[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 §§ 7-41
through 7-47 of the 1991 Code]
A.
All persons desiring to deal in the rental of automobile
or other motor vehicle parking space shall first obtain a license
from the Town Council and to that end shall make application to the
Town Clerk for such a license. When granted by the Town Council, such
license shall be issued by the Town Clerk to deal in the rental of
automobile parking space for daily or Sunday operation, for a period
from the date of the issuance of the license until December 1 next
following. The license shall specify the premises for which the same
is granted and the number of motor vehicles to be parked thereon as
considered in fixing the fee for such license.
B.
Upon application for a parking lot license, or renewal
thereof, the owner of the property shall submit to the Zoning Official,
for approval, a certified plot plan showing the exact dimensions of
the lot, with the location of all buildings and/or the proposed location
of portable toilet facilities on the property. Portable toilet facilities
shall be located at the furthest point possible away from any residences
or restaurants.
[Amended 3-25-2013 by Ch. No. 1783; 9-18-2017 by Ch. No. 1901]
C.
Before an application for a parking lot license is
accepted by the Town Clerk's office, the Zoning Official will
determine the number of spaces allowed, with such number of spaces
to be recorded on the license application and on an approved copy
of the plot plan.
D.
A copy of the approved plot plan is to be kept on
file with the application in the Town Clerk's office.
The fees shall be as specified in Chapter 121, Fee Schedule, and shall be paid to the Town Clerk and by him remitted to the Town Treasurer for each license issued in accordance with the provisions of this article.
Such licenses shall be granted and held on the
following terms and conditions:
A.
No licensee shall knowingly permit any person to violate
any provision of law, ordinance or regulation on the licensed premises.
B.
No licensee shall, and no licensee shall permit any
person to, solicit rental of such automobile parking space on the
sidewalk or highway adjoining the licensed premises, or in any other
manner beyond the boundaries of such parking space excluding said
sidewalk or highway.
C.
No licensee shall, and no licensee shall permit any
person to, attempt to attract the attention of any driver of any motor
vehicle while the same is in motion, except by a sign which shall
be approved by the Chief of Police and located as he may direct on
the licensed premises with due regard to the safety of persons and
vehicles using such premises or the highway.
D.
Conduct of licensed premises shall be strictly in
accordance with all health and safety requirements, including regard
to danger that might arise during fire or other calamity requiring
speedy and safe removal of persons and vehicles using said premises,
and the extraordinary demands made upon Fire and Police Departments
by use of such premises for parking. Failure to comply with proper
instructions of any duly appointed Police, Health or Fire Department
official will be grounds for revocation or suspension of any license.
E.
Every licensee within the Watch Hill, Misquamicut,
Weekapaug, and Shelter Harbor Fire Districts shall provide on the
licensed premises one toilet for each sex for every 100 parking spaces
or fraction thereof which may be connected to an approved sewage disposal
system or may be a portable toilet facility. A "portable toilet facility"
is defined as a modern, portable, self-contained, commercially manufactured
temporary toilet facility which is either freestanding or on a trailer.
[Added 3-25-2013 by Ch. No. 1783; 9-18-2017 by Ch. No. 1901]
F.
Toilet
facilities, including portable toilets, shall be flytight, well lighted,
properly ventilated, plainly marked, properly equipped and supplied,
kept in a sanitary condition at all times and locked daily upon closure
of the parking lot. Portable toilets, such as port-a-johns and other
freestanding units, shall be enclosed by no less than a six-foot fence
or screening of similar height and shall have a hand-washing station.
Further, all portable toilet facilities shall be removed from the
premises every year upon closure of the parking lot or by October
31, whichever occurs first, or by order of the Director of Public
Safety in the event of a weather emergency.
[Added 3-25-2013 by Ch. No. 1783[1]]
G.
Every licensee who makes available for rental automobile
parking spaces for use after dark shall provide lighting which shall,
in the opinion of the Chief of Police, be adequate for protection
of persons and property.
H.
Every licensee within the Watch Hill, Misquamicut,
Weekapaug and Shelter Harbor Fire Districts who shall make available
for rental automobile parking spaces for use after dark shall provide
such attendants or special police as the Chief of Police determines
to be necessary to assure good order and security for persons and
property.
Any license granted hereunder shall be presented
for inspection upon demand of any Police, Health or Fire Department
official, and shall be displayed in a conspicuous place on the premises
licensed.
Any licensed person or his designated agent
who shall violate the terms of the license required by this article
shall on demand surrender to the Chief of Police or the Deputy Chief
of Police the license granted, and such license shall be suspended
from the time of demand until the next meeting of the Town Council,
at which time the licensee shall appear before the Town Council to
show cause why such license should not be revoked or suspended further.
This article shall not repeal, abrogate, annul
or in any way impair or interfere with any existing provisions of
law or ordinance or any regulations previously adopted or issued or
which shall be adopted or issued pursuant to law relating to the use
of land or buildings, provided that where this article imposes a greater
restriction upon the use of land or buildings than are imposed or
required by existing provisions of law or ordinance, the provisions
of this article shall control, but any licensee dealing in the rental
of parking space under a valid license issued and remaining in force
under this article shall be deemed to be a duly licensed dealer in
automobile parking space within the meaning of any other provision
of law or ordinance.
Any person who shall violate any provision of
this article or any regulation or condition effective with respect
thereto or any provision of Title 5, Chapter 23, of the General Laws,
shall be fined not less than $50 nor more than $200 for each offense.
Any person who shall otherwise violate any law or ordinance shall
be punished as provided by law, and no provision hereof shall be deemed
effective to excuse any such violation by any unlicensed person, or
any violation of other law or ordinance by any licensee except as
herein specifically provided for licensed dealings which might be
unlawful if not so licensed. This article shall be construed liberally
in aid of its declared purpose, which declared purpose is to correct
a situation involving danger to life and property and a source of
nuisance from the unregulated conduct of automobile parking space
in the Town with consequent unusual demands upon the Police, Health
and Fire Department officials especially during summer months.
[Adopted 8-13-1991 by Ch. No. 983 as § 8-29 of
the 1991 Code (Ch. No. 1215)]
No motor vehicle may be parked or permitted
to be parked on any commercial lot, store, business or premises for
the purpose of advertising that motor vehicle for sale, except on
a commercial property which is solely or primarily dedicated to the
sale of new or used motor vehicles.
For the purposes of this article, an "offense"
shall be defined as the parking of one motor vehicle in any one day.
Any person or property owner who violates this
article shall be guilty of a misdemeanor and upon conviction shall
be fined not less than $25 nor more than $50 for each offense.
