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Town
Ordinances
You
may request a full copy of The Code of Ordinances of the Town of
Narragansett by contacting the Narragansett Town Hall or visiting the
website at http://www.narragansettri.com/townhall/clerk.htm.
The
Rhode Island State Laws are available at http://www.rilin.state.ri.us/Statutes/Statutes.html.
As stated in
The Code of Ordinances of the Town of Narragansett, Rhode Island,
entitled “Noise,” Sec. 22-41.
Statement of policy:
1.
Excessive noise is a serious hazard to the public health,
safety, and welfare and the quality of life in a close urban society.
2.
A substantial body of science and technology exists by which
excessive noise can be substantially abated without serious
inconvenience to the public.
3.
Certain of the noise producing equipment in this community is
essential to the quality of life and should be allowed to continue at
reasonable levels with responsible regulation.
4.
Each person has a right to an environment reasonably free of
noise which jeopardizes health or welfare or unnecessarily degrades
the quality of life.
5.
It is the declared policy of the town to promote an environment
free from excessive noise, otherwise properly called noise pollution,
which unnecessarily jeopardizes the public health, safety and welfare
and degrades the quality of the lives of the residents of this
community without unduly prohibiting, limiting or otherwise regulating
the function of certain noise producing equipment which is not
amendable to such controls and yet is essential to the quality of life
in the community.
As stated in
Section 22-46. Noise Disturbances prohibited:
a)
No person shall make, continue or cause to be made or
continued, except as permitted in this article, any noise or sound
which constitutes a noise disturbance.
In the absence of specific maximum noise levels, a noise level
must exceed the ambient noise level by five dBA or more, when measured
at the nearest property line or, in the case of a multi-family
residential building, when measured anywhere in one dwelling unit with
respect to a noise emanating from another dwelling unity or from
common space in the same building, in order to constitute a noise
disturbance.
b)
Any person, including a police officer, or a municipal zoning
or building official, may be a complainant for the purposes of
institution action for any violation of this chapter. For any violation of this section, the receiving land use
involved may include real property contiguous to, or bounding the real
property containing the source of the sound which is the subject of
the violation.
As stated in
Section 22-60. Penalty for violation of article:
The penalty for
violation of any section of this article shall be up to the maximum
allowed by state law for municipalities to impose on ordinance
violations as follows:
1.
The first offense shall be punished by the issuance of an order
to cease and desist the violations and by a fine of up to $200.00 or
imprisonment of not more than thirty (30) days.
2.
The second offense within a six-month period shall be punished
by the issuance of an order to cease and desist the imprisonment of
not more than thirty (30) days.
3.
The third and all subsequent offenses shall be punished by the
issuance of an order to cease and desist the violation and a fine of
not less than $400.00 or imprisonment of not more than thirty (30)
days.
Each noise
disturbance shall be considered a separate offense.
Notwithstanding the above, any violation of this chapter which
occurs in an area zoned residential by the Zoning Ordinance of the
Town of Narragansett shall be subject to a minimal mandatory fine of
$500.00
As stated in
Section 46-10. Loud or unruly gatherings-public nuisance:
It shall be a
public nuisance to conduct a gathering of five (5) or more persons on
any private property in a manner which constitutes a substantial
disturbance of the quiet enjoyment of private or public property in a
significant segment of a neighborhood, as a result of conduct
constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or
traffic, obstruction of public streets by crowds or vehicles, illegal
parking, public drunkenness, public urination, the service of alcohol
to minors, fights, disturbances of the peace, and litter.
A
gathering constituting a public nuisance may be abated by all
reasonable means including, but not limited to, an order requiring the
gathering to be disbanded and citation and/or arrest of any law
violators under any applicable ordinances and state statutes.
The Narragansett
Police Department typically gives a courtesy warning if the police
department responds to your residence for a noise disturbance or loud
party. If they respond
back to the same residence during the same night/day, the
renters/owners are charged and issued a summons for Municipal Court.
This policy is subject to officer discretion to include size of
the party, renter/owner cooperation and frequency of call to the
residence in the past.
Your residence
will be placed on the Nuisance House List if any or all of the
following occur:
1.
The renters/owners host a large party.
2.
The renters/owners are uncooperative when the police department
responds to the residence for a noise disturbance/loud party.
3.
The police department has received repeated calls of noise/loud
parties at the same residence.
Once placed on the
list, if the police department responds to the residence during the
60-day period the renters/owners will be cited to Municipal Court. No courtesy warning will be given during the 60-day period.
If the police department does not respond back to the residence
after the 60-day period has expired the residence will be taken off
the Nuisance House List. If
the police department does respond to the residence for a noise/party
complaint during the 60-day period the renters/owners will be charged
for each subsequent occurrence:
1.
First offense minimum mandatory $250 fine.
2.
Second offense minimum mandatory $350 fine.
3.
Third and subsequent offenses minimum mandatory $500 fine.
After
a residence has been placed on the Nuisance House List a notice of the
intervention shall be posted on the residence for the 60-day period.
If the notice is removed or defaced during the 60-day period
there shall be a minimum mandatory $100 fine for each occurrence.
All residences
placed on the Nuisance House List are subject to random noise meter
checks without warning during their duration on the list.
If a residence is found to be in violation the renters/owners
will be cited to Municipal Court.
It
is hoped that this procedure will decrease the frequency and size of
disturbances in the Town of Narragansett
Note: The
Nuisance House List is public information and may be used by property
owners and realtors to refuse housing to students on the list.
As stated in
Section 47-2, Permit to Possess Kegs Required:
Any individual of
lawful age under the laws of the State of Rhode Island may possess a
keg in a residentially zoned area or dwelling unit within the Town of
Narragansett after first having obtained a permit and permit sticker
from the Office of the Town Clerk.
As stated in
Section 47-11, Penalties:
Any violation of
this section shall be punishable by a fine not to exceed the maximum
allowable in the Narragansett Municipal Court and/or imprisonment of
not more than thirty days.
State
Laws
The
Rhode Island State Laws are available at http://www.rilin.state.ri.us/Statutes/Statutes.html.
te: This is a new State Law which makes it possible for
landlords to evict tenants for a lease violation after
20 days if the lease violation is not remedied.
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As
stated in Section 34-18-36*. Eviction for noncompliance with rental
agreement:
(a) Except
as provided in this chapter, if there is a material noncompliance by
the tenant with the rental agreement or a noncompliance with section
34-18-24 materially affecting health and safety, the landlord shall
deliver a written demand notice to the tenant, specifying: (1) The
acts and/or omissions constituting the breach of the rental agreement
or of section 34-18-24; (2) The acts, repairs, or payment of damages,
which are necessary to remedy the breach; and (3) That unless the
breach is remedied within twenty (20) days of mailing of the notice
the rental agreement shall terminate upon a specified date, which
shall not be less than twenty one (21) days after the mailing of the
notice.
(b) Unless
it is a violation of section 34-18-24(8), (9), or (10), if the tenant
adequately remedies the breach before the date specified in the
notice, the rental agreement shall not terminate. If the breach is not
remedied, the landlord may commence an eviction action, which shall be
filed no earlier than the first day following the termination date
specified in the written demand notice.
(c) The
summons shall be in the form provided in section 34-18-56(h) and shall
specify that the tenant has twenty (20) days from the date of service
in which to file his or her answer to the complaint, and that if he or
she fails to file his or her answer within that time, he or she will
be defaulted.
(d) Except
as provided in this chapter, the landlord may recover possession,
actual damages and obtain injunctive relief for noncompliance by the
tenant with the rental agreement or section 34-18-24.
(e) If
substantially the same act or omission which constituted a prior
noncompliance, of which good faith notice was given, recurs within six
(6) months, the landlord may terminate the rental agreement upon at
least twenty (20) days' written notice, specifying the breach and the
date of termination of the rental agreement. No allowance of time to
remedy noncompliance shall be required.
(f) If the tenant has
violated section 34-18-24(8),
(9), or (10), or if the tenant (i) is a seasonal tenant occupying the
premises pursuant to a written lease agreement which commences no
earlier than May 1st of the occupation year and expires no later than
October 15th of the occupation year, or commences no earlier than
September 1st and expires no later than June 1st of the next
subsequent year, with no right of renewal or extension beyond the
above dates; and (ii) has been charged with violating a municipal
ordinance or has otherwise violated the terms of the rental agreement
pertaining to legal occupancy or excessive
noise or other disturbance of the peace, the landlord shall not be
required to send a notice of noncompliance to the tenant and may
immediately file a complaint for eviction in a form substantially
similar to that provided in section 34-18-56(e) and seek the relief
set forth in subsection (d).
There
are also laws that deal with alcohol sales, purchase, and consumption.
If one violates any of these laws, the result is a criminal
penalty. The legal
limit for Driving While Impaired is .02%, if you are under 21.
For drivers over 21, the legal limit for driving has just
changed to .08%. It is
also illegal to sell or serve alcohol to, or purchase alcohol for
anyone under the age of 21.
If you provide a fake ID to someone under the age of 21 in
order to purchase alcohol or gain admittance to a private club, your
license may be suspended!
It
is illegal to sell alcohol without a permit as well. This means that if you are thinking about charging money per
person at your next party to offset the price of the alcohol, remember
that it is illegal. If
you do decide to have a party in which alcohol will be served, YOU
will be responsible for the actions and the safety of your guests.
YOU will also be held responsible by the Town of Narragansett
and by the University of Rhode Island.
·
Misstatement of age
(under 21) on licensed premises
·
Minor entering a liquor
establishment to purchase alcoholic beverages
·
Possession of alcoholic
beverage by a minor
·
Purchasing/procuring
alcoholic beverages for a minor (FELONY)
·
Transportation of
alcoholic beverages in a motor vehicle by any person under 21
Penalties for
anyone over 21 Driving Under the Influence (DUI):
·
1st Offense:
License suspended for 3-6 months and/or fine of $200 to $500;
10 to 60 hours of community service; a course on driving while
intoxicated and/or alcohol or drug treatment.
Subsequent offenses have increasing penalties.
Penalties for
anyone 18 to 21 Driving While Impaired (DWI)/(Blood Alcohol Content at
least .02% but less then .10%):
·
1st Offense: License
suspended for 1-3 months, a fine of $250, 30 hours of community
service, attendance at a course “Driving While Intoxicated”
(District Court Judge’s discretion); take part in an alcohol-drug
treatment program (District Court Judge’s discretion).
Subsequent offenses have increasing penalties.
Penalties for
refusal to submit to a chemical test:
·
OVER 21/1st OFFENSE:
Same as those for DUI/DWI
·
UNDER 21/1st OFFENSE:
Same as over 21 with a six-month license suspension
Drinking
in Public
Ch.13, Sec. 13-9
1. $100 Fine
2. $100-$200 Fine, and
or 30 Hours of Community Service (CS)
Misstatement of Age
3-8-6
1.
$100 Fine,
and or 20 Hours CS, and or Up to One Year Loss of Drivers License
2.
$100-$200
Fine, and or 30 Hours CS, and Mandatory 30 Day Loss of Drivers License
Consuming Alcohol by Minor 3-8-6
1.
$100 Fine and
60 Day Loss of Drivers License.
2.
100-$200
Fine, and or 30 Hours CS
Possession of Alcohol by Minor 3-8-10
1.
$100 Fine and
60 Day Loss of Drivers License.
2.
$100-$200
Fine, and or 30 Hours CS
Purchasing/Procuring
Alcohol for Minor (FELONY) 3-8-11.1
1.
Up to 1 Year
in Jail, and or Up to $1,000 Fine
Sale of Alcohol by Unlicensed Person
3-5-1
1.
$100-$500
Fine, and or 20 Hours CS
2.
$500 Fine,
and or 30 Hours CS
Disturbing the Peace/Loud Parties Ch.13,
Sec.13-3
1.
Up to $500
Fine + $55 Court Costs (Per Renter)
2.
Up to $500
Fine + $55 Court Costs, and or 20 Hours CS
3.
Up to $500
Fine + $55 Court Costs, and or 30 Hours CS
Disorderly Conduct 11-45-1
1.
Up to 6
Months in Jail, and or Up to $1,000 Fine
Failure to Disperse
Ch.13, Sec.13-5
1.
Up to $500
Fine + $55 Court Costs
2.
Up to $500
Fine + $55 Court Costs, and or 20 Hours CS
Permit To Possess Kegs Required
Ch.47, Sec.47-2
1.
Up to $500
Fine + $55 Court Costs, and or not more than thirty (30) days in jail.
Noise
Ordinance
Ch.22 Sec.22
1.
Up to $200 Fine + $55 Court Costs, or thirty (30) days in jail.
2.
Not less than $350 Fine + 55 Court Costs, or 30 days in jail.
3.
Not less than $400 Fine + 55 Court Costs, or 30 days in jail.
Any
violation in an area zoned residential shall be subject to a minimal
fine of $500. 60 dba Day.
50 dba Night (after 10 pm)
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