Town of East Greenwich, RI Article IV Adoption of Code

[Adopted 3-14-2016 by Ord. No. 849]

§ 1-19 Approval, adoption and enactment of Code.

Pursuant to the authority contained in § C-73 of the Charter of the Town of East Greenwich, the ordinances of the Town of East Greenwich of a general and permanent nature, adopted by the Town Council of the Town of East Greenwich, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 260, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of East Greenwich, Rhode Island," hereinafter known and referred to as the "Code."

§ 1-20 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of the 2005 Code and the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of East Greenwich, and it is the intention of said Town Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-21 below, and only new or changed provisions, as described in § 1-24 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-26 below.

§ 1-21 Inconsistent legislation repealed; repeal of specific ordinances.

A. Repeal of inconsistent ordinances. Except as provided in § 1-9, Certain ordinances not affected by Code, all ordinances or parts of ordinances enacted on or before July 13, 2015, that are inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-26; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of East Greenwich which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

B. Repeal of specific ordinances. The Town Council of the Town of East Greenwich has determined that the following chapters/articles from the 2005 Code are no longer in effect and hereby specifically repeals the following:

(1) Chapter 11, Alarm Systems, of the 2005 Code, adopted June 22, 1993, by Ord. No. 595.

(2) Chapter 34, Article IV, Commission on Environmental Affairs, of the 2005 Code, adopted July 14, 1992, by Ord. No. 575.

(3) Chapter 78, Article II, Department of Public Welfare, of the 2005 Code, adopted October 25, 1990, by Ord. No. 556.

(4) Chapter 93, Article III, Affordable Housing Development Fees, of the 2005 Code, adopted November 6, 2006, by Ord. No. 778, as amended.

(5) Chapter 104, Fire Prevention, of the 2005 Code, adopted June 22, 1993, by Ord. No. 595.

(6) Chapter 203, Smoking, of the 2005 Code, adopted April 25, 2000, by Ord. No. 686, as amended.

(7) Chapter 218, Article II, Signs Over Sidewalks, of the 2005 Code, adopted June 22, 1993, by Ord. No. 595.

C. The repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect.

§ 1-22 Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Town Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes.

§ 1-23 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-21A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.

§ 1-24 Changes and revisions in previously adopted legislation.

A. Nonsubstantive changes. In compiling and preparing the ordinances of the Town for adoption and revision as part of the Code, certain nonsubstantive grammatical and style 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. Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A[1] attached hereto and made a part hereof, are hereby made to various ordinances included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Town Council, and it is the intent of the Town Council that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-26.

[1] Editor's Note: In accordance with § 1-24B, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article IV. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 3-14-2016 by Ord. No. 849." Schedule A, which contains a complete description of all changes, is on file in the Town offices.

C. Nomenclature. The following nomenclature changes are made throughout the Code:

(1) References to "Recreation Department" are revised to read "Parks and Recreation Department."

(2) References to "Comprehensive Plan" are revised to read "Comprehensive Community Plan."

§ 1-25 Titles and headings; editor's notes.

A. Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

B. Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-26 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after March 14, 2016.