[Adopted 6-14-2004 by Ord. No. 2004-9]
Pursuant to Section 19-8 of the Charter of the Town of Johnston, the ordinances of the Town of Johnston of a general and permanent nature adopted by the Town Council of the Town of Johnston, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 340, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Johnston," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1979 Code and all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of the Code in loose-leaf form has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Town of Johnston by impressing thereon the Seal of the Town, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Town, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Johnston" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Clerk of the Town of Johnston, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Town. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Town Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Johnston to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 30 days.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Johnston which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to 5-12-2003.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Town's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
Town of Johnston Ordinance Nos. 2002-10, 2002-14, 2002-15, 2002-18, 2002-19, 2002-26, 2003-4 and 2003-5, if properly adopted by the Town and still in force and effect.
In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to Section 19-8 of the Charter of the Town of Johnston, certain grammatical changes and other minor 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.
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-14-2004 by Ord. No. 2004-9." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
Nomenclature. Except as noted in Schedule A, any references throughout the Code to "Traffic Violations Bureau" or "Police Court" are updated to read "Municipal Court."
Penalties. The following sections are amended or added to provide that "Anyone convicted of a violation of any of the provisions of this chapter [or article] shall be punishable as provided in Chapter 1, General Provisions, Article II, of this Code": §§ 88-3; 88-10; 88-12; 91-4; 107-3; 125-8; 125-15; 129-8; 145-2; 158-18; 161-5; 164-5; 169-5; 213-19; 245-1 through 245-7; 269-19; 291-12C; 295-32; 300-3; 316-16; and 325-1.
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:
- The words "the Town" or "this Town" shall be construed as if the words "of Johnston" followed them.
- 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 is Sunday.
- Town Council of Johnston.
- 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 now has, or shall hereafter acquire, jurisdiction for all 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 a servant, agent or employee.
- "Land" and "real estate" include 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.
- OR, AND
- "Or" may be read "and" and "and" may be read "or," if the sense requires it.
- Applied to a building or land, shall include 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.
- Associations, societies, clubs, firms, partnerships and bodies politic and corporate as well as individuals.
- PERSONAL PROPERTY
- Includes every species of property except real estate, as herein defined.
- PRECEDING, FOLLOWING
- Next before and next after, respectively.
- Includes real, personal and mixed estates and interests.
- PUBLIC PLACE
- Includes any park, cemetery, school yard or open space adjacent thereto and any lake or stream.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- 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.
- STATE LAW REFERENCES
- Whenever reference is made to the "General Laws" or "Gen. Laws," this shall mean the General Laws of Rhode Island, 1956, as amended. Whenever reference is made to "Public Laws" or "P.L.," this shall mean the Public Laws of Rhode Island.
- The State of Rhode Island.
- Streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the Town.
- TENANT or OCCUPANT
- Applied to a building or land, shall include 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.
- 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.