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.
- COMPACT PART OF THE TOWN
- Includes all territory included within the boundaries of each of the villages of the Town of Cumberland.
- COMPUTATION OF TIME
- 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.
- IN THE TOWN
- Includes all territory over which the Town has or shall acquire jurisdiction for the exercise of its police powers or other regulatory powers.
- 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.
- KEEPER and PROPRIETOR
- 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.
- PERSONAL PROPERTY
- Includes every species of property, except real property, as defined in this section.
- PRECEDING, FOLLOWING
- Next before and next after, respectively.
- Includes real, personal and mixed estates and interests.
- PUBLIC PLACE
- Includes any park, cemetery, schoolyard or open space adjacent thereto and any lake or stream.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- SHALL, MAY
- The word "shall" is mandatory; the word "may" is permissive.
- That part of the street exclusively reserved for pedestrians and constructed for such purpose.
- SIGNATURE or SUBSCRIPTION
- Includes a mark when the person cannot write.
- The State of Rhode Island.
- STATE LAW REFERENCES
- 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.
- TENANT or OCCUPANT
- 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.
- WRITTEN, IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
- A calendar year.
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.
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.
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.
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:
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;
Any right or franchise, permit or other right granted by any ordinance;
Any personnel regulations; any ordinance establishing salaries of Town officers and employees or civil service rules;
Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the Town;
Any ordinance establishing and prescribing the street grades in the Town;
Any appropriation ordinance or any ordinance levying or imposing taxes;
Any ordinance providing for local improvements and assessing taxes therefor;
Any ordinance dedicating or accepting any plat or subdivision in the Town;
Any ordinance establishing the official plat of the Town;
Any zoning map amendment or land use, rezoning or zoning ordinance;
Any ordinance annexing territory or excluding territory from the Town;
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;
Any subdivision ordinance or regulation;
Any ordinance creating special districts or assessing taxes therefor;
Any ordinance granting specific tax exemptions;
Any temporary or special ordinance;
Any administrative ordinance;
[Ord. No. 96-3, § 1, 2-21-1996]
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.
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:
If a new section not existing in the Code is to be added, the following language may be used:
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.
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:
Materials to be expended.
Costs of enacting the ordinance including, but not limited to, costs of advertising and certified or registered postage.
Cost of administering, if determinable.
Whether such costs are budgeted under the Town's current budget and, if not, where the appropriation shall originate.
Effect on the tax rate of the Town or projected tax revenues.
Source(s) of data.
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.
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.
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:
Organize the ordinance material into appropriate subdivisions;
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;
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;
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
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.