Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS
Sec. 50-1. Reserved.
Sec. 50-2. Obstructing streets, sidewalks, hallways, etc.
Sec. 50-3. Enforcement.
Sec. 50-4. Tumultuous or disorderly conduct.
Sec. 50-5. Smoking prohibited in public buildings.
Sec. 50-6. Reserved.
Sec. 50-7. Reserved.
Sec. 50-8. Disturbing, etc. historical and archaeological burial sites.
Sec. 50-9. Tobacco products, vending to underage persons.
Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS
Editor's note(s)—Ord. of Oct. 22, 2018 , repealed § 50-1, which pertained to beaches and derived from code 1967, § 19-01.
Sec. 50-2. Obstructing streets, sidewalks, hallways, etc.
(a) No person shall stand, be or remain in or upon any sidewalk, street or wharf in this town so as to obstruct free and uninterrupted passing thereon.
(b) No person shall idly stand, sit or lounge in any street, lane or alley, or at the entrance to or in the hallway, passageway or vestibule of any church, hall, theatre or place of entertainment, or upon any fence, stoop or platform attached to any dwelling house, store or other building, except with the express permission and consent of the owner or occupant of the premises of which such fence, stoop or platform is a part, and in no case after such dwelling house, store or other building shall have been closed for the night. Nor shall any person idly stand, sit or lounge on any business premises upon which the owner has posted signs prohibiting the same.
(c) Any person standing, remaining, sitting or lounging as described in subsections (a) and (b) of this section shall immediately move on and away when requested to do so by any member of the council or any officer or member of the police force.
(Code 1967, § 19-6)
Cross reference(s)—Streets, sidewalks and other public places, ch. 70; placing goods, firewood, coal and other articles on streets or sidewalks, § 70-1.
The provisions of sections 50-1 and 50-2 shall be enforceable under the provisions of section 1-7 of the Town Code.
(Ord. of 7-25-11, § 10)
Editor's note(s)—An ordinance of July 25, 2011, § 10, in effect repealed the former § 50-3, and enacted a new § 50-3 as set out herein. The former § 50-3 pertained to sleeping in public areas and derived from the Code of 1967, § 19-8.
Sec. 50-4. Tumultuous or disorderly conduct.
(a) No person, acting alone or in concert with others, may engage in conduct which violates any of the following subsections:
(1) Any person who shall act in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health.
(2) Any person who shall act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged.
(3) Any person who shall in a public place use fighting words or language or words which by their very utterance inflict injury or tend to incite outrage and immediate turmoil.
(4) Any person who shall use violent and forceful behavior at any time in or near a public place, such that there is a clear and present danger that free movement of other persons will be incapacitated in the lawful exercise of business or amusement.
(5) Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another.
(6) Any person who shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl.
(7) Any person who shall disturb the peace of others by violent, indecent, offensive or boisterous conduct or language which such conduct or language was calculated to cause anguish or injury to another.
(8) Any person who shall be found roughly crowding or pushing any person in any public place.
(9) Any person who shall throw any stone or any other missile upon or at any person, vehicle, building or other public or private property.
(10) Any person who shall throw any stone, or other missile from any vehicle, either moving, stopped or parked, upon or at any person, building or other public or private property.
(11) Any person who shall by acts of violence interfere with another's pursuit of a lawful occupation.
(12) Any person who shall urinate or defecate on any public street, alley, sidewalk or floor of any public building or a building where the public gathers or has access.
(13) Any person who shall wantonly make a false alarm with reference to the request of firefighting apparatus or cry fire in any public place for the sole purpose of causing turmoil.
(14) Any person who shall prowl or wander upon the private property of another or peek in the door or window of any inhabited dwelling or home located upon private property without lawful business with the owner or occupant thereof.
(15) Any person who shall congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other person having authority.
(16) Any person who shall display or drink any alcoholic beverage on any of the public highways, streets, sidewalks, beaches, parks, recreational areas, schools, public buildings or public places of the town unless a liquor license has been granted to the premises by the council.
(17) Any person who commits any offense enumerated in G.L. § 11-11-(1-7).
(b) This section shall be enforceable pursuant to the provisions of section 1-7 of the Town Code.
(Code 1967, § 19-9; Ord. of 7-25-11, § 10)
Sec. 50-5. Smoking prohibited in public buildings.
(a) It shall be unlawful for any person to smoke in any form or otherwise use tobacco products, including electronic cigarettes, or other forms of electronic nicotine delivery systems, or the use of combustible or vaporized cannabis at all municipal owned or leased buildings, parks, beaches, athletic or recreational facilities, and in all motor vehicles of any type or kind owned, rented, leased or used by the town or any of its departments, boards or commissions.
(b) Smoking and the use of electronic nicotine delivery systems is also prohibited within 25 feet of any town-owned or leased building, except for smoking areas designated and marked by the town. No combustible or vaporized cannabis shall be allowed in any designated smoking area.
(c) This section will be enforced pursuant to section 1-7 of the Town Code.
(Code 1967, § 19-10; Ord. of 11-10-03; Ord. of 7-25-11, § 10; Ord. of 4-24-23(2) )
Cross reference(s)—Environment, ch. 38.
Editor's note(s)—An ordinance of July 25, 2011, § 10, repealed § 50-6, which pertained to revelling and derived from the Code of 1967, § 19-7.
Editor's note(s)—An ordinance of July 25, 2011, § 10, repealed § 50-7, which pertained to bond for blasting required and derived from the Code of 1967, § 19-2.
Sec. 50-8. Disturbing, etc. historical and archaeological burial sites.
(a) Authority. In order to comply with Rhode Island General Laws Title 23, Chapter 18, the town hereby adopts the following regulations governing the preservation of historic and archaeological burial sites in the town.
(b) Purpose. The town council of the town finds that historic and archaeological gravesites possess archaeological and scientific value, often are of great artistic, cultural and religious significance, and represent for all cultures a respect for the sanctity of human life. The town council recognizes that through past archaeological finds Tiverton is known to have historic burial grounds and that future disturbance may impact burial sites. It is, therefore, the policy of the town that marked or unmarked historic cemeteries are to be preserved and are not to be altered or removed except as provided for in this section.
(c) Definitions.
Applicant. The owner of the land on which an archaeological burial site or family cemetery is located for which a permit must be sought for alteration or removal.
Archaeological burial site. An area of land which has been used for the interment of human remains in prehistoric distant past. Archaeological burial sites may include American Indian or other ethnic groupings.
Family cemetery. A historic cemetery which is not associated with a specific religious organization but which is the site of burial for persons related by blood, marriage or household.
Grave. Any site where human remains have been purposefully interred. The term shall also include grave markers, funerary objects and associated cultural remains and artifacts. A grave shall include mausoleums, crypts or other structures designed to house human remains.
Historical cemetery. Historical cemetery means any tract of land which has been for more than 100 years used as a burial place, whether or not marked with a historic marker or gravestone, including but not limited to ancient burial places known or suspected to contain the remains to one or more American Indians.
Human remains. Human remains means any parts or remains of deceased persons including skeletal remains or cremated ashes.
Least disruptive means. A means of construction, excavation, removal or any other activity which, in the opinion of the State of Rhode Island Historical Preservation and Heritage Commission, has the least overall destructive impact on the grave, human remains or cemetery.
Owner. The owner of a parcel of land.
Religious cemetery. Any cemetery owned or maintained by a religious organization.
Religious organization. The organization representing the adherents of any religious society.
Site alteration plan. A document showing in written text and by drawing the proposed alteration of a historic cemetery, archaeological burial site or family cemetery, including detailed specifications for alteration, removal and reinterment of human remains.
Town. The Town of Tiverton, Rhode Island, its agents or officers.
(d) Regulations regarding historical or archaeological cemeteries or burial sites. It shall be unlawful for any person to disturb, disrupt, excavate, deposit, fill in or on, remove or destroy grave markers, burial objects or buried human remains, or conduct any other activities which would damage or diminish the integrity of any historic cemetery or archaeological burial site or family cemetery without first obtaining therefore a permit to alter or remove from the town council of the town.
The town council may issue a permit to allow the alteration or removal of historic cemeteries, archaeological cemeteries or family cemeteries only after concluding, based on evidence submitted to the council at a public hearing, that all alternatives to the proposed activity have been examined and that no prudent and feasible alternative to the proposed activity exists or that said alteration only servers the interests, health, welfare, and safety of the public and is not for commercial expediency.
In order for the town council to clearly assess the proposed project, the following information shall be submitted unless otherwise required by the town council.
(1) Detailed site plans drawn to scale by a licensed professional registered land surveyor or professional engineer as applicable, at a minimum scale of 1″=50′, showing the boundaries of the property in question, topographical contour intervals of no more than one foot, a surveyed boundary of the cemetery and a setback area of no less than 25 feet, and a proposed plan of all improvements proposed in the site which would necessitate disturbance of the cemetery.
(2) If known a written description of the cemetery, its age and condition, historical importance, whether the cemetery is religious, family, organization, publicly owned or other kind of cemetery, a listing of names and vital dates of those interred as may be determined from grave markers on site, and a cemetery plan indicating position of graves and to the extent possible the identities of those interred.
(3) A detailed site alteration plan indicating the extent of disruption of the cemetery, methods of construction or removal of human remains, reburial plan, including in text and drawing the relocation of graves.
(4) In event of a family cemetery, a genealogical study to identify whether descendants of the families of the interred still reside in the State of Rhode Island.
(5) In the event of a religious cemetery, a listing of the religious organization that owns or maintains the cemetery.
(6) Any further information and study the town council deems necessary to complete its consideration of the request to alter a cemetery in compliance with G.L. 1956, § 23-18.
(7) Previously unknown or archaeological cemeteries and burial sites. Once a discovery of a previously unknown burial site is made or suspected, the owner or contractor shall immediately notify the building official, who in turn shall contact the state medical examiner and state historical preservation and heritage commission pursuant to G.L. 1956, § 23-18.
The town, at its discretion, shall require the cessation or reduction of construction activities pending preliminary verification by the state medical examiner or historic preservation commission. If the site is verified as a human burial site, work within 25 feet of the site shall be halted unless or until a permit to alter or remove is issued by the town pursuant to these regulations.
The owner shall be required at his/her expense to conduct an archaeological investigation of the area to establish the boundaries of the cemetery/burial sites via the least disruptive means feasible. The least disruptive means shall be determined in consultation with Rhode Island Historical Preservation and Heritage Commission (RIHP&HC). A survey report shall be produced incorporating the findings of the investigation in text and graphic form.
The applicant shall then submit the report and a detailed engineering plan as in Section 4(A) above of the proposed construction project and all other activities on the property in question which in the opinion of the applicant necessitates disruption of the cemetery/burial site.
The applicant shall also submit a detailed site alteration plan proposal of the extent and method of removal of human remains and a reburial plan in text and drawing of the new gravesite.
(e) Hearing.
(1) Public notice. Upon receipt of the required documents the town council shall set the date of hearing and cause the matter to be publicly advertised at the applicant's expense in a local newspaper for a period of not less than two (2) weeks prior to the hearing. The RIHP&HC shall simultaneously be notified and an advisory opinion shall be requested of pertinent town staff
(2) Notice to interested parties.
a. In the event of archaeological burials and historic Native American graves, the town shall cause the Tribal Council and the Narragansett Indian and Anthropological Committee (Tribal Historic Preservation Office) of the Narragansett Tribe to be notified by regular mail of the subject, date and time.
b. In the event an application involves the cemetery of an extant religious society, said society shall be so notified by regular mail.
c. In the event the application involves a family cemetery the interred of which having living lineal descendants, the applicant at his/her expense, shall make all reasonable efforts to notify lineal descendants, which efforts shall include sending notice to descendants via first class mail, and publication of the notice in a newspaper of statewide circulation at least once per week for two (2) successive weeks prior to the hearing.
(3) Burden of proof. At the hearing the application shall prove to the satisfaction of the town council that the applicant has examined all alternatives and has demonstrated that no prudent and feasible alternative to the proposed alteration is possible.
(f) Final action. The town council shall conduct a public hearing on the proposed project, and shall render a decision approving, denying, or approving with reasonable conditions, the proposed site alteration plan, and may set other requirements of the applicant deemed sufficient to carry out the purposes of G.L. 1956, § 23-18-1 et seq.
(g) Legal status. Nothing in this section shall be construed to prohibit the routine maintenance and repair of historical gravesites or the use of historic cemeteries as places of interment, nor shall it be construed to preclude the boards or commissions or agents of the town from otherwise acting within their authority to regulate and protect historical and archaeological cemeteries.
(Ord. of 9-22-97, §§ 1—7, 9-22-97)
Sec. 50-9. Tobacco products, vending to underage persons.
(a) Purchase, sale or delivery of tobacco products to persons under 18.
(1) In accordance with G.L. § 11-9-13.1, no person under 21 years of age shall purchase nor shall any person, firm or corporation sell, give, allow to be sold, given or delivered to any person under 21 years of age, any tobacco in the form of cigarettes, cigars, pipe tobacco, chewing tobacco, or snuff, except that persons under 21 years of age may purchase tobacco products for the purpose of law enforcement or government research involving monitoring compliance with this section, providing that the persons under 21 years of age are supervised by an adult law enforcement official.
(2) Any person, firm or corporation that holds a state issued retail tobacco products dealer's license shall prominently display for public view at each cash register and vending machine within the outlet where tobacco products are sold, a sign referring to the age restriction for the sale of tobacco products to individuals.
(3) No person under 21 years of age shall misrepresent his or her age through the presentation of false identification for the purpose of purchasing or receiving tobacco products.
(b) Regulating the operation of cigarette and tobacco vending machines.
(1) Any device or vending machine dispensing cigarettes or any other tobacco product shall be registered by the town. The registration shall be issued upon application therefore to the town clerk. Failure to register shall constitute a violation of this section.
(2) No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine that is in an area not continuously supervised and in direct line of sight of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located, nor shall any tobacco product, nor electronic nicotine-delivery system product be sold from any device or vending machine that is in an area supervised by such an authorized person unless the device or vending machine is equipped with an electronic locking device that will not allow the device or vending machine to dispense a pack of cigarettes, or any other tobacco product, or electronic nicotine-delivery system product unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located. "Direct line of sight" means that the vending machine and the purchaser of cigarettes or electronic nicotine-delivery system product must be visible to the authorized person pressing the unlock button while the unlock button is being activated. Provided, a locking device shall not be required in an establishment licensed to sell alcoholic beverages that limits access to persons over the age of 21 years.
(3) No cigarettes nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine from which non-tobacco products are sold.
(4) No cigarettes shall be sold in packs which contain less than 20 cigarettes.
(c) Penalty.
(1) Any person, firm, or corporation who or that owns a business occupying the premises in which a device or vending machine that dispenses cigarettes, or any other tobacco product or electronic nicotine-delivery system product is located who or that shall violate any of the provisions of subsections 50-9(a) or (c) of this ordinance shall for the first offense be subject to a fine of $75.00, for the second offense, be subject to a fine of $150.00, and for the third and any subsequent offense, be subject to a fine of $500.00; provided, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as the first offense.
(2) Any person, firm, or corporation who or that shall violate subsection (b)(4) of this ordinance shall, for the first offense, be subject to a fine of $75.00, for the second offense, be subject to a fine of $150.00, and for the third and any subsequent offense, be subject to a fine of $500.00; provided, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as the first offense.
(Ord. of 11-13-01; Ord. of 7-25-11, § 10; Ord. of 4-24-23(2) )
Cross reference(s)—Tobacco, ch. 7.