Ordinance Adopted

Posted Wednesday, June 12, 2013 5:49 pm

City of Cranston

ORDINANCE ADOPTED

Pursuant to Section 3.15 of the City Charter, notice is hereby given of the Final Adoption of the following Ordinances.

Complete copies of the Ordinances are available for public review at the City Clerk’s Office and the Cranston Central Library.

Maria Medeiros Wall, JD

City Clerk

ORDINANCE NO. 2013-16 IN AMENDMENT OF TITLE 8 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “HEALTH AND SAFETY”

(Waste Haulers Hours of Operation)

Passed: May 28, 2013

Approved June 6, 2013 pursuant to 3.14 of the City Charter

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

Section 1. Chapter 8.12, Section .020 entitled “Refuse Pick up hours” is hereby amended as follows:

8.12.020 - Refuse pickup hours.

A. No person shall pick up or remove, nor shall any person cause or allow to be picked up or removed, any refuse, rubbish or trash from any commercial or industrial establishment between the hours of 10:00 p.m. and 7:00 a.m. if such establishment is located within two hundred (200) feet of a dwelling.

B. Any person, partnership, or corporation who shall violate any of the provisions of this chapter or fails to comply with any of the requirements thereof, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) for each such offense, and each day such violation shall exist shall be deemed a separate offense.

Section 2. Chapter 8.20, Section .010 entitled “ Noise—Unnecessary, annoying, etc., noises prohibited.” is hereby amended as follows:

G. Prohibited Noise Activities. The following activities are prohibited notwithstanding the sound pressure levels specified in Table A:

1. Vehicle Horns. No person shall, at any time, sound any horn or other audible signal device of a motor vehicle unless it is necessary as a warning to prevent or avoid a traffic accident.

2. Truck Idling. No person shall operate an engine of any standing motor vehicle with a weight in excess of ten thousand (10,000) pounds manufacturer’s Gross Vehicle Weight (GVW) for a period in excess of ten (10) minutes when such vehicle is parked on a residential premises or on the public premises next to a residential premise; provided, however, that vehicles confined and operated within an enclosed structure shall not be subject to the provisions of this section.

3. Exhaust Discharge. No person shall discharge into the ambient air the blow-down at any stream or the exhaust of any stationary internal combustion engine or air compressor equipment, unless such discharge be through a muffler of the approved type as defined by Section 36-2(16) or through an apparatus providing equal noise reduction. (See Editor’s Note at end of this section.)

4.Trash Compacting and Collection. No person shall operate any trash compacting mechanism on any motor vehicle or on any premise, nor shall any person engage in any commercial or industrial site trash, rubbish or garbage collection activity between the hours of 10:00 p.m. and 6:00 7:00 a.m., when such compacting or collection activity takes place on any premises next to or across the street or alley from a residential premise.

5. Personal or commercial music amplification or reproduction equipment shall not be operated in such a manner that the sound is plainly audible or disturbs any neighborhood or person(s) of average sensibilities at a distance of fifty (50) feet in any direction from the operator and/or the property line of the property on which the application equipment is located between the hours of 8:00 a.m. and 9:00 p.m. Between the hours of 9:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible at a distance of twenty-five (25) feet in any direction from the operator and/or the property line of the property on which the application equipment is located.

A violation may be found and a summons issued on the basis of two formal complaints made to any police officer. All formal complaints pertaining to a violation under this section, shall be made in writing to any police officer, and no formal complaint shall be taken and no summons shall be issued for any violation unless there are at least two or more formal complaints by witnesses residing in separate domiciles who has signed such a formal complaint, notwithstanding the present authority of a police officer to issue summonses.

6. Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of fifty (50) feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible by any person other than the operator.

Section 3. This Ordinance shall take effect upon its final adoption.

Sponsored by:

Councilman Santamaria

Co-Sponsored by:

Councilmen Archetto, Botts,

Council Vice-President Farina and

Council President Lanni

ORDINANCE NO. 2013-17 IN AMENDMENT OF TITLE 5, OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “BUSINESS LICENSES AND REGULATIONS” (FIRE WORKS VENDOR LICENSE)

Passed: May 28, 2013

Approved: June 6, 2013 pursuant to sec. 3.14 of the City Charter

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

Section 1. Title 5, Chapter 7 entitled “ FIREWORKS VENDORS” is hereby amended as follows:

5.70.040- License Application

A Cranston fireworks vendor’s license shall be made in writing to the office of the Cranston city clerk.[The application will be issued administratively by the city clerk, ]and must include the name of the applicant, the name of the applicant’s business, the location of where the fireworks will be sold, and any and all fire prevention devices which will be featured on-site. The property where the fire works will be sold and/or stored must be a permanent structure [will be] in compliance with the Rhode Island State Fire Code (risfc), as certified by the City Fire Prevention Office. The application for sale shall include a certificate from the City Fire Prevention Office stating compliance Applicants must be at least eighteen (18) years of age. In determining whether to issue the license, the city clerk may consider whether the vendor, or his business has had a past fireworks vendor’s license revoked under section 5.70.070 of the Cranston Municipal Code.

Any vendor denied a fireworks vendor’s license shall have the right to appeal to the Cranston city county safety services committee.

5.70.050-License Restrictions.

A Cranston fireworks vendor’s license will only be issued and valid for one business address which must be a permanent structure. No fireworks shall be sold or stored in a “temporary structure” which is defined to mean any building or part thereof, tent, trailer, motor vehicle, enclosure, or structure which is not permanently affixed to the land.

If vendors have multiple retail establishments within Cranston, they must apply for multiple fireworks vendor’s licenses if they wish to sell at each location.

B. No person who has a license as a hawker or stationary peddler shall sell, carry or store fireworks inside a temporary structure in the City of Cranston.

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