Chapter 15
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE I
In General
§ 15-1. Snow and ice removal.
§ 15-2. through § 15-15. (Reserved)
ARTICLE II
Streets
DIVISION 1
GENERALLY
§ 15-16. Use of roller skates, skateboards or similar devices on street.
§ 15-17. Play streets.
§ 15-18. through § 15-30. (Reserved)
DIVISION 2
NAMES
§ 15-31. Designated.
§ 15-32. through § 15-45. (Reserved)
DIVISION 3
CONSTRUCTION
§ 15-46. Compliance with division.
§ 15-47. Notification of construction.
§ 15-48. Road siting, dimensions and design standards.
§ 15-49. Responsibility for furnishing labor, materials, etc.
§ 15-50. Specifications.
§ 15-51. Amendments to standards.
§ 15-52. Physical alteration permit.
§ 15-53. through § 15-75. (Reserved)
ARTICLE III
Public Places
DIVISION 1
GENERALLY
§ 15-76. through § 15-90. (Reserved)
DIVISION 2
CEMETERIES
§ 15-91. Sexton.
§ 15-92. Plat of cemetery; sale of lots; costs.
§ 15-93. Depositing refuse.
§ 15-94. Perpetual care fund — Established.
§ 15-95. Same — Purposes.
§ 15-96. Same — Gifts and payments.
§ 15-97. Same — Fund accounting.
§ 15-98. through § 15-200. (Reserved)
DIVISION 3
Sidewalks
§ 15-201. Maintenance and repair.
CHARTER REFERENCE
Public works department, § 801.
CROSS REFERENCES
Zoning, app. E.
Planning board, § 2-116 et seq. Officers and employees, § 2-141 et seq. Capital improvements, § 2-241 et seq. Public property, § 2-216 et seq.
Failure to restrain animal as nuisance, § 3-5 Buildings and building regulations, ch. 4 Littering, § 6-16.
Deteriorated buildings, junk and dense growth declared nuisance, § 6-18
Transfer station and recycling center, § 6-41 et seq. Motorized cycle rentals, § 8-76 et seq.
Hawkers, peddlers and itinerant vendors, § 8-110 et seq. Human- or animal-drawn transportation, § 8-136 et seq. Motor vehicles for hire, § 8-161 et seq.
Bicycle rental, § 8-200 et seq.
Marine activities, areas and structures, ch. 9 Beaches, § 9-16 et seq.
Harbors, § 9-41 et seq.
Public access and rights-of-way, § 9-106 et seq. Solicitors obstructing passage of pedestrians, § 10-8 Noise, ch. 12
Subdivisions, ch. 16
Traffic and motor vehicles, ch. 18
Stopping, standing, and parking regulations, § 18-41 et seq.
Utilities, ch. 19
Sewers and drains, § 19-386 et seq. Utilities, ch. 19.
STATE LAW REFERENCES
Streets, G.L. 1956, § 24-3-1 et seq. Sidewalks, G.L. 1956, § 24-7-1 et seq.
(a) Removal of snow. The owner, or occupant or any persons having the care of any building or lot of land bordering on any street, highway, square or public place within the town where there is a sidewalk supported by a curbstone shall, within the first four hours of daylight after the ceasing to fall of any snow, cause such snow to be removed. For every hour after the expiration of the specified four hours that the snow shall remain on such sidewalk, such owner, occupant or other person shall pay a fine of not less than $25 nor more than $100. This section shall also apply to the falling of snow from any building. Each such owner shall be liable to the town for all losses to the town or recovery from the town for damages to person or property of others caused by such failure to remove the snow.
(b) Removal of ice. Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street, highway, square or public place shall be encumbered with ice, it shall be the duty of the owner, occupant or any person having the care of such building or lot to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the same with sand or some other suitable substance within the first four hours of daylight after its formation. For every hour after the expiration of the specified four hours that ice shall remain on the sidewalk, such owner, occupant or other person shall pay a fine of not less than $25 nor more than $100. Each such owner shall be liable to the town for all losses to the town or recovery from the town for damages to person or property of others caused by such failure to remove the ice.
State law references — Improvement and grading by towns, G.L. 1956, § 24-3-1 et seq.; federal aid to towns, G.L. 1956, § 24-4-1 et seq.; maintenance of town highways § 24-5-1 et seq.; abandonment by towns, G.L. 1956, § 24-6-1 et seq.; mapped streets, G.L. 1956, § 45-23.1-1 et seq.; changing streets under redevelopment plan, G.L. 1956, § 45-32-15.
No person upon roller skates, skateboards or riding in or by means of any coaster, toy vehicle or similar device shall go upon any public road, street or highway of the town except while crossing a street at a crosswalk, and when crossing shall be granted all rights and subject to all duties applicable to pedestrians.
The chief of police may, from time to time, set aside and designate any road, street or highway or section thereof as a play street, and when designated the provisions of § 15-16 shall not apply.
§ 15-31. Designated. [Rev. Ords. 1989, § 15-31; Ord. of 12-5-1994]
The following names are designated as the official and correct names of roads and highways in the town:
ANDY'S WAY — Leading from Corn Neck Road to the shore of Great Salt Pond beginning at Tinker's Corner.
BEACH AVENUE — From Center Road easterly to Corn Neck Road.
BEACON HILL ROAD — The road starting at Center Road and leading over Beacon Hill as far as the intersection of West Side Road.
BRIDGE GATE SQUARE — The intersection of Corn Neck Road, Old Town Road, Dodge Street and Ocean Avenue where the monument to WWI veterans now stands.
CENTER ROAD — The road starting at the Island Cemetery southerly to Isaac's Corner.
CHAMPLIN ROAD — Running northerly from West Side Road to the U.S. Coast Guard Station, also known as Coast Guard Road.
CHAPEL STREET — From Water Street westerly to Old Town Road.
CONNECTICUT AVENUE — Leading from Ocean Avenue south and west terminating at the east end of the airport.
COONEYMUS ROAD — The road leading west from Center Road at Isaac's Corner directly through to Cooneymus Cove.
CORN NECK ROAD — The road commonly called Neck Road, from Bridge Gate Square to Cow Cove.
DEEP HOLE BRIDGE — Leading westerly from Corn Neck Road to the shore of Great Salt Pond north of the Deep Hole, south and diagonally across from Scotch Beach Road.
DODGE STREET — From National Corner to Bridge Gate Square. DORRY'S COVE ROAD — Leading from West Side Road to Dorry's Cove.
ESTA'S PARK — On the east side of Water Street north of the intersection with Chapel Street.
FOUNTAIN SQUARE — The intersection of streets around the fountain in front of the theater.
GRACE'S COVE ROAD — Leading from West Side Road to Grace's Cove. HIGH STREET — The road starting at Fountain Square to School House Corner. LAKESIDE DRIVE — The road extending from Isaac's Corner to Mohegan Trail.
LEGION PARK — On the north end of Center Road near the cemetery, formally designated as Manisses Park.
LEGION WAY — Situated on the southeast side of Legion Park leading from West Side Road to Center Road.
MANSION ROAD — The road running from Corn Neck Road to Mansion Beach.
MIDDLETOWN SQUARE — Intersection of Center, Old Town and Beacon Hill Roads near the old town hall site.
MOHEGAN TRAIL — The road leading west from Southeast Lighthouse to the southerly end of Lakeside Drive where it connects with Snake Hole Road.
NICHOLAS BALL PARK — On Water Street southeast of Fountain Square. OCEAN AVENUE — From Bridge Gate Square westerly to New Harbor.
OLD MILL ROAD — Leading from Cooneymus Road to West Side Road.
OLD TOWN ROAD — That road commonly called Old Center Road starting at Bridge Gate Square and going through to Center Road.
PAYNE ROAD — The road leading westerly and southerly from School House Corner to Mohegan Trail.
PILOT HILL ROAD — Starting at School House Corner going over Pilot Hill to where it intersects Mohegan Trail.
SCOTCH BEACH ROAD — Easterly from Corn Neck Road to Scotch Beach at the end of the lane.
SNAKE HOLE ROAD — The road running from the intersection of Mohegan Trail and Lakeside Drive southerly to the shore.
SOUTH EAST ROAD — Leading southeast from Spring Street at Anderson's Corner.
SPRING STREET — The street starting at Fountain Square running southerly to Southeast Lighthouse.
WATER STREET — The street from the Old Harbor Inner Basin to the National Corner.
WELDON'S WAY — Southeasterly from High Street to Chapel Street paralleling Water Street.
WEST BEACH ROAD — Leading from Corn Neck Road westerly to the beach.
WEST SIDE ROAD — Leading west from a point on Ocean Avenue near New Harbor as far as the intersection of Cooneymus Road at Warden's Pond.
All streets and utilities in the town, hereafter constructed, both public and private, as a part of any subdivision hereafter approved by the planning board, and town streets and utilities, shall be built in such a manner as to conform to the minimum construction specifications and requirements in this division, unless waived or modified by the planning board as provided in the subdivision regulations in chapter 16, and in appendix D to this Revision.
The planning board in the case of subdivision road construction, or other applicable town board or department, shall be notified at the beginning of each step in the construction process.
Road siting provisions, dimensions and design standards shall be as provided for in the subdivision regulations, chapter 16, and the subdivision regulations on file in the town clerk's office.
The contractor or subcontractor shall furnish all labor, materials, tools, equipment and supervision necessary to complete the work indicated on the engineering design drawings.
The town hereby adopts the Town of New Shoreham Rhode Island Utility Standards, March 1996, as may be amended, by reference, as fully as if set out at length in this Revision, and the provisions thereof shall be controlling as to all subjects therein contained within the corporate limits. Copies of such standard specifications are on file and available in the town clerk's office.
Immediately upon receipt of the proposal to amend the standards, the town clerk shall transmit a copy of such proposal to the town council, the planning board and the board of sewer commissioners for study, recommendation and adoption. The planning board and the board of sewer commissioners shall report to the town council within 45 days after receipt of the proposal, giving their findings and recommendations.
No access to any street in the town (as defined in the zoning ordinance of the town) for utilities, drainage, driveways or other streets shall be installed without first having obtained a physical alteration permit from the town highway department. The permit is to be granted by the highway department upon a determination that no adverse impact to the street or public health and safety will result from the alteration, and upon such terms and conditions as may be determined necessary. A permit may be granted upon the filing of an application in a form adopted therefor and the payment of a fee, as may be determined by the town council.
State law references — Authority of town to own and operate cemeteries, G.L. 1956, § 45-5-11; town regulation of cemeteries, G.L. 1956, §§ 45-5-11, 23-18-10.
(a) The town council shall appoint a sexton to serve at the pleasure of the town council, at such rate of compensation as the town council shall establish. The sexton shall keep records of the sale of the various burial sites to various individuals and records of the burial location of the remains of those buried in the Island Cemetery, as well as records of the lots which are to receive perpetual care under the terms of this division.
(b) The sexton shall report annually to the town council regarding the total number of burial lots sold, the types and locations of the lots sold and the total number of individuals who were buried during the preceding year. The sexton shall also make recommendations to the town council regarding the further platting of the cemetery, the charges which should be made for the sale of the various burial sites and the general operation of the Island Cemetery. The recommendations shall be made as the sexton shall see fit or as the town council shall require.
(a) The town council shall lay out and plat additional burial sites in the Island Cemetery as the need therefor shall arise. They shall authorize the sale of the burial sites in such size, design, and location and under such conditions as the town council may establish by regulation. The town council shall establish and set by regulation the cost for the sale of the burial sites and the cost of perpetual care for the various burial sites, which is on file in the town clerk's office.
(b) The town council may also designate by regulation particular areas of the Island Cemetery for the exclusive use of the veterans of the United States armed forces and for use as cremation sites or for any other particular group or use that the town council may deem appropriate.
(a) All persons are hereby prohibited from depositing or leaving any dead flowers or other unsightly refuse on any part of any town cemetery grounds. All refuse shall be placed in receptacles that are provided by the town for that purpose.
(b) Every person violating this provision shall be fined not less than $5 for each and every offense and in addition thereto shall pay the cost of the removal of the refuse.
The town council shall receive funds for the perpetual care of grave lots in the Island Cemetery. This fund shall be known as the Island Cemetery fund for perpetual care of grave lots.
(a) Perpetual care includes cutting of grass, filling in sunken graves, care of anything growing in a lot and trimming of shrubs and hedges, but does not include replacements.
(b) Income accumulating from the fund or such amount of the income as is needed to keep the grave lots in a presentable and satisfactory condition for all time shall be spent under the direction of the town council. In no case shall the amount spent for care exceed the income of interest accrued on that particular gift or donation.
(a) The fund is to be established and supported by gift donation. Upon acceptance of the petition and the required amount by the town council, setting forth the fact that perpetual care of certain graves or grave lots has been provided for, the town clerk shall issue a certificate thereof to the donors.
(b) The town council shall from time to time by regulation establish and set the minimum amount to be paid for perpetual care for the various types of burial sites in the Island Cemetery.
State law reference — Authority to receive funds for care of lots, G.L. 1956, § 45-5-11.
The finance director shall receive and sign receipts for perpetual care funds deposited with the town and keep a separate account of all the money received for that purpose with the name of donors and amount received from each. Income of such fund shall be spent for the care of their individual lot.
State law reference — Sidewalks, G.L. 1956, § 4-7-1 et seq.
(a) All owners or agents of owners with property abutting and fronting upon any plaza, street, or alley within the corporate limits of the town are required to keep the public sidewalks, including the authorized installations thereon and therein, and the curb, and curb and gutter, immediately abutting their property in good order and repair. Each such owner shall be liable to the town for all losses to the town or recoveries from the town for damages to person or property of others caused by his failure or that of his agents to repair and keep in good order and reasonable safe condition all of such sidewalks abutting and fronting his property upon any plaza, street, or alley within the corporate limits of the town.
(b) Upon failure of any owner to maintain the sidewalk, curb or curb and gutter as provided for in subsection (a) of this section, the sidewalk inspector shall serve a notice upon such owner describing the property affected and the improvement for such repairs required and stating the intent of the town to cause such improvements or repairs to be made within 30 days after service of notice in the event that such owner shall fail to do so.
(c) If, after service of any notice as provided for in subsection (b) of this section, the owners of any land affected thereby shall neglect to make the improvements to be made, the sidewalk inspector shall notify the town council and after receiving its approval shall cause improvements to be made and shall report the expenses for those improvements to the council. The council shall thereupon by resolution assess the costs and expense thereof upon the owner or owners of all the property bounding or abutting thereon, and such assessment shall be collected in the same manner as other assessments with a penalty of 10% and interest for failure to pay at the time fixed by the assessment resolution.
(d) All contracts for repairs shall be secured and all bids concerning same shall be secured in compliance with the town ordinance.
(e) The sidewalk inspector shall be the surveyor of roads and highways for the town.