Chapter 31 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 31-1. Riding or driving on sidewalks.
Secs. 31-2—31-20. Reserved.
ARTICLE II. CURBING
Sec. 31-21. Change of curbing—Application and estimate.
Sec. 31-22. Change of curbing—Performance of work and rendition of statement.
Sec. 31-23. Change of curbing—Payment of bills; refund.
Sec. 31-24. Depositing of construction on sidewalks.
Sec. 31-25. Street names.
Secs. 31-26—31-53. Reserved.
ARTICLE III. SIDEWALKS
Sec. 31-54. Laying granolithic or concrete sidewalks—Application.
Sec. 31-55. Laying granolithic or concrete sidewalks—Payment of expenses.
Sec. 31-56. Laying granolithic or concrete sidewalks—Supervision; content; penalty.
Sec. 31-57. Repair of defective sidewalks—Generally.
Sec. 31-58. Repair of defective sidewalks—Notice to abutting owners.
Sec. 31-59. Repair of defective sidewalks—Procedure upon neglect of owners to obey order.
Secs. 31-60—31-76. Reserved.
ARTICLE IV. SNOW AND ICE
Sec. 31-77. Removal of snow; penalty.
Sec. 31-78. Snow falling from buildings.
Sec. 31-79. Removal of ice; penalty.
Secs. 31-80—31-101. Reserved.
ARTICLE V. STREETS
Sec. 31-102. Openings in new streets prohibited.
Sec. 31-103. Using skateboards on streets prohibited.
Sec. 31-104. Numbering buildings—Renumbering; authority.
Sec. 31-105. Numbering buildings—Affixing numbers; penalty.
Sec. 31-106. Numbering buildings—Notice.
Sec. 31-107. Digging up street to connect gas, water, sewer pipes—Permission; re-filling; expenses.
Sec. 31-108. Digging up street to connect gas, water, sewer pipes—Penalty.
Sec. 31-109. Demolishing, erecting buildings; no material to be left on street, sidewalk; overnight lighting; penalty.
Sec. 31-110. Removing trees on sidewalks bordering streets; penalty.
Sec. 31-111. Abandonment of roadways-setting of fair market value of abandoned roadways.
Sec. 31-112. Disposal of private property debris upon public streets or sidewalks prohibited.
Sec. 31-113. Abandonment of highways/driftways; procedure.
Secs. 31-114—31-139. Reserved.
ARTICLE VI. SHADE AND ORNAMENTAL TREES ON MUNICIPAL PROPERTY
Sec. 31-140. Tree warden—Appointment.
Sec. 31-141. Tree warden—Committee membership, consulting duties.
Sec. 31-142. Licensed arborist.
Sec. 31-143. Insurance required.
Sec. 31-144. Protection of trees.
Sec. 31-145. Tree removal and replacement.
Sec. 31-146. Street trees.
Sec. 31-147. Tree planting.
Sec. 31-148. Tree pruning.
Sec. 31-149. Utility line clearance.
Sec. 31-150. Permit and fee required.
Sec. 31-151. Utility line clearance inspection.
Sec. 31-152. Utility line clearance standards.
Sec. 31-153. Violation and penalty.
Sec. 31-154. Tree warden records.
Sec. 31-155. Compensation.
Secs. 31-156—31-178. Reserved.
ARTICLE VII. SPEED CONTROL DEVICES
Sec. 31-179. Purpose.
Sec. 31-180. Construction standards.
Sec. 31-181. Warrant for locating a speed bump/hump.
Sec. 31-182. Procedures and petition.
Sec. 31-183. Funding and priority ranking.
Sec. 31-184. Removal of speed bumps.
Sec. 31-185. Administration.
Sec. 31-186. Locations for speed bumps/humps.
Sec. 31-1. Riding or driving on sidewalks.
No person shall ride, drive or lead any animal, or move, propel, or trundle any vehicle upon any sidewalk of any public street, except light carriages for the convenience of children, unless for the purpose of necessarily crossing the same, or allow any animal belonging to him or under his care to stand on such sidewalk.
(Code 1978, § 31-13)
Sec. 31-21. Change of curbing—Application and estimate.
Whenever it is necessary, for the convenience of any person owning land abutting upon a public highway, to make a change in any pavement, gutter or curbing of stone, cement or other concrete, for the purpose of providing a driveway or entrance to his premises, such person shall apply in writing to the director of public services, stating the work to be done, and the director of public services shall examine such street or highway and make an estimate of the labor and material necessary to make the proposed change, including supervision, and shall make a statement of the estimated cost thereof to the director of finance, who shall send a copy thereof to such person and require such person to deposit with the town treasurer a sum of money equal to the estimated cost before any work shall be done or material furnished.
(Code 1978, § 31-1)
Sec. 31-22. Change of curbing—Performance of work and rendition of statement.
Upon notice from the town treasurer that the deposit required by the preceding section has been made, the director of public services shall cause the work to be done and keep an accurate account of labor and materials with reasonable cost of supervision of the same for each application, and on completion of the work shall send a statement to the director of finance.
(Code 1978, § 31-2)
Sec. 31-23. Change of curbing—Payment of bills; refund.
The town treasurer shall pay, from the sum of money deposited, the several bills, costs and charges against the respective applicant for such work, and within ten days after final payment, return the balance of such deposit, if any, to the respective persons.
(Code 1978, § 31-3)
Sec. 31-24. Depositing of construction on sidewalks.
(a) The deposit of construction and/or waste materials on sidewalks and/or streets is hereby prohibited.
(b) Any violation of this article shall be punishable by a fine of $100.00 for each day said materials remain on the sidewalk and/or street.
(Ord. of 10-3-1989(5))
All names for streets on private developments must be approved by the public safety director and planning department.
(Ord. of 5-1-1990(2), § 1)
Sec. 31-54. Laying granolithic or concrete sidewalks—Application.
All persons desirous of laying granolithic or concrete sidewalks or curbing in the town must first apply to the town council for permission to lay the same. Application may be:
(1) For permission to have the work done, at the applicant's expense and by contractor of his own choice; or
(2) For request to have the town's highway department perform the work.
(Code 1978, § 31-4)
Sec. 31-55. Laying granolithic or concrete sidewalks—Payment of expenses.
(a) Applicants granted permission under section 31-54(1) shall pay for all the labor, material and other expenses involved in the project without any right of reimbursement either in whole or in part by the Town.
(b) Applicants granted the request under section 31-54(2) shall prior to commencement of work by the highway department, enter into a written contract with the town through the highway surveyor who shall be authorized to execute such contract in behalf of the town, wherein the applicant agrees, upon completion of the work, to pay the town a certain specific sum of money to be determined by the parties which sum of money shall constitute the applicant's proportionate share of the expenses. In the event that the parties are unable to agree on a sum certain, the applicant shall have the right to appeal to the town council for a hearing on and the determination of a certain sum to be incorporated into the contract.
(Code 1978, § 31-5)
Sec. 31-56. Laying granolithic or concrete sidewalks—Supervision; content; penalty.
(a) All granolithic sidewalks and/or curbing must be laid under the supervision of the highway surveyor and granolithic sidewalks must have a filling at least 3½ inches in thickness, composed of one part cement, three parts sand and five parts stone with an under drainage of at least 16 inches. The top dressing of all granolithic sidewalks must be at least one inch in thickness and composed of two parts sand and one part cement.
(b) Any person, firm, corporation or partnership laying granolithic or cement sidewalks or curbing without complying with the provisions of sections 31-54 through 31-56 shall be fined not more than $100.00 for each offense.
(Code 1978, § 31-6)
Sec. 31-57. Repair of defective sidewalks—Generally.
Any sidewalk, or part thereof, adjoining any building or lot of land on any street, highway, square or public place, whether such sidewalk, or part thereof, is supported by curbing or not, shall be repaired by the director of public services at the expense of the abutting owner of such building or not in the way and manner hereinafter provided.
(Code 1978, § 31-7)
Sec. 31-58. Repair of defective sidewalks—Notice to abutting owners.
Whenever any hole, depression or obstruction exists in any sidewalk referred to in the preceding section, the director of public services may make such orders as he may deem expedient, directing the owner of land abutting on such sidewalk at the owner's own expense to fill or cause to be filled any such hole or depression, or to remove any such obstruction thereon, within such time as the director of public services shall in such order direct. Such order shall be in writing and be served upon the abutting owner or owners.
(Code 1978, § 31-8)
Sec. 31-59. Repair of defective sidewalks—Procedure upon neglect of owners to obey order.
If any owner of abutting land shall refuse or neglect to obey any order referred to in the preceding section, within 24 hours after such order has been served upon him in writing, or within such other time as the director of public services shall deem to be reasonable, the director of public services shall proceed at the expense of the town to repair, with materials suitable and satisfactory to him, such sidewalk. The director of public services shall keep an exact account of the cost of labor, material and supervision of work done hereunder, in making such repairs for each owner, and shall report to the town council immediately upon completion of the work.
(Code 1978, § 31-9)
Sec. 31-77. Removal of snow; penalty.
(a) The owner, occupant or any person having the care of any building or lot of land bordering on any street, highway, square or public place where there is a sidewalk supported by curbing shall, within the first 24 hours after any snow has ceased to fall, cause the snow to be removed from the sidewalk adjoining such building or lot of land.
(b) In case of neglect so to do, the person chargeable with such duty shall pay a fine not exceeding $20.00; and for each and every hour after the expiration of such 24 hours that the snow shall remain on the sidewalk, such owner, occupant or other person shall pay a fine of not less than $1.00 nor more than $2.00.
(Code 1978, § 31-10)
Sec. 31-78. Snow falling from buildings.
The provisions of section 31-77 shall apply to the falling of snow from any building.
(Code 1978, § 31-11)
Sec. 31-79. Removal of ice; penalty.
(a) Whenever any sidewalk, or any part thereof, adjoining any building or lot of land on any street, highway, square or public place where such sidewalks are supported by curbing, shall be encumbered by 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.
(b) In case such owner, occupant or person shall neglect so to do for the space of three hours during the daytime, he shall pay a fine of not exceeding $20.00, and a like sum for every day thereafter that the same shall continue so encumbered.
(Code 1978, § 31-12)
Sec. 31-102. Openings in new streets prohibited.
(a) No individual, corporation or other entity shall make any opening in any public highway or street for the purpose of laying or relocating telephone and telegraph cables, electrical cables, gas lines and pipes, or the facilities of any other public utility or for any other purpose, without first acquiring a road opening permit from the town building inspector.
(b) At the time said permit is applied, the applicant shall post a bond, in an amount satisfactory to the building inspector to ensure full compliance with the requirements of this article.
(c) Should application be made by an individual, corporation or other entity within five years subsequent to the paving of said street, said individual, corporation or other entity shall, after completion of its work, restore the street to its original condition, including, but not limiting said restoration to repaving said street from curb to curb and five feet from the end of the cut in each direction. The aforementioned restoration shall be made with 30 days of the completion of work and the bond posted shall not be released by the building inspector until he has verified full compliance with the requirements of this article.
(d) The building inspector department of the town is hereby directed to enforce the requirements and terms of this section and give notice of the same.
(Code 1978, § 31-14; Ord. No. 01-017, §§ 1, 2, 10-2-2001)
Sec. 31-103. Using skateboards on streets prohibited.
No person shall ride or otherwise use any skateboard (so called) on any public street or highway of the town.
(Code 1978, § 31-15)
Sec. 31-104. Numbering buildings—Renumbering; authority.
The town council may order the buildings on any street in the town to be numbered or may order any street renumbered, and may cause plans to be made showing such numbering and may adopt numbers of a uniform size and style to be affixed to such buildings so that the same may be plainly seen from the street.
(Code 1978, § 31-16)
Sec. 31-105. Numbering buildings—Affixing numbers; penalty.
The town council shall then require the number designated for each building to be affixed thereon, and any owner or occupant who, for more than 15 days after notice from the town council, neglects or refuses to affix or causes to be affixed to such building, or retains thereon for more than 15 days after notice from the town council, a street number other than the one so designated, shall, upon conviction, be fined not exceeding $20.00.
(Code 1978, § 31-17)
Sec. 31-106. Numbering buildings—Notice.
Such notice shall be in writing signed by the town clerk and served by any sheriff, deputy sheriff, constable, police constable or town sergeant by reading the same in the presence and hearing of the owner or occupant, or by leaving a copy of the order personally with or at the last and usual place of abode of the owner or occupant, if within this state. But if the residence of the owner or occupant is unknown or without the state, the notice may be served by posting a certified copy of the same on the premises.
(Code 1978, § 31-18)
Sec. 31-107. Digging up street to connect gas, water, sewer pipes—Permission; re-filling; expenses.
Every person, firm or corporation desiring to dig up any part of any street or highway in the town to lay or connect with any gas pipe, water pipe, sewer pipe, or for any purpose whatsoever shall first obtain permission therefor from the town council; and every person, firm or corporation digging or making any excavation in any street or highway of said town, or who shall cause the same to be done shall fill up the same as soon as possible thereafter, and shall leave said highway or street in a condition satisfactory to and approved by the highway surveyor. And in case such highway or street is not left in a manner satisfactory to and approved by said highway surveyor, said highway surveyor shall cause the same to be properly done and the expense charged to and paid by the person, firm or corporation digging up said street or highway or making any excavation therein.
(Code 1978, § 31-19)
Sec. 31-108. Digging up street to connect gas, water, sewer pipes—Penalty.
Any person, firm or corporation who shall violate section 31-107 shall be fined $20.00 for each offense.
(Code 1978, § 31-20)
(a) In erecting or tearing down any building or structure or doing any other work, no person shall place, deposit or suffer to remain on any street, highway or sidewalk, except when necessary in the prosecution of the work, nor for a longer period than may be necessary, any lumber or other building material, or any dirt, rubbish, or remains of old buildings shall remain on such street, highway or sidewalk after dark, sufficient guard or light shall be placed and maintained over or near the same from sunset to sunrise to give notice to all persons passing along such street, highway or sidewalk.
(b) Any person violating the provisions of this section shall be fined not exceeding $20.00.
(Code 1978, § 31-21)
Sec. 31-110. Removing trees on sidewalks bordering streets; penalty.
Any person except the commissioners and/or surveyors of highways who shall cut down, dig up or remove any shade or ornamental tree on any street, highway or sidewalk in the town, without the consent of the town council, shall be fined not exceeding $20.00.
(Code 1978, § 31-22)
Sec. 31-111. Abandonment of roadways-setting of fair market value of abandoned roadways.
(a) That the town shall follow the procedure set forth in G.L. 1956, § 24-6-1 et seq., as amended, as it relates to the procedures and requirements for abandoning public roadways and the steps that need to be taken prior to and after a public hearing has taken place.
(b) That in carrying out the letter of the law referenced previously herein, a petition for abandonment must be filed initially with the office of the town clerk. Thereafter, the town clerk is authorized and empowered to follow the procedure set forth in G.L. 1956, § 24-6-1 et seq., as amended, relating to notice and all actions necessary to be taken for a proper public hearing to take place.
(c) In addition to those steps outlined in G.L. 1956, § 24-6-1 et seq., as amended, the town clerk shall also forward a copy of the petition filed to both the mayor's office and the office of the tax assessor with a request for the tax assessor to provide the town council with his evaluation of the fair market value to be paid by the petitioner prior to said abandonment is granted by the town council.
(d) No petition for abandonment will be considered completed and official until such time as the petitioner has fully paid the town the fair market value set forth by the town council (which shall be made part of the motion of the town council before granting the petition) and the petitioner has executed the appropriate releases requested by the town, through its town clerk.
(e) The intent of this article is to set forth in clear detail the internal procedures of the town relative to petitions to abandon public property and is not intended to circumvent or supersede G.L. 1956, § 24-6-1 et seq., as amended. Should any part of this article, at this time or in the future, contradict G.L. 1956, § 24-6-1 et seq., as amended, said state statute shall be controlling.
(Ord. No. 01-021, 11-6-2001)
Sec. 31-112. Disposal of private property debris upon public streets or sidewalks prohibited.
(a) No person, firm, landscaper, individual, corporation or other entity shall use leaf blowers or other power devices or any manual device to blow yard materials (including, but not limited to, leaves, lawn and shrub clippings or other similar yard waste or materials) from private property onto public streets or sidewalks nor allow such materials to be blown onto public property as a result of their activities.
(b) Any person, firm, landscaper, individual, corporation or other entity found to be in violation of this article shall be fined the sum of $100.00 for each violation and the owner of said private property shall be found in violation for the acts of any person, firm, landscaper, individual, corporation or other entity which said owner hires who violates this article.
(c) The police department of the town is hereby directed to enforce the requirements and terms of this section and give notice of the same.
(Ord. No. 02-019, §§ 1, 2, 8-6-2002)
Sec. 31-113. Abandonment of highways/driftways; procedure.
(a) The town, by and through its town council hereby establishes the following procedure for the abandonment of highways or driftways within the town:
(1) The individual seeking said abandonment shall file application documentation, as provided by the town clerk, with the town clerk (the "application package");
(2) Thereafter, upon receipt of the completed application package, the town clerk shall advertise the abandonment request in a newspaper of general circulation and place the matter upon the town council agenda for hearing as soon as practically possible after the last advertisement has been placed;
(3) The town council shall hold one public hearing on the application whereby individuals in favor and against said application may testify. After said one hearing, unless continued by the town council, all testimony shall be closed;
(4) The application shall be voted upon by the town council at the same monthly town council meeting that the hearing took place, unless another time is set by the town council, and the town council shall render its decision at that time and direct the town clerk to reduce such to writing in the form of an order, decree or judgment.
(5) Upon the town council issuing a favorable decision on the application, the town clerk shall notify all individual property owners, who immediately abut the property abandoned, that they need to execute an indemnification agreement in the form provided by the town clerk. Should any of said individuals fail to execute the indemnification agreement within 30 days of being notified, then said abandonment shall become final without his signature and the town clerk shall record the order, decree or judgment accordingly.
(b) All other provisions of G.L. 1956, § 24-6-1 et seq., not inconsistent herewith shall remain in full force and effect and apply to all abandonment applications.
(Ord. No. 16-012, § 1, 01-10-2017; Ord. No. 17-011, 3-10-2017)
Secs. 31-114—31-139. Reserved.
Sec. 31-140. Tree warden—Appointment.
On or before February 1 of each year, the mayor of the town shall appoint a tree warden. The tree warden shall be a licensed arborist, as required by the state department of environmental management, division of forest environment.
(Ord. of 1-10-1995, § 1)
Sec. 31-141. Tree warden—Committee membership, consulting duties.
The tree warden shall be involved in all matters that pertain to the maintenance and preservation of trees within the town. The tree warden shall serve as a member of the town tree planting committee and also serve as a consultant to the town department of public works, the parks department and the residents of the town.
(Ord. of 1-10-1995, § 2)
Sec. 31-142. Licensed arborist.
Any person that has passed the state arborist exam and holds a current license (either limited or standard) may practice the various phases of tree maintenance as a business based on the type of activity indicated on said license. At least one person on any crew that actually performs the tree maintenance work for the tree service company on municipal property shall be a licensed arborist.
(Ord. of 1-10-1995, § 3)
Sec. 31-143. Insurance required.
Any tree service company, prior to the start of any tree maintenance work on municipal property within the town, shall be required to submit a certificate of insurance to the town. Such certificate must show proof of liability, dollar amount, and workers compensation insurance.
(Ord. of 1-10-1995, § 4)
Sec. 31-144. Protection of trees.
No person shall intentionally damage, cut, carve, or remove any tree, attach any rope, wire, nails, advertising, posters, or any other act injurious to trees.
(Ord. of 1-10-1995, § 5)
Sec. 31-145. Tree removal and replacement.
Wherever it is necessary to remove a tree in connection with the widening of a street or construction of a sidewalk, or the roots of a tree that have caused the disruption of gas, water or sewer pipes, or any tree on municipal property that has been proven to be a hazard to public safety, the town shall plant a tree for each tree removed.
(Ord. of 1-10-1995, § 6)
The town tree committee shall maintain a list of desirable trees for planting along streets in three size classes based on mature height, small (under 25 feet), medium (25 to 40 feet) and large (over 40 feet). Lists of trees not suitable for planting along streets shall also be maintained by the tree committee. No street tree shall be planted within 35 feet of any street corner or within ten feet of any fire hydrant. No street trees other than those species listed in this section as small trees may be planted under or within ten feet of any overhead utility wire.
(Ord. of 1-10-1995, § 7)
When funds become available for planting trees along any town street, or on the grounds of any town building, it shall be the duty of the town tree committee and the tree warden to be involved as to the selection of the planting sites and the selection of the trees suitable for the planting site area.
(Ord. of 1-10-1995, § 8)
It shall be the responsibility of any person owning property to prune trees upon such property and bordering on any public street so that they will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct the vision of traffic signs, or obstruct the view of any street or intersection so as to pose a hazard to pedestrian and vehicular safety. The minimum clearance of overhanging tree branches shall be eight feet over sidewalks and 12 feet over all streets and thoroughfares.
(Ord. of 1-10-1995, § 9)
Sec. 31-149. Utility line clearance.
Pruning trees near electric, telephone and television lines. The tree warden shall be responsible for the issuance of permits and the inspection of all utility line clearance pruning on municipal property within the town.
(Ord. of 1-10-1995, § 10)
Sec. 31-150. Permit and fee required.
An agent for the tree service company shall be required to obtain a permit from the office of the tree warden prior to performing any utility line clearance pruning. The permit fee shall be $35.00, payable to the town upon issuance. The permit shall be valid for 12 months from the date of issue.
(Ord. of 1-10-1995, § 11)
Sec. 31-151. Utility line clearance inspection.
The foreman of any tree service company that enters the town to perform utility line clearance pruning shall notify the tree warden as to the location of the work site and tentative ending date. The tree warden shall, from time to time, do an on-site inspection of the pruning work that has been done by the pruning crew, and upon completion of the inspection, the foreman of the tree service company shall receive a copy of the tree warden's inspection report. An on-site inspection may consist of seeing one or more crews during any given day. The fee for an on-site inspection shall be $15.00. The town shall bill the utility company for the on-site inspections; the utility company shall pay the amount due to the town.
(Ord. of 1-10-1995, § 12)
Sec. 31-152. Utility line clearance standards.
Page one of the New England Electric System Guidelines and Specifications for Vegetation Management, "Line Clearance Operations," shall be the standard for utility line clearance activities within the town. The actual work performed shall conform to all current arboricultural practices/guidelines.
(Ord. of 1-10-1995, § 13)
Sec. 31-153. Violation and penalty.
Any person, firm, or corporation who violates any provisions of this article, shall be fined not more than $100.00 per offense.
(Ord. of 1-10-1995, § 14)
Sec. 31-154. Tree warden records.
The tree warden shall maintain an accurate record of permits issued, inspections, trees removed, tree plantings, meetings and any other tree related data. The tree warden's records may be reviewed at any time by the mayor, the town council, or any resident of the town.
(Ord. of 1-10-1995, § 15)
The town shall compensate the tree warden the sum of $300.00, as a fee payable within the first week of December of each year.
(Ord. of 1-10-1995, § 16)
Secs. 31-156—31-178. Reserved.
This article is adopted to establish criteria, construction standards, and procedure for the construction of traffic calming structures to reduce speed along a roadway in accordance with transportation engineering principles. This article outlines the procedure for citizen initiative requests. The town on its own initiative, and without a petition to the town clerk or town council, may install a speed calming device, if it deems necessary for public safety.
(Ord. No. 13-007, § 31-(23-1), 7-2-2013)
Sec. 31-180. Construction standards.
Construction shall conform to the standards established by the director of the department of public works and approved by the director of public works. The department of public works reserves the right to change, modify or adopt different standards provided the town council is informed of the changes prior to its implementation.
(Ord. No. 13-007, § 31-(23-2), 7-2-2013)
Sec. 31-181. Warrant for locating a speed bump/hump.
Prior to considering any installation of a speed bump/hump, the director of the department of public works must prepare a warrant to certify that the proposed roadway and or location meets the criteria set forth herein as follows:
(1) A street classified or which could be classified as collector or arterial is not eligible for speed bumps.
(2) The street shall provide access (via a driveway or on-street parking) to abutting residential properties. Residential properties include multiple dwellings such as apartment complexes.
(3) The street shall not have more than one traffic lane in each direction.
(4) The street shall have a posted speed limit of 25 mph or less.
(5) The 85th percentile speed on the street section must be at least ten mph over the posted speed limit as determined by the chief of police.
(6) The speed bumps/humps should not be located within 200 feet of intersections, in a horizontal curve, on vertical curves where visibility of the bump is restricted, or on approaches to these curves.
(7) The street should have curb and gutter. Consideration may be given to streets without curb and gutter. In such case, special care should be used to accommodate drainage and prevent vehicle run-arounds.
(8) The town fire department, town police department, and department of public works must approve the street for installation of speed bumps.
(9) Speed bumps will not be installed on a portion of any street with a grade in excess of eight percent.
(10) Speed bumps will not be installed on any street that is a primary access route for emergency vehicles and would cause, in the judgment of the town's emergency response providers, unacceptable delay in response time to emergencies.
(11) Storm drainage in the area will be considered for location and design of possible speed bumps.
(Ord. No. 13-007, § 31-(23-3), 7-2-2013)
Sec. 31-182. Procedures and petition.
(a) Speed bump petition and installation procedures.
(1) The town council's adopted policies and procedures for the installation of speed bumps will be made available to all interested parties. A representative of a local residential street, who believes the residents on his street will support the installation of speed bumps, may submit a petition in writing to the town clerk's office. The petition shall include signatures of 100 percent of the residences immediately adjacent to the proposed speed bumps/humps and 80 percent of the occupants of the residences on the street requesting the speed bump/hump. Only one vote will be counted per ownership and per dwelling unit. The sponsor of the petition shall contact every resident of the abutting properties on the subject street. If a resident is against the speed bump/hump, the word "opposed" will be noted on the petition signature space. If the sponsor is unable to contact a resident, "no contact" will be noted on the petition signature space with the days and times the contact was attempted. The sponsor must make at least two attempts on separate days to contact a resident.
(2) The town clerk (or his designee), upon receipt of a completed petition, shall forward the request to the town council. The town council, upon a vote of its majority may forward the request to the police, fire and public works departments for the purpose of making a determination as to whether the street in question is eligible for further consideration for the installation of speed bumps/humps based on the criteria in this speed bump/hump policy. The police and fire departments will forward their recommendations to the director of department of public works. The director of the department of public works shall prepare a warrant according to this policy.
(b) Determination of eligibility and appeal. If the director of department of public works warrants the installation of speed bump/hump (or other speeding calming device) and upon availability of funds, it shall be scheduled for installation. If it is determined that a street is not eligible for speed bumps/humps, the director of department of public works shall notify the town clerk, who shall notify the representative of the street in writing of the reason why the street is not eligible. The representative of the street will have 15 days to appeal the decision to the town council. Appeals must be delivered timely in writing to the town clerk and set forth the basis of the appeal. The town council will consider the appellants' appeal in light of the speed bump/hump policy, and either affirm, reverse or modify the department's decision. The decision of the town council shall be final.
(Ord. No. 13-007, §§ 31-(23-4A), 31-(23-4B), 7-2-2013)
Sec. 31-183. Funding and priority ranking.
Speed bump/hump requests will be funded in the order received and approved, unless the town determines that conditions on a particular street, as demonstrated by special or accident statistics require greater priority. There is no guarantee that public funding will be available. The work shall be done under department of public works supervision.
(Ord. No. 13-007, § 31-(23-5), 7-2-2013)
Sec. 31-184. Removal of speed bumps.
Speed bumps/humps installed by resident petition pursuant to this policy may be removed either by the town, upon a determination that the removal is required for public safety reasons, or by petition of 51 percent (or more) of occupants of residences within the same geographic area as petitioned for the bumps/humps, requesting. If removal is by petition, the residents shall pay the cost of removal, which sum shall be deposited with the town prior to removal.
(Ord. No. 13-007, § 31-(23-6), 7-2-2013)
This article shall be administered by the town clerk, who shall establish all required forms and keep records of the same.
(Ord. No. 13-007, § 31-(23-7), 7-2-2013)
Sec. 31-186. Locations for speed bumps/humps.
The speed bumps/humps shall be installed by the town of north providence on the following streets in the following locations:
(1) Ricci Middle School.
Columbus Avenue.
(2) Greystone School.
In the area of 38 Morgan Avenue.
(3) McGuire School.
Cottage Avenue.
Two (2) on Central Avenue.
(4) Stephen Olney School.
In the area of Barrett Avenue and Mineral Spring.
61/63 Barrett Avenue.
16 Salem Avenue.
(5) Whelan School.
In the area of Alexander Street and Grand Avenue.
36 Terry Street.
(Ord. No. 23-007, § 1, 3-7-2023)