ARTICLE I
In General

§ 18-1 Speed limits.

[Rev. Ords. 1989, § 18-1; restated 6-21-2023 by Ord. No. 2023-02]

Water Street and Dodge Street from Fountain Square to Bridge Gate shall be designated as a closely built up section with a speed limit of 20 miles per hour. On the highway known as Ocean Avenue the speed limit shall be 25 miles per hour as provided in the state law.

§ 18-2. Permit for fire trucks or facsimiles. [Rev. Ords. 1989, § 18-2]

In order to protect the safety and property of the inhabitants, no fire truck or facsimile shall be permitted on the public highways of the town, except those duly licensed to organize firefighting companies of the town, without special permission of the town council.

§ 18-3 Enforcement.

[Rev. Ords. 1989, § 18-3; amended 6-21-2023 by Ord. No. 2023-02]

(a)          It shall be the duty of the police officers and reserve police officers of the town, acting in accordance with instructions issued by the chief of police, to report:

(1)  When a vehicle is operated or parked in violation of any of the provisions of this chapter.

(2)     The state registration number of each vehicle, and the operator's name and license number if known.

(3)     The offense charged by such officer or reserve police officer as a violation of any provision relating to traffic.

(b)         Except as otherwise provided herein, each such police officer shall attach to such vehicle or deliver to the operator thereof, if present, notice to the owner or operator thereof that such vehicle has been operated or parked in violation of a provision of an ordinance relating to traffic and instructing such owner or operator to report at the office of the chief of police in respect to such violation and further notifying such person to appear on a day and hour stated in such notice to answer such charge before the warden's court of the town.

(c)          Such owner or operator may dispose of such charge without personal appearance in court within seven days from notification thereof by paying to the police department, in person or by mail, and if by mail, postmarked within seven days from notification, such fines as the town council may establish as fines for violation of traffic ordinances, which are on file in the town clerk's office. The police department, acting under the direction of the chief of police, is hereby designated for the purpose of collecting such fines.

(d)         Every such notice shall indicate the offense charged and shall also contain such information as will enable the person charged to take advantage of the provisions for payment of the fine at the police station by disposition of such charge as aforesaid within seven days from notification or by mail, postmarked within seven days from notification. If the offender refuses or neglects to dispose of such charges within seven days, he shall be brought before the warden's court for such disposition of such case as the court may decide to be proper. He shall be subject to the full penalties provided for violation of the provisions of such ordinances and will be liable for the costs of the court in the amount which is on file in the town clerk's office for each violation.

State law reference — Payment by mail G.L. 1956, § 45-6.1-1; Time and manner of payment G.L. 1956, § 45-6.1-4.

§ 18-4. Prohibition of commercial vehicles. [Ord. of 3-20-1991]

In order to protect the safety of the inhabitants and to preserve and lengthen the life of the public highways of the town, the following limitations are imposed upon the public highways of the town. No commercial motor vehicle exceeding a gross vehicle weight of 20 tons shall be allowed on the public highways of the town, except for normal local  deliveries  and service, or by special permit issued by the town council.

§ 18-5. through § 18-20. (Reserved)

ARTICLE II
Motor and Other Vehicles

§ 18-21. Declaration of purpose. [Rev. Ords. 1989, § 18-21; Ord. of 10-23-2002, § 18-21]

The town council, upon consideration of the public health, safety and welfare and, in particular, upon consideration of the health, safety and welfare of those persons who use and operate motor and other vehicles upon such roads and rights-of-way, hereby regulates the operation of motor and other vehicles upon such roads and rights-of-way.

§ 18-22. Operation in certain places prohibited. [Rev. Ords. 1989, § 18-22]

(a)          Generally. Any person who owns and/or operates motorized bicycles or motorized tricycles shall be prohibited from operating or causing any person to operate a motorized bicycle or motorized tricycle upon any unimproved and/or unpaved public or private roads, byways, paths, beaches, wharves or parking areas within the town.

(b)         Exception. The provisions of this section shall not apply to a person or guest who owns property or resides on property accessible only by an unpaved public or private road where such person must traverse such unpaved road to have access to such property or place of residence.

§ 18-23. Operation of motorcycles and motorbikes prohibited during certain periods. [Rev. Ords. 1989, § 18-23]

No person shall start, run the motor at a standstill or operate a motorcycle or motorbike upon or near any of the public or private roads, byways, paths, beaches, wharves or parking areas within the town during the hours from 12:00 midnight to 6:00 a.m. of the following day. The chief of police may issue a special permit to operate after midnight to any person who is dependent upon a motorcycle as the only means of transportation to travel to or from his or her residence and place of employment.

§ 18-24. Helmets and eye protection. [Rev. Ords. 1989, § 18-24; Ord. of 10-21-1992; Ord. of 6-28-2006]

All persons operating motorized bicycles or motorized tricycles and all passengers on motorized bicycles and motorized tricycles who are provided with helmets under § 8-90 shall be required to wear the helmet provided by the rental agency and must wear eye protection while operating or riding upon the motorized bicycles or motorized tricycles within the town. All helmets provided and worn shall be as approved by the state department of transportation. Anyone found in violation of this section shall be subject to a fine of not more than $50 and imprisonment for not more than one day.

State law reference — Authority to adopt, G.L. 1956, § 31-19-3.5.

§ 18-25. Pedal carriages and rickshaws prohibited. [Ord. of 10-23-2002, § 18-25]

The use and operation of pedal carriages, quadricycles, rickshaws and pedicabs are prohibited on the public roads in the town.

§ 18-26. through § 18-40. (Reserved)

ARTICLE III
Stopping, Standing and Parking

§ 18-41. Definitions. [Rev. Ords. 1989, § 18-41]

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:

CROSSWALKS — Shall mean the part of a street marked on the surface at street corners or elsewhere on streets for pedestrian use.

INTERSECTIONS — Shall mean the area at the junction of streets within the prolonged lateral lines or curbing or boundary lines of streets upon or across the streets intersected.

PARKING — Includes stopping and standing of vehicles, whether occupied by persons or not, on a roadway, otherwise than to take on or leave passengers or while actually loading or unloading goods or freight, except stops in emergencies or the alternate stop and proceed governing traffic by street flashlights or signs or the signal of police officers.

SAFETY ZONES — Shall mean that part of a street set apart and suitably designated by signs by order of the town council for use by pedestrians.

STREET, HIGHWAY, ROADWAY, OR ROAD — Shall mean every street, highway, roadway, causeway, park, bridge or public place wherever open to the public use of right for vehicular and other travel in this town.

VEHICLE — Shall mean every kind and nature of vehicle, however, or by whatever means, the same may be propelled, and horses and all other domestic animals, driven, ridden or led or attached to any vehicle when used upon the street.

State law references — Stopping, standing and parking, G.L. 1956, § 31-21-1 et seq.; violation of parking regulations, G.L. 1956, § 12-14-12; payment of fines, G.L. 1956, § 45-6.1-1 et seq.; violation of parking regulations, G.L. 1956, § 12-14-12; payment of fines, G.L. 1956, § 45-6.1-1 et seq.; removal of vehicles, G.L. 1956, § 31-22-13 et seq.

§ 18-42 Prohibited in certain areas.

[Rev. Ords. 1989, § 18-42; amended 6-21-2023 by Ord. No. 2023-02]

No person shall stop, stand or park a vehicle in any of the following places, except to avoid conflict with other traffic:

(1)        Within an intersection.

(2)        On a crosswalk.

(3)        Within 20 feet of an intersection or street corner.

(4)        Within 30 feet of a street flashing light or traffic control sign situated at the roadside.

(5)        Within eight feet of a fire hydrant.

(6)        So as to block a traveled lane or private driveway.

(7)        On a sidewalk or footpath.

(8)        On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(9)        At any place where traffic signs prohibit parking or standing.

(10)      On parts of streets where parking or standing is prohibited or during prohibited hours.

(11)      With left wheels immediately adjacent to the curb or roadside.

(12)      An unauthorized vehicle in a special use parking zone.

(13)          Leaving unattended a vehicle which is in a hazardous condition.

(14)      Within twenty feet (20′) of a crosswalk at an intersection.

State law reference — Similar provisions, G.L. 1956, §§ 31-21-4, 31-21-7.

§ 18-43. Authority to establish prohibited or limited parking zones. [Rev. Ords. 1989, § 18-43]

The town council may from time to time by regulation establish and define zones within which it may prohibit parking, restrict parking to certain hours, restrict the period of time for which a vehicle may be parked, or authorize only special use vehicles, such as taxicabs, hotel vehicles or vehicles for handicapped drivers, to be parked. The town council may from time to time, by regulation, establish the penalty to be imposed for violation, which are on file in the town clerk's office.

§ 18-44 Prohibited parking areas between May 15 and October 15.

[Rev. Ords. 1989, § 18-44; amended 6-21-2023 by Ord. No. 2023-02; 9-5-2023 by Ord. No. 2023-07]

The parking of vehicles is prohibited and/or restricted in the areas listed below between May 15 and October 15 each year.

Ball O'Brien Park. Parking shall only be permitted in the Ball O'Brien Park parking lot from 6:00 a.m. to 11:00 p.m.

Beach Avenue. Twenty-five (25) feet north and south of the intersection of Beach Avenue and Corn Neck Road.

Chapel Street. On both sides of Chapel Street, from Water Street to Old Town Road.

Corn Neck Road. On the east side of Corn Neck Road from Bridge Gate to Beach Avenue. On the west side of Corn Neck Road, from Bridge Gate Square to the northeasterly corner of Plat 5, Lot 9. On the west side of Corn Neck Road from three hundred (300) feet south and two hundred (200) feet north of Scotch Beach. On the east side of Corn Neck Road, from fifty (50) feet north and fifty (50) feet south of Scotch Beach.

Dodge Street. On both sides of Dodge Street, from Water Street to Bridge Gate Square. Parking shall be limited to fifteen (15) minutes on Dodge Street at the Island Free Library (Plat 6, Lot 118).

High Street. On the south side of High Street, from Fountain Square in a southwesterly direction for three hundred and thirty-eight (338) feet. Parking shall only be permitted from 7:30 a.m. to 3:00 p.m. on the east side of High Street from Payne Road, two hundred and twenty-five (225) feet north.

Ocean Avenue. On both sides of Ocean Avenue, from Bridge Gate Square (intersection of Ocean Avenue and Old Town Road) to Beach Avenue. On both sides of Ocean Avenue, from the southwest corner of Plat 5, Lot 101 to the crosswalk at the intersection of Ocean Avenue and West Side Road. On both sides of Ocean Avenue, from West Side Road to Beach Avenue, from 1:00 a.m. to 5:00 a.m. On both sides of Ocean Avenue, from the point where Ocean Avenue meets Payne's Dock (Plat 5, Lot 0), fifty-three (53) feet south; further, from fifty-four (54) feet south of said point to ninety-four (94) feet south of said point on the western side of Ocean Avenue, parking shall be reserved for taxicabs only.

Spring Street. Fountain Square to entry to sewer plant, both sides. On both sides of Spring Street, from Fountain Square to the driveway of the Spring House (where Spring Street meets the northern boundary of Plat 8, Lot 84-6).

Water Street. On the east side of Water Street, from Fountain Square to the intersection of Water Street and Dodge Street. On the west side of Water Street, in front of The National Hotel, a distance of forty (40) feet to be used only by taxis.

Weldon's Way. From High Street to the end of Empire Theater property both sides.

§ 18-45 Signs.

[Rev. Ords. 1989, § 18-45; amended 6-21-2023 by Ord. No. 2023-02]

(a)        The town council shall erect and maintain signs, which shall clearly set forth what restrictions, if any, are applicable to parking in a particular area.

(b)        No provision of this article for which signs are required shall be enforced against any alleged violator if at the time and place the sign required is not in proper position and legible and may be seen by an ordinary person.

§ 18-46. Temporary no parking areas. [Rev. Ords. 1989, § 18-46]

The chief of police, with the concurrence of the town council, may temporarily suspend parking in areas where parked cars would cause undue congestion. Signs shall be posted showing the areas of such suspensions.

§ 18-47. Parking causing dangerous conditions prohibited. [Rev. Ords. 1989, § 18-47]

Any vehicle parked in such a fashion as to create a danger to vehicular or pedestrian traffic shall be removed by tow-away method at the expense of the owner or person in charge of the vehicle at the order of any police officer of the town. The owner or person in charge shall pay a penalty in the sum which is on file in the town clerk's office, in addition to the tow- away charge and any storage fees.

§ 18-48. Posting of parking restrictions and fines. [Rev. Ords. 1989, § 18-48]

The  town  clerk  shall  post  at  the  town  hall  in  a  public  place  a  schedule  of  all  parking restrictions imposed by the town council, as well as the penalties or fines imposed.