[HISTORY: Adopted by the Town Council of
the Town of Portsmouth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-26-1976 by Ord. No. 112 as
Ch. 1 of the 1976 Code]
A.Â
COUNCIL, TOWN COUNCIL
COUNTY
MONTH
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROPERTY
REAL PROPERTY
SIDEWALK
SIGNATURE or SUBSCRIPTION
STREET
TENANT or OCCUPANT
YEAR
Definitions. As used in this Code, the following terms
shall have the meanings indicated:
The Town Council of the Town of Portsmouth, Rhode Island.
Newport County, Rhode Island.
A calendar month.
Applied to any property, includes 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 property.
Includes a corporation, firm, partnership, association, organization
or any other group acting as a unit, as well as a natural person.
Includes every species of property except real property,
as herein defined.
Next before and next after, respectively.
Includes real, personal and mixed estates and interests.
Includes lands, tenements and hereditaments.
That part of the street exclusively reserved for pedestrians
and constructed for such purpose.
Includes a mark when the person cannot write.
Includes any public way, road, highway, street, avenue, boulevard,
parkway, alley, lane, viaduct, bridge and the approaches thereto within
the Town and shall mean and include the entire width thereof between
the abutting property lines.
Applied to a building or land, includes 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.
A calendar year.
B.Â
In the construction of this Code and of all other
ordinances of the Town, the following rules shall be observed, unless
such construction would be inconsistent with the manifest intent of
the Town Council:
(1)Â
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 is Sunday or a legal holiday, that shall
be excluded.
(2)Â
Gender. Words used in the masculine gender shall include
the feminine and neuter.
(3)Â
Joint authority. All words giving a joint authority
to three or more persons or officers shall be construed as giving
such authority to a majority of such persons or officers.
(4)Â
May. The word "may" is permissive.
(5)Â
Number. Words used in the singular include the plural,
and the plural includes the singular.
(6)Â
Oath. When an oath is required or authorized by law,
an affirmation in lieu thereof may be taken by a person having conscientious
scruples against taking an oath. An affirmation has the same effect
as an oath.
(7)Â
Shall. The word "shall" is mandatory.
(8)Â
State. The words "the state" or "this state" shall
be construed to mean the State of Rhode Island.
(9)Â
State law references. Whenever reference is made to
the "General Laws" or "Gen. Laws," this shall mean the General Laws
of Rhode Island, 1956, as amended. Whenever reference is made to "Public
Laws" or "P.L.," this shall mean the Public Laws of Rhode Island.
(10)Â
Tense. Words used in the present tense include the
future as well as the past and present.
(11)Â
Town. The words "the Town" or "this Town" shall be
construed as if the words "of Portsmouth, Rhode Island," followed
them.
(12)Â
Written; in writing. The words "written" or "in writing"
shall be construed to include any representation of words, letters
or figures, whether by printing or otherwise.
The catchlines of the several sections of this
Code, underlined above each section, are intended as mere catchwords
to indicate the contents of the section and shall not be deemed or
taken to be titles of such sections, nor 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.[1]
[Amended 3-11-2013 by Ord. No. 2013-03-11]
A.Â
Except as otherwise expressly provided by this Code,
other ordinances of the Town or state law, whenever in this Code,
or in any other ordinance or resolution of the Town Council, or in
any rule, regulation, notice or order promulgated by any officer or
agency of the Town under authority duly vested in him or her, any
act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or the doing of any act is required or the failure
to do any act is declared to be unlawful or an offense or a misdemeanor,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or any other ordinance or resolution of
the Town Council or such rule, regulation, notice or order shall be
punished by a fine not exceeding an amount of $500 or imprisonment
not exceeding 30 days in some jail or house of correction and/or shall
require restitution in cases involving property damage or personal
injury in an amount up to $2,500 and/or shall require voluntary community
restitution for a Town agency for not more than 10 days for any one
offense, unless other penalties therefor, or penalties within other
limits, are specifically prescribed by statute, to be prosecuted by
some officer appointed for that purpose and to be recovered to the
use of the Town, or of the person or persons, and in the proportions
that the Council in its ordinances and regulations designates.
B.Â
Except where otherwise provided, every day any violation
of this Code or any other ordinance or resolution of the Town Council
or such rule, regulation, notice or order shall continue shall constitute
a separate offense.
[Adopted 3-11-2013 by Ord. No. 2013-03-11]
There is hereby adopted by the Town Council that certain Code entitled the "Code of the Town of Portsmouth, Rhode Island," containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 405, together with an Appendix, of which Code not less than one copy has been and is now filed in the office of the Town Clerk.
The provisions of such Code shall be in force on and after March
11, 2013, and all ordinances of a general and permanent nature adopted
on or before June 25, 2012, and not contained in such Code are hereby
repealed from and after March 11, 2013, except as hereinafter provided.
The repeal provided for in § 1-5 of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before March 11, 2013; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to March 11, 2013; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the Town or authorizing the issue of any bonds of the Town or any evidence of the Town's indebtedness or any contract or obligation assumed by the Town; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the Town Council on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the compensation of the Town's officers or employees or serve to reduce the compensation of any present Town officer or employee; nor shall it serve to deprive any person of any lawful retirement, disability, death or other benefit accrued or accruing; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets, alleys or rights-of-way in the Town; nor shall it affect any ordinance adopted after June 25, 2012; nor shall it affect any of the following ordinances or amendments thereto:
A.Â
Any
ordinance establishing a speed limit or prima facie safe speed for
vehicles; designating a one-way street, a through street, a stop or
yield intersection, a street or part of street or other area or locality
where the parking of a vehicle is prohibited at any time or is restricted
in any manner; designating a crosswalk, safety zone, school zone,
zone of quiet, play street, loading zone, taxicab stand, bus stop
or reserved vehicular parking space; designating any street intersection
or other place where the turning movement of any vehicle is prohibited
or regulated; providing for the erection, installation, replacement
or removal of any traffic control sign, signal, marking or device;
designating a truck route through the Town or prohibiting or limiting
any street or part of any street to any class of vehicles; imposing
any lawful fine or other penalty for the violation of any provision
of state law or ordinance of the Town relating to the regulation of
traffic.
B.Â
The
Land Development and Subdivision Regulations of the Town of Portsmouth,
and any amendments thereto.
C.Â
The
Zoning Ordinance of the Town of Portsmouth, and any amendments thereto.
D.Â
Ordinance
No. 2000-7-10, pertaining to the Police Department Rules and Regulations,
and any amendments thereto.
E.Â
Ordinance
No. 87-12-28, pertaining to the Personnel Rules and Regulations, and
any amendments thereto.
A.Â
Whenever
in the Code adopted by this ordinance, or in any other ordinance or
resolution of the Town Council, or in any rule, regulation, notice
or order promulgated by any officer or agency of the Town under authority
vested in him or her, any act is prohibited or is made or declared
to be unlawful or an offense or a misdemeanor, or the doing of any
act is required or the failure to do any act is declared to be unlawful
or an offense or a misdemeanor, where no specific penalty is provided
therefor, the violation of any such provision of such Code or any
other ordinance or resolution of the Town Council or such rule, regulation,
notice or order shall be punished by a fine not exceeding an amount
of $500 or imprisonment not exceeding 30 days in some jail or house
of correction and/or shall require restitution in cases involving
property damage or personal injury in an amount up to $2,500 and/or
shall require voluntary community restitution for a Town agency for
not more than 10 days for any one offense, unless other penalties
therefor, or penalties within other limits, are specifically prescribed
by statute, to be prosecuted by some officer appointed for that purpose
and to be recovered to the use of the Town, or of the person or persons,
and in the proportions that the Council in its ordinances and regulations
designates.
B.Â
Except
where otherwise provided, every day any violation of such Code or
any other ordinance or resolution of the Town Council or such rule,
regulation, notice or order shall continue shall constitute a separate
offense.
It is hereby declared to be the intention of the Town Council
that the sections, paragraphs, sentences, clauses and phrases of this
ordinance and the Code hereby adopted are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance or the Code
hereby adopted shall be declared unconstitutional or otherwise invalid
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance or the Code hereby adopted.
A.Â
In
compiling and preparing the ordinances for adoption and revision as
part of the Code, certain grammatical changes and other minor changes
were made in one or more of said ordinances. It is the intention of
the Town Council that all such changes be adopted as part of the Code
as if the ordinances so changed had been previously formally amended
to read as such.
B.Â
In
addition, the changes, amendments or revisions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-9B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 3-11-2013 by Ord. No. 2013-03-11]. Schedule A, which contains a complete description of all changes, is on file in the Town offices.
