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Town of East Greenwich, RI
Kent County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of East Greenwich as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Fees — See Ch. 93, Art. I.
Signs — See Ch. 260, Art. VII.
STATE LAW REFERENCES
Removal of obstructions — See R.I.G.L. § 24-5-9.
Authority to require snow and ice removal — See R.I.G.L. § 24-5-14.
Authority to regulate sidewalks — See R.I.G.L. § 24-7-1.
[Adopted 6-22-1993 by Ord. No. 595 as Secs. 20-1 to 20-5 of the 1993 Code]
No person shall carry or convey, nor cause to be carried or conveyed in any street, highway, square or park, any ashes, bituminous coal, gravel, crushed gravel, sand, loam, dirt or rubbish unless the receptacle or vehicle containing such ashes, bituminous coal, gravel, crushed gravel, sand, loam, dirt or rubbish shall be closely covered.
[Amended 10-30-2006 by Ord. No. 776]
A. 
Business establishments may use sidewalks abutting their establishments for outside dining or sales to the extent that the use of the sidewalk is reasonably and necessarily related to the nature and operation of the business establishments.
B. 
All tables, chairs, signs, racks and merchandise must be removed from the sidewalk or right-of-way whenever the business is closed or during parking bans. The entire sidewalk in front of a business establishment will be kept at all times neat, clean and free of debris, with any and all debris immediately removed so as not to cause a hazard or annoyance to pedestrians.
[Amended 1-25-2016 by Ord. No. 847]
C. 
Regardless of any conditions, a public right-of-way shall be maintained at all times on public sidewalks as mandated by the Americans with Disabilities Act, 42 U.S.C. § 12132.
D. 
The Town of East Greenwich is specifically exempt from any conditions or limitations imposed by this article.
Each person erecting or repairing any building adjoining any public street or highway, who shall from necessity allow any lumber or other building material to remain after dark in such street or highway, shall place, or cause to be placed and kept, proper lights over or near such materials throughout the night so as to give sufficient warning to all persons passing in or through such street or highway.
The owner, occupant or any person having the care of any building or lot of land bordering on any street, square or public place within this Town where there is a sidewalk supported by a curbstone shall, within the first four hours of daylight after the ceasing of any snowfall, cause the snow which has accumulated as a result of the snowfall or which has fallen from any building to be removed therefrom and, in default thereof, shall be guilty of an offense for each hour after the expiration of the four hours that the snow shall remain on such sidewalk.
Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street shall be encumbered with ice, it shall be the duty of the owner, occupant or any person having the care of such building or lot to cause such sidewalk to be made safe and convenient for travel over the sidewalk by removing the ice therefrom or by covering the sidewalk with sand or some other suitable substance. In case such owner, occupant, or other person shall neglect to do so for the space of two hours during the daytime, he shall be guilty of an offense, and an additional offense shall be committed for each day thereafter that the ice shall continue to encumber such sidewalk or any part thereof.
Violations of the provisions of this article shall be punishable as provided in Chapter 1, Article III, of the Code of the Town of East Greenwich.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
[Adopted 6-22-1993 by Ord. No. 595 as Secs. 20-61 to 20-74 of the 1993 Code]
The provisions of this article shall not apply to excavating or digging conducted by the State Department of Public Works in the construction, improvement or maintenance of state roads or to corporations operating steam or street railroads.
No person, including any utility company, shall excavate or dig into any portion, including the curb, of any of the public highways or make access onto any of the public highways in the Town without having first obtained the special excavation permit provided in this article.
The Director of Public Works of the Town may at any time issue a special excavation permit authorizing any person to excavate or dig into the public highways of the Town. Before issuing such special permit, however, he shall first receive from such person a written application setting forth the name and address of such applicant and a designation of the particular portion of such public highways which such applicant desires to excavate or dig into and a designation of the purpose for which such excavation or digging is to be carried on.
Before issuing the excavation permit required by this article, the Director of Public Works shall first receive a bond from the applicant running to the Town, in a sum not less than $3,000, as the Director of Public Works may fix, with such sureties as are satisfactory to the Director of Public Works. The bond is to contain the conditions that the obligation of the applicant and sureties shall be in full force and effect unless such applicant shall, upon final completion of work, leave the public highways in as good condition as before the commencement of the work, and that the Town shall be free and harmless from all loss or damage arising by reason of any fault or neglect on the part of the applicant in the performance of the work. In addition, the Director of Public Works may require a cash deposit in a lesser amount than the bond. If such a cash deposit is required, the Director of Public Works may waive requirement of the bond.
No person shall be issued an excavation permit required by this article until he proves to the satisfaction of the Director of Public Works that he has general liability insurance with policy limits for personal injury of at least $100,000.
The fee for an excavation permit shall be enumerated in the fee schedule in Chapter 93, Fees.
The excavation permit required by this article, if issued by the Director of Public Works, shall designate the purpose of the excavating or digging permitted and shall designate the particular portion of the public highways to be excavated or dug into and also the time limit within which such excavation or digging shall be completed. The Director of Public Works shall retain on record a duplicate of the permit.
No person who has received the excavation permit required by this article shall be authorized to excavate or dig into the public highways of the Town at any other time or place or for any other purpose than the time, place and purpose designated in such permit.
No person who has received the excavation permit required by this article shall do any work, excavating or digging thereunder, except in conformity with such orders, rules or regulations, general or special, established by the Director of Public Works of the Town, as shall have been brought to the attention of such person by notice in writing from the Director of Public Works.
The Director of Public Works may at any time revoke any excavation permit required by this article, and thereupon such person holding the permit shall cease to excavate or dig into the public highways of the Town.
Every person opening a street or public way must enclose the opening with sufficient barriers, must maintain red lights at the opening by night, must take all necessary precautions to efficiently guard the public against all accidents from the beginning to the end of the work, and shall use every precaution against accidents to persons, vehicles or property of any kind.
After the work for which the street or public way is opened is completed, the backfilling must be puddled or solidly rammed and, together with the replacing of ballast and paving, must be done within 48 hours after the completion of the work; done so as to make the sidewalk, gutter and roadway at least as good as they were before they were disturbed; and done to the satisfaction of the Director of Public Works.
All work shall be done in such a manner and at such times as to interfere as little as possible with the public travel and convenience, and to this end, every person shall conduct the work as the Director of Public Works may from time to time direct.
Each person who shall make or maintain, or assist in making or maintaining, any fire other than is specified by law in any public highway, or in any way used by the public as a highway in this Town, shall be guilty of an offense.
Violations of the provisions of this article shall be punishable as provided in Chapter 1, Article III, of the Code of the Town of East Greenwich.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).