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Safety services and licenses committee

SAFETY SERVICES &

LICENSES COMMITTEE

A Public Hearing will be heard before the Safety Services & Licenses Committee on Monday, August 6, 2012 at 7 p.m.. Cranston Council Chambers, City Hall, 869 Park Avenue, City Hall, Cranston, R.I. pursuant to Section 3.12 of the Charter on the following proposed Ordinance.

Complete copies of the Ordinances are available for public review at the City Clerk’s Office, Cranston Central Library and on the City website: cranstonri.com

“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.”

Richard D. Santamaria, Jr., Maria Medeiros Wall, JD

Chair, Safety Services & City Clerk

Licenses Committee

PROPOSED ORDINANCE 7-12-1 IN AMENDMENT OF TITLE 5, OF THE CODE OF THE CITY OF CRANSTON, 2012, ENTITLED “BUSINESS LICENSES AND REGULATIONS” (FIRE WORKS VENDOR LICENSE)

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 by adding thereto the following:

5.70.010- Definitions

“Fireworks” means any exploding firework device which may be lawfully sold in Rhode Island, including the following: ground-based and hand-held sparkling devices (non-aerial fireworks) as defined in APA 87-1 2001 Edition sections 3.1.1 and 3.5, and include the following: fountains, illuminating torches, wheels, ground spinners, flitter sparklers, sparkers; novelties, which are defined in the APA 87-1 2001 Edition section 3.2 and include the following: party poppers, snappers, toy smoke devices, snakes, glow worms, wire sparklers and dipped sticks; paper caps containing not more than twenty-five hundredths (0.025) grains of explosive mixture ammunition to be consumed by weapons used for sporting and hunting purposes, and model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models, or any other Firework deemed legal for sale under § 11-13 of the Rhode Island General Laws.

“Vendor” means any business, person, or entity within the City of Cranston engaged in the sale or distribution of fireworks.

5.70.020- License Required

It shall be unlawful for a vendor to sell or offer for sale fireworks without first having obtained a fireworks vendor’s license pursuant to this chapter. Fee for the city license shall be fifty dollars ($50) per year.

5.70.030- Unlicensed Sale of Fireworks

Failure to obtain a fireworks vendor’s license or failure to timely renew a fireworks vendor’s license with the City of Cranston shall result in a fine of two hundred dollars ($200).

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. 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. 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.

5.70.060- Prohibitions applicable to license holders, their employees and agents

A person who holds license issued under this chapter, or any employee or agent of same, is prohibited from selling, distributing or delivering any fireworks to any individual that is under sixteen (16) years of age.

A person who holds license issued under this chapter, or any employee or agent of same, is prohibited from selling, distributing or delivering any firework device which is unlawful in the State, specifically ground and aerial displays outlawed by § 11-13-1 of the Rhode Island General Laws.

5.70.070- Revocation of license

A fireworks license will be revoked if the vendor, or any employee or agent of the same, is found to be in violation of section 5.070.060 of this Chapter. No fireworks vendor’s license will be issued to the business address used in the application for one (1) calendar year from the revocation date of the license.

Any vendor who has their fireworks vendor’s license revoked shall have the right to appeal to the Cranston city county safety services committee.

5.70.080- License Duration and Display

A fireworks vendor’s license shall be valid for one (1) year. Every seller of fireworks, licensed under the provisions of this Chapter, shall display in a conspicuous place within such establishment, the license granted.

5.70.090- Enforcement

The Cranston police department shall enforce this chapter.

Section 2. This Ordinance shall take effect on August 1, 2012.

Sponsored by: Councilman Archetto

PROPOSED ORDINANCE NO. 7-12-2 IN AMENDMENT OF TITLE 8, CHAPTER 12 OF THE CODE OF THE CITY OF CRANSTON, 2012, ENTITLED “Noise Abatement” (Fireworks – Hours of Use)

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

Section 1. Chapter 8.12, entitled “Noise Abatement” is hereby amended by adding thereto the following:

8.12.100- Special activities prohibited

A. Sales by “Hawking” or “Barking.” No person shall create a noise disturbance by offering for sale or selling anything by shouting or outcry across a real property boundary or in a noise sensitive area.

B. Shouting and Loud Conversation. Between the hours of twelve a.m. and seven a.m. no person shall vocalize at such excessive vocal amplification in a residential zone that is plainly audible at a distance of one hundred (100) feet or more from the point measurement for a duration longer than ten (10) seconds. This includes, but is not limited to: yelling, laughing, hooting, hollering, screaming, or singing. This shall apply to vocalizations that either cross a real property boundary or originate in a public space or public right-of-way.

C. Vehicle or Motorboat Repairs or Testing. No person shall repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a real property boundary or within a noise sensitive area.

D. Powered Model Vehicles. No person shall operate or permit the operation of a powered model vehicle in a public or private space out of doors or within a noise sensitive area between the hours of ten p.m. and seven a.m. the following day.

E. Disorderly House. No person shall do either of the following:

1. Keep a disorderly house or place of public resort whereby the peace, comfort, or decency of a neighbor is habitually disturbed; or

2. Being the owner of, or in control of such premises, and to intentionally permit them to be so used;

3. For purposes of this section, a disorderly house is defined as a residence or dwelling in which one or more noise disturbances resulting in a conviction or convictions in the municipal court have occurred within a three-year period;

4. The owner of such residence or dwelling may assert as a defense reasonable efforts to take action against the perpetrators of the violation of this chapter, including the initiation of eviction proceedings pursuant to Rhode Island General Laws.

F. Fireworks Discharge. Use or discharge of legal consumer fireworks. Legal consumer fireworks may only be used or discharged within the City of Cranston, RI on the following dates and times:

1. Between the hours of twelve o’clock noon and eleven o’clock p.m. on July 1st of any year; and

2. Between the hours of nine o’clock a.m. and eleven o’clock p.m. on July 2nd through July 3rd of any year; and

3. Between the hours of nine o’clock a.m. and twelve o’clock midnight on July 4th of any year.

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

Sponsored by: Councilman Donahue

7/26/12

FINANCE COMMITTEE

NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinances will be held before the Finance Committee on Thursday, August 16, 2012 at 6:30 p.m., City Council Chambers, City Hall, 869 Park Avenue, City Hall, 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.org 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

Finance Committee City Clerk

PROPOSED ORDINANCE 7-12-3 AUTHORIZING THE CITY TO UTILIZE WESTERN AND EASTERN CRANSTON POLICE IMPACT FEES FOR POLICE STATION LEASE PAYMENTS

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

SECTION 1. The City of Cranston is hereby authorized under the authority vested by the State of Rhode Island General Laws and Impact Fees Ordinance (No. 96-49, October 28, 1996) to utilize $145,000 Western and Eastern Cranston Police Impact Fees

$3,982.78 of Western Cranston Police Impact fees and

$141,017.22 of Eastern Cranston Police Impact fees

for the lease payments for the Police Station on Garfield Avenue.

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

Fiscal Note

I hereby certify that there are sufficient funds available to fund this appropriation.

Robert Strom, Director of Finance

Sponsored by: Councilman Stycos

PROPOSED ORDINANCE 7-12-4 TRANSFERRING APPROPRIATIONS AND AMENDING THE BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013 (Chief of Staff)

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

SECTION 1: The salary schedule of the budget for the fiscal year ending June 30, 2013 is hereby amended by deleting the following:

Executive Department:

Position Classification Grade Step Salary

[Deputy Director of Administration Administrative 37 1 $53,357]

[Confidential Secretary to Exec. Staff Administrative 27 1 $37,235]

[Director of Constituent Affairs Administrative 32 4 $49,567]

And adding:

Chief of Staff Administrative 37 4 $60,590

Confidential Secretary to Exec. Staff Administrative 24 5 $34,183 Director of Constituent Affairs Administrative 32 2 $45,390

SECTION 2: This ordinance shall take effect upon its final adoption.

I recommend adoption of the foregoing Ordinance

Pursuant to Section 6.17 of the City Charter

Allan W. Fung, Mayor Date

Fiscal Note

I hereby certify that it is anticipated that sufficient funds will be available to fund this appropriation.

Robert F. Strom, Director of Finance

7/26/12


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