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Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Westerly as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-1991 by Ch. No. 983 as §§ 8-1 through 8-10, 8-17 through 8-20, 8-23 through 8-26 and 8-28 of the 1991 Code]
[Amended 9-27-2010 by Ch. No. 1729]
It shall be unlawful for any person to bathe in the waters of the Atlantic Ocean, Long Island Sound, Narragansett Bay and the tributaries thereto or upon the shores thereof within the limits of the Town without his body being properly clothed below the waist and her body being properly clothed below and above the waist.
[Amended 9-27-2010 by Ch. No. 1729; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
A person commits indecent exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation, such person intentionally, knowingly, or recklessly exposes his or her genitals to the view of another under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to that person;
B. 
Any person may be a complainant for the purposes of instituting action for any violation of this section. This act shall not apply to any conduct between consenting adults where the complainant is an unintended witness;
C. 
In no event shall the provisions of this section be construed to apply to breastfeeding in public.
No person shall disrobe in any motor vehicle within the limits of the Town.
No person shall bathe or swim, or attempt to bathe or swim, in any granite quarry hole or abandoned granite quarry hole located or situated within the Town.
It shall be unlawful for any person to sleep in the nighttime in any motor vehicle of any description parked on any highway, public beach, parking lot, picnic grounds, or on any other public or semipublic area; or in any motor vehicle of any description parked upon the grounds of any other person in the Town; or for any reason to aid, assist, encourage or promote the same to be done by any other person.
It shall be unlawful for any person to sleep in the nighttime on any highway, public beach, parking lot, picnic ground, or on any other public or semipublic area, or upon the grounds of any other person in the Town; or for any person to aid, assist, encourage or promote the same to be done by any other person.
Sections 182-5 and 182-6 shall not apply to premises duly licensed and operated under the authority of Chapter 167 of this Code.
In the event a provision of §§ 182-5, 182-6 or 182-7 is found to be in conflict with any other ordinance of the Town, the provisions which establish the higher standard for the promotion of the health and safety of the people shall prevail.
No highway, street or public lands shall be used for assemblage or public or private gathering, without permission being first granted for that purpose by the Chief of Police.
A. 
A person commits disorderly conduct if he intentionally, knowingly or recklessly:
(1) 
Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) 
In a public place or near a private residence, that he has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities; or
(3) 
Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed; or
(4) 
Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances; or
(5) 
Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering; or
(6) 
Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7) 
Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, notwithstanding any property rights the individual may have in the location in which the private area is located.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any person found guilty of the crime of disorderly conduct shall be imprisoned for a term of not more than six months or fined not more than $500, or both.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
In no event shall Subsection A(2), (3), (4), and (5) be construed to prevent lawful picketing or lawful demonstrations, including but not limited to those relating to a labor dispute.
No person shall, without right, knowingly enter upon the land of another, not having been requested or invited so to do by the owner or occupant of such land.
No person shall enter upon any land when the same shall be conspicuously posted by the owner or occupant with notice that trespassing or parking is prohibited thereon, and no person shall, without right, mutilate, destroy or remove any such notice.
No person shall wantonly and maliciously daub with paint, or otherwise injure by scratching or marking, or writing with paint, blacking, chalk or other colored composition or liquid, or in any manner deface any post, signboard or sign, situated in or upon any street, highway, bridge, wharf or other public place, or ground set apart for public purposes in this Town or any ornament or appurtenance of the same, or wantonly tear down, deface or destroy any notice of any public meeting, auction or other sale, or any other public notice.
No person shall maliciously, wantonly or carelessly throw down or extinguish any incandescent light, or the globe or lamp enclosing the same, or any other lamp or lantern, erected for the purpose of lighting any street, highway or bridge in this Town, whether the same shall have been erected by the Town or any other corporation or by any individual.
It shall be unlawful for any person to be found drunk so as to amount to a violation of decency, upon the premises of any other person, or in any public hall, or at any public meeting, or in any highway, street, court, public park, promenade, wharf, square or other public place in this Town.
No person shall receive, give away or possess intoxicating liquors while such person is within the confines of the Town Hall.
No person shall distribute or cause to be distributed any handbill, circular, program or advertising slip in or upon any street or sidewalk in the Town.
[1]
Editor's Note: Former § 182-18, Approval required for posting bills and notices, was repealed 9-27-2010 by Ch. No. 1729.
[Amended 3-22-2004 by Ch. No. 1477]
Any person violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined not less than $25 nor more than $100 for each offense.
[Added 5-19-2014 by Ch. No. 1821]
The practice of going in and upon any residential properties in the Town by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or occupant of such residential properties, for the purpose of soliciting orders for the sale of goods, wares or merchandise, or for the purpose of disposing of or peddling or hawking the same, is declared to be a nuisance and punishable as such nuisance as a misdemeanor.
The practice of prowling or loitering around any place of public amusement, crowded thoroughfare or at any public gathering or assembly by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise for the purpose of soliciting orders for the sale of goods, wares and merchandise or for the purpose of disposing of or peddling or hawking the same is declared to be a nuisance and punishable as such nuisance as a misdemeanor.
Any person convicted of perpetrating a nuisance as described and prohibited by §§ 182-20 and 186-21, upon conviction thereof, shall be fined not exceeding $50.