The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Code of Ordinances Town of
Cumberland, Rhode Island," and may be so cited.
In the construction of this Code and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Town Council:
Whenever the words "Charter" or "the Charter" are used they
mean the Home Rule Charter of the Town of Cumberland, Rhode Island,
as printed in Part I of this volume.
The Ordinances of the Town of Cumberland, Rhode Island, as designated in § 1-1.
Includes all territory included within the boundaries of
each of the villages of the Town of Cumberland.
Unless otherwise specifically provided, the time within which
an act is required by law to be done shall be computed by excluding
the first day and including the last; except, that the last shall
be excluded if it be Sunday.
The Town Council of Cumberland.
Providence County, Rhode Island.
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.
Includes all territory over which the Town has or shall acquire
jurisdiction for the exercise of its police powers or other regulatory
powers.
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.
Includes persons, firms, associations, corporations, clubs
and copartnerships, whether acting by themselves or as servants, agents
or employees.
Includes rights and easements of incorporeal nature.
A calendar month.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
or thing.
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.
Applied to a building or land, includes any part owner, joint
owner, tenant in common, tenant in partnership or joint tenant of
the whole or of a part of such building or land.
Extends and is applied to associations, societies, clubs,
firms, partnerships, bodies politic and foreign and domestic corporations,
as well as to individuals.
Includes every species of property, except real property,
as defined in this section.
Next before and next after, respectively.
Includes real, personal and mixed estates and interests.
Includes any park, cemetery, schoolyard or open space adjacent
thereto and any lake or stream.
Includes lands, tenements and hereditaments.
The word "shall" is mandatory; the word "may" is permissive.
That part of the street exclusively reserved for pedestrians
and constructed for such purpose.
Includes a mark when the person cannot write.
The State of Rhode Island.
Whenever reference is made to the "General Laws" or "G.L.,"
this means the General Laws of Rhode Island, 1956. Whenever reference
is made to "Public Laws" or "P.L.," this means the Public Laws of
Rhode Island.
Is construed to embrace streets, avenues, boulevards, roads,
alleys, lanes, viaducts and all other public highways in the Town.
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.
Words used in the past or present tense include the future,
as well as the past and present.
Is construed as if the words "of Cumberland" followed them.
Includes any representation of words, letters or figures,
whether by printing or otherwise.
A calendar year.
(a)
The catchlines of the several sections of this Code printed in boldface
type are intended as mere catchwords to indicate the contents of the
sections and shall not be deemed or taken to be titles of such sections
nor as any part of the sections nor, unless expressly so provided,
shall they be so deemed when any of such sections, including the catchlines,
are amended or reenacted.
(b)
The history notes following sections and the references scattered
throughout the Code are for the benefit of the user only and are not
part of this Code.
(a)
Except where otherwise provided in this Code or other ordinances
of the Town, whenever in this Code any act is prohibited or is made
or declared to be unlawful or an offense or whenever the doing of
any act is required or the failure to do any act is declared to be
unlawful, the violation of any such provision shall be punished by
a fine not exceeding $500 and cost of prosecution or by imprisonment
not exceeding 30 days or by both such fine and imprisonment and/or
by restitution in cases involving property damage or personal injury
in an amount up to $2,500 and/or by voluntary community service for
not more than 10 days for any one offense, unless other penalties
therefor or penalties within other limits, are specially prescribed
by state statute.
(b)
Each day any violation of any provision of this Code or other ordinance
of the Town shall continue shall constitute a separate offense.
It is declared to be the intent of the Town 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 by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code, since the phrase, clause, sentence,
paragraph or section would have been enacted by the Town Council without
incorporation in this Code of any such unconstitutional phrase, clause,
sentence, paragraph or section.
The provisions appearing in this Code, so far as they are the
same as those ordinances existing at the time of the effective date
of this Code, shall be considered as continuations thereof and not
as new enactments.
Nothing in this Code or the ordinance adopting this Code shall
be construed to repeal or otherwise affect the validity of any of
the following when not inconsistent with this Code:
(1)
Any ordinance promising or guaranteeing the payment of money by the
Town, or authorizing the issuance of any bonds of the Town, or any
evidence of the Town's indebtedness, or any contract, agreement,
lease, deed or other instrument or obligation assumed by the Town
or creating interest and sinking funds;
(2)
Any right or franchise, permit or other right granted by any ordinance;
(3)
Any personnel regulations; any ordinance establishing salaries of
Town officers and employees or civil service rules;
(4)
Any ordinance dedicating, naming, establishing, locating, relocating,
opening, paving, widening, repairing or vacating any street, alley
or other public way in the Town;
(5)
Any ordinance establishing and prescribing the street grades in the
Town;
(6)
Any appropriation ordinance or any ordinance levying or imposing
taxes;
(7)
Any ordinance providing for local improvements and assessing taxes
therefor;
(8)
Any ordinance dedicating or accepting any plat or subdivision in
the Town;
(9)
Any ordinance establishing the official plat of the Town;
(10)
Any zoning map amendment or land use, rezoning or zoning ordinance;
(11)
Any ordinance annexing territory or excluding territory from the
Town;
(12)
Any ordinance prescribing traffic regulations for specific locations
and prescribing through streets, parking limitations, parking prohibitions,
one-way traffic, limitations on loads of vehicles or loading zones
not inconsistent with such Code;
(13)
Any subdivision ordinance or regulation;
(14)
Any ordinance creating special districts or assessing taxes therefor;
(15)
Any ordinance granting specific tax exemptions;
(16)
Any temporary or special ordinance;
(17)
Any administrative ordinance;
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and all such ordinances are recognized as continuing in full
force and effect to the same extent as if set out at length in this
section.
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[Ord. No. 96-3, § 1, 2-21-1996]
(a)
All ordinances passed subsequent to this Code which amend, repeal
or in any way affect this Code may be numbered in accordance with
the numbering system of this Code and printed for inclusion in this
Code 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 and subsequent
ordinances numbered or omitted are readopted as a new Code by the
Town 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:
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"That section _____ of the Code of Ordinances, Town of Cumberland,
Rhode Island, is hereby amended to read as follows: . . . (set out
new provisions in full) __________."
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(c)
If a new section not existing in the Code is to be added, the following
language may be used:
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"That the Code of Ordinances, Town of Cumberland, 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) _____________."
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(d)
All sections, articles, chapters or other provisions of this Code
desired to be repealed should be specifically repealed by section
number, article number, chapter number or other number, as the case
may be.
(e)
At the time of presentation of any rule, resolution or ordinance
to the Town Council, the proponent of such legislation, through the
finance director, shall attach thereto a fiscal note which can be
calculated with reasonable accuracy to any financial impact the rule,
resolution or ordinance, if adopted, would have on the Town. The fiscal
note shall include, but not be limited to, the following:
(1)
Materials to be expended.
(2)
Required labor.
(3)
Costs of enacting the ordinance including, but not limited to, costs
of advertising and certified or registered postage.
(4)
Cost of administering, if determinable.
(5)
Whether such costs are budgeted under the Town's current budget
and, if not, where the appropriation shall originate.
(6)
Effect on the tax rate of the Town or projected tax revenues.
(7)
Source(s) of data.
(a)
By contract or by Town personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the Town
Council. A supplement to the Code shall include all substantive permanent
and general parts of ordinances passed by the Town Council or adopted
by initiative and referendum during the period covered by the supplement
and all changes made thereby in the Code. The pages of a supplement
shall be so numbered that they will fit properly into the Code and
will, where necessary, replace pages that have become obsolete or
partially obsolete, and the new pages shall be so prepared that, when
they have been inserted, the Code will be current through the date
of the adoption of the latest ordinance included in the supplement.
(b)
In the preparation of a supplement to this Code, all portions of
the Code that have been repealed shall be excluded from the Code by
the omission thereof from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the
person, agency or organization authorized to prepare the supplement)
may make formal, nonsubstantive changes in ordinances and parts of
ordinances included in the supplement, insofar as it is necessary
to do so to embody them into a unified Code. For example, the codifier
may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections
and other subdivisions of the Code printed in the supplement and make
changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to
"this chapter," "this article," "this division," etc., as the case
may be, or to "sections _____ to _____" (inserting section numbers
to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code, but in no case
shall the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the Code.
