(State law references--City to have and exercise existing powers and privileges, be subject to existing duties and liabilities, conferred or imposed by charter or by special acts relating to it, G. L. 1956, Sec. 45-2-1; scope of ordinances which may be enacted, G. L. 1956, Sec. 45-6-1.)
The ordinances embraced in this and in the following chapters shall be designated and cited as the "Code of Ordinances of the City of Woonsocket."
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section, and unless otherwise expressly so provided, shall not be deemed or taken to be titles of such sections, or as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
In the construction of this Code and of all ordinances hereafter enacted, the following interpretations shall be placed on the words and phrases hereinafter mentioned, unless such construction or interpretation shall be manifestly inconsistent with the evident intent of the city council or the qualified voters, or repugnant to the context or to the evident purport of any ordinance:
Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
City. The words "the city" shall mean the City of Woonsocket, in the County of Providence, and the State of Rhode Island.
Computation of time. The time in which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that shall be excluded.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-13.
Corporate limits, corporation limits. Whenever the words "corporate limits," "corporation limits" or "city limits" are used, they shall mean the legal boundary of the City of Woonsocket.
Council. The words "the council" shall mean the city council of the City of Woonsocket.
Councilman. The word "councilman" shall mean any person elected to that office.
County. The words "the county" or "this county" shall mean the County of Providence in the State of Rhode Island.
Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the city to do some act or to make certain inspections, it is to be construed to authorize the head of the department or other officer of the city, as the case may be, to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designates otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-3.
Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-5.
Keeper, proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Mayor. Whenever the word "mayor" is used, it shall mean the mayor of the City of Woonsocket.
Month. The word "month" shall mean a calendar month.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-12.
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the City of Woonsocket" were added.
Nontechnical and technical words. 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 law shall be construed and understood according to such meaning.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-4.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-11.
Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word "person" shall include a corporation, firm, partnership, association, organization, club, society, body corporate or politic, or any other group acting as a unit, as well as a natural person.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-6.
Personal property. The term "personal property" shall include every species of property except real property, as herein described.
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-16.
Premises. Whenever the word "premises" is used, it shall mean place or places.
Property. The word "property" shall include real and personal property.
Public place. The term "public place" shall include, without limitation, any park, cemetery, school yard or open space adjacent thereto, and all beaches, canals or other waterways, and any public street or way.
Real property. The term "real property" shall include lands, tenements and hereditaments and rights thereto and interests therein.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-10.
Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.
Seal. Whenever the word "seal" is used, it shall mean the city or corporate seal.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature, subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.
State. The words "the state" shall be construed to mean the State of Rhode Island.
Streets, highways, ways. The words "streets," "highways" and "ways," when used in an ordinance, shall be construed as including boulevards, avenues, courts, lanes, alleys, squares, places and sidewalks, and each of these words shall include every other of them.
Tenant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Week. The word "week" shall be construed to mean seven (7) days.
Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-16.
Year. The word "year" shall mean a calendar year.
State law reference--Similar provisions, G. L. 1956, Sec. 43-3-12.
(a) All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code of Ordinances, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission thereof 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 such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the city council.
(b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of the Code in substantially the following language: "That section ___ of the Code of Ordinances of the City of Woonsocket, Rhode Island, is hereby amended to read as follows: ___ (Set out new provisions in full) ___."
(c) In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances of the City of Woonsocket, Rhode Island, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered ___, which reads as follows: ___ (Set out new provisions in full) ___."
(d) In lieu of the foregoing subsection when the city council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the city council desires to incorporate into the Code, a provision in substantially the following language may be made a part of the ordinance: "It is the intention of the city council, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of Woonsocket, Rhode Island, and the sections of this ordinance may be renumbered to accomplish such intention."
(e) All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.
(a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.
State law reference--Similar provisions, G.L. 1956, Secs. 43-3-22--43-3-24.
The city clerk shall number all ordinances consecutively in the order of their adoption.
State law reference--Similar provisions, numbering of laws, G.L. 1956, Sec. 43-2-1.
It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Woonsocket to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-8 hereof.
(a) In accordance with Chapter 45-6-2 of the General Laws of Rhode Island, 1956, as amended, whenever in the Code of Ordinances of the City of Woonsocket, or in any ordinance or resolution of the city, any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefore, the violation of any such provision of this Code or any such ordinance or resolution shall be punished by a penalty not exceeding in amount five hundred dollars ($500.00) or imprisonment not exceeding thirty (30) days in some jail or house of correction, and/or require restitution in cases involving property damage or personal injury in an amount up to twenty-five hundred dollars ($2,500.00) and/or for voluntary community service for a town or city agency for not more than ten (10) days for any one (1) offense.
(b) In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
(Ch. No. 2831, Sec. 1, 10-2-72; Ch. No. 4728, Sec. 1, 5-4-87)
State law reference--Limitation on penalties, G.L. 1956, Sec. 45-6-2.
In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under which to proceed but not more than one recovery shall be had against the same person for the same offense.
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of the Code, since the same would have been enacted by the city council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.