Town of Charlestown, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Charlestown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 91.
Permits — See Ch. 147.
Subdivision of land — See Ch. 188.
Trailer parks — See Ch. 197.
[Adopted 8-14-1979 as Ch. 10 of the Code of Ordinances]
The provisions of this chapter shall be in addition and supplemental to all other provisions of this Code.
[Amended 6-12-1989 by Ch. 171]
It shall be unlawful for any person, except city employees in the course of their employment, to open, dig into, remove the surface from, excavate or bore or tunnel under any street, sidewalk, alley, public way or place without first obtaining a permit therefor from the Director of Public Works.
[Amended 6-12-1989 by Ch. 171]
The application for a permit required by this chapter shall contain such information as the Director of Public Works deems necessary and shall be accompanied by a fee in the amount set by ordinance by the Town Council.
[1]
Editor's Note: Current fees are available and on file in the office of the Town Clerk.
[Amended 6-12-1989 by Ch. 171]
In granting a permit required by this chapter, the Director of Public Works may impose reasonable regulations, including but not limited to:
A. 
The manner of making the excavation, boring or tunneling.
B. 
The location of the excavation, boring or tunneling.
C. 
Protection of underground utility installations.
D. 
The duration of the excavation, boring or tunneling.
E. 
Required safety precautions, such as barricades, lighting, warning devices, etc.
F. 
The extent and size of the excavation, boring or tunneling.
G. 
Steps to be taken to protect nearby property owners.
[Amended 6-12-1989 by Ch. 171]
When required by the Director of Public Works, the applicant for a permit under this chapter shall submit satisfactory evidence that he has sufficient assets or insurance to indemnify the town for any costs, losses or liabilities that it may incur by reason of such excavation and to satisfy any judgments or liabilities arising out of the excavation.
[Amended 6-12-1989 by Ch. 171]
It shall be the duty of the person making any excavation or doing any boring or tunneling hereunder to fill the excavation and restore the surface to a condition at least equal to the surface prior to the excavation or, in the case of boring or tunneling, to take such steps or precautions as are necessary to assure that there will be no sinking or shifting of the surface. If so required by the Director of Public Works, any person making an excavation or doing boring or tunneling shall furnish a deposit, bond or other security sufficient to assure compliance with this section; provided, however, that the town may elect to fill and resurface the excavation or take the necessary precautions and charge the cost thereof against the person making the excavation or doing the boring or tunneling.
In addition to any other penalty imposed by law, any person violating any provision of this chapter shall have his excavation permit revoked.
[Amended 6-12-1989 by Ch. 171]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished, for each violation, by a fine of not more than five hundred dollars ($500.) or by imprisonment for not more than thirty (30) days. The continuation of a violation of any provision of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.
[Adopted 7-11-2005 by Ord. No. 278]
INSPECTOR
The Director of Public Works or his/her designee shall be the sidewalk inspector for the Town.
SIDEWALK AREA
That portion of the highway between the property line and the edge of pavement of the highway which is set aside, laid out, or has a planned use for pedestrian traffic.
SIDEWALK
Any portion of the sidewalk area which has been made smooth by the application of cement, concrete, asphalt, brick, gravel, or other durable substance, compacted and made smooth.
The Charlestown Police Department shall have the authority to enforce the provisions of this section.
A. 
Removal of Snow. The owner, occupant or any persons having the care of any building or lot of land bordering on any street, highway, square or public place within the Town where there is a sidewalk shall, within the first eight (8) hours of daylight after the ceasing to fall of any snow, cause such snow to be removed. In the case of neglect to do so, the person responsible for causing such snow to be removed, after having received a written warning on a first offense, shall be subject to a fine of twenty dollars ($20.00); and additionally, for every hour after the expiration of the specified eight (8) hours that the snow shall remain on such sidewalk, such owner, occupant or other person shall pay a fine of two dollars and fifty cents ($2.50) per hour, not to exceed a maximum of one thousand dollars ($1,000.00) per occurrence. This section shall also apply to the falling of snow from any building. Each such owner, occupant or any persons having the care of any building or lot of land bordering on any street, highway, square or public place within the Town where there is a sidewalk shall be liable to the Town for all losses to the Town or recovery from the Town for damages to persons or property of others caused by such failure to remove the snow.
B. 
Removal of Ice. Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street, highway, square or public place shall be encumbered with ice, it shall be the duty of the owner, occupant or any person having the care of such building or lot to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the same with sand or some other suitable substance. If such owner or other person shall neglect to do so for the space of two (2) hours during the daytime, after having received a written warning for a first offense, he/she shall pay a fine of twenty dollars ($20.00) and a like sum for every day thereafter that the same shall continue to be an encumbrance. Each such owner shall be liable to the Town for all losses to the Town or recovery from the Town for damages to person or property of others caused by such failure to remove the ice.
A. 
No awning shall be placed or maintained over any sidewalk unless supports and every part of such awning shall be at least 7 1/2 feet above the sidewalk.
B. 
When any gravel, soil, mud, ashes, cinders, litter, debris, or obstructions of any kind shall be carried or washed by rain or otherwise deposited from any lot of land onto any sidewalk, square or public place within the town, the owners, occupants or persons having the care of any such lot of land shall, within 24 hours thereafter, remove such gravel, soil, mud, ashes, cinders, litter, debris, or obstructions of any kind from such sidewalk, square or public place.
C. 
Replacement and repair; issuance of order and notice. Owners of land fronting upon any street or highway accepted by the Town may be ordered by the Public Works Director to replace, repair or otherwise correct defects in any sidewalk adjacent to their land resulting from any intentional or negligent act on the part of the property owner or any other party acting on behalf of the property owner. Every such owner shall comply with the order of the Public Works Director within thirty (30) days after receipt of such notice unless the Public Works Director shall determine that an emergency exists, in which case five (5) calendar days shall be allowed to effect the work. Each such owner shall be liable to the Town for all losses to the Town or recovery from the Town for damages to person or property of others caused by such failure to repair or correct defects in any sidewalk adjacent to their land.
D. 
Appeal from order. Any owner of land who is aggrieved by any order to replace, repair or otherwise correct defects in any sidewalk adjacent to their land may petition the Town Council for a revision or modification of the aforesaid order. Such appeal shall be in writing and must be received by the Town Council within five (5) calendar days after said owner has received notice. If such appeal shall be denied, such owner shall have fifteen (15) days from the date of such rejection to effect such work.