Ordinances Adopted

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City of Cranston

ORDINANCES ADOPTED

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

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

Maria Medeiros Wall, JD

City Clerk

ORDINANCE NO. 2019-49 AMENDMENT OF TITLE 8.36 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “RODENT CONTROL”(Rodent Control)

*As amended in Committee 11/14/2019

Passed: November 25, 2019

Approved:  November 26, 2019

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

    SECTION 1:  Chapter 8.36, entitled “Rodent Control” is hereby amended as follows:

    8.36.040 - Inspection of premises—Notice of rodent infestation.

It shall be the duty of the director of public works to cause an inspection of any premises in the city which he or she has good reason to believe is not in a rat proof condition, or that may be in a condition that may permit rodent infestation.

*If such premises are found to be rodent infested,[ a notice in writing bearing the date of issue and signed by the director of public works, or his or her duly authorized representative, shall be served upon such owner or occupant] a summons and ticket shall be drafted and cause to be served by the department of inspections to the homeowner or occupant in conformity with the standards set below. Such notice shall state the condition of such premises and the required corrections.

*If such premises are found to be rodent infested, a notice in writing bearing the date of issue and signed by the director of public works, or his or her authorized representative, shall be served upon such owner *or occupant.  If this notice is ignored by the property owner for a period of seven calendar days, a summons and ticket shall be drafted and cause to be served by the department of inspections to the homeowner *or occupant in conformity with the standards set below.  Such notice shall state the condition of such premises and the required corrections.

Any such notice violation may be served by police or the city sergeant, a City of Cranston inspection official or may be served by mailing the notice, enclosed in a postpaid envelope addressed to the person to be notified by United States registered mail, return receipt requested.

8.36.050 - Duty of owner *or occupant upon receipt of notice.

After the owner *or occupant of any such premises has been, as provided in the preceding section, notified by the director of public works or his or her duly authorized representative that such premises are rodent infested or has violated an additional provision of this section it shall be the duty of such owner *or occupant to take immediate measures, but no longer than 30 (thirty) days after receipt, to remedy the condition by rat eradication, rat proofing or such other action as may be necessary.  It shall be the duty of the director of public works or their duly authorized representative to conduct a follow up inspection of said premises no later than 30 (thirty) days after the date of issue of the initial notification.

If the premise is still not in a rat-proof condition, or is still in a condition that may permit rodent infestation, the owner *or occupant shall be fined accordingly in an amount no more than fifty dollars ($50.00).

 

The owner *or occupant shall be subject to an additional fifty dollars ($50.00) fine every thirty (30) days until the director of public works, their duly authorized representative has a good reason to believe the premise is in a rat-proof condition, or no longer in a condition that may permit rodent infestation. Additionally, a finding of the Cranston Municipal Court that the owner *or occupant has made the premises ‘rat-proof condition’ shall constitute a valid defense to additional fines.

8.36.100 - Payment of fines—

Generally.

 

    A person charged with the violation of  the herein, rodent control ordinance shall be notified to appear to answer such charge before the Cranston municipal court may, in lieu of such appearance, elect to appear in person or by one duly authorized by him or her in writing, before the clerk of said court, admit the truth of said charge, and pay to said clerk the designated fine; provided that, such appearance and payment be made at the office of said clerk during regular business hours, within thirty (30) days of such notification, and failure to so appear shall be deemed a waiver of the right to dispose of such charge without personal appearance in court.

 

8.36.110 - Payment of fines—

Payment by mail.

 

  1. Any person charged with any violation of the herein, rodent control ordinance, except as otherwise provided, may elect to mail said violation tag to the clerk of the Cranston municipal court, accompanied by payment of the designated fine, and the name and address of the violator. Such privilege of paying the fine by mail shall be exercised within thirty (30) days from the date of the offense by depositing the designated payment of such fine in a depository maintained by the United States Post Office Department for the collection mails and the postage cancellation shall be prima facie evidence of time of deposit.

 

  1. In those cases where mail is used for payment of such fine, the payment may be in cash or by check or by money order, and in those cases where payment is attempted with a check drawn against insufficient funds, an additional payment of twenty dollars ($20.00) shall be imposed against the violator to defray administrative costs.

 

  1. In those cases where payment is by cash, it shall be at the risk of the sender and the record of the clerk of the municipal court shall be conclusive as to the receipt and amount of the same.

 

  • 8.36.120 - Payment of fines—

Effect of payment.

 

The payment of a fine to the clerk of the municipal court as herein provided, for the violation of the herein, rodent control ordinance, shall operate as a final disposition of the charge and such proceedings shall not be deemed criminal.

 

  • 8.36.130 - Payment of fines—

Notice requirements.

 

Notice of the herein, rodent control ordinance shall indicate the offense charged, schedule of fines for such violation, the time within which the privilege of paving such fine by mail may be exercised, the place to which such fine may be mailed, and such other information as will enable the person charged to take advantage of the provisions contained herein.

 

  • 8.36.140 - Effect of multiple violations relating to rodent control regulations.

 

Notwithstanding anything herein contained, disposition of the herein, rodent control ordinance without personal appearance in the municipal court may not be exercised by any person who in the consecutive period of twelve (12) months next preceding such charge has been three times in the aggregate adjudged guilty by the municipal court of any violation of any regulation relating to this section or has admitted the truth of charges made against him or her under the provisions thereof.

 

8.36.150 - Failure to comply.

 

Any person charged with the violation of any of the herein, rodent control ordinance relating to this section who fails to make payment within thirty days (30) days as required, may, in the discretion of any justice of the Cranston municipal court, be charged an additional sum of twenty-nine dollars ($29.00) to cover administrative costs which shall be payable to the clerk of said court.

 

    SECTION 2.   This Ordinance shall take effect on July 1, 2020.

Sponsored by Councilmember Donegan, Co-Sponsored by Councilmember McAuley and Council President Farina, Council Vice-President Favicchio and Councilmembers Stycos, Hopkins, Vargas, Brady, and Paplauskas

12/12/19

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