A Public Hearing on the following proposed Ordinance(s) will be held before the Ordinance Committee on Thursday, June 13, 2024 on or about 6:30 p.m. in the City Council Chambers, City Hall, 869 Park Avenue, City Hall, Cranston, R.I. pursuant to Section 3.12 of the Cranston City Charter, for the purpose of considering the following items listed on the agenda. Remote participation is also available by using the logon information provided below as posted on the City’s website at www.cranstonri.gov and Secretary of State’s website at www.sos.ri.gov.
Please click the link below to join the webinar:
https://zoom.us/j/95594909236?pwd=YnZxeElJRUFRb1h5SzBZUjNrN3JtUT09
Passcode: 883405
Or One tap mobile :
+13092053325,,95594909236# US
+13126266799,,95594909236# US (Chicago)
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
+1 309 205 3325 US
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
+1 646 931 3860 US
+1 301 715 8592 US (Washington DC)
+1 305 224 1968 US
+1 689 278 1000 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US
+1 669 444 9171 US
+1 669 900 9128 US (San Jose)
Webinar ID: 955 9490 9236
International numbers available: https://zoom.us/u/aeRpqsxyr
Complete copies of proposed ordinance(s) are available for public review at the City Clerk’s Office, and the City’s website cranstonri.com under calendar by clicking on the meeting date.
“Individuals requesting interpreter services for the deaf or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”
Lammis J. Vargas
Ordinance Committee Chair
Tracy A. Nelson, CMC
City Clerk
PROPOSED ORDINANCE 05-24-02 IN AMENDMENT OF TITLE 2 OF THE CODE OF THE CITY OF CRANSTON, 2005, SECTIONS 2.08.260 AND 2.08.261, ENTITLED “BOARD OF CANVASSERS” AND “REGISTRAR”
(Operations Related to the Board of Canvassers and Registrar)
It is Ordained by the City of Cranston City Council as follows:
Section 1. Title 2, Chapter 02, Section 08 is hereby amended by modifying the following language in Section 2.08.260 and in Section 2.08.261:
2.08.260 - Board of Canvassers.
A. Each member of the board of canvassers shall receive a stipend in the amount of one thousand dollars ($1,000.00) in compensation for any city-wide regularly scheduled election conducted by the city, including a general election, primary, presidential preference primary, special primary, special election, referendum election, or recall election., including a general election, primary election, or a presidential preference primary, and for any special, recall, or referendum election, provided the special, recall, or referendum election is conducted city-wide. Members shall be paid a stipend of five hundred dollars ($500.00) for any other election conducted by the city that is not a city-wide election. The stipend shall be payable to the board member following the date of the primary or election for which it was earned.
1. The total stipend earned by any board member or by any alternate member in one calendar year shall in no circumstance exceed three thousand dollars ($3,000.00), regardless of the total number of elections conducted in that year.
1.2. For the purposes of this section, an “election conducted by the city” shall be defined as the period of time beginning with the first day of the declaration period for candidates, the date of certification by the board of ballot questions for a city-wide referendum, or the date of certification by the board of a valid city-wide recall petition, as the case may be, and concluding with the closing of polls on the date set for said election, provided that an election or primary is ultimately necessary and takes place.
2.3. A board member who serves for only a partial period of an election as defined in subsection (12) above shall receive a prorated portion of the stipend related to that election, calculated based on the total number of days served within the election period. In the event a primary election precedes a related general or special election, the prorated calculation for the general or special election shall begin the day following the closing of polls for the primary.
B. Each member of the board shall receive a stipend in the amount of two one hundred dollars ($200.00 100.00) in compensation for any calendar year in which no election conducted by the city, as defined in subsection (A), takes place, provided that said board member serves at least two hundred (200) days in that calendar year. A member of the board serving fewer than two hundred (200) days shall receive a stipend of one hundred fifty dollars ($100.00 50.00). The stipend shall be payable to the member in the month of January following the conclusion of the calendar year for which the stipend was earned, or upon the termination of the member’s service on the board. If the total stipend provided for by this section is less than the minimum provided for by R.I. Gen. Laws § 17-8-3, the stipend shall be increased to match the minimum stipend provided for by state law.
C. Each alternate member of the board shall receive a stipend of one hundred fifty dollars ($100.00 50.00) five dollars ($5.00) per day in compensation in any calendar year, or the minimum provided for by R.I. Gen. Laws § 17-8-3, whichever is greater. for every day’s attendance in the discharge of the member’s respective duties, in accordance with R.I.G.L. § 17-8-3. The stipend shall be payable to the alternate member in the month of January following the conclusion of the calendar year for which the stipend was earned, or following the last scheduled election of the calendar year, or upon the termination of the member’s service on the board.
1. An alternate member who temporarily assumes the full responsibilities of a board member who resigns, dies, or is incapacitated for at least thirty (30) days within an election period or one hundred twenty (120) days outside of an election period, shall be paid as a regular board member on a prorated basis, calculated from the day the alternate assumes the responsibilities of the member, until the incapacitated member resumes their duties, or until a successor is duly appointed and qualified, as the case may be.
2. An alternate member who works throughout any election day shall additionally be paid a poll worker field technician stipend at the current rate for poll worker field technicians as established by the board, however, in no case shall the total stipend paid to any alternate member exceed the total stipend paid to a board member, except for as provided in subsection C (1) above.
2.08.261 – Registrar / Director of Elections.
The registrar shall be chosen appointed by the board of canvassers and confirmed by the City Council in accordance with R.I. Gen. Laws § 17-8-5 (a)(4) for a term of two four years commencing on the first Monday in January following each presidential general election and continuing until the registrar’s successor is appointed and confirmed. The registrar shall be the director of elections for the city, and as such shall have the following duties:
A. To serve as clerk to the board of canvassers, to keep an accurate record of its proceedings, and to provide guidance, research, and administrative support to said board in the conduct of all elections and voter registration matters as may be prescribed by law.
B. To serve as department head for the canvassing department authority, and to manage the staff and regular operations thereof.
C. To support the board of canvassers in maintaining compliance with state and federal laws pertaining to elections, and with the rules, regulations, and directives promulgated by the state board of elections and the Rhode Island Secretary of State.
D. To maintain, correct errors in, and continuously update the master street list used for assigning registered voters in the city.
E. To, under the oversight and at the discretion of the board of canvassers, oversee the maintenance and updating of the city’s voter rolls; administration of polling locations; selection and assignment of poll workers; assignment and delivery of voting equipment and supplies; placement of voting signage and accessibility fixes required by the state board of elections; set-up and arrangement of polling locations; establishment, combination, and relocation of polling locations; creation and placement of legal notices and advertisements related to elections; conduct of election day operations, early voting staff and operations, and administration of mail ballot application processing; post-election certification, write-in tabulation, provisional ballot adjudication, recounts, audits, records retention and authorized destruction; and any and all functions related to the conduct of elections in the city as required by state law, regulation, order, or directive.
F. To work collaboratively with the city’s information technology staff, police department, and partners in other government and law enforcement agencies to continuously improve the physical and cybersecurity posture of the city’s elections operations, technology, preparedness, and training.
G. To maintain active membership and participation in the state’s association of clerks and election officials; lobby the General Assembly to request changes to the state’s election laws when directed by the board of canvassers; and to the extent practicable represent the board of canvassers on task forces, committees, and special commissions when requested in order to improve the efficiency, integrity, accessibility, and accuracy of the elections process.
EH. The city registrar in addition to their regular salary, shall receive an additional annual stipend in the amount of six three thousand dollars ($6,000.00 $3,000.00) in any election year for any election conducted by the city, including a general election, primary, presidential preference primary, special primary, special election, referendum election, or recall election., either local, state, federal, or for a special election. No stipend shall be issued for a primary or special primary that is fully dispensed with in accordance with R.I. Gen. Laws § 17-15-11.
Section 2. This ordinance shall take effect upon its final adoption, however, the four-year term for the Registrar/Director of Elections shall not take effect until the term beginning on January 6, 2025.
Sponsored by: Council President Marino and Councilman Paplauskas
PROPOSED ORDINANCE 05-24-03 IN AMENDMENT OF CHAPTER 5.40 OF THE CITY OF CRANSTON, 2005, ENTITLED ‘Hawkers and Peddlers -Generally’ Section 5.40.140 ‘Soliciting at Houses’
It is Ordained by the City of Cranston City Council as follows:
Section 1. Chapter 5.40 Section 5.40.140 is hereby amended by deleting and adding the following:
5.40.140 - Soliciting at houses prohibited—Farmers and hucksters excepted.
It shall be unlawful for any peddler or itinerant person to go to any house in the city and to knock at or ring any bell thereof, or otherwise to induce the occupant thereof to come to or open any door thereof for the purpose of buying or selling or offering to buy or sell, peddle or barter, or to leave thereat or take therefrom any chattels, wares or merchandise, or for the purpose of delivering or leaving thereat any sample or inquiry concerning certain wares or merchandise for sale without permission of such occupants had or given. This section shall not be construed to affect any farmer or huckster with teams, who cries his or her wares along the street, or any local tradesperson who takes orders for his or her wares for immediate delivery from his or her shop.
(A) Permit Required: No person shall attempt to sell products or services by means of door-to-door solicitation, or employ or allow any other person to do so in the City, before first being issued a permit therefore from the City Council in compliance with this section.
(B) Definition: A person employed in the business of going door-to-door throughout the City to sell or take orders for any goods, services, or subscriptions, to be sold at the door or delivered at a future date, or one engaged in the taking of a poll or survey for commercial purposes shall be considered to be a person soliciting at houses under this section.
(C) Hours: To ensure the public safety, prevent crime, and provide for the peacefulness of the citizens of Cranston in their homes, no person shall engage in door-to-door solicitation before the hour of 9:00 a.m. or after the hour of 7:00 p.m. or sunset, whichever comes earlier; or on a Sunday or any state or national holiday.
(D)Application for Permit: Any person desiring a permit to canvass or solicit in the City shall file, on a form provided by the City Clerk, an application with the Clerk stating:
(1)Name of applicant;
(2) Permanent home address;
(3) Name and address of employer or firm represented;
(4) Place or places of residence of the applicant for the preceding three years;
(5) Date on which the applicant desires to commence canvassing or soliciting;
(6)Nature of the merchandise to be sold or offered for sale, and its place of manufacture, or the nature of the services to be furnished;
(7)Whether the applicant has ever been convicted of a crime, misdemeanor or violation of any ordinance, and if so, when, where, and the nature of the offense;
(8) Name of other communities in Rhode Island or any other state in which the applicant has worked as a solicitor or canvasser in the past three years.
(9) Said application shall also be accompanied by a letter or other written statement from the individual, firm, or corporation employing the applicant, certifying that the applicant is authorized to act as the employer's representative.
(10) No such application shall be filed more than three months prior to the date upon which canvassing or soliciting is to begin.
(E) Permit Issuance; Term; Fee; additional licenses for commercial businesses:
(1)Once an applicant has provided the necessary information to the City Clerk, the Clerk shall give the application to the Chief of Police. To ensure the public health, safety and welfare, the Chief of Police or his designate shall cause an investigation to be made of the information provided therein. He shall use any information available from any cities or towns in Rhode Island or any other state where the applicant has canvassed or solicited within the past three years. No permit shall be issued to any person who has a record of conviction for a felony or for a crime involving moral turpitude, nor shall any permit be issued to any business that has a record or conviction for consumer fraud. If, while the application is pending or during the term of any permit granted hereunder, there is any change in fact that would alter the information given in the application, the applicant shall notify the City Clerk in writing within 24 hours of such change. If an applicant is found to have canvassed or solicited over the past three years without criminal incident and has confirmed authority to solicit for a legitimate purpose, the Chief of Police shall endorse the application and the City Clerk shall issue a permit. No permit issued under this section shall authorize any person to solicit other than the one named therein. Every such permit shall be valid for the period of one year and shall expire the first day of March unless sooner revoked or voided under the provisions of this article. The fee for a permit to conduct door-to-door solicitation shall be $200.
(2) Upon proof by a commercial applicant to the City Clerk that he or she has an existing commercial business, then the fee for the issuance of any additional license or licenses granted pursuant to this article to that corporate applicant shall be $25 per additional license. Each separate license issued to a commercial applicant shall be subject to the provisions of this article.
(F) Photo Identification Card Requirement:
(1)Upon approval of the application by the Chief of Police, but before issuance of a permit by the City Clerk, each applicant shall provide to the Clerk a photograph. This photograph shall be incorporated into an identification card to be issued to the applicant by the City Clerk. The card shall be of plastic at least two by three inches; it shall contain, in addition to the photograph, the name of the person issued to; his address; the name of the employer represented; and a number corresponding to the number on the permit (permit number) issued; and the date of expiration of the permit. In the case of a corporation with several employees, each employee who is to solicit shall obtain a card. The card shall be worn on the outer garments, lapel, belt, or otherwise conspicuously displayed when soliciting.
(2)No person shall wear any identification card as referred to in the preceding section after the expiration or revocation of the permit represented by it. Any person who shall allow any identification card issued to him/her to be used by another person, to whom the card was not issued, for a purpose similar to that for which the card was issued, shall forfeit the identification card and the permit represented by the card. Any person holding a permit under this article who shall fail, upon proper demand of any police officer, to exhibit to such officer his or her identification card shall be deemed to have violated the provisions of this article.
(G) Hold Harmless Agreement Requirement: It is further required that any person applying for a permit under the provisions of this article sign a hold-harmless agreement indemnifying the City of Cranston, its officers, agents and employees from any liability arising out of or in the course of his or her business or the granting of a permit for same.
(H) Report and Record of Violations of this Section: The Chief of Police shall report to the City Clerk all violations and all convictions for violations, and the Clerk shall maintain a record for each permit issued and shall record the reports of violations therein.
(I)Authority of Permit Revocation-The City Clerk may decline to issue a permit, or may revoke permits issued under the provisions of this article, after notice and hearing for any of the following causes:
(1)Fraud, misrepresentation or false statement found contained in the application for a permit or in the course of carrying on the business of solicitation;
(2)Any violation of this article;
(3)Conviction of any crime or misdemeanor involving moral turpitude;
(4)Conducting solicitation or canvassing in a disorderly or unlawful manner, or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
(J)Hearings-
A hearing for either reconsideration in the denial of issuance of a permit, or for the revocation of a door-to-door solicitation permit, shall be held before an ad hoc committee of the City Council. Notice of the hearing for denial or revocation of a permit shall be given in writing, setting forth specifically the reasons for denial or the grounds of complaint and the time and place of hearing. Such notice shall be mailed first class, postage prepaid, to the applicant or permit holder at his last known address at least five days prior to the date set for hearing.
(K) Appeals-
Any person aggrieved by the results of a hearing on denial or revocation of a permit shall have the right of appeal to the full City Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Council shall set a time and place for the hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as in the preceding section. The decision and order of the City Council on such appeal shall be final and conclusive.
(L) Violations and Penalties:
Any person who violates any of the provisions of this article shall pay a fine of not more than $500, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense. Said violations shall be issued by the Cranston police department and heard by the Municipal Court.
(M) Exceptions being Religious or Charitable Organizations, Political Campaigns, Farmers, Dairy, Newspapers: Nothing in this article shall apply to any religious or charitable organization that has provided to the City Clerk evidence of a current exemption certificate from the Internal Revenue Service pursuant to Section 501(c)(3) of the Internal Revenue Service Code and has given the Clerk notice of its intention to canvass door-to-door; nor to any vendors of newspapers, milkmen, or farmers selling the produce of their farms or those engaged as part of a political campaign.
Section 2. This ordinance shall take effect upon its final adoption.
Sponsored by Council President Jessica Marino, Councilman Daniel Wall, and Councilman Robert Ferri
Comments
No comments on this item Please log in to comment by clicking here