person obtaining a license pursuant to section 8-311 shall pay the license fee required by section 4-19.
(Rev. Ords. 1987, § 8-217)
FOOTNOTE(S):
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State Law reference— Outdoor advertising generally, G.L. 1956, §§ 5-18-1—5-18-4; regulatory power of city council, G.L. 1956, § 5-18-2; outdoor advertising on highways, G.L. 1956, § 11-22-1 et seq.; penalty, G.L. 1956, § 5-18-4. (Back)
Sec. 8-331. Definitions.
Sec. 8-332. Authorization to grant franchise.
Sec. 8-333. Duration.
Sec. 8-334. Alarm receiving equipment.
Sec. 8-335. Subscriber alarm systems.
Sec. 8-336. Local or audible alarm systems.
Sec. 8-337. False alarms.
Sec. 8-338. Alarm telephone devices.
Sec. 8-339. Permits required.
Sec. 8-340. Application for termination of alarm monitoring service.
Sec. 8-341. Denial of application.
Sec. 8-342. Installation fee.
Sec. 8-343. City space retention.
Sec. 8-344. Emergency use upon termination.
Sec. 8-345. Revision provisions applicable.
Sec. 8-346. Annual audit.
Sec. 8-347. City nonliability; insurance.
Sec. 8-348. Right of eminent domain.
Sec. 8-349. Authority and powers reserved.
Sec. 8-350. Franchise is complete expression of terms and conditions.
Secs. 8-351—8-365. Reserved.
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:
Alarm system contractor means a contractor who contracts with a subscriber, owner or lessee of premises to provide and maintain alarm transmitting and/or receiving equipment, meaning equipment which terminates at either a city or a remote communications center, and which, when activated, produces and transmits a silent signal to an alarm center.
Audible alarm system means a system which produces an audible or visible signal at the point of origin.
Emergency means an occasion which reasonably calls for a response by the police department or fire department. A response due to failure of the alarm system or to personnel error is not an emergency. Any person who contends that the chief has erroneously determined that an emergency did not exist shall, upon written request to the chief of police or fire chief, ask for a hearing with respect to such determination and shall be given a hearing by a representative of the chief of police or fire chief within 30 days after receipt of such request. The request shall set forth why:
(1) An emergency did exist; or
(2) The false alarm resulted from circumstances beyond the writer's control.
The representative of the chief of police or fire chief shall, within ten days after the hearing, give written notice of his decision.
False alarm means any alarm signal necessitating response by the city police or fire department when an emergency does not exist. The chief of police or the fire chief shall evaluate whether an emergency did exist.
Franchisee means any person with a franchise from the city to provide alarm receiving equipment at a city communications center for the purpose of processing alarm signals.
Remote alarm system means a system which transmits a silent signal from an owner's or lessee's location to a remote communications center separate from the city communications center.
Subscriber means any person whose premises are protected by an alarm system which is utilizing alarm receiving equipment provided by the franchisee at a city communications center.
Subscriber alarm system means a police or fire alarm system which terminates in the alarm receiving equipment housed in a city communications center.
(Rev. Ords. 1987, § 8-231)
Cross reference— Definitions generally, § 1-2.
Sec. 8-332. Authorization to grant franchise.
The council may grant a nonexclusive franchise to construct, operate and maintain a police and fire alarm system at a city communications center for all or any portion of the city to any person who offers to furnish and provide such a system upon such terms and conditions as the council deems proper and consistent with the provisions of the Charter and this article.
(Rev. Ords. 1987, § 8-232)
Every franchise granted pursuant to this article shall, except when a definite term has been specified therein, be indeterminate; that is, every such franchise shall endure in full force and effect or until the franchise is voluntarily surrendered or abandoned by franchise or until the state, the city, or other body authorized by law has purchased by voluntary agreement or has condemned and taken under the power of eminent domain all property actually used in the franchise and situated within the city or until such franchise shall have been forfeited upon noncompliance with its terms or the provisions of this article.
(Rev. Ords. 1987, § 8-233)
Sec. 8-334. Alarm receiving equipment.
The franchisee shall provide alarm receiving equipment meeting the performance, size and other specifications that are established by the city. The city may cancel a franchise if it determines that the alarm receiving equipment or the subscriber alarm systems joined with it are not properly operated or maintained.
(Rev. Ords. 1987, § 8-234)
Sec. 8-335. Subscriber alarm systems.
(a) All subscriber alarm systems shall be installed by a licensed alarm company, be in proper working order and have an on-going maintenance and supervision program. All such systems shall meet all applicable fire and building codes and shall be compatible with the alarm receiving equipment installed at a city communications center. The city may inspect such equipment at reasonable times after receiving approval for such inspection from the person in control of the premises housing the subscriber alarm system.
(b) The franchisee shall be responsible for the proper performance of all subscriber alarm systems at their termination point in a city communications center. If the city determines that a subscriber alarm system is not properly operating, the city may demand withdrawal of the system from its communications center. The licensed alarm company that is maintaining the system may inspect and test its subscriber alarm system after notifying the city and obtaining its approval.
(Rev. Ords. 1987, § 8-235)
Sec. 8-336. Local or audible alarm systems.
It is unlawful for any person to use or cause to be used or to install a local or audible alarm system which upon activation emits a sound similar to that emitted by sirens in use on emergency vehicles.
(Rev. Ords. 1987, § 8-236)
(a) No premises protected by a subscriber alarm system or audible alarm system or remote alarm system shall be permitted more than three false alarms during any one calendar year, except that false alarms that occur during the first two weeks after original installation of the system shall not be included in the calculation. If any such premises has more than three false alarms, the city may in its discretion disconnect the offending alarm system from its communications center, choose not to respond to an activated alarm, or alternatively, bill:
(1) The franchisee;
(2) The owner or lessee of premises maintaining a subscriber alarm system, an audible alarm system, or a remote alarm system; or
(3) An alarm system contractor, for each additional false alarm.
(b) Any person violating the provisions of this section shall be penalized as follows:
(1) First three offenses within one year: No charge
(2) Fourth offense within one year: $100.00
(3) Fifth offense within one year: $250.00
(4) Sixth offense within one year: $500.00
(c) Upon the occurrence of a false alarm, if remedial action is taken to correct the cause of the false alarm, the next false alarm thereafter shall constitute a first offense.
(Rev. Ords. 1987, § 8-237; Ch. 339, § I, 3-15-05)
Sec. 8-338. Alarm telephone devices.
It is unlawful for any person to use or cause to be used an electrical or mechanical device or an attachment to a telephone that automatically reports a taped or other recorded message of a police or fire emergency direct to a city communications center. Each such call shall be deemed a separate violation punishable as a misdemeanor. All such alarm devices must be channeled through the franchisee.
(Rev. Ords. 1987, § 8-238)
The grantee of a franchise under this article is obligated to apply for and receive all permits, licenses and authorization necessary to the full operation of the business, whether from governmental agencies, private corporations or utilities. The franchisee shall be certified by the state as a licensed alarm dealer (contractor).
(Rev. Ords. 1987, § 8-239)
Sec. 8-340. Application for termination of alarm monitoring service.
Application for termination of a subscriber alarm system at a city communications center shall be made by the system installer and must be approved by either the chief of police or the fire chief. An application shall include, but not be limited to, the following information:
(1) Name, address, telephone number of the business or premises where the alarm system is to be installed;
(2) Name, address, telephone number which may be contacted on a 24-hour basis of the alarm company responsible for maintenance of the subscriber alarm system;
(3) Name, address, telephone number of three persons at the premises sought to be protected who may be contacted in case of an alarm;
(4) Type of structure (wood frame, steel and concrete, residential, commercial, industrial, etc.), and the type of use of such structure;
(5) Type of alarm to be installed;
(6) Presence of any ammunition, flammable liquids, or other hazardous materials stored at the premises wherein the alarm system is installed;
(7) Affirmation that applicant's personnel have been trained in the installation and operation of the alarm system to be terminated at a city communications center.
(Rev. Ords. 1987, § 8-240)
Sec. 8-341. Denial of application.
(a) The chief of police or fire chief may reject any application to install a subscriber alarm system at a city communications center. A rejection may occur where:
(1) The subscriber alarm system sought to be installed is inadequate;
(2) The applicant is not competent to install the desired system; or
(3) For any other reason that the city communications system would he adversely affected by the installation of the subscriber alarm system.
(b) The city manager may review any denial of an application to affirm, reverse, or modify the prior decision.
(Rev. Ords. 1987, § 8-241)
The franchisee shall charge a subscriber installation and maintenance fees. Such fees shall be established initially by the city council by resolution. Thereafter, upon written request of the franchisee, such fees may be changed upon approval of the council.
(Rev. Ords. 1987, § 8-242)
Sec. 8-343. City space retention.
The franchisee shall reserve ten percent of its alarm system receiving equipment for use by the city, without charge, as part of the consideration for the granting upon approval of the council.
(Rev. Ords. 1987, § 8-243)
Sec. 8-344. Emergency use upon termination.
Upon termination of any franchise granted pursuant to this article for any reason, and in any manner, the city shall be authorized to utilize the franchise equipment for a period not to exceed 180 days to ensure the continued service until a new franchise can be granted, or a substituted service provided.
(Rev. Ords. 1987, § 8-244)
Sec. 8-345. Revision provisions applicable.
All provisions of this Revision, and all rules, regulations and specifications heretofore or hereafter enacted or established shall apply to the holder of any franchise issued under this article, unless specifically exempted.
(Rev. Ords. 1987, § 8-245)
(a) Each year the franchisee shall file with the city a financial statement, prepared by a certified accountant, showing in detail the gross annual receipts during the preceding calendar year for franchisee's business in city and other areas serviced by the city. Such audit shall be filed with the city manager's office within 60 days of the end of such calendar year.
(b) The city shall have the right to inspect the franchisee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under any franchise issued pursuant hereto.
(Rev. Ords. 1987, § 8-246)
Sec. 8-347. City nonliability; insurance.
(a) The franchisee shall hold the city, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the franchisee's agents' or employees' operations under the franchise. Franchisee shall defend the city and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations.
(b) To ensure compliance with the above, franchisee shall take out and maintain during the life of the franchise such public liability and property damage insurance as shall insure the city, its elective and appointive boards, commissions, officers, agents and employees against claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the franchisee's operations under the franchise whether such operations be by the franchisee or by anyone directly or indirectly employed by the franchisee. Furthermore:
(1) The amounts and basis of the insurance shall be established in the franchise agreement;
(2) All insurance policies shall be issued by an insurance carrier satisfactory to the city, and shall name the city as a joint insured, and evidence of such coverage shall be delivered to the city. In lieu of actual delivery of such policies, a certificate issued by the insurance carrier showing such policies to be in force will be accepted.
(Rev. Ords. 1987, § 8-247)
Sec. 8-348. Right of eminent domain.
Nothing in this article shall be deemed or construed to impair or affect, in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just depreciated value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this article shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.
(Rev. Ords. 1987, § 8-248)
Sec. 8-349. Authority and powers reserved.
The council specifically reserves its power to amend any section of this article or to add to it so as to require additional standards of construction, operation, maintenance or otherwise. No governmental right or power of the city shall be deemed to be waived.
(Rev. Ords. 1987, § 8-249)
Sec. 8-350. Franchise is complete expression of terms and conditions.
Any franchise granted in this article shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled, or exercisable by the grantee pertaining to the construction, operation or maintenance of any alarm system in the city, and the acceptance of any franchise pursuant hereto shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between grantee and the city, any and all construction, operation and maintenance by any grantee of any alarm system in the city shall be, and shall be deemed and construed in all instances and respects to be, under or pursuant to the franchise, this article and the Charter and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(Rev. Ords. 1987, § 8-250)
FOOTNOTE(S):
--- (13) ---
Cross reference— Fire prevention, ch. 5; police, ch. 12. (Back)
State Law reference— Interference with fire alarm apparatus, G.L. 1956, § 11-4-10; fire alarm systems, G.L. 1956, § 23-28.25-1 et seq.; approval by town required, G.L. 1956, § 23-28.25-2; compliance with state law required, G.L. 1956, § 23-28.25-1. (Back)
Sec. 8-366. Definition.
Sec. 8-367. Required; compliance.
Sec. 8-368. Application.
Sec. 8-369. Investigation of applicant; investigation fee.
Sec. 8-370. Issuance.
Sec. 8-371. Fee.
Sec. 8-372. Bonds.
Sec. 8-373. Transfer.
Sec. 8-374. Revocation or suspension.
Secs. 8-375—8-390. Reserved.
For the purpose of this article, private detective means any person who engages in business or who accepts employment for hire, fee or reward to furnish or supply information as to the personal character or actions or identity of any person or as to the character or kind of business or occupation of any person, provided that the term shall not include within its meanings a detective or officer belonging to the law enforcement agencies of the United States or of any state, county or city, nor someone employed and performing services exclusively for a single employer.
(Rev. Ords. 1987, § 8-266)
Cross reference— Definitions generally, § 1-2.
Sec. 8-367. Required; compliance.
(a) Every person shall be and is required by this article to have a valid detective's license as a condition precedent to the operation as a private detective, provided that licenses heretofore issued and in effect shall continue in effect until the expiration of the period for which such license was granted. Upon expiration of any such presently existent valid detective license, application for renewal shall be made in accordance with the provisions of this article.
(b) It shall be unlawful for any person to operate or continue to operate any business as a private detective without first complying with the requirements of this article.
(Rev. Ords. 1987, § 8-267)
(a) All applications for a license under the provisions of this article shall be made in writing to the city council upon forms provided by the city clerk in his office.
(b) Every application for a license shall state the following:
(1) The full name, age, residence, present and previous occupations, including part-time occupations, and the name and address of present and previous employers;
(2) That each person signing the application as hereinafter required is a citizen of the United States or, if an alien, has permanent resident status in the United States;
(3) The location of the principal place of business of the applicant;
(4) A full set of fingerprints and a photograph taken within one year of the application date;
(5) That the applicant has been a bona fide resident of the state for a period of not less than 30 days immediately preceding the filing of the application;
(6) Such other information as to the identity of the applicant as may facilitate investigation of the applicant's character.
(c) The application shall be signed and sworn to by the individual applying before a person authorized to administer oaths.
(d) The application shall be accompanied by three letters of reference, two of which shall be from residents of the city attesting to the character and ability of the applicant, and at least one of which shall be from someone from a criminal justice agency.
(Rev. Ords. 1987, § 8-268)
Sec. 8-369. Investigation of applicant; investigation fee.
(a) After the applicant has properly executed the form provided in section 8-368 and paid the cost of investigation as provided in subsection (b) of this section, the city clerk shall submit the application together with all other information related thereto to the chief of police, who shall conduct an investigation of the character of the applicant and, upon completion of his investigation, shall endorse upon the application his recommendation of approval or disapproval thereof and his opinion of the ability of the applicant to perform the services usually required of a private detective. For this purpose the chief of police may require the applicant to appear in person for an interview.
(b) Every applicant for a license under this article shall, upon properly executing the application in conformity with section 8-368, submit to the city clerk a fee of $25.00 to cover the costs of investigation of the applicant.
(Rev. Ords. 1987, § 8-269)
If the application is approved by the chief of police, the city council, upon being satisfied that the applicant's licensing will not be detrimental to the public safety or welfare, may grant the application. The city clerk shall thereupon issue the license upon payment of fees required by this article and the filing of a bond as hereinafter required. No license shall be issued to any person convicted of a felony or two or more misdemeanors involving moral turpitude, unless the council determines that the applicant has been rehabilitated.
(Rev. Ords. 1987, § 8-270)
State Law reference— Identification card to be issued, G.L. 1956, § 5-5-1.
No license under this article shall be issued until the applicant pays to the city clerk a license fee of $150.00 per annum on December 1 of each year. The city council may authorize proration of the license fee in a proportionate amount when the initial application is granted during the course of the year, in no event shall the fee be less than $25.00.
(Rev. Ords. 1987, § 8-271)
State Law reference— Similar provisions, G.L. 1956, § 5-5-1.
(a) No license shall be issued under this article until the applicant files with the city a surety bond executed by such applicant, with two or more sureties, or by a surety company authorized to do business in this state, in the sum of $5,000.00 conditioned for the faithful and honest conduct of the business of private detective. Such bond as to its form, execution and sufficiency of the sureties shall be approved by the city council.
(b) The bond requirement of this article shall not be required of private detectives presently operating with a valid private detective license but shall be required as a condition precedent to renewal of any such detective license.
(c) The bond required shall be taken in the name of the people of the state and every person injured by the wilful, malicious or wrongful act of the principal may bring an action on the bond in his own name to recover damages suffered by reason of such wilful, malicious or wrongful act.
(d) Every licensee shall at all times maintain on file the surety bond required by this article in full force and effect, and upon failure to do so the license of such licensee shall be forthwith suspended until such a bond is furnished.
(Rev. Ords. 1987, § 8-272)
The transfer or assignment of any license issued under this article is hereby expressly prohibited.
(Rev. Ords. 1987, § 8-273)
Sec. 8-374. Revocation or suspension.
(a) The city council shall have the power to revoke or suspend any license issued under the provisions of this article for cause, which may include, but shall not be limited to, violation of any of the provisions of this article or any laws of the state or other ordinances of the city in the conduct of the business, in which case the city council by a majority vote may revoke the license for such business after first giving written notice to the licensee and after a hearing thereon. Such revocation or suspension shall be effectuated in accordance with G.L. 1956, § 5-5-10.
(b) It shall be a violation of this chapter for which the license may be revoked or other penalties imposed if:
(1) Any licensee performs any services usually performed by a private detective, upon speculation and with a view towards selling the information so gathered to a customer by whom the licensee was not employed when the service was performed;
(2) Any licensee misrepresents the scope of such license, or holds himself out as a public official or as having any power beyond that of a private detective.
(Rev. Ords. 1987, § 8-274)
FOOTNOTE(S):
--- (14) ---
Cross reference— Police, ch. 12. (Back)
State Law reference— Detectives, G.L. 1956, § 5-5-1 et seq. (Back)
Sec. 8-391. Removal of contents; license required.
Sec. 8-392. Term of license.
Sec. 8-393. Fee for license.
Sec. 8-394. Equipment for removal of contents.
Sec. 8-395. Ashes, swill, etc., not to be deposited in cesspool, etc.
Sec. 8-396. Privy, water closet, etc., not to become nuisance or offensive.
Sec. 8-397. Disinfecting.
Sec. 8-398. Keeping in repair.
Sec. 8-399. Dumping of contents at city treatment plant.
Sec. 8-400. Appeal from denial.
Secs. 8-401—8-415. Reserved.
Sec. 8-391. Removal of contents; license required.
No person shall engage in the business of removing the contents of privy vaults or cesspools without first obtaining a license from the city clerk, upon proof of approval from the state director of health, and after approval by the chief of police and the city manager.
(Rev. Ords. 1987, § 8-291)
Any license to remove the contents of privy vaults and cesspools shall be for one year, as provided in section 8-7.
(Rev. Ords. 1987, § 8-292)
The annual charge for each license granted by the city clerk for the removal of the contents of cesspools and privy vaults shall be as provided in section 8-28.
(Rev. Ords. 1987, § 8-293)
Sec. 8-394. Equipment for removal of contents.
(a) All tanks, tank wagons, tubs or barrels must be kept airtight and free from leakage, and all apparatus used in the business described in section 8-391 must be kept clean, must have the name of licensee upon it in plain letters and must be approved by the state department of environmental management.
(b) No wagon tank, tub or other apparatus shall be allowed to stand in the street, except when in use.
(Rev. Ords. 1987, § 8-294)
Sec. 8-395. Ashes, swill, etc., not to be deposited in cesspool, etc.
No person shall deposit or allow to be deposited in any privy vault or cesspool any ashes, swill, rubbish, refuse or any other such inappropriate substance.
(Rev. Ords. 1987, § 8-295)
Sec. 8-396. Privy, water closet, etc., not to become nuisance or offensive.
No person shall permit any privy, urinal, water closet or other fixture or any drain, waste pipe, soil pipe or catchbasin to become a nuisance or in any way offensive.
(Rev. Ords. 1987, § 8-296)
When required by the water pollution control superintendent, the owner of any cesspool or privy vault shall disinfect the cesspool or privy vault in such a manner as may be required.
(Rev. Ords. 1987, § 8-297)
Sec. 8-398. Keeping in repair.
The owner, lessee or agent of any land or building shall keep in such repair and sanitary condition as is satisfactory to the water pollution control superintendent every privy, privy vault, cesspool, drain, waste pipe and soil pipe situated on or in such land or building.
(Rev. Ords. 1987, § 8-298)
Sec. 8-399. Dumping of contents at city treatment plant.
(a) Cesspool and septic tank cleaning contractors shall have a current night soil license from the city issued by the city clerk through the city council.
(b) Only city-licensed cesspool or septic tank cleaning contractors shall be allowed to dump at the city sewage treatment plant. Cesspool and septic tank cleanings shall be only from this city. No industrial waste or wastes considered detrimental to the treatment process shall be permitted.
(c) Cesspool and septic tank cleanings shall be made between the hours of 8:00 a.m. and 4:00 p.m., Monday through Saturday. No dumping shall be made on Sundays and celebrated holidays.
(d) Unloading shall be made according to the arrangements and methods, designated by the water pollution control superintendent and the area shall be cleaned after each unloading.
(e) An unloading slip shall be turned into the city treatment plant office for each unloading. The slip provided by the city shall show the date, time, hauler's name, origin of load, capacity of truck, approximate gallons being unloaded, names and addresses where collected, and signature of driver. The slip must also state that the load does not contain any toxic or hazardous materials. The city reserves the right to sample septage and to refuse wastes that may be detrimental to the wastewater treatment facility.
(f) The capacity of the contractor's truck may be calculated by the water pollution control superintendent and any part of a load will be billed as a full load.
(g) The fee for septic tank and cesspool dumping shall be based at the rate of $35.00 per 1,000 gallons.
(h) Wastes from house trailers or chemical tanks shall not be permitted to be discharged at the city treatment plant.
(Rev. Ords. 1987, § 8-299; Ch. 274, § IX, 8-19-03; Ch. 443, § I, 12-18-07)
Sec. 8-400. Appeal from denial.
Any person aggrieved by the action of the chief of police, the city manager or the city clerk in the denial of a permit or license as provided in section 8-391 shall have the right of appeal to the city council. Such appeal shall be taken by filing a written statement with the city clerk, setting forth fully the grounds for the appeal, within 14 days after the notice of the action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed, postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-300)
FOOTNOTE(S):
--- (15) ---
Cross reference— Utilities, ch. 17. (Back)
State Law reference— Authorization for city to license and regulate, state requirements, G.L. 1956, § 23-19.2-2 et seq. (Back)
Sec. 8-416. License required.
Sec. 8-417. Posting of license.
Sec. 8-418. Suspension or revocation of license generally.
Sec. 8-419. Notice of hearing concerning suspension or revocation.
Secs. 8-420—8-435. Reserved.
No person shall engage in the operation of a tavern, victualing house or restaurant without first obtaining a license from the city clerk, after approval by the city council.
(Rev. Ords. 1987, § 8-316)
Sec. 8-417. Posting of license.
Each license issued pursuant to this article shall be posted in a conspicuous place on the premises.
(Rev. Ords. 1987, § 8-317)
Sec. 8-418. Suspension or revocation of license generally.
The building inspection division may at any time suspend any license for cause for such time as he may deem necessary or reasonable under the circumstances. However, no license shall be revoked until after a hearing before the city council and on the recommendation of the building inspection division.
(Rev. Ords. 1987, § 8-318)
Sec. 8-419. Notice of hearing concerning suspension or revocation.
(a) Any person, licensed pursuant to this article, whose license has been suspended shall be notified in writing of the reason for such action upon making written request thereof, he shall have the right to a prompt hearing by the building inspection division upon the charges preferred against him and may be represented at any such hearing by counsel.
(b) Notice of the proposed revocation of any license shall be given in writing to the licensee, setting forth the grounds therefor, the time and place of the hearing thereon, and informing the licensee of his right to be represented by counsel. Such hearing shall be held promptly and notice thereon shall be personally served or sent by registered mail to the licensee at his last and usual place of abode, or to the location where the restaurant is located. The hearing shall not be had until at least 72 hours from the mailing or delivery of such notice.
(c) Licensees shall receive copies of this article and all rules and regulations supplementary thereto at the time of receiving their licenses for the first time, and thereafter they shall receive copies on request.
(d) Upon promulgation of a new rule or regulation by the building inspection division, a copy thereof shall be mailed to each licensee at the address set forth in his application for a license, and the building inspection division shall publish the new rule or regulation in the same manner as is required for the publication of ordinances.
(Rev. Ords. 1987, § 8-319)
FOOTNOTE(S):
--- (16) ---
State Law reference— Taverns and victualing houses, G.L. 1956, § 5-24-1 et seq. (Back)
Sec. 8-436. License required.
Sec. 8-437. License fee; duration.
Sec. 8-438. Register.
Sec. 8-439. Right of entry for inspection.
Sec. 8-440. Bed linen and towels.
Sec. 8-441. Clean and sanitary maintenance.
Sec. 8-442. Extermination of rodents, etc.
Sec. 8-443. Flush toilets and lavatory basins.
Sec. 8-444. Hot water.
Sec. 8-445. Rubbish and garbage disposal.
Sec. 8-446. Shades, etc.
Sec. 8-447. Maintenance of plumbing and other equipment.
Sec. 8-448. Inspection of dwelling.
Sec. 8-449. Notice of violation.
Sec. 8-450. Approval required for continued occupancy after condemnation.
Sec. 8-451. When directed to make repairs.
Sec. 8-452. Demolition of dwelling at owner's expense.
Sec. 8-453. Liens and charges to recover expenses.
Sec. 8-454. Relocation of occupants.
Secs. 8-455—8-470. Reserved.
No person shall operate or cause to be operated a tourist home or roominghouse or conduct any business involving the letting of rooms for sleeping purposes to transients without first obtaining a license from the city clerk.
(Rev. Ords. 1987, § 8-336)
Sec. 8-437. License fee; duration.
The fee for the license required in section 8-436 shall be as provided therefor in section 8-30. Such license shall expire annually on December 1 as provided in section 8-7.
(Rev. Ords. 1987, § 8-337)
Every person operating or causing to be operated a tourist home, roominghouse or conducting any business involving the letting of rooms for sleeping purposes to transients shall keep a register on which he shall record the name and address of each person accommodated and the automobile registration of such person. Such registration book shall be available at all times to the police for inspection.
(Rev. Ords. 1987, § 8-338)
Sec. 8-439. Right of entry for inspection.
The building inspection division or any person designated by it for that purpose and the fire marshal are hereby authorized to enter and inspect all licensed roominghouses or dwellings applying for such license.
(Rev. Ords. 1987, § 8-339)
Sec. 8-440. Bed linen and towels.
The operator of a roominghouse or rooming unit shall supply clean bed linens and towels at least once a week and prior to the letting of any room unit, unless the occupant supplies such bed linen and towels himself.
(Rev. Ords. 1987, § 8-340)
Sec. 8-441. Clean and sanitary maintenance.
The operator shall be responsible for the clean and sanitary maintenance of all walls, floors and ceilings in every rooming unit and other parts of the roominghouse, including the kitchen and the common areas of the roominghouse.
(Rev. Ords. 1987, § 8-341)
Sec. 8-442. Extermination of rodents, etc.
The operator shall be responsible for the extermination of rodents, vermin or other pests within every portion of the roominghouse and any portion of the dwelling or structure that is leased or occupied by him, provided that whenever infestation also occurs in any other portion of the dwelling or structure or whenever infestation is caused by failure of the owner to carry out the provisions of this article, extermination shall be the responsibility of the owner.
(Rev. Ords. 1987, § 8-342)
Sec. 8-443. Flush toilets and lavatory basins.
Every roominghouse shall be supplied with at least one approved flush toilet and lavatory for every five persons or fraction thereof and one bathtub or shower, and these units must be kept in good working condition. Such sanitary facilities shall be located within the roominghouse so as to be directly accessible to all persons sharing such facilities without entering another unit or dwelling unit and shall be contained within a room or compartment which affords privacy to a person within such room or compartment. No such sanitary facilities shall be located in the cellar.
(Rev. Ords. 1987, § 8-343)
All kitchens sinks, lavatory basins and bathtubs or showers shall be supplied with hot water at all times.
(Rev. Ords. 1987, § 8-344)
Sec. 8-445. Rubbish and garbage disposal.
(a) The operator of a roominghouse or rooming unit shall be responsible for the supply, maintenance, cleanliness and removal of adequate separate rubbish and garbage storage containers approved as to type and location.
(b) The occupant of a roominghouse or rooming unit shall be responsible for placing rubbish and garbage in required containers in a clean and sanitary manner.
(Rev. Ords. 1987, § 8-345)
The operator shall supply every window of every habitable room, bathroom and toilet room or compartment with shades or other devices or materials which will afford privacy to occupant.
(Rev. Ords. 1987, § 8-346)
Sec. 8-447. Maintenance of plumbing and other equipment.
The operator shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and other equipment. The owner of the above plumbing fixtures and equipment shall be responsible for the maintenance thereof.
(Rev. Ords. 1987, § 8-347)
Sec. 8-448. Inspection of dwelling.
(a) The building inspection division and fire marshal are hereby authorized and directed to make inspections to protect the health, safety and welfare of the general public.
(b) The building inspection division and fire marshal are hereby authorized and directed to make yearly inspections of roominghouses or dwellings applying for license renewal within the three-month period prior to effective license renewal date of December 1 of each year.
(1) It shall be the responsibility of the property owner or his designated agent to arrange for inspections by the building inspector, minimum property inspector and the fire marshal.
(2) It shall be the responsibility of the property owner to pay any fees incurred as a result of these inspections.
(3) It shall be the responsibility of the property owner to present documentation of approved inspections from building inspector, minimum property inspector and fire marshal upon application for license or license renewal.
(Rev. Ords. 1987, § 8-348)
Sec. 8-449. Notice of violation.
Whenever the building inspection division determines that there are reasonable grounds to believe there is a violation, he shall give notice of such alleged violation to persons responsible. Such notice shall be in writing, shall specify the alleged violation and a reasonable time to correct it and shall be served upon the owner, operator or occupant by registered mail, return receipt.
(Rev. Ords. 1987, § 8-349)
Sec. 8-450. Approval required for continued occupancy after condemnation.
No dwelling, dwelling unit, roominghouse or rooming unit which has been condemned as unfit for continued occupancy shall again be used for habitation until written approval is secured from the building inspection division.
(Rev. Ords. 1987, § 8-350)
Sec. 8-451. When directed to make repairs.
Whenever a compliance order to repair, alter or secure a dwelling found by the building inspection division to be unfit for human habitation and continued occupancy has not been complied with, the building inspection division may, on order of the city council and at the expense of the person responsible for alleviating the violation, alleviate the violation if the cost of such action is reasonably related to the value of the dwelling. For the purposes of this section any repair, alteration or securing that is determined by the building inspection division to cost 50 percent or less of the assessed valuation of the dwelling shall be deemed to be reasonable. The power of the city council to repair or alter shall be limited to the alleviation of conditions which affect occupied dwellings or dwelling units.
(Rev. Ords. 1987, § 8-351)
Sec. 8-452. Demolition of dwelling at owner's expense.
Whenever a compliance order issued pursuant to the provisions of this article and providing for the demolition of a dwelling has not been complied with and the cost of repair has been determined by the city council to be more than 50 percent of the assessed valuation of the dwelling, the building inspection division may, on order of the city council, demolish the dwelling at the expense of the owner.
(Rev. Ords. 1987, § 8-352)
Sec. 8-453. Liens and charges to recover expenses.
Whenever the owner fails to comply with an order to repair, alter, improve or demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy and the building inspection division has taken direct action pursuant to the provisions of this article, the costs incurred by him in such action shall be a lien against the real property and shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the dwelling is demolished by the building inspection division, they may sell the materials of such dwelling and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto. In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible together with a ten percent service charge in addition thereto.
(Rev. Ords. 1987, § 8-353)
Sec. 8-454. Relocation of occupants.
Notwithstanding the other provisions of this article, no dwelling shall be vacated or demolished by the building inspection division under order of the city council until the persons occupying the dwelling at the time the compliance order is issued have been offered housing accommodations in a decent, safe and sanitary dwelling which meets the requirements of this article.
(Rev. Ords. 1987, § 8-354)
FOOTNOTE(S):
--- (17) ---
Cross reference— Housing standards for roominghouses, § 4-266 et seq. (Back)
State Law reference— Hotels, G.L. 1956, § 5-14-1; boarding homes, state licenses required, G.L. 1956, § 23-28.13-26.1; boarding homes, regulations, G.L. 1956, § 23-28.13-1 et seq.; roominghouses, G.L. 1956, § 23-28.14-1 et seq.; recreational facilities including tourist homes, G.L. 1956, § 23-21-1 et seq. (Back)
Sec. 8-471. Wires defined.
Sec. 8-472. Permit to place wires.
Sec. 8-473. Application for permit to place poles and wires.
Sec. 8-474. Revocation of permits to erect poles and wires; removal by city.
Sec. 8-475. City to be indemnified.
Sec. 8-476. Locations to be approved; change of location.
Sec. 8-477. Support and attachment of wires above ground.
Sec. 8-478. Placement of wires below ground.
Sec. 8-479. Use of poles by others.
Sec. 8-480. Contact with wires for electric light, heat and power.
Sec. 8-481. Sign prohibition
Secs. 8-482—8-495. Reserved.
For the purposes of this article, wires means all wires to be used for conducting currents of electricity for telegraphic and telephonic uses.
(Rev. Ords. 1987, § 8-371)
Cross reference— Definitions generally, § 1-2.
Sec. 8-472. Permit to place wires.
No wires shall be placed or maintained in, over or under any street, square, lane, alley or highway in the city without the permission of the city manager or until the person placing or maintaining such wires shall have filed with the city clerk a written agreement accepting and promising to abide by and perform all the conditions and provisions of this article and of all ordinances or orders in amendment of or in addition thereto that may be hereafter enacted.
(Rev. Ords. 1987, § 8-372)
Sec. 8-473. Application for permit to place poles and wires.
All applications for permission to erect or maintain poles or wires in, over or under any streets, squares, lanes, alleys or highways shall state the intended location of such wires and poles.
(Rev. Ords. 1987, § 8-373)
Sec. 8-474. Revocation of permits to erect poles and wires; removal by city.
Permission given by the city manager to erect or maintain poles and wires may be revoked in whole or in part at any time after 30 days' notice and after an opportunity to be heard shall have been given to all interested parties, and any of such wires may in case of public necessity be cut and removed at any time without notice by the city or its officers, agents or servants acting in the performance of their duty without any claim for damages therefor on the part of any person or corporation owning or using such wires.
(Rev. Ords. 1987, § 8-374)
Sec. 8-475. City to be indemnified.
Every person erecting, maintaining or using poles or wires shall indemnify and save harmless the city, its officers, or agents and servants from and against all lawful claims and demands for injuries to persons or property occasioned by the erection and existence of such poles or wires or the transmission of electric currents by means thereof. The city, city manager, city council or the agents or servants of the city, exercising the rights, powers and permission and subject to the restrictions respectively given and reserved in this article, shall not be held liable by such person or corporation on account thereof or by reason of any injury or damage caused thereby.
(Rev. Ords. 1987, § 8-375)
Sec. 8-476. Locations to be approved; change of location.
Poles shall be erected at such points as the city manager or the director of public works, or his agent acting under their instructions, may indicate and not elsewhere. The location of all poles shall be changed at the expense of the person or corporation using the wires thereon and by such person or corporation whenever and as the city manager may direct. All poles may in case of public necessity be removed at any time without notice by the city or its officers, agents or servants acting in the performance of their duty without any claim for damage therefor on the part of any person or corporation owning or using such poles.
(Rev. Ords. 1987, § 8-376)
Sec. 8-477. Support and attachment of wires above ground.
All wires, when placed above the surface of the ground, shall be suspended from such supports and attachments as may be approved by the city manager or the director of public works or his agent acting under their instructions. Such supports and attachments shall at all times be provided and maintained at the cost of the person or corporation using such wires.
(Rev. Ords. 1987, § 8-377)
Sec. 8-478. Placement of wires below ground.
All wires, when placed below the surface of the ground, shall be laid and maintained in such manner and place as the city manager or any person so authorized by the manager may approve at the cost of the person or corporation using such wires.
(Rev. Ords. 1987, § 8-378)
Sec. 8-479. Use of poles by others.
Any person or corporation erecting any poles to support wires shall permit such poles to be used for other wires and attachments than his own whenever the city manager shall so direct and upon such terms as the city manager may impose after reasonable notice has been given by the city manager to such person or corporation.
(Rev. Ords. 1987, § 8-379)
Sec. 8-480. Contact with wires for electric light, heat and power.
The wires shall not be placed in contact with any wires used to conduct currents of electricity for the transmission or production of light, heat or motive power.
(Rev. Ords. 1987, § 8-380)
No sign shall be placed upon any poles erected in accordance with this section except by the state and the city or unless otherwise approved by the city manager.
(Ch. 76, § 2, 6-15-99; Ch. 359, § II, 10-4-05)
FOOTNOTE(S):
--- (18) ---
Cross reference— Public places, ch. 13; streets and sidewalks, ch. 14; utilities, ch. 17. (Back)
Sec. 8-496. Trailer camps.
Sec. 8-497. Expiration.
Secs. 8-498—8-515. Reserved.
Annual permit and license fees for the operation of trailer camps shall be as follows:
(1) Up to ten units ..... $100.00
(2) Each additional ten units or fraction thereof ..... 100.00
(3) Single trailer for residential purposes ..... 10.00
(Rev. Ords. 1987, § 8-396)
State Law reference— Licensing of trailer camps, G.L. 1956, §§ 23-21-1—23-21-8.
Permits issued for trailer camps or automobile tourist parks pursuant to this article shall be valid for one year, unless sooner revoked after hearing and for cause shown.
(Rev. Ords. 1987, § 8-397)
FOOTNOTE(S):
--- (19) ---
Cross reference— Mobile homes, § 8-291 et seq.; parking trailer or house car on highway, § 18-297; zoning regulation of trailer courts, § 19-321 et seq. (Back)
State Law reference— Licensing of recreational facilities, G.L. 1956, § 23-21-1 et seq. (Back)
Sec. 8-516. Public safety requirements.
Sec. 8-517. Purpose of article.
Sec. 8-518. Unlawful solicitation.
Sec. 8-519. Use of police radio prohibited.
Sec. 8-520. Solicitation of business by city employees prohibited.
Sec. 8-521. Owner may select wrecker.
Sec. 8-522. When police may select wrecker.
Sec. 8-523. Procedure for licensing.
Sec. 8-524. Qualification for listing.
Sec. 8-525. Quarterly inspection.
Sec. 8-526. Towing equipment.
Sec. 8-527. Debris removal required.
Sec. 8-528. Regulations for wrecker and towing services.
Secs. 8-529—8-550. Reserved.
Sec. 8-516. Public safety requirements.
It is necessary for the public safety to prescribe basic regulations for the operation of wreckers or tow trucks in police emergency situations in the removal of and towing away of motor vehicles which are illegally parked, apparently abandoned, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure.
(Rev. Ords. 1987, § 8-416)
Sec. 8-517. Purpose of article.
It is the purpose of city council in enacting this article to provide a fair and impartial means of distributing requests for towing services among qualified firms and to ensure that such service is prompt and in the best interest of the public safety, as well as the interest of efficient policing operations for the removal from public streets of vehicles requiring towing, and to regulate the wrecker business in the city so as to discourage and prohibit wreckers or agents of wrecker services that have not been called for or notified by the police department or the owner of a wrecked or disabled vehicle from appearing at the scene of an accident.
(Rev. Ords. 1987, § 8-417)
Sec. 8-518. Unlawful solicitation.
It is unlawful for the owner or agent of any wrecker or towing service to go to any place where an accident has occurred for the purpose of soliciting business, unless called by the police dispatcher, the owner, or the operator of a disabled vehicle. Responding to a call upon notice from gas station attendants, taxicab drivers or other unauthorized persons shall be considered a violation of this article. No such owner or agent shall drive along or park on any street, bridge or highway within the city for the purpose of soliciting wrecker or towing service. The appearance of any wrecker at the scene of any wreck without having been notified to come to such scene by proper authority shall constitute prima facie evidence of violation of this article.
(Rev. Ords. 1987, § 8-418)
Sec. 8-519. Use of police radio prohibited.
It is unlawful for the owner, agent or driver of any wrecker or towing service to go to the location of a disabled or damaged vehicle by reason of information received by police radio or to interfere in any manner with police radio calls.
(Rev. Ords. 1987, § 8-419)
Sec. 8-520. Solicitation of business by city employees prohibited.
It is unlawful for any city employee to solicit business for, or suggest use of any wrecker or towing service, and any employee guilty of violating these provisions shall forfeit his right to continue as such employee and shall be subject to discharge.
(Rev. Ords. 1987, § 8-420)
Sec. 8-521. Owner may select wrecker.
The owner or operator of a disabled vehicle may request the police department to call any wrecker firm of his choosing to tow such vehicle.
(Rev. Ords. 1987, § 8-421)
Sec. 8-522. When police may select wrecker.
Whenever the owner or operator makes no selection of a specified wrecker service, the police department is authorized to call the wrecker service as indicated on the current wrecker service districts map as adopted by the city council.
(Rev. Ords. 1987, § 8-422)
Sec. 8-523. Procedure for licensing.
(a) Any person desiring to operate a wrecker or towing service in the city shall first be required to complete an application form containing the information provided for in this section. The application shall set forth the following information and any other pertinent information as may be required by the city council:
(1) The name, home address, and proposed business address of the applicant;
(2) The location of applicant's place of business, the hours during which the business will be open for service, the number of and a description of the wreckers or towing trucks which will be owned by the applicant setting forth the serial number of each vehicle and if now owned, the name of the lessor. For the purpose of this chapter, "place of business" is defined as the actual location from where a wrecker or firm operates its wreckers and towing equipment;
(3) Such other information as the city shall find reasonably necessary to effectuate the purpose and intent of this article.
(4) The applicant must hold a certificate of public convenience and necessity issued by the division of public utilities and carriers for the state.
(b) The city council shall be the sole licensing authority and any person so designated by a majority of the city council shall serve in accordance with the duly promulgated regulations of the city council for wrecker and towing services and shall be required to renew application on a yearly basis. All licenses issued by the city council under this article shall terminate on November 30 of the year in which the license was granted.
(c) Whenever an application is filed with the city clerk, the applicant shall pay at the time of filing of such application a license fee of $25.00.
(Rev. Ords. 1987, § 8-424; Ch. 79, § I, 8-10-99)
Sec. 8-524. Qualification for listing.
Only licensed wrecker firms meeting all the requirements of this article and the regulations promulgated by the city council, and operating such wrecker and towing service 24 hours per day, seven days per week, shall be included on the city police department call list. Any such wrecker service must be located within the corporate limits of the city, and shall have been regularly engaged in such business for at least six months.
(Rev. Ords. 1987, § 8-425)
Sec. 8-525. Quarterly inspection.
All tow equipment operated by wrecker firms shall be inspected and approved quarterly by the wrecker inspector of the city.
(Rev. Ords. 1987, § 8-426)
The minimum legal size for wreckers used by participating wrecker service companies on the city police department call list shall be one ton.
(Rev. Ords. 1987, § 8-427)
Sec. 8-527. Debris removal required.
Any wrecker furnishing service at the location from which any vehicle is to be removed shall, before leaving the scene, remove any and all parts of the vehicle being towed, whether broken away and severed from such vehicle, including all glass broken therefrom.
(Rev. Ords. 1987, § 8-428)
Sec. 8-528. Regulations for wrecker and towing services.
The city council shall promulgate regulations for wrecker and towing services in the city. These regulations shall be effective upon a majority vote approving such regulations after a public hearing thereon and shall be duly filed in the office of the city clerk.
(Rev. Ords. 1987, § 8-429)
FOOTNOTE(S):
--- (20) ---
Cross reference— Vehicles and traffic, ch. 18. (Back)
Sec. 8-551. Definitions.
Sec. 8-552. Classification.
Sec. 8-553. License required.
Sec. 8-554. Issuance of license.
Sec. 8-555. Fees.
Sec. 8-556. Inspection.
Sec. 8-557. Expiration of license.
Sec. 8-558. Suspension and revocation.
Sec. 8-559. Transfer of license.
Sec. 8-560. Location of sexually oriented businesses.
Sec. 8-561. Escort agencies.
Sec. 8-562. Nude model studios.
Sec. 8-563. Adult theaters and adult motion picture theaters.
Sec. 8-564. Adult motels.
Sec. 8-565. Exhibition of sexually explicit films or videos.
Sec. 8-566. Display of sexually explicit material to minors.
Sec. 8-567. Enforcement.
Sec. 8-568. Injunction.
Secs. 8-569—8-574. Reserved.
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:
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store mean a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motel means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities of specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Establishment means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Nudity or state of nudity means:
(1) The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breasts.
Residential district means all zoning districts designated as R-1, R-2, R-3, R-4, R-5, R-6 in section 19-96.
Residential and related uses means uses listed in section 19-98 as residential and related uses.
Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
Specified anatomical areas means human genitals in a state of sexual arousal.
Specified sexual activities means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on April 18, 1995.
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Rev. Ords. 1987, § 8-430)
Cross reference— Definitions generally, § 1-2.
Sexually oriented businesses are classified as follows:
(1) Adult arcades;
(2) Adult bookstores or adult video stores;
(3) Adult cabarets;
(4) Adult motels;
(5) Adult motion picture theaters;
(6) Adult theaters;
(7) Escort agencies;
(8) Nude model studios; and
(9) Sexual encounter centers.
(Rev. Ords. 1987, § 8-431)
(a) A person commits an offense if that person operates a sexually oriented business without a valid license, issued by the city for the particular type of business.
(b) An application for a license must be made on a form provided by the city clerk and must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with section 8-565 of this chapter shall submit a diagram meeting the requirements of section 8-565.
(c) The application shall require the following information:
(1) The name, residence address, home telephone number, date and place of birth, and social security number of the applicant;
(2) The business name, address and telephone number of the establishment;
(3) The names, residence addresses, residence telephone numbers, social security numbers and dates of births of any partners, corporate officers and directors;
(4) Addresses of the applicant for the five years immediately prior to the date of application;
(5) A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation;
(6) A description of the business, occupation, or employment of the applicant for the three years immediately preceding the date of application;
(7) Authorization for the city, its agents and employees to see information to confirm any statements set forth in the application;
(8) A failure to provide information required by this subsection will constitute an incomplete application and will not be processed.
(9) The information provided pursuant to subsections (c)(1) through (8) of this section shall be supplemented in writing by certified mail, return receipt requested, to the city clerk within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(d) The applicant must be qualified according to the provisions of this article.
(e) If a person who wishes to operate a sexually oriented business is an individual, that person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 8-554, and each applicant shall be considered a licensee if a license is granted.
(f) The fact that a person possesses a valid dance and entertainment license does not exempt that person from the requirement of obtaining a sexually oriented business license.
(g) The application shall be signed under oath by the applicant and notarized.
(Rev. Ords. 1987, § 8-432)
Sec. 8-554. Issuance of license.
(a) The city council shall approve the issuance of a license by the city clerk to an applicant after a public hearing before the city council unless the city council finds one or more of the following to be true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) The license fee required by this chapter has not been paid.
(6) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7) An applicant or the proposed establishment is in violation of or is not in compliance with sections 8-556, 8-559, 8-560, 8-561, 8-562, 8-563, 8-564, 8-565, or 8-566.
(8) An applicant or an applicant's spouse has been convicted of a crime:
a. Involving any violation of G.L. 1956, §§ 11-9-1 et seq., 11-10-1, 11-31-1 et seq., 11-34-1 et seq., 11-37-1 et seq. and 11-45-1(a)(7).
b. For which:
1. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than ten years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than ten years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8)a of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)b of this section has elapsed.
(d) The premises to be used for the sexually oriented business have not been approved by the state health department, city fire department and building official as being in compliance with applicable law and ordinances.
(e) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(Rev. Ords. 1987, § 8-433)
The annual fee for a sexually oriented business license is $2,000.00. The annual fee for an adult arcade machine is $700.00 per machine.
(Rev. Ords. 1987, § 8-434)
(a) An applicant or licensee shall permit representatives of the police department, health department, fire department, and public works department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(b) A person who operates a sexually oriented business or his agent or employee commits an offense if that person refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
(c) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Rev. Ords. 1987, § 8-435)
Sec. 8-557. Expiration of license.
Each license shall expire on November 30 of each year. Application for renewal should be made at least 30 days before the expiration date.
(Rev. Ords. 1987, § 8-436)
Sec. 8-558. Suspension and revocation.
(a) The city council shall suspend or revoke a license if it is determined that a licensee or an employee of a licensee has:
(1) Violated or is not in compliance with sections 8-556, 8-559, 8-560, 8-561, 8-562, 8-563, 8-564, 8-565, or 8-566;
(2) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3) Refused to allow an inspection of the sexually oriented business premises as authorized by this article;
(4) Knowingly permitted gambling by any person on the sexually oriented business premises;
(5) Demonstrated an inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers;
(6) Given false or misleading information in the material submitted to the city clerk during the application process;
(7) Knowingly allowed possession, use, or sale of controlled substances on the premises;
(8) Knowingly allowed prostitution on the premises;
(9) Knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(10) Has been convicted of an offense listed in subsection 8-554(a)(8)a for which the time period required in subsection 8-554(a)(8)b has not elapsed;
(11) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in subsection 8-554(a)(8)a for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(12) Has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises;
(13) Is delinquent in payment of city taxes or fees.
(b) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(c) Subsection (a)(12) of this section does not apply to an adult motel as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(Rev. Ords. 1987, § 8-437)
Sec. 8-559. Transfer of license.
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Rev. Ords. 1987, § 8-438)
Sec. 8-560. Location of sexually oriented businesses.
(a) No sexually oriented business may be located within 750 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential district or residential or related use as defined in this article;
(4) A public park;
(5) A hospital.
(b) A person commits an offense if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(c) Person commits an offense if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof contained another sexually oriented business.
(d) For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, or hospital or to the nearest boundary of an affected public park, residential district, historic district, or residential lot.
(e) For the purpose of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(Rev. Ords. 1987, § 8-439)
(a) An escort agency shall not employ any person under the age of 18 years.
(b) A person commits an offense if that person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(Rev. Ords. 1987, § 8-440)
Sec. 8-562. Nude model studios.
(a) A nude model studio shall not employ any person under the age of 18 years.
(b) A person under the age of 18 years commits an offense if that person appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) A person commits an offense if that person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Rev. Ords. 1987, § 8-441)
Sec. 8-563. Adult theaters and adult motion picture theaters.
(a) A person commits an offense if that person knowingly allows persons under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(b) A person under the age of 18 years commits an offense if that person knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(Rev. Ords. 1987, § 8-442)
(a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(b) A person commits an offense if as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, that person rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, that person rents or subrents the same sleeping room again.
(c) For purposes of subsection (b) of this section, the terms rent or subrent mean the act of permitting a room to be occupied for any form of consideration.
(Rev. Ords. 1987, § 8-443)
Sec. 8-565. Exhibition of sexually explicit films or videos.
(a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designed scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city clerk may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or his designee.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
(b) A person having a duty under subsections (a)(1) through (8) of this section commits an offense if that person knowingly fails to fulfill that duty.
(Rev. Ords. 1987, § 8-444)
Sec. 8-566. Display of sexually explicit material to minors.
(a) A person commits an offense if in a business establishment open to persons under the age of 17 years, a person displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arose sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) Human sexual intercourse, masturbation, or sodomy;
(2) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3) Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or
(4) Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) In this section display means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) It is available to the general public for handling and inspection; or
(2) The cover or outside packaging on the item is visible to members of the general public.
(Rev. Ords. 1987, § 8-445)
(a) Except as provided by subsection (b), any person violating section 8-560 of this article, upon conviction is punishable by a fine not to exceed $500.00.
(b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 8-560 of this article is punishable by a $500.00 fine and/or 30 days in jail.
(c) Except as provided by subsection (b) of this section, any person violating a provision of this article other than section 8-560, upon conviction, is punishable by a fine not to exceed $500.00.
(d) It is a defense to prosecution under subsection 8-553(a), subsection 8-560(b), or subsection 8-562(d) that a person appearing in a state of nudity did so in a modeling class operated by a proprietary school licensed by the state, or an accredited college, junior college or university; or in a structure:
(1) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
(e) It is a defense to prosecution under subsection 8-553(a) or subsection 8-560(b) that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.
(Rev. Ords. 1987, § 8-446)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 8-560 is subject to a suit for injunction as well as prosecution for criminal violations.
(Rev. Ords. 1987, § 8-447)
Sec. 8-575. Tents for which license required—Application and issuance.
Sec. 8-575. Tents for which license required—Application and issuance.
No tent exceeding 350 square feet in area shall be erected, maintained, operated, or used in the City of East Providence until a license from the city clerk of the City of East Providence is obtained. The license shall not be issued for a period exceeding 30 days and shall be revocable for cause.
Application shall be made on proper form and, when deemed necessary by the city, shall include plans drawn to scale, showing exits, aisles, and seating arrangements and details of the structural support of tent, seats, and platforms, etc. No license shall be issued until the provisions of this section have been complied with and approval has been obtained from the building department, the police department, the fire department, and, when tents are to be used for 50 or more persons, from each and every department having jurisdiction over places of assembly.
For the purposes of this section, the fire marshal shall have no jurisdiction over tents on the property of one- or two-family private dwellings. Nothing contained in this section shall prohibit the fire marshal from requiring a license for a tent smaller than 350 square feet) where other sections of the fire code deem it necessary, including, but not limited to, use, occupancy, opening, exposure, an increase in occupancy of a commercial establishment and any other similar factors.
The cost for this license shall be $10.00.
(Ch. 182, § I, 10-16-01; Ch. 211, § I, 6-4-02; Ch. 610A, § I, 9-2-14)
Sec. 8-576. Established.
Sec. 8-577. Fees.
The sealer of weights and measures shall be a qualified elector of the city and shall be appointed by majority vote of the city council for a term concurrent with that of the council and until a successor is appointed and qualified.
(Ch. 347, § I, 8-16-05)
The sealer of weights and measures shall charge the following fees:
Mechanical/electronic scale with NETP certification:
Capacity of less than 35 pounds\$12.00
Capacity of 35.01 pounds to 300 pounds\30.00
Capacity of 300.01 pounds to 5,000 pounds\24.00
Capacity of over 5,000.01 pounds per hour\36.00
Retail precious metal scale\30.00
Gasoline measuring devices (test and/or approve) per meter\18.00
Verification of price of computation at multigrades per multigrade\12.00
(Ch. 347, § I, 8-16-05)