Town of Lincoln, RI CHARTER

Town of Lincoln, RI

Providence County

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Table of Contents

Table of Contents

Ch C CHARTER
Ch C Art I Basic Provisions
§ C1-1 Incorporation.
§ C1-2 Form of government.
§ C1-3 Powers of Town.
§ C1-4 Use of Gender Specific Language.
Ch C Art II Elections
§ C2-1 Electors.
§ C2-2 Election laws.
§ C2-3 Time of elections.
§ C2-4 Board of Canvassers.
§ C2-5 Provisions for elections.
Ch C Art III Financial Town Meeting
§ C3-1 Time and purpose of meeting.
§ C3-2 Powers.
§ C3-3 Notice of meetings.
§ C3-4 Moderator.
§ C3-5 Duties of Moderator.
§ C3-6 Canvass prior to meeting.
§ C3-7 Quorum.
§ C3-8 Procedure at Financial Town Meeting.
§ C3-9 Record of proceedings as evidence; certificate of Clerk.
§ C3-10 Recessed meetings.
§ C3-11 Special meetings.
§ C3-12 Limitation on financial proposals by individuals.
§ C3-13 Election of Budget Board.
§ C3-14 Resolutions and reports filed with the Town Clerk.
Ch C Art IV The Budget
§ C4-1 Fiscal year.
§ C4-2 Budget; general statement.
§ C4-3 Preparation of the budget.
§ C4-4 Procedure for Budget Board.
§ C4-5 Budget format.
§ C4-6 Submission of budget.
§ C4-7 Certification of detailed budget.
§ C4-8 Budget control.
§ C4-9 {Unrestricted surplus.}
Ch C Art V Town Council
§ C5-1 Number; term.
§ C5-2 Qualifications.
§ C5-3 Vacancies.
§ C5-4 Presiding officer.
§ C5-5 Compensation.
§ C5-6 Meetings.
§ C5-7 Quorum.
§ C5-8 Powers.
§ C5-9 Procedure of the Council.
§ C5-10 Annual audit.
§ C5-11 Probate Court.
§ C5-12 Town Solicitor.
Ch C Art VI Town Administrator
§ C6-1 Election and term.
§ C6-2 Qualifications.
§ C6-3 Compensation.
§ C6-4 Absence or disability.
§ C6-5 Vacancy.
§ C6-6 Powers and duties.
§ C6-7 Town Clerk.
Ch C Art VII Department of Finance
§ C7-1 Organization.
§ C7-2 Director of Finance.
§ C7-3 Qualifications of Director of Finance.
§ C7-4 Salary of Director of Finance.
§ C7-5 Duties and powers of Director of Finance.
§ C7-6 Competitive bidding.
§ C7-7 Tax Assessor.
§ C7-8 Review of assessments.
Ch C Art VIII Department of Public Works
§ C8-1 Organization.
§ C8-2 Qualifications of Director of Public Works.
§ C8-3 Powers and duties of Department of Public Works.
§ C8-4 {Appointment of personnel.}
Ch C Art IX Police Department
§ C9-1 Organization.
§ C9-2 Powers and duties.
Ch C Art X Wastewater Management
§ C10-1 Wastewater Management Fund.
Ch C Art XI Department of Human Services
§ C11-1 Organization.
§ C11-2 Powers and duties.
Ch C Art XII School Department
§ C12-1 School Committee: number; term.
§ C12-2 Qualifications.
§ C12-3 Vacancies.
§ C12-4 Compensation.
§ C12-5 Powers and duties.
Ch C Art XIII Board of Water Commissioners
§ C13-1 Establishment.
§ C13-2 Vacancy on the Board.
§ C13-3 Compensation of members.
§ C13-4 Organization.
§ C13-5 Powers and duties.
§ C13-6 Office of Town Treasurer to serve the Board.
Ch C Art XIV Personnel
§ C14-1 Organization of Personnel Board.
§ C14-2 Compensation.
§ C14-3 Powers and duties.
§ C14-4 Positions excepted from classified service.
§ C14-5 Present employees continued in office.
§ C14-6 Temporary appointment when no list is available.
§ C14-7 Probationary period.
§ C14-8 Emergency appointment.
§ C14-9 (Reserved)
§ C14-10 Removal of officers on indefinite tenure.
§ C14-11 Personnel review.
Ch C Art XV Planning and Zoning Boards
§ C15-1 Organization and election {of Planning Board}.
§ C15-2 Powers and duties {of Planning Board}.
§ C15-3 Comprehensive Plan.
§ C15-4 Adoption of Comprehensive Plan.
§ C15-5 Zoning Board of Review.
§ C15-6 Powers and duties of Zoning Board of Review.
Ch C Art XVI Other Offices and Commissions
§ C16-1 Town Sergeant.
§ C16-2 Auctioneer.
§ C16-3 Sealer of Weights and Measures.
§ C16-4 Emergency Management Agency.
§ C16-5 Parks and Recreation Commission.
§ C16-6 Industrial Development Commission.
§ C16-7 {Appointment of other officials.}
§ C16-8 Lincoln Land Trust.
§ C16-9 Lincoln Library.
§ C16-10 Conservation Commission.
Ch C Art XVII General Provisions
§ C17-1 Amending the Charter.
§ C17-2 Specific provisions shall prevail.
§ C17-3 Laws affecting officers.
§ C17-4 Oath of office.
§ C17-5 Official bond.
§ C17-6 Retirement of municipal employees.
§ C17-7 Publicity of records.
§ C17-8 Separability clause.
§ C17-9 Financial interest prohibited.
§ C17-10 Codification of ordinances.
§ C17-11 (Reserved)
§ C17-12 {Political affiliation of members of boards and commissions.}
§ C17-13 {Dual office holding.}
§ C17-14 {Employees prohibited from holding elective office.}
§ C17-15 {Full text of Charter or amendment not required on ballot.}
§ C17-16 {Officials and employees to work regular business hours; exception.}
§ C17-17 {Officers to be electors of the Town.}
§ C17-18 Review of Charter.
§ C17-19 {Minutes of boards and committees required.}
§ C17-20 Removal Due to Unexcused Absences.
Ch C Art XVIII Continuity in Government
§ C18-1 Continuation of laws.
§ C18-2 Continuation of ordinances.
§ C18-3 Continuation of tax obligation.
§ C18-4 Continuation of government.
§ C18-5 Continuation of administrative personnel.
§ C18-6 Transfer of records and property.
§ C18-7 Continuance of contracts and obligations.
§ C18-8 Pending actions and proceedings.
Ch C Art XIX Inauguration of New Charter Government
§ C19-1 Effective date.
§ C19-2 Transfer of appropriations.
§ C19-3 Ordinances to implement charter.
Ch C Art XX Suspension; Discharge; Reinstatement
§ C20-1 Suspension upon referral of charges against official for criminal act.
Ch C Art XXI Impeachment
§ C21-1 Authorized.
§ C21-2 Grounds.
§ C21-3 Initiation of proceedings.
§ C21-4 Notice, due process and hearing required.
§ C21-5 Time for hearing.
§ C21-6 Charges against member of Council.
§ C21-7 Penalty for failure to comply with subpoena or order.
§ C21-8 Appeal to Superior Court.
PART I, ADMINISTRATIVE LEGISLATION
Ch 1 GENERAL PROVISIONS
Ch 5 BOARDS AND COMMISSIONS
Ch 7 BUDGET AND FINANCE
Ch 9 COUNCIL
Ch 12 COURT, MUNICIPAL
Ch 15 DEFERRED COMPENSATION PLAN
Ch 17 ETHICS, CODE OF
Ch 24 LAND TRUST
Ch 28 LEGAL ASSISTANCE
Ch 32 LIBRARIES
Ch 40 OFFICERS AND EMPLOYEES
Ch 44 POLICE DEPARTMENT
Ch 48 PURCHASING POLICY
Ch 49 REAL PROPERTY, CONVEYANCE OF
Ch 51 REDEVELOPMENT AGENCY
Ch 55 SALARIES AND COMPENSATION
Ch 59 TOWN-OWNED VEHICLES
PART II, GENERAL LEGISLATION
Ch 63 ADULT ENTERTAINMENT
Ch 67 ALARM SYSTEMS
Ch 70 ALCOHOLIC BEVERAGES
Ch 72 AMUSEMENTS
Ch 75 ANIMALS
Ch 79 BICYCLES
Ch 82 BLASTING
Ch 89 BUILDINGS, MOVING OF
Ch 92 BUILDINGS, NUMBERING OF
Ch 101 DISORDERLY CONDUCT
Ch 105 DRAINAGE
Ch 109 EARTH REMOVAL
Ch 114 FALSE ALARMS
Ch 117 FEES
Ch 120 FIREARMS AND EXPLOSIVES
Ch 123 FIRE PREVENTION
Ch 126 FLEA MARKETS
Ch 129 FLOOD HAZARD AREAS
Ch 133 GAMBLING
Ch 136 GAME ROOMS
Ch 140 HAZARDOUS SUBSTANCES
Ch 144 HORSE STABLES, COMMERCIAL
Ch 147 HOUSING
Ch 150 HUNTING
Ch 155 JUNKYARDS AND JUNK DEALERS
Ch 161 LICENSES AND BUSINESS REGULATIONS
Ch 164 LITTERING
Ch 167 LOITERING
Ch 171 MALICIOUS MISCHIEF
Ch 175 NOISE
Ch 180 PARKING LOTS
Ch 183 PARKS AND RECREATION
Ch 187 PEDDLING AND SOLICITING
Ch 190 PICKETING
Ch 193 PLUMBING
Ch 196 PROPERTY, ABANDONED
Ch 199 PROPERTY, DEFACEMENT OF
Ch 202 PROPERTY MAINTENANCE AND HOUSING STANDARDS
Ch 204 RENTAL PROPERTY
Ch 207 SEWERS
Ch 209 SEX OFFENDER RESIDENCY RESTRICTIONS
Ch 213 SOIL EROSION AND SEDIMENTATION CONTROL
Ch 217 SOLID WASTE
Ch 220 STREETS AND SIDEWALKS
Ch 228 TAXATION
Ch 236 UNRULY GATHERINGS
Ch 237 VEHICLES, ABANDONED
Ch 240 VEHICLES AND TRAFFIC
Ch 244 VEHICLES, STORAGE OF
Ch 250 WATERCRAFT
Ch 254 WELLS AND CESSPOOLS
Ch 260 ZONING
DISPOSITION LIST
Ch DL DISPOSITION LIST

Chapter C: CHARTER

[HISTORY: Adopted by the Charter Commission of the Town of Lincoln 10-2-1958; adopted by the electors of the Town 11-4-1958. Amendments noted where applicable.]

Editor's Note: Amendments to the original Charter are indicated by bolded, bracketed histories at the amended provisions. A uniform system of capitalization and number citation has been used. Obvious misspellings and typographical errors have been corrected without notation and text material in brackets { } has been added for clarity.

PREAMBLE

We the People of the Town of Lincoln being duly organized as a body politic under the Constitution of the United States of America and the Constitution of the State of Rhode Island and Providence Plantations do hereby establish this Charter toward the end that those services necessary for the common good may be equitably, efficiently, and harmoniously supplied. [Amended 11-6-1990]

ARTICLE I
Basic Provisions (§ C1-1 — § C1-4)

ARTICLE II
Elections (§ C2-1 — § C2-5)

ARTICLE III
Financial Town Meeting (§ C3-1 — § C3-14)

ARTICLE IV
The Budget (§ C4-1 — § C4-9)

ARTICLE V
Town Council (§ C5-1 — § C5-12)

ARTICLE VI
Town Administrator (§ C6-1 — § C6-7)

ARTICLE VII
Department of Finance (§ C7-1 — § C7-8)

ARTICLE VIII
Department of Public Works (§ C8-1 — § C8-4)

ARTICLE IX
Police Department (§ C9-1 — § C9-2)

ARTICLE X
Wastewater Management (§ C10-1)

ARTICLE XI
Department of Human Services (§ C11-1 — § C11-2)

ARTICLE XII
School Department (§ C12-1 — § C12-5)

ARTICLE XIII
Board of Water Commissioners (§ C13-1 — § C13-6)

ARTICLE XIV
Personnel (§ C14-1 — § C14-11)

ARTICLE XV
Planning and Zoning Boards (§ C15-1 — § C15-6)

ARTICLE XVI
Other Offices and Commissions (§ C16-1 — § C16-10)

ARTICLE XVII
General Provisions (§ C17-1 — § C17-20)

ARTICLE XVIII
Continuity in Government (§ C18-1 — § C18-8)

ARTICLE XIX
Inauguration of New Charter Government (§ C19-1 — § C19-3)

ARTICLE XX
Suspension; Discharge; Reinstatement (§ C20-1)

ARTICLE XXI
Impeachment (§ C21-1 — § C21-8)

Chapter C : CHARTER

Article I Basic Provisions

§ C1-1 Incorporation.

§ C1-2 Form of government.

§ C1-3 Powers of Town.

§ C1-4 Use of Gender Specific Language.

Article II Elections

§ C2-1 Electors.

§ C2-2 Election laws.

§ C2-3 Time of elections.

§ C2-4 Board of Canvassers.

§ C2-5 Provisions for elections.

Article III Financial Town Meeting

§ C3-1 Time and purpose of meeting.

§ C3-2 Powers.

§ C3-3 Notice of meetings.

§ C3-4 Moderator.

§ C3-5 Duties of Moderator.

§ C3-6 Canvass prior to meeting.

§ C3-7 Quorum.

§ C3-8 Procedure at Financial Town Meeting.

§ C3-9 Record of proceedings as evidence; certificate of Clerk.

§ C3-10 Recessed meetings.

§ C3-11 Special meetings.

§ C3-12 Limitation on financial proposals by individuals.

§ C3-13 Election of Budget Board.

§ C3-14 Resolutions and reports filed with the Town Clerk.

Article IV The Budget

§ C4-1 Fiscal year.

§ C4-2 Budget; general statement.

§ C4-3 Preparation of the budget.

§ C4-4 Procedure for Budget Board.

§ C4-5 Budget format.

§ C4-6 Submission of budget.

§ C4-7 Certification of detailed budget.

§ C4-8 Budget control.

§ C4-9 {Unrestricted surplus.}

Article V Town Council

§ C5-1 Number; term.

§ C5-2 Qualifications.

§ C5-3 Vacancies.

§ C5-4 Presiding officer.

§ C5-5 Compensation.

§ C5-6 Meetings.

§ C5-7 Quorum.

§ C5-8 Powers.

§ C5-9 Procedure of the Council.

§ C5-10 Annual audit.

§ C5-11 Probate Court.

§ C5-12 Town Solicitor.

Article VI Town Administrator

§ C6-1 Election and term.

§ C6-2 Qualifications.

§ C6-3 Compensation.

§ C6-4 Absence or disability.

§ C6-5 Vacancy.

§ C6-6 Powers and duties.

§ C6-7 Town Clerk.

Article VII Department of Finance

§ C7-1 Organization.

§ C7-2 Director of Finance.

§ C7-3 Qualifications of Director of Finance.

§ C7-4 Salary of Director of Finance.

§ C7-5 Duties and powers of Director of Finance.

§ C7-6 Competitive bidding.

§ C7-7 Tax Assessor.

§ C7-8 Review of assessments.

Article VIII Department of Public Works

§ C8-1 Organization.

§ C8-2 Qualifications of Director of Public Works.

§ C8-3 Powers and duties of Department of Public Works.

§ C8-4 {Appointment of personnel.}

Article IX Police Department

§ C9-1 Organization.

§ C9-2 Powers and duties.

Article X Wastewater Management

§ C10-1 Wastewater Management Fund.

Article XI Department of Human Services

§ C11-1 Organization.

§ C11-2 Powers and duties.

Article XII School Department

§ C12-1 School Committee: number; term.

§ C12-2 Qualifications.

§ C12-3 Vacancies.

§ C12-4 Compensation.

§ C12-5 Powers and duties.

Article XIII Board of Water Commissioners

§ C13-1 Establishment.

§ C13-2 Vacancy on the Board.

§ C13-3 Compensation of members.

§ C13-4 Organization.

§ C13-5 Powers and duties.

§ C13-6 Office of Town Treasurer to serve the Board.

Article XIV Personnel

§ C14-1 Organization of Personnel Board.

§ C14-2 Compensation.

§ C14-3 Powers and duties.

§ C14-4 Positions excepted from classified service.

§ C14-5 Present employees continued in office.

§ C14-6 Temporary appointment when no list is available.

§ C14-7 Probationary period.

§ C14-8 Emergency appointment.

§ C14-9 (Reserved)

§ C14-10 Removal of officers on indefinite tenure.

§ C14-11 Personnel review.

Article XV Planning and Zoning Boards

§ C15-1 Organization and election {of Planning Board}.

§ C15-2 Powers and duties {of Planning Board}.

§ C15-3 Comprehensive Plan.

§ C15-4 Adoption of Comprehensive Plan.

§ C15-5 Zoning Board of Review.

§ C15-6 Powers and duties of Zoning Board of Review.

Article XVI Other Offices and Commissions

§ C16-1 Town Sergeant.

§ C16-2 Auctioneer.

§ C16-3 Sealer of Weights and Measures.

§ C16-4 Emergency Management Agency.

§ C16-5 Parks and Recreation Commission.

§ C16-6 Industrial Development Commission.

§ C16-7 {Appointment of other officials.}

§ C16-8 Lincoln Land Trust.

§ C16-9 Lincoln Library.

§ C16-10 Conservation Commission.

Article XVII General Provisions

§ C17-1 Amending the Charter.

§ C17-2 Specific provisions shall prevail.

§ C17-3 Laws affecting officers.

§ C17-4 Oath of office.

§ C17-5 Official bond.

§ C17-6 Retirement of municipal employees.

§ C17-7 Publicity of records.

§ C17-8 Separability clause.

§ C17-9 Financial interest prohibited.

§ C17-10 Codification of ordinances.

§ C17-11 (Reserved)

§ C17-12 {Political affiliation of members of boards and commissions.}

§ C17-13 {Dual office holding.}

§ C17-14 {Employees prohibited from holding elective office.}

§ C17-15 {Full text of Charter or amendment not required on ballot.}

§ C17-16 {Officials and employees to work regular business hours; exception.}

§ C17-17 {Officers to be electors of the Town.}

§ C17-18 Review of Charter.

§ C17-19 {Minutes of boards and committees required.}

§ C17-20 Removal Due to Unexcused Absences.

Article XVIII Continuity in Government

§ C18-1 Continuation of laws.

§ C18-2 Continuation of ordinances.

§ C18-3 Continuation of tax obligation.

§ C18-4 Continuation of government.

§ C18-5 Continuation of administrative personnel.

§ C18-6 Transfer of records and property.

§ C18-7 Continuance of contracts and obligations.

§ C18-8 Pending actions and proceedings.

Article XIX Inauguration of New Charter Government

§ C19-1 Effective date.

§ C19-2 Transfer of appropriations.

§ C19-3 Ordinances to implement charter.

Article XX Suspension; Discharge; Reinstatement

§ C20-1 Suspension upon referral of charges against official for criminal act.

Article XXI Impeachment

§ C21-1 Authorized.

§ C21-2 Grounds.

§ C21-3 Initiation of proceedings.

§ C21-4 Notice, due process and hearing required.

§ C21-5 Time for hearing.

§ C21-6 Charges against member of Council.

§ C21-7 Penalty for failure to comply with subpoena or order.

§ C21-8 Appeal to Superior Court.