TITLE 1 GENERAL PROVISIONS

 

1.01                 Code amendment

1.04                 General provisions

1.08                 Penalties

1.10                 Home rule charter amendment

 

 

Chapter 1.01 CODE AMENDMENT

 

            1.01.010         Authority.

          1.01.020         Form of amendment.

            1.01.030         Notice and hearing.

 

1.01.010  Authority.  The town council has the authority to enact ordinances pursuant to R.I. Gen. Laws § 45-6-1 and the home rule charter adopted on November 4, 2008.

 

1.01.020  Form of amendment.

A.  All ordinances that amend, repeal, or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code, or in the case of repealed titles, chapters, sections, or subsections, or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of the enactment of such subsequent ordinances.

 

B.  Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section of the Code in substantially the following language:

 

"The Town Council of the Town of Richmond hereby ordains that section         of the Code of Ordinances is amended to read as follows:         ."

 

C.  If a new section is to be added, the following language shall be used:

 

"The Town Council of the Town of Richmond hereby ordains that the Code of Ordinances is amended by adding a section (or title or chapter, as the case may be) to be numbered         , which reads as follows:         ."

 

D.  All sections, chapters, titles, or other provisions of this Code to be repealed shall be specifically repealed by section, chapter, or title or other number.

 

E.  Every proposed amendment to this Code shall reproduce in its entirety the text to be added or deleted. Text to be added shall be underlined, and text to be deleted shall be struck through.

 

1.01.030  Notice and hearing.

A.  Every ordinance, or amendment to an existing ordinance, other than an emergency ordinance, shall be first introduced at a meeting of the town council. No action shall be taken at that meeting and the ordinance or amendment shall be referred to a subsequent regular or special meeting for a public hearing.

 

B.  At the meeting at which the ordinance or amendment is introduced, the town council shall order the proposed ordinance or amendment posted on the town's website at least seven (7) days prior to the date of the public hearing. The website posting shall include the date, day, time, and location of the public hearing. The town clerk shall forthwith post one copy of the proposed ordinance or amendment in the town clerk's office. No action shall be taken on the proposed ordinance or amendment until the conclusion of the public hearing. This procedure shall not apply to emergency ordinances.

(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 1-19-16)

 

C.  If it is necessary for the town council to consider adoption or amendment of an ordinance in an emergency to address an unexpected occurrence that requires immediate action to protect the public health, safety or welfare, and it is not possible to post the proposed ordinance or amendment seven (7) days prior to town council consideration, the proposed ordinance or amendment shall be posted on the town's website and in the town clerk's office as soon as practicable.

(Ord. dated 1-19-16)

 

REFERENCES

Charter Art. 3 §§ 5, 6; R.I. Gen. Laws § 45-6-1.

 

 

 

Chapter 1.04 GENERAL PROVISIONS

 

            1.04.010         Definitions.

            1.04.020         Title of office.

            1.04.030         Interpretation of language.

            1.04.040        Grammatical interpretation.

1.04.050         Acts by agents.

1.04.060         Prohibited acts include causing and permitting.

            1.04.070        Computation of time.

            1.04.080         Construction.    

            1.04.090         Repeal shall not revise any ordinances.

            1.04.100         Caption, references not part of ordinance.

            1.04.110         Severability.  

 

1.04.010  Definitions.  The following words and phrases, whenever used in this Code of ordinances, shall have the following meaning, unless from the context a different meaning is intended or unless a different meaning is specifically stated elsewhere in the Code:

 

"Town" means the town of Richmond, Rhode Island, or the area within the territorial limits of the town of Richmond, Rhode Island, and such territory outside of the town over which the town has jurisdiction or control by virtue of any constitutional or statutory provision.

 

 "Council" and "town council" means the town council of the town of Richmond.  "All its members" means the total number of council members holding office.

 

"Day" means a calendar day unless the words "business day" are used.     

 

"General laws" means the general laws of the State of Rhode Island.

 

"Law" means applicable federal law, the Constitution and statutes of the State of Rhode Island, the ordinances of the town of Richmond, and any rules and regulations promulgated under the authority of any statute or ordinance.

 

"May" and "should" are permissive.

 

"Month" means a calendar month.

 

"Must" and "shall" are mandatory.

 

"Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath.

 

"Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or a part of such building or land.

 

"Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, or organization, or the manager, lessee, agent, servant, officer or employee of any of them.

 

"Personal property" includes money, goods, chattels, and evidences of debt.

 

"Property" includes real and personal property.

 

"Real property" includes lands, tenements and hereditaments.

 

"State" means the State of Rhode Island.

 

"Written" includes printed, typewritten, or otherwise reproduced in permanent visible form.

 

"Year" means a calendar year.

(Ord. dated 9-20-82, § 1; Ord. dated 12-6-05; Ord. dated 12-1-09)

 

1.04.020  Title of office.  Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the town.

(Ord. dated 9-20-82, § 2)

 

1.04.030  Interpretation of language.  All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

(Ord. dated 9-20-82, § 3)

 

1.04.040  Grammatical interpretation.  The following grammatical rules shall apply in the ordinances of the town unless it is apparent from the context that a different construction is intended:

 

A.  Gender.  Each gender includes the masculine, feminine and neuter genders.

 

B.  Singular and plural.  The singular number includes the plural and the plural includes the singular.

 

C.  Tenses.  Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

(Ord. dated 9-20-82, § 4; Ord. dated 12-1-09)

 

1.04.050  Acts by agents.  When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirements shall be construed to include all such acts performed by an authorized agent.

(Ord. dated 9-20-82, § 5)

 

1.04.060  Prohibited acts include causing and permitting.  Whenever in the ordinances of the town any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Ord. dated 9-20-82, § 6; Ord. dated 12-1-09)

 

1.04.070  Computation of time.  Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

(Ord. dated 9-20-82, § 7)

 

1.04.080  Construction.  The provisions of this Code shall be liberally construed in favor of the town.

(Ord. dated 9-20-82, § 8; Ord. dated 12-1-09)

 

1.04.090  Repeal shall not revive any ordinances.  The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance that has been repealed thereby.  (Ord. dated 9-20-82, § 9; Ord. dated 12-6-05)

 

1.04.100  Caption, references not part of ordinance.  Neither the caption of an ordinance title, section or subsection nor any reference appearing after an ordinance shall be considered part of the ordinance.

(Ord. dated 12-1-09)

 

1.104.110  Severability.  The titles, chapters, sections, paragraphs, sentences, clauses, and phrases of this Code are hereby declared to be severable, and if any portion of this Code shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining portions.

(Ord. dated 12-6-05; Ord. dated 12-1-09)

 

 

 

Chapter 1.08 PENALTIES

 

            1.08.010         Violation – Penalty.

            1.08.020         Other remedies.

 

1.08.010  Violation – Penalty.

A.  Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the town shall be guilty of a petty misdemeanor unless some other offense is expressly provided by any ordinance or statute.

 

B.  Except in cases where a different punishment is expressly provided by any state law, any person convicted of a petty misdemeanor for violation of an ordinance is punishable by a fine of not more than five hundred dollars ($500), or by imprisonment not to exceed thirty (30) days, or by both. In cases involving property damage or personal injury, the court may require any person convicted of a petty misdemeanor to make restitution in an amount up to twenty five hundred dollars ($2,500), and/or to perform community restitution for a not-for-profit entity for not more than fifty (50) hours for any one offense.

(Ord. dated 12-6-05; Ord. dated 12-1-09; Ord. dated 10-17-17)

 

C.  Each such person shall be guilty of a separate offense for each day during any portion of which any violation of any provision of the ordinance is committed, continued or permitted by any such person.

(Ord. dated 9-20-82, § 1; Ord. dated 12-1-09)

 

1.08.020  Other remedies.  Prosecution of an ordinance violation shall not preclude the town from pursuing any other remedy provided by law, including but not limited to revocation of a license or permit.

(Ord. dated 12-1-09)

 

REFERENCES

R.I. Gen. Laws §§ 11-1-2, 11-1-2.1, 12-3-1, 45-6-2, 45-6-6, 45-6-11.

 

 

 

Chapter 1.10 HOME RULE CHARTER AMENDMENT

 

1.10.010          Periodic appointment of charter review commission.

            1.10.020          Amendments initiated by town council.

            1.10.030          Approval or disapproval of amendments.

            1.10.040          Amendments for imposition of tax or expenditure of money.

            1.10.050          Effective date.

 

1.10.010  Periodic appointment of charter review commission.

A. No less frequently than every seven years after adoption of the home rule charter, the town council shall appoint a charter review commission to consider amendments to the charter. The town council shall solicit volunteers among the qualified voters of Richmond, and by majority vote shall appoint a commission of at least seven but no more than twelve members.

 

B.  Within the period of time set by the town council, the commission shall examine the charter and recommend to the town council any amendments its members believe are advisable for the efficient operation of the town government. The commission may consult any appointed or elected town official and may conduct one or more public meetings.

 

C.  The town council may accept the commission’s recommendations as submitted, may alter them, or may determine that no amendments are necessary. If the town council determines by a majority vote that amendments are necessary, the proposed amendments shall be submitted to the voters for approval.

(Ord. dated 12-1-09)

 

1.10.020  Amendments initiated by town council.  The town council may at any time propose amendments to the charter. Amendments shall be submitted to the qualified electors of the town for approval at any regular or special election, provided that amendments concerning a proposition to impose a tax or for the expenditure of money shall be submitted to a regular or special financial town meeting for approval.

(Ord. dated 12-1-09)

 

1.10.030  Approval or disapproval of  amendments.

A.  If a general election will take place within six months of the date on which the town council determines that a charter amendment or amendments should be submitted to the voters, the amendment or amendments shall be placed on the ballot at that general election. If no general election will take place within six months, or if a general election will take place within six months but the town council determines that there is an urgent need for the amendment or amendments, the town council shall set a date for a special election at which the amendment or amendments shall be placed on the ballot.

 

B.  The town council shall arrange for the entire text of the proposed amendments to be published and disseminated in a manner that makes the text available to the greatest number of voters. A summary of the proposed amendments, rather than the entire text, may appear on the ballot. If more than one amendment is proposed, the town council may direct that they be listed as separate ballot items.

(Ord. dated 12-1-09)

 

1.10.040  Amendments for imposition of tax or expenditure of money.

A.  Notwithstanding the provisions of section 1.10.020, an amendment that proposes the imposition of a tax or the expenditure of money shall be submitted to the voters at a regular or special financial town meeting. If a regular financial town meeting will take place within six months of the date on which the town council determines that charter amendments should be submitted to the voters, the amendments shall be submitted to the voters at that regular financial town meeting. If a regular financial town meeting will not take place within six months, or if the regular financial town meeting will take place within six months but the town council determines that there is an urgent need for the amendments, the town council shall set a date for a special financial town meeting at which the amendments shall be submitted to the voters.

 

B.  The town council shall arrange for the entire text of the proposed amendments to be published in the form of a resolution at least twenty days before the date of the meeting.  If more than one amendment is proposed, the town council may direct that the proposed amendments appear as separate resolutions.  

 

C.  The town clerk shall issue a warrant to the town sergeant requiring written notice to be posted of the time and place of the special financial town meeting, and of the business to be transacted, in three public places at least ten days before the day of the meeting. The town clerk also shall place a display advertisement in a newspaper of general circulation in the town stating the date, time, and place of the special financial town meeting, a summary of the proposed amendments, and when and where the complete text of the resolution or resolutions may be examined. 

 

D.  The moderator shall preside at the special financial town meeting. If the elected moderator is unable to serve, the town council shall appoint a substitute. The town clerk shall keep a record of the proceedings. Twenty-five electors shall constitute a quorum. Approval shall be decided by a  

majority vote of the qualified electors present and voting. Upon the vote of twenty percent of the qualified electors present and voting, the vote shall be taken by ballot.  No amendment to the resolution or resolutions shall be entertained, whether by petition or otherwise.

(Ord. dated 12-1-09)

 

1.10.050  Effective date.  An amendment or amendments approved by a majority of qualified voters shall take effect on the date stated in the amendment. If no date is stated, the amendment or amendments shall take effect upon passage.

(Ord. dated 12-1-09)

 

REFERENCES

R.I. Constitution Art 8; Charter Art. 8 § 3.

 

TITLE 1 GENERAL PROVISIONS
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