Notice of Public Hearing

Posted Wednesday, June 26, 2013 1:00 pm

ORDINANCE COMMITTEE

NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinances will be held before the Ordinance Committee on Thursday, July 11, 2013 at 6:00 p.m. City Council Chambers, 869 Park Avenue, Cranston, R.I. pursuant to Section 3.12 of the Charter.

Complete copies of the Ordinances are available for public review at the City Clerk’s Office, and the Cranston Central Library and the City website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the hearing impaired must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

Paul H. Archetto, Chair Maria Medeiros Wall, JD

Ordinance Committee City Clerk

PROPOSED ORDINANCE 6-13-2

IN AMENDMENT OF TITLE 8.51

OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “HEALTH AND SAFETY”

(Emergency Management Commission)

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Title 8, entitled “Health and Safety” is hereby amended by adding thereto the following chapter:

Section 8.51 Emergency Management Commission

8.51.010 Creation. There is hereby created within the City of Cranston an Emergency Management Commission to carry out the duties and responsibilities set forth in Rhode Island General Laws Section 30–15–12.

8.51.020 Membership. The members of this Commission shall include each TWO members of the Cranston City Council, the Mayor of the City, the Chief of Police, the Chief of the Fire Department.

THE CITY COUNCIL MEMBERS OF THIS COMMISSION SHALL BE APPOINTED BY THE PRESIDENT OF THE COUNCIL. ONE MEMBER SHALL BE FROM THE EAST SIDE OF THE CITY AND ONE FROM THE WEST SIDE OF THE CITY. THE DIVIDING LINE BETWEEN EAST AND WEST FOR THE PURPOSES OF THIS ORDINANCE ONLY SHALL BE ATWOOD AVENUE, RI STATE HIGHWAY 5. THE THIRD MEMBER APPOINTED BY THE CONCIL PRESIDENT SHALL BE AN ALTERNATE MEMBER WHO SHALL SERVE IN THE EVENT EITHER OF THE TWO PRIMARY COUNCIL MEMBER APPOINTEES IS UNABLE TO SERVE.

8.51.030 Duties of the Commission. It shall be the duty of the commission to advise the Mayor on all matters pertaining to disaster preparedness. In providing advice to the Mayor, the commission shall, among other matters reasonably related to their authority, do the following:

(1) Establish a regular meeting schedule and form subcommittees as may be appropriate;

(2) Review emergency management plans and other matters as may be acted upon or otherwise provided for in this ordinance;

(3) Establish priorities and goals on emergency management matters on an annual basis;

(4) Study emergency management plans in conjunction with the Mayor, and otherwise conduct such other studies as may be deemed appropriate;

(5) Review the coordination of the City’s emergency management programs with appropriate authorized agencies and conduct studies on the programs as may be necessary;

(6) Review the plans and operations of the various Departments and agencies of the City in disaster preparedness in conjunction with the Mayor as required or necessary; and

8.51.040 Purposes of the Commission. – The purposes of this Commission are:

(1) To reduce vulnerability of people of Cranston to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action or acts of bioterrorism;

(2) To prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;

(3) To provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;

(4) To clarify and strengthen the roles of the Cranston City government in prevention of, preparation for, and response to and recovery from disasters;

(5) To authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;

(6) To authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of the City of Cranston, and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;

(7) To provide a disaster management system embodying all four (4) phases of emergency management: mitigation; preparedness; response; and recovery.

(8) To prepare for emergency health threats, including those caused by acts of bioterrorism, which require the exercise of extraordinary government functions;

(9) To provide the City of Cranston with the ability to respond rapidly and effectively to potential or actual public health emergencies or disaster emergencies.

8.51.050 Definitions. – As used in this chapter:

(1) “Disaster” means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man made cause, including but not limited to:

(i) Fire;

(ii) Flood;

(iii) Earthquake;

(iv) Wind, storm, wave action, oil spill, or other water contamination requiring emergency action to avert danger or damage;

(v) Volcanic activity;

(vi) Epidemic;

(vii) Air contamination;

(viii) Blight;

(ix) Drought;

(x) Infestation;

(xi) Explosion;

(xii) Riots;

(xiii) Hostile military or paramilitary action;

(xiv) Endangerment of the health, safety, or resources of the people of the City of Cranston;

(xv) Acts of bioterrorism;

(2) “Political subdivision” means any city or town in Rhode Island;

(3) “Unorganized militia” means all able-bodied persons between the ages of sixteen (16) and fifty (50) years; and

(4) “Bioterrorism” means the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, to cause death, disease or other biological malfunction in a human, an animal, a plant or other living organism.

8.51.060 Operations. The mayor, chief of police, and chief of the fire department shall provide all necessary staffing to enable the commission to carry out its responsibilities under this ordinance. This shall include providing emergency four-wheel drive transportation to members of the commission in the events that an emergency or disaster prevents the members of the commission from using their own vehicle to assess the emergent situation or other disaster situation.

Section 2. This Ordinance shall take effect upon its final adoption.

Sponsored by:

Councilman Archetto

PROPOSED ORDINANCE 6-13-3

IN AMENDMENT OF TITLE 8.08,

OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “HEALTH AND SAFETY”FIRE PREVENTION CODE

(Fire Pits)

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Title 8, entitled “Health and Safety” is hereby amended by adding thereto the following chapter:

8.08.200 FIREPITS

A. Fire Pits, Portable Outdoor Fireplaces, Barbecue Grilles, Chiminea, and Tiki Torches Fire pits (campfires or bonfires), portable outdoor fireplaces/fire pits, chimineas and Tiki torches are allowed at single family dwellings or duplexes in Cranston without a permit (these are strictly prohibited at multi-family dwellings).

B. The following guidelines shall be adhered to:

1. No person shall burn, or cause, or permit the burning of vegetation, leaves, wastes, or other combustible

2. A recreational fire (an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace/pit, and barbeque grill or barbeque pit) shall not be more than 3 feet in diameter by 2 feet high in dimension.

3. The minimum required distance for a recreational fire shall be 25 feet from any combustible material (i.e., house, fencing, decks, sheds, trees, tall grass, etc.).

4. Portable outdoor fireplaces/pits shall be used in accordance with the manufacturer’s instructions and shall not be operated within 20 15 feet of the property boundary line, a structure or combustible material. Neighbors can agree with one another to reduce or waive the minimum distance.

6. Burning shall not be conducted when wind speed exceeds 15 mph.

7. Fuel for a recreational fire shall consist only of seasoned dry firewood (dried at least six months) to minimize the generation of air contaminants.

8. The fire shall not be used for waste disposal purposes.

9. Any recreational burning shall be constantly attended until the fire is extinguished. Fire extinguishing equipment shall be available for immediate use.

10. The fire department shall prohibit burning which will be offensive or objectionable due to smoke or odor emission when atmospheric conditions or local circumstances make such fires hazardous.

11. The fire department shall order the extinguishment of recreational burning which creates or adds to a hazardous or objectionable situation.

12. Smoke can be offensive to our senior citizens, small children and to those with allergies or asthma. If your fire is bothering a neighbor, the fire department can be called out to check to see if your smoke is offensive and can ask that you put out your fire.

Section 2. This Ordinance shall take effect upon its final adoption.

Sponsored by:

Councilman Archetto

PROPOSED ORDINANCE 6-13-4

IN AMENDMENT OF TITLE 10, CHAPTER 32 OF THE CODE OF

THE CITY OF CRANSTON, 2005, ENTITLED “MOTOR VEHICLES

AND TRAFFIC”

(Macklin Street From Palmer Avenue To Suez

No through trucking)

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Chapter 10.12, Section .225 entitled “ Traffic Regulations for Specific Streets” is hereby amended by adding thereto the following:

10.12.225 - Through trucking—Trucks exceeding 33,000 pounds GVW.

A. The use of motor trucks exceeding thirty-three thousand (33,000) pounds gross vehicle weight (GVW), identified as ‘Class 8 - Heavy Duty - 10 tires or more’ by the USDOT in and upon the following streets or highways at any time is prohibited. Further, the motorized element used in the operation of these vehicles is restricted from being used upon the streets or highways or stored on abutting properties therein. The chief of police is directed to cause conspicuous signs to be placed on such streets or highways giving notice of such prohibition.

Macklin Street From

Palmer Avenue To Suez

1. Provided, however, that nothing contained herein shall affect the use of such streets or highways by any fire trucks, city public works department trucks, police vehicle, ambulance, or other motor truck using such streets or highways in any emergency, or engaged in delivering goods, wares, merchandise or materials to or from any residence, building or lot fronted by the above specified streets or highways.

Section 2. This Ordinance shall take effect upon its final adoption.

Sponsored by:

Councilman Santamaria

PROPOSED ORDINANCE 6-13-5

IN AMENDMENT OF TITLE 10, CHAPTER 32 OF THE CODE OF

THE CITY OF CRANSTON, 2005, ENTITLED “MOTOR VEHICLES

AND TRAFFIC”

(No Parking on Florida Avenue, West Side )

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Chapter 10.32, Section .040 entitled “No Parking on Certain Streets—Generally” is hereby amended by adding thereto the following:

10.32. Section .040 - No Parking on Certain Streets—Generally.

No vehicle shall remain standing for any period of time within or upon any of the following streets or highways or parts thereof: