CITY COUNCIL NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Amended Ordinances will be held before the City Council on Monday, April 26, 2021 at 7:00 p.m.   pursuant to Section 3.12 of the Charter via Zoom webinar

You are invited to a Zoom webinar.
When: Apr 26, 2021 07:00 PM Eastern Time (US and Canada)
Topic: City Council Meet - City of Cranston

Please click the link below to join the webinar:
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 Complete copies of proposed amended ordinances are available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.

        “Individuals requesting interpreter services for the dear 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.” 

Christopher Paplauskas
City Council President

Leanne Zarrella, JD
City Clerk

 PROPOSED ORDINANCE No. 3-21-02 IN AMENDMENT OF TITLE 2 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED ‘ADMINISTRATION AND PERSONNEL - DIVERSITY COMMISSION’

*As amended in Committee 4/15/2021

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

Section 1.  Chapter 2 of the Code of the City of Cranston, 2005, entitled “Administration and Personnel” is hereby amended by adding thereto the following new section: 

Chapter 2.50- Diversity Commission

Sections: 2.50.010 Establishment, Purpose, and Membership

A. The establishment of this Diversity Commission is in recognition of the need to promote a city government that is diverse, inclusive, and values equity. In so doing, this Diversity Commission is to encourage and *assist *advise in the implementation of City policies, service and workforce that is more representative of the City’s population of different races, ethnicities, genders, ages, religions, disabilities and sexual orientations while considering the educational, economic, and cultural differences within our City’s population.

B. The purpose of the commission is to:

1. foster engagement, solicit feedback and testimony from residents, stakeholders and policy makers from across the city in the context of reviewing the city’s services, programs, hiring and recruiting practices as well as diversity/inclusion policies in order to facilitate implementation of solutions that encourage diversity;
2. conduct itself in a manner that is collaborative, supportive, and respectful of participants;
3. provide advice to the Mayor and City Council in order to facilitate implementation of solutions that encourage diversity, equity and inclusion; and
4. provide a written report of its recommendations and conclusions, supported by its findings and a majority approval of its members, with said written report being provided every June and December to the Mayor and City Council.

C. The membership of this Diversity Commission shall consist of thirteen (13) volunteer unpaid members serving three (3) year terms as follows:

1. Four (4) members of the public being two (2) appointed by the mayor, one (1) appointed by the council president, and one (1) appointed by the council minority leader;
2. Two (2) councilmembers being one (1) appointed by the council president and one (1) appointed by the council minority leader;
3. Two (2) public safety members being one (1) from the fire department and one (1) from the police department appointed by the respective chief of each department;
4. One (1) member appointed by the head of the local National Association for the Advancement of Colored People (NAACP) Branch and approved by the majority vote of the city council;
5. One (1) member appointed by the head of the One Cranston Health Equity Zone and approved by the majority vote of the city council;
6. The city personnel director who will serve as the commission chair;
7. One (1) city department head as appointed by the mayor; and
8. One (1) administrative member from the Cranston senior center as appointed by the mayor.

2.50.020      Chairperson, Meetings, and Quorum

1. The chairperson will be the city personnel director. In absence of the chairperson, the commission by majority vote of those members present shall elect a temporary chairperson for the meeting.
2. A quorum of the majority of commission members is required for the meetings.
3. The chairperson, or the majority of commission members, shall convene at least four (4) meetings per calendar year.

 This ordinance shall take effect upon its final adoption.

Sponsored by Councilwomen Marino, Vargas and Germain

Co-sponsored by Council Vice-President Brady and Council President Paplauskas

PROPOSED ORDINANCE No. 3-21-05 IN AMENDMENT OF CHAPTER 40.030 TITLE 10 OF THE CITY OF CRANSTON CODE OF ORDINANCES, 2005, ENTITLED “VEHICLES AND TRAFFIC” (RIDING OF MINI-BIKES, ETC., ON PUBLIC PROPERTY)   

*As amended in Committee 4/15/2021

Section 1.  Chapter 40.030 is hereby amended by adding the following:

 SECTION 1. 

• No person shall ride, drive or otherwise use a mini-bike, recreational off-road vehicle, non-street legal or unregistered motorcycle, go-cart, or other like vehicle on or upon any public property *or public roadway *or protected conservation areas, lands and trails within of the city of Cranston. 

Registered vehicles only shall be allowed on public streets, parking lots or other areas designed for regular traffic, unless prohibited by the chief of police. 

Eluding police officer; additional penalty:

 No person illegally operating any recreational vehicle described in this chapter shall elude any police officer upon being signaled to stop or upon being told to stop. This section shall apply upon the occurrence of any lawful act by a police officer in telling or signaling any vehicle operator to stop by any oral statement, siren, flashing light, hand signal or other signal. This shall apply whether the police officer ordering or signaling the stop is in a vehicle or on foot. This section is intended to prohibit acts to elude a police officer, including acts consisting of increasing speed, changing directions, turning off lights or taking similar steps to avoid or escape from a police officer. Any person apprehended in violation of this section shall be subject to an additional penalty of $500. Nothing mentioned herein shall preclude the additional prosecution of the motorist in District or Superior Court under R.I.G.L. 31-11-4, 31-11-4.1 or any other applicable statutes.

• Penalty

The penalty for a violation of this article, shall be forfeiture of the aforementioned vehicles; or if the defendant does not own the vehicle and the owner did not know and could not reasonably have known that the vehicle would be used in violation of this article and it is the first time that a vehicle belonging to the owner has been found to be in violation of this article, a civil penalty of five hundred dollars ($500.00) in addition to any and all other fines and/or penalties associated with the illegal operation of such vehicle shall be imposed upon the operator and/or owner. *The penalty shall be $500.00 when on conservation areas lands and trails.  The Cranston Police Department shall be empowered to seize, and impound these vehicles in order to enforce this article. Vehicle owner’s seeking the return of any vehicle(s) must provide proof of ownership which shall include, but not be limited to, a notarized bill of sale.

(a)   Commencement of forfeiture proceeding and notice. 

(1)   The City Solicitor shall bring an action for forfeiture by filing a complaint in the Cranston Municipal Court. 

(2)   The City Solicitor shall instruct the Police Department to give notice of the forfeiture proceeding by mailing a copy of the complaint and a notice for hearing to each person whose right, title, or interest is of record in the division of motor vehicles or any other department or agency of the state, or in any other state or federal agency or department in which the property is required to be registered.   Such person or persons are hereinafter referred to as the “owner.” 

(3)   The owner of the property shall, within thirty (30) days after the mailing of the complaint and notice, file a verified answer to the complaint.  The owner shall also appear at the hearing on the action for forfeiture. 

(b)   Forfeiture Hearing 

(1)   If the owner shall fail to appear at the forfeiture hearing, the court will enter an order of forfeiture by default. 

(2)   If the owner appears at the forfeiture hearing, the City Solicitor shall show, by a preponderance of the evidence, that the property was used in violation of Chapter 40 of Title 10 of the Code of Ordinances of the City of Cranston.  

(3)   If the City Solicitor has not made the showing required in (b)(2) of this section, the Court shall order the property released to the owner. Vehicle owner’s seeking the return of any vehicle(s) must provide proof of ownership which shall include, but may not be limited to, a notarized bill of sale. 

(4)   If the Court finds that the City Solicitor has made the showing required, the owner may offer evidence that the owner was not using the property at the time of the violation that the owner did not know, or have reason to know, that the property was used or possessed, or was to be used or possessed, in any manner that violates Title 10, Chapter 40.  For the purposes of this Ordinance, an owner shall be deemed to have knowledge of the provisions of Title 10, Chapter 40.  

(5)   If the owner rebuts the City Solicitor’s showing, by a preponderance of the evidence, as set forth in (b)(4) of this section, then the complaint for forfeiture shall be denied and dismissed.  The Court will determine, based on the circumstances presented, whether the owner shall be responsible for any fines or costs. 

(6)   Where the City Solicitor has made the required showing, and the owner has not rebutted that showing by a preponderance of the evidence, or where the Court enters forfeiture by default, the court may order: 

i.  that the property be destroyed by the agency which seized it or by some other municipal agency designated by the court, or 

ii.   that the property be delivered to and retained for use by the agency which seized it, or to some other municipal agency designated by the court, or 

iii.    that the property be sold at public auction by an agency designated by the court. 

(7)   Proceeds from sale at public auction, after payment of all reasonable charges and expenses for storage and public auction, shall be used by the Cranston Police Department to enforce Title 10, Chapter 40.  

SECTION 2. This ordinance shall take effect upon passage. 

Sponsored by Council President Paplauskas