R.I. Gen. Laws § 45-9-10 — RI Code / Title 45 / Chapter 45-9 / Section 45-9-10
§ 45-9-10. Appointment of administration and finance officer upon abolition of receiver where petition filed under Chapter 9 of Title 11 of the United States Code.
Status: in_force

(a) Notwithstanding any general or special law or city or town ordinance to the contrary, this section shall apply upon abolition of a receiver established under this chapter, where petition was filed under Chapter 9 of Title 11 of the United States Code, upon a determination, in writing, by the director of revenue, that the financial condition of the city or town has improved to a level such that a receiver is no longer needed.

(b) For a period of five (5) years after the abolition of a receiver in any such city, town, or fire district, there shall be in the city, town, or fire district a department of administration and finance that shall be responsible for the overall budgetary and financial administration of the city, town, or fire district. The department shall be under the direction and control of the officer appointed pursuant to subsection (c) below. The officer shall report to, and be under the charge and direction of, the elected chief executive officer, or in the case of a municipality without an elected chief executive officer, then the city or town council, or in the case of a fire district, the governing body of the fire district. Nothing in this section shall abrogate the powers and duties of the school committee under any general or special law, except as specifically provided in this section.

Whenever the term department of finance or finance department appears in a general or special law or an ordinance, regulation, contract, or other document with reference to the city, town, or fire district, it shall mean the department of administration and finance of the city, town, or fire district. Whenever the term chief financial officer, director of finance, financial director, or treasurer appears in a general or special law or an ordinance, regulation, contract, or other document with reference to the city, town, or fire district, it shall mean the officer of the city, town, or fire district.

(c) The elected chief executive officer, or in the case of a municipality without an elected chief executive officer then the city or town council, or in the case of a fire district, the governing body of the fire district, shall appoint the officer from a list of three (3) names submitted by the division of municipal finance, for a term of not more than five (5) years, as provided in this subsection. The officer shall be an employee of the city, town, or fire district who shall be appointed solely on the basis of administrative and executive qualifications and shall be a person especially fitted by education, training, and experience to perform the duties of the office. The officer need not be a resident of the city, town, or fire district, or the state. In the event of a vacancy in the office of officer the same process will be used.

(d) While the process of appointing an officer under subsection (c) is proceeding, the elected chief executive officer, or in the case of a municipality without an elected chief executive officer then the city or town council, may appoint an acting officer, or in the case of a fire district, then the governing body of the fire district may appoint an acting officer.

(e) The appointment, including an acting appointment, or removal of the officer, shall not take effect until it has been approved in writing by the division of municipal finance.

(f) The powers and duties of the officer shall include the following:

(1) Coordinating, administering, and supervising all financial services and activities;

(2) Assisting in all matters related to municipal or fire district financial affairs;

(3) Implementing and maintaining uniform systems, controls, and procedures for all financial activities in all departments, boards, commissions, agencies, offices, or other units of city, town, or fire district government the operations of which have a financial impact upon the general fund and enterprise funds of the city, town, or fire district, and including, but not limited to, maintaining all financial and accounting data and records;

(4) Implementing and maintaining uniform financial data processing capabilities for all departments, boards, commissions, agencies, and offices;

(5) Supervising all financial data processing activities;

(6) Implementing and maintaining uniform budget guidelines and procedures within all departments, boards, commissions, agencies, offices, and other units of city, town, or fire district government;

(7) Assisting in the development and preparation of all department, board, commission, agency, and office budgets and spending plans;

(8) Reviewing all proposed contracts to which the city, town, or fire district is party;

(9) Monitoring the expenditure of all city, town, or fire district funds, including periodic reporting by and to appropriate agencies of the status of accounts;

(10) Reviewing the spending plan for each department, board, commission, agency, and office; and

(11) Providing for the allotment of funds on a periodic basis as provided for in this chapter.

In all cases where the duty is not expressly charged to any other department, board, commission, agency, or office, it shall be the duty of the officer to promote, secure, and preserve the financial interests of the city, town, or fire district.

(g) All department, board, commission, agency, and office budgets and requests for budget transfers shall be submitted to the officer for review and recommendation before submission to the elected chief executive officer, city or town council, fire district governing body, or school committee, as appropriate. For each proposed appropriation order, lease, or contract arrangement for a term including more than one fiscal year; collective bargaining agreement; and with respect to any proposed city or town council or fire district governing body vote necessary to effectuate a financial transfer, ordinance revision, or special legislation that may require the expenditure of funds or otherwise financially obligate the city, town, or fire district for a period in excess of one year; or with respect to a vote to authorize a borrowing under a law other than §§45-12-4.1, 45-12-4.2 or 45-12-4.3; the officer shall, if it be the case, submit in writing to the elected chief executive officer, city or town council, fire district governing body, or school committee, as appropriate, a certification that it is the officers professional opinion, after an evaluation of all pertinent financial information reasonably available, that the citys, towns, or fire districts financial resources and revenues are, and will continue to be, adequate to support such proposed expenditures or obligations without a detrimental impact on the provision of municipal or fire district services. If the officer fails to provide this certification within seven (7) days after a request for such certification from the elected chief executive officer, city or town council, fire district governing body, or school committee, the appropriation order, financial transfer, ordinance revision, special legislation, or borrowing authorization may nonetheless be approved, but the absence of the certification of the officer shall be expressly noted in that order or vote.

(h) All departments, officers, boards, commissions, agencies, and other units of the city, town, or fire district shall submit budget requests to the elected chief executive officer, or appropriate authority under applicable charter and ordinance provisions, upon the schedule and in the form established by the officer.

(i) Annually, not later than ninety (90) days prior to the beginning of the municipalitys or fire districts fiscal year, the officer shall submit a four-year (4) financial plan and a five-year (5) capital plan to the city or town council or fire district governing body that includes all capital needs of the city, town, or fire district.

(j) The assessor, treasurer, finance director, controller, purchasing agent, labor relations director, and employees performing similar duties but with different titles shall report to, and be under the direction of, the officer. The officer, with the approval of the elected chief executive officer or appropriate authority under applicable charter and ordinance provisions, shall appoint all such officers and employees. The elected chief executive officer, or in the case of a municipality without an elected chief executive officer then the city or town council, or in the case of a fire district, the governing body of the fire district, may also place other positions and departments under the direction of the officer.

(k) The officer shall not assume the duties or responsibilities of the treasurer or the finance director and shall not hold an elective office and shall devote the officers full time and attention to the officers duties.

(l) The city, town, or fire district shall annually appropriate amounts sufficient for the proper administration of the department. If the city, town, or fire district fails to appropriate such amounts, the division of municipal finance shall direct the general treasurer to deduct the necessary funds from the citys, towns, or fire districts distribution of the citys, towns, or fire districts state aid and shall expend those funds directly for the benefit of the department. The city or town shall annually appropriate amounts sufficient to cover the costs of the administration and finance officer. The state shall annually reimburse the city, town, or fire district for fifty percent (50%) share of such costs. The city, town, or fire district at its expense shall provide office space and adequate resources needed by the administration and finance officer in the performance of his/her duties.

(m) The officer shall comply with all requests of the school department to provide any information relating to the operation of the school department held within the authority or control of the officer as the result of the consolidation of school and city or town business and financial functions under §§45-9-3 or 45-9-6. If the officer, or any employee under the control of the officer, refuses to provide such information or engages in unreasonable delay, the school department shall notify the division of municipal finance. The division of municipal finance shall, within a reasonable time, make a determination whether any such information shall be provided to the school department that shall be binding upon the officer and the school department. The division of municipal finances determination shall not be an adjudicatory proceeding reviewable under chapter 35 of title 42. Nothing in this subsection shall abrogate any of the other powers or duties of the school committee under the general laws.
R.I. Gen. Laws § 45-23-59 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-59
§ 45-23-59. Administration  Violations and penalties.
Status: in_force

(a) Local regulations adopted pursuant to this chapter shall provide for a penalty for any violation of the local regulations, or for a violation of any terms or conditions of any action imposed by the planning board or of any other agency or officer charged in the regulations with enforcement of any of the provisions.

(b) Violation of the regulations include any action related to the transfer or sale of land in unapproved subdivisions. Any owner, or agent of the owner, who transfers, sells or negotiates to sell any land by reference to or exhibition of, or by other use, a plat of the subdivision before the plat has been approved by the planning board and recorded in the municipal land evidence records, is in violation of the local regulations and subject to the penalties described in this chapter.

(c) The penalty for violation shall reasonably relate to the seriousness of the offense, and shall not exceed five hundred dollars ($500) for each violation, and each day of existence of any violation is deemed to be a separate offense. Any fine shall inure to the municipality.

(d) The municipality may also cause suit to be brought in the supreme or superior court, or any municipal court, including a municipal housing court having jurisdiction in the name of the municipality, to restrain the violation of, or to compel compliance with, the provisions of its local regulations. A municipality may consolidate an action for injunctive relief and/or fines under the local regulations in the superior court of the county in which the subject property is located.
R.I. Gen. Laws § 45-21-16 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-16
§ 45-21-16. Retirement on service allowance.
Status: in_force

Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:

(1)(i) Any member who is eligible to retire on or before June 30, 2012, may retire upon the members written application to the retirement board as of the first day of the calendar month in which the application was filed, provided the member was separated from service prior to the application, and provided, further, that if separation from service occurs during the month in which application is filed, the effective date is the first day following the separation from service, provided that the member at the time so specified for the members retirement has attained the applicable minimum retirement age and has completed at least ten (10) years of total service or who, regardless of age, completed thirty (30) years of total service, and notwithstanding that during the period of notification the member has separated from service. The minimum ages for service retirement (except for employees completing thirty (30) years of service) is fifty-eight (58) years.

(ii) Effective July 1, 2012, the following shall apply to all members not eligible to retire prior to July 1, 2012:

(A) A member with contributory service on or after July 1, 2012, shall be eligible to retire upon the completion of at least five (5) years of contributory service and attainment of the members Social Security retirement age.

(B) For members with five (5) or more years of contributory service as of June 30, 2012, with contributory service on and after July 1, 2012, who have a retirement age of Social Security retirement age, the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of June 30, 2012, but in no event shall a members retirement age under this subparagraph (B) be prior to the attainment of age fifty-nine (59) or prior to the members retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall work as follows:

(1) The formula shall determine the first age of retirement eligibility under the laws in effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;

(2) The formula shall then take the members total service credit as of June 30, 2012, as the numerator and the projected service at retirement age in effect on June 30, 2012, as the denominator;

(3) The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from Social Security retirement age.

(C) Effective July 1, 2015, a member who has completed twenty (20) or more years of total service and who has attained an age within five (5) years of the eligible retirement age under subparagraphs (ii)(A) or (ii)(B) above or subsection (iii) below, may elect to retire provided that the retirement allowance shall be reduced actuarially for each month that the age of the member is less than the eligible retirement age under subparagraphs (ii)(A) or (ii)(B) above or subsection (iii) below in accordance with the following table:

(D)(1) Notwithstanding any other provisions of §42-21-16(1)(ii), a member who has completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at his or her eligible retirement date as determined under paragraph (i) above provided that a member making an election under this paragraph shall receive the members retirement benefit determined and calculated based on the members service and average compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner to protect a members accrued benefit on June 30, 2012.

(iii) Notwithstanding any other provisions of subsection (ii) above, effective July 1, 2015, members in active service shall be eligible to retire upon the earlier of: (I) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or (II) The members retirement eligibility date under subsections (ii)(A) or (ii)(B) above.

(2) Except as specifically provided in §§45-21-19  45-21-22, no member is eligible for pension benefits under this chapter unless:

(I) On or prior to June 30, 2012, the member has been a contributing member of the employees retirement system for at least ten (10) years; or

(II) For members in active contributory service on or after July 1, 2012, the member shall have been a contributing member of the employees retirement system for at least five (5) years.

(i) Provided, however, a person who has ten (10) years service credit on or before June 16, 1991, is vested.

(ii) Furthermore, any past service credits purchased in accordance with §45-21-62 are counted towards vesting.

(iii) Any person who becomes a member of the employees retirement system pursuant to §45-21-4 shall be considered a contributing member for the purpose of this chapter.

(iv) Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the System. The five (5)-year limit does not apply to any purchases made prior to the effective date of this provision. A member who has purchased more than five (5) years of service credit maximum, before January 1, 1995, shall be permitted to apply the purchases towards the members service retirement. However, no further purchase will be permitted. Repayment, in accordance with applicable law and regulation, of any contribution previously withdrawn from the System is not deemed a purchase of service credit.

(v) Notwithstanding any other provision of law, effective July 1, 2012, except for purchases under §§16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, and 45-21-53:

(I) For service purchases for time periods prior to a members initial date of hire; the purchase must be made within three (3) years of the members initial date of hire; and

(II) For service purchases for time periods for official periods of leave as authorized by law, the purchase must be made within three (3) years of the time the official leave was concluded by the member.

Notwithstanding (I) and (II) above, service purchases from time periods prior to June 30, 2012, may be made on or prior to June 30, 2015.

(3) No member of the municipal employees retirement system is permitted to purchase service credits for casual, temporary, emergency or seasonal employment, for employment as a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate assistant of the college or university.

(4) A member does not receive service credit in this retirement system for any year or portion of a year, which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection does not apply to any payments received pursuant to the federal Social Security Act or to payments from a military pension earned prior to participation in state or municipal employment, or to military service credits earned prior to participation in state or municipal employment.

(5) A member who seeks to purchase or receive service credit in this retirement system has the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension retirement allowance or any annual payment for life. The retirement board has the right to investigate whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitation, the duty to furnish or have furnished to the retirement board any relevant information which is protected by any privacy act.

(6) A member who fails to cooperate with the retirement board shall not have the time of service counted toward total service credit until a time that the member cooperates with the retirement board and until a time that the retirement board determines the validity of the service credit.

(7) A member who knowingly makes a false statement to the retirement board regarding service time or credit is not entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.
R.I. Gen. Laws § 45-29-24 — RI Code / Title 45 / Chapter 45-29 / Section 45-29-24
§ 45-29-24. Notice of appraisers report and payments to owners  Trial of objections to report.
Status: in_force

(a) Upon payment into court as previously stated of the several amounts estimated by the appraisers or by a majority of them, to be due respectively to the several owners, the clerk of the court shall immediately give notice as the court may order, to all parties claiming damages or any interest in them, of the filing of the report, notifying each of them to file within ten (10) days after service of notice as the court directs, if he or she sees fit, his or her objection to the report.

(b) If, at the end of the period of ten (10) days, no objection is filed either by the city or by the owner with respect to the appraisal of his or her lands or his or her interest in them, the superior court shall, upon motion of the owner or of the city, order the amount of the award paid to the owners, and the payment shall be in full satisfaction of damages sustained by the taking. If at the end of that period, objection has been filed, the court shall nevertheless, after hearing the parties, order paid over to the owner of the land or interest in it, seventy-five percent (75%) of the amount of the appraisal of the land or interest, which sum, when paid, shall be irrecoverable, but without prejudice to the rights of the owner to sue for, and recover, any deficiency.

(c) The objections to the report of the appraisers shall stand for trial and be tried in every respect as other civil actions, including the right to except to rulings, to apply for new trial for cause, and to prosecute exceptions in the supreme court, but if the appellant in those proceedings shall not obtain a gross award more favorable to the appellant than the award of the appraisers, the appellant shall pay the costs of the adverse party, unless otherwise ordered by the court. If the appellant obtains therein a gross award more favorable than the award of the appraisers, the appellant shall recover his or her costs from the adverse party unless otherwise ordered by the court; but costs exclude fees of counsel.
R.I. Gen. Laws § 45-15-11 — RI Code / Title 45 / Chapter 45-15 / Section 45-15-11
§ 45-15-11. Effect of mending of highway by town.
Status: in_force

No work done by any city or town, upon any way or street, in mending or repairing the way or street, shall constitute or be any evidence of an acceptance of the way or street by the city or town, nor shall it in any way change the status of the way or street; and the mending or repairing of the way or street shall in no way render the city or town liable to pay compensation or damages by reason of injuries suffered by any person or persons traveling upon the way or street.
R.I. Gen. Laws § 45-23-52 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-52
§ 45-23-52. Local regulations  Procedure for adoption and amendment.
Status: in_force

(a) The local planning board, once authorized by the ordinance required under § 45-23-51, shall adopt or repeal, and provide for the administration, interpretation, and enforcement of land development and subdivision review regulations.

(b) Provisions of the local regulations and appendices shall be presented in text and may incorporate maps, and other technical and graphic material. The local regulations, and all of their amendments, shall be consistent with all provisions of this chapter as well as the municipalitys comprehensive plan and zoning ordinance.
R.I. Gen. Laws § 45-21-44 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-44
§ 45-21-44. Guaranties by municipalities  Adjustment of contribution rates.
Status: in_force

Regular interest requirements, and the maintenance of reserves in accordance with the provisions of this chapter, are guaranteed by the respective participating municipalities, which guaranty extends only to their proportionate interests in the retirement system as determined upon the basis of the liabilities for the several benefits on account of the participating members from each municipality. Adjustment shall be made at least once every five (5) years, as provided in this chapter, in the applicable contribution rates for the municipalities for any regular interest or reserve requirements, or for any amounts above statutory requirements, as determined by actuarial valuation, in accordance with the provisions of this chapter.
R.I. Gen. Laws § 45-25-21 — RI Code / Title 45 / Chapter 45-25 / Section 45-25-21
§ 45-25-21. Exemption of low rate projects from ordinances.
Status: in_force

The provisions of any zoning ordinance or any building ordinance enacted by any city or town in this state do not apply to any low rate housing project.
R.I. Gen. Laws § 45-43-5 — RI Code / Title 45 / Chapter 45-43 / Section 45-43-5
§ 45-43-5. Staff.
Status: in_force

The council may employ staff, and consult and retain experts, as it deems necessary. The state department of administration may furnish research, secretarial, and stenographic service to a council.
R.I. Gen. Laws § 45-19-1.4 — RI Code / Title 45 / Chapter 45-19 / Section 45-19-1.4
§ 45-19-1.4. Liability for payments to an employee without honoring employers lien.
Status: in_force

Any person or persons, firm or firms, corporation or corporations, making any payment to the employee or to the employees attorneys or heirs or legal representatives as compensation for the injury sustained, or sickness contracted after the filing and mailing of the notice, without paying to the employer the amount of its lien or so much of the lien as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement after paying the amount of any prior liens, shall, for a period of one year from the date of payment to the employee or the employees heirs, attorneys, or legal representatives, as previously stated, be and remain liable to the employer for the amount which the employer was entitled to receive as previously stated. Any association, corporation, or other institution maintaining the employer may, within the period, enforce its lien by a suit at law against the employer of the person or persons, firm or firms, corporation or corporations, making the payment.
R.I. Gen. Laws § 45-2-34 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-34
§ 45-2-34. Town of Tiverton  Municipal court.
Status: in_force

(1) The town council of the town of Tiverton may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may within seven (7) days of conviction, file an appeal from the conviction to the second division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a) (4) and 8-8-3.2.

(2) With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the courts jurisdiction, the power to proceed according to equity:

(i) To restrain, prevent, enjoin, abate, or correct a violation;

(ii) To order the repair, vacation, or demolition of any dwelling existing in violation; or

(iii) To otherwise compel compliance with all of the provisions of those ordinances and statutes.

(3) The town council of the town of Tiverton is authorized and empowered to appoint a judge of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.
R.I. Gen. Laws § 45-25-3 — RI Code / Title 45 / Chapter 45-25 / Section 45-25-3
§ 45-25-3. Definitions.
Status: in_force

The following terms, wherever used or referred to in chapters 25  27 of this title, have the following respective meanings, unless a different meaning clearly appears from the context:

(1) Authority or housing authority means a public body and a body corporate and politic, organized in accordance with the provisions of chapters 25 and 26 of this title for the purposes, with the powers, and subject to the restrictions established in chapters 25 and 26 of this title.

(2) Bonds means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to chapters 25  27 of this title.

(3) City means a city, the boundaries of which are or are about to be coterminous with the territorial boundaries of an authority when created hereunder.

(4) City clerk and mayor means, in the case of a city, the clerk and mayor, of the city, or the officers charged with the duties customarily imposed on the clerk and mayor.

(5) Commissioner means one of the members of an authority appointed in accordance with the provisions of chapters 25 and 26 of this title.

(6) Community facilities includes real and personal property, and buildings and equipment for recreational or social assemblies, for educational, health or welfare purposes, and necessary utilities, when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations.

(7) Contract means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond, or other instrument.

(8) Council means, in the case of a city, the council or other body charged with governing the city.

(9) Federal government includes the United States of America, the Federal Public Housing Administration or any agency, instrumentality, corporate or otherwise, of the United States of America.

(10) Government includes the state and federal governments and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.

(11) Housing project includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking to: (i) demolish, clear, remove, alter, or repair unsanitary or unsafe housing, and/or (ii) provide safe and sanitary dwelling accommodations for persons of low income. The term housing project may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith.

(12) Mortgage includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof.

(13) Municipality means any city, town or incorporated village, other than the city as defined in subsection (3) of this section, which is located within the territorial boundaries of an authority.

(14) Obligee of the authority or obligee includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessors interest or any part thereof, and the United States of America, when it is a party to any contract with the authority.

(15) Real property includes lands, lands under water, structures, and any and all easements, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.

(16) State means the state of Rhode Island.

(17) State public body means any city, town, municipal corporation, commission, district, authority, or other subdivision or public body of the state.

(18) Trust indenture includes instruments pledging the revenues of real or personal properties but not conveying those properties or conferring a right to foreclose and cause a sale thereof.
R.I. Gen. Laws § 45-24-27 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-27
§ 45-24-27. Title.
Status: in_force

Sections 45-24-27 through 45-24-72 shall be known as the Rhode Island Zoning Enabling Act of 1991.
R.I. Gen. Laws § 45-21-23 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-23
§ 45-21-23. Periodical examination of disability annuitants  Placement on employment lists.
Status: in_force

(a) At least once each year the retirement board may, and upon application shall, require any disability annuitant under the minimum age for service retirement, whether in receipt of an ordinary disability retirement allowance or an accidental disability retirement allowance, to undergo a medical examination, the examination to be made at the place of residence of the annuitant, or other place mutually agreed upon, by a physician or physicians engaged by the retirement board.

(b) If the examination indicates that the annuitant is able to engage in a gainful occupation, the annuitants name shall be placed on appropriate lists of candidates that are prepared for appointment to positions in the annuitants department for which the annuitant is stated to be qualified, of a salary grade not less than that from which the annuitant was last retired.
R.I. Gen. Laws § 45-4-5 — RI Code / Title 45 / Chapter 45-4 / Section 45-4-5
§ 45-4-5. Certificate of election of clerk.
Status: in_force

The mayor of every city and the president of every town council shall, as soon as possible after the election of city or town clerk, send to the secretary of state a certificate of the election of the city or town clerk, which certificate shall be kept on file in the office of the secretary of state.
R.I. Gen. Laws § 45-4-10 — RI Code / Title 45 / Chapter 45-4 / Section 45-4-10
§ 45-4-10. Election of mayors.
Status: in_force

Mayors of cities shall be elected by a plurality of the electors qualified to vote in the election of general officers, who shall vote for the candidates for that office.
R.I. Gen. Laws § 45-19-1.1 — RI Code / Title 45 / Chapter 45-19 / Section 45-19-1.1
§ 45-19-1.1. Liability of third person for damages.
Status: in_force

Where the injury or sickness for which compensation is payable under § 45-19-1, was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect of the injury or sickness, the employee may take proceedings, against that person to recover damages, and the employee is be entitled to receive both damages and compensation; provided, that the employee, in recovering damages either by judgment or settlement from the person liable to pay damages, shall reimburse the city, town, or the state of Rhode Island by whom the compensation was paid to the extent of the compensation paid as of the date of the judgment or settlement, and the receipt of those damages by the employee does not bar future compensation. If the employee has been paid compensation under that chapter, the city, town, or state of Rhode Island, by whom the compensation was paid, is entitled to indemnity from the person liable to pay damages as previously stated, and to the extent of the indemnity, is subrogated to the rights of the employee to recover damages; provided, that when money has been recovered, either by judgment or by settlement, by the employee from the person liable to pay damages as previously stated, by suit or settlement, and the employee is required to reimburse the city, town, or state of Rhode Island by whom the compensation was paid, the employee or the employees attorney is entitled to withhold, from the amount to be reimbursed, that proportion of the costs, witness expenses, and other out-of-pocket expenses and attorney fees, which is the amount which the employee is required to reimburse the city, town, or state of Rhode Island by whom compensation was paid, bears to the amount recovered from the third party.
R.I. Gen. Laws § 45-58-6 — RI Code / Title 45 / Chapter 45-58 / Section 45-58-6
§ 45-58-6. Membership of board of commissioners.
Status: in_force

(a) The board of utility commissioners shall consist of not more than seven (7) nor less than five (5) members. Four (4) members of the board shall constitute a quorum and a vote of four (4) members shall be necessary for all action taken by the board unless the board consists of only five (5) members, in which case (3) members shall constitute a quorum and a vote of three (3) members shall be necessary for all action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. The initial members of the board of utility commissioners shall be the utility commissioners currently holding office under the auspices of the Pascoag fire district, who shall continue to serve until their current terms expire. Thereafter, the members of the board of utility commissioners of the Pascoag utility district shall be elected for a term of three (3) years by ballot of voters otherwise eligible to vote in the annual or special election in succeeding years in the village of Pascoag.

(b) The members of the board of utility commissioners, moderator or clerk shall be residents of the village of Pascoag. Such residents of the village of Pascoag whose name appear on an active account with the Pascoag Utility District shall be eligible to be a candidate for election to any one of the above offices; provided, however, that he or she shall first have filed a declaration of candidacy with the secretary of the board of utility commissioners not later than thirty (30) calendar days prior to the scheduled date of the election through which such person seeks to be elected. In the event of a vacancy occurring on the board of utility commissioners, moderator or clerk by reason of death, resignation or other cause, the board itself may select an eligible candidate to fill the vacancy until the next annual election.

(c) The board of utility commissioners shall elect each year from among its members: (1) a chairperson, who shall chair and moderate meetings of the board of utility commissioners and shall execute such other authorities and duties as the board may provide; (2) a vice chairperson who shall assume all duties of the chairperson in the chairpersons absence; and (3) a secretary, who shall maintain minutes of the meetings of the board of utility commissioners, provide notice of the meetings in accordance with law, and shall have such other duties as the board of utility commissioners may determine. The board of utility commissioners shall appoint a treasurer, who may be a member of the board or a general or special employee of the utility district, and who shall have charge and control of the money and deposits of the utility district.

(d) The board of utility commissioners shall establish and adopt bylaws for the management and conduct of the utility districts affairs, and other aspects of the governance of the utility district not otherwise controlled by this chapter. Pending the adoption of the bylaws, the board of utility commissioners shall be deemed to have adopted, and shall conduct the boards business in accordance with, those portions of the bylaws of the Pascoag fire district relating to utility matters.

(e) In order to ensure that the status of the utility district as a quasi-municipal corporation, district and political subdivision of the state does not prejudice its ability to contribute to the development of effective competition in the electricity and communications industries in the state, it is specifically found and determined that: (1) strategic business planning records of the utility district (including without limitation business plans, draft contracts, proposals, financial analyses and other similar documents) shall not be subject to the disclosure requirements of chapter 2 of title 38 unless the same materials in comparable circumstances in the hands of an investor-owned utility would be subject to disclosure under other laws of the state; and (2) strategic business planning discussions of the board of utility commissioners, including such discussions with utility district employees or consultants, are deemed to fall within the circumstances defined in § 42-46-5(a)(7).
R.I. Gen. Laws § 45-21-67 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-67
§ 45-21-67. Central Falls retirees  Settlement agreement.
Status: in_force

(a) Definitions. As used in this section:

(1) Base pension benefit is the amount listed on Appendix A, Appendix D-A, and Appendix E-A, attached to the settlement agreement, under the column labeled amount prior to reduction, which is the amount each Central Falls retiree was receiving as of July 31, 2011.

(2) Central Falls retirees are the retirees, or the beneficiaries of retirees, of the city of Central Falls, listed on Appendix A to the settlement agreement, as amended from time to time, when a retiree or beneficiary dies.

(3) Settlement agreement shall mean that settlement and release agreement, as set forth in P.L. 2012, Ch. 241, Art. 22, signed by and between the receiver of the city of Central Falls, the director of revenue and the participating retirees, approved by the bankruptcy court by order dated January 9, 2012.

(b) Legislative findings and purpose. (1) Pursuant to P.L. 2012, Ch. 241, Art. 22, which defined the terms of the initial appropriation, the state made an appropriation of two million six hundred thirty-six thousand nine hundred thirty-two dollars ($2,636,932), which was deposited into a restricted account held by the city of Central Falls, for the purpose of supplementing the reduced pensions of the Central Falls retirees, to enable the city to pay the Central Falls retirees seventy-five percent (75%) of their base pension benefit as of July 31, 2011, for a five-year (5) period, with the last supplemental appropriation to be paid on or within thirty (30) days of July 1, 2015. (2) The drastic pension reductions experienced by the Central Falls retirees provided a harsh example of the risks of unfunded-pension liabilities, which, in turn, provided the primary incentive toward successful pension negotiations with other municipal, police, and fire retirees, saving the state more than sixty million dollars ($60,000,000). (3) If said appropriation is not made prior to July 1, 2016, the Central Falls retirees, many of whom sustained serious and permanent injuries in service to the city, will have their pensions reduced yet again, in some instances to less than sixty percent (60%) of the pension they were receiving on July 11, 2011. (4) It is fair and just that the state appropriate sufficient funds to the city to supplement the citys funding of the pension benefits to the Central Falls retirees to ensure that the Central Falls retirees continue to receive no less than seventy-five percent (75%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, for their lifetime, and to the extent applicable, for the life of their beneficiaries.

(c) Appropriation payment. (1) Appropriation payment and restrictions on use. In accordance with the terms set forth in Article 22 and the settlement agreement, the state shall annually appropriate sufficient funds to the restricted account for the city of Central Falls to supplement the citys funding for payments to Central Falls retirees in order that they continue to receive no less than seventy-five percent (75%) of their base pension benefit as of July 31, 2011, after taking into account all applicable cost-of-living adjustments, for their lifetime, and to the extent applicable, for the life of their beneficiaries. Such appropriation shall be determined annually by an actuarial valuation (appropriation amount), and it is expected over the life of the existing retirees to total four million eight hundred seventeen thousand seven hundred eight dollars ($4,817,708). (2) Deposit of appropriation payment and payments to Central Falls retirees. The appropriation payment shall be immediately deposited by the city into the previously established participating retirees restricted five-year (5) account, which shall be redesignated as the participating retirees restricted account. The participating retirees account shall be administered by the city and not by any third-party pension-fund manager.

(d) Any and all withdrawals, transfers, and payments from the participating retirees account shall be made as set forth in the settlement agreement and accompanying appendices and said Article 22 (c) until the payments are made on July 1, 2015.

(e) Beginning on or within thirty (30) days of July 1, 2016, and annually thereafter, with payments to be paid each retiree or beneficiary as applicable on or within thirty (30) days of July 1 of each year they are eligible for benefits under the Central Falls pension plan, the city shall distribute to each participating retiree or beneficiary the annual amount listed on the actuarial spreadsheets prepared by Sherman Actuarial Services, which shall supplement the pension payments paid by the city in order that each retiree will receive no less than seventy-five percent (75%) of his or her base pension benefit, after taking into account all applicable cost-of-living adjustments, for his or her lifetime, and to the extent applicable, sixty-seven and one-half percent (67.5%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, to his or her beneficiaries for his or her lifetime. Such supplemental distributions shall be made by the city when the funds appropriated by the state are made available to the city, which shall be as close to July 1 as practicable.

(f) Relationship to base pension payments. The supplemental payments to the Central Falls retirees from the participating retirees restricted account shall not be included in the calculation of base pension benefits for the purposes of determining a retirees or beneficiarys cost-of-living adjustment.

(g) The cost-of-living adjustments as set forth in the settlement agreement are to be paid by the city of Central Falls to the Central Falls retirees, and to the extent applicable, their beneficiaries.

(h) The following provision shall amend and supersede P.L. 2012, Ch. 241, Art. 22 (c)(4) regarding the balance in the participating retirees restricted account as of August 1, 2015:

(1) Distribution of balance. As of August 1, 2015, no further supplemental payments shall be distributed to the Central Falls retirees under the terms of the settlement agreement. The balance of monies in the participating retirees restricted account shall be distributed in accordance with this Article, in the amounts and to those retirees and beneficiaries listed on the actuarial spreadsheets prepared by Sherman Actuarial Services, LLC and maintained and administered by the city. The amounts set forth on the actuarial spreadsheets will supplement the pension payments being made by the city in order that each retiree will receive no less than seventy-five percent (75%) of their base pension benefit, after taking into account all applicable cost-of-living adjustments, for his or her lifetime, and to the extent applicable, sixty-seven and one-half percent (67.5%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, to their beneficiaries for his or her lifetime.

(2) Any monies remaining in the participating retirees restricted account after the last-living retiree attains seventy-five percent (75%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, or last-living beneficiary attains sixty-seven and one-half percent (67.5%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, shall be returned to the state under state law.

(i) Access to account information and records. The city shall maintain appropriate account information and records relating to all receipts into, maintenance of, and distributions from, the participating retirees restricted account, and shall allow, at all reasonable times, for the full inspection and copying and sharing of information about such account and any and all payments therefrom with any participating retiree and the state.

(j) Unclaimed payments. Any monies distributed to a participating retiree or beneficiary from the participating retirees restricted account and not claimed by a participating retiree or beneficiary after the city has exercised good faith attempts over a six-month (6) period to deliver it to the best, last-known address of such participating retiree or beneficiary, shall not escheat under state law, but shall remain in the participating retirees restricted account until the conditions of subsection (h) herein have been satisfied.

(k) Liabilities and penalties for inappropriate use of appropriation payment. Any person, whether in his/her individual capacity, who uses, appropriates, or takes or instructs another to use, appropriate, or take, the appropriation payment, or any portion thereof, that is not specifically used for making payments to participating retirees or their beneficiaries as required hereunder and under the terms of the settlement agreement, shall be personally liable for repayment of said funds and further shall be subject to any and all applicable civil and criminal sanctions and/or penalties for such act(s).

( l ) Retirees beneficiaries. Upon the death of any retiree covered by this section, their beneficiary shall receive sixty-seven percent (67%) of the retirees base pension benefit, as defined in subsection (a)(1) of this section.
R.I. Gen. Laws § 45-24-69.1 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-69.1
§ 45-24-69.1. Appeals  Notice of appeals to superior court.
Status: in_force

(a) Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of § 45-24-69, the aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. The persons entitled to notice are set forth and described in § 45-24-53.

(b) Notice of the appeal shall be mailed to those parties described in § 45-24-53 within ten (10) business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in superior court.

(c) The notice sent for an appeal to the superior court as described in this section shall include and contain:

(1) The caption and civil action number of the case;

(2) The date the case was filed in the superior court;

(3) The county in which the appeal to superior court was filed;

(4) The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;

(5) Language in bold type notifying the person(s) receiving the notice that an appeal has been filed in the superior court;

(6) Language indicating that the aggrieved party will serve the named defendants;

(7) Language indicating that the persons receiving the notice may retain counsel and/or participate in the appeal insofar as the law allows;

(8) Language indicating that an appeal of a decision of a zoning board to the superior court is governed by § 45-24-69 and this section; and

(9) The date of the notice shall be contained on the notice.

(d) Within twenty (20) days after a notice as described in this section is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:

(1) A complete list of all the names and addresses of the intended recipients of the notice of the hearing;

(2) The date the notice was sent;

(3) An affirmative statement verifying the notice was sent by first class mail, postage prepaid;

(4) An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;

(5) A statement identifying all notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and

(6) A copy of the form of the notice shall be attached to the affidavit.
R.I. Gen. Laws § 45-55-8.2 — RI Code / Title 45 / Chapter 45-55 / Section 45-55-8.2
§ 45-55-8.2. Qualification-based selection of program managers, construction managers, or construction managers at risk.
Status: in_force

When the purchasing agent determines that the city or town needs the services of a program manager, construction manager, or construction manager at risk, the purchasing agent shall follow the regulations, as defined in § 45-55-4(16), for qualification-based selection for the procurement of such services.
R.I. Gen. Laws § 45-31-1 — RI Code / Title 45 / Chapter 45-31 / Section 45-31-1
§ 45-31-1. Short title.
Status: in_force

Chapters 31  33 of this title shall be known and may be cited as the Redevelopment Act of 1956.
R.I. Gen. Laws § 45-53-2 — RI Code / Title 45 / Chapter 45-53 / Section 45-53-2
§ 45-53-2. Legislative findings and intent.
Status: in_force

The general assembly finds and declares that there exists an acute shortage of affordable, accessible, safe, and sanitary housing for its citizens of low and moderate income, both individuals and families; that it is imperative that action is taken immediately to assure the availability of affordable, accessible, safe, and sanitary housing for these persons; that it is necessary that each city and town provide opportunities for the establishment of low and moderate income housing; and that the provisions of this chapter are necessary to assure the health, safety, and welfare of all citizens of this state, and that each citizen enjoys the right to affordable, accessible, safe, and sanitary housing. It is further declared to be the purpose of this chapter to provide for housing opportunities for low and moderate income individuals and families in each city and town of the state and that an equal consideration shall be given to the retrofitting and rehabilitation of existing dwellings for low and moderate income housing and assimilating low and moderate income housing into existing and future developments and neighborhoods.
R.I. Gen. Laws § 45-12-5.3 — RI Code / Title 45 / Chapter 45-12 / Section 45-12-5.3
§ 45-12-5.3. Debt maturity for United States Department of Agriculture/Rural Development bonds.
Status: in_force

Notwithstanding any contrary provisions of this chapter, or any other general or special law or provision of any municipal charter, bonds issued by a city or town which are purchased by the United States of America, acting through the United States Department of Agriculture/Rural Development, or any successor agency or department, shall be payable either by maturity of principal in the case of serial bonds or by mandatory serial redemption in the case of term bonds, in annual installments of principal, the first installment not later than five (5) years and the last installment not later than forty (40) years after the date of the bonds.
R.I. Gen. Laws § 45-15-10 — RI Code / Title 45 / Chapter 45-15 / Section 45-15-10
§ 45-15-10. Form of notice of injury  Time allowed incapacitated persons and estate administrators for notice.
Status: in_force

The notice required by § 45-15-9 shall be in writing, signed by the person injured or damaged, or by someone on the persons behalf, and shall be presented to the town council of the town or to the city council of the city; but if from physical or mental incapacity, it is impossible for the person injured to give the notice within the time prescribed in that section, the person may give the notice within ten (10) days after the incapacity is removed. In case of the persons death without having given the notice, and without having been for ten (10) days at any time after his or her injury of sufficient capacity to give the notice, the persons executor or administrator may give the notice within thirty (30) days after his or her appointment.
R.I. Gen. Laws § 45-12-13 — RI Code / Title 45 / Chapter 45-12 / Section 45-12-13
§ 45-12-13. Repair or replacement of damaged bond or note.
Status: in_force

Whenever the board is satisfied that any instrument or printed or written paper presented to it is in fact a valid bond or note of the city or town, but it is so damaged that its condition is as to hinder and prevent the owner or holder of a bond or note from making good delivery of the bond or note, the board may upon payment to it by the owner or holder of the bond or note, of a sum that it deems necessary to cover the actual expense involved, cause the damage to be repaired or remedied by requiring the proper officers of the city or town, to sign the bond or note in place of their damaged or destroyed signatures or those of their predecessors in office, to issue a duplicate bond or note, or to do whatever else the board may require of them to repair or remedy the damage. But no duplicate bond or note shall be issued except upon the surrender of the original, which shall be cancelled immediately, and the repaired or duplicate bond or note shall be treated in all respects as a valid obligation of the city or town, as the case may be. On every repaired or duplicate bond or note the city treasurer or town treasurer shall certify on the back that the bond or note has been repaired or issued under the provisions of this section and the certification shall be conclusive proof that the bond or note has been repaired or issued in accordance with the requirements of the board and that it is a valid obligation of the city or town, as the case may be, in accordance with its terms.
R.I. Gen. Laws § 45-55-1 — RI Code / Title 45 / Chapter 45-55 / Section 45-55-1
§ 45-55-1. Legislative findings.
Status: in_force

It is declared that a need exists to establish a uniform system for the award of contracts by municipalities, utilizing open cooperative bids.
R.I. Gen. Laws § 45-47-8 — RI Code / Title 45 / Chapter 45-47 / Section 45-47-8
§ 45-47-8. Priority of lien.
Status: in_force

Any lien arising under this chapter is superior to all liens, and interest, of any other party, including any insured owner, mortgagee, or assignee except mortgagees and assignees of bona fide mortgages. A bona fide mortgage is one granted for full and adequate value and consideration.
R.I. Gen. Laws § 45-2-1.1 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-1.1
§ 45-2-1.1. Authorization of every town, city and district to postpone their budgets and financial town meetings for Fiscal Year 2010-2011.
Status: in_force

(a) Notwithstanding any general or public law or rule or local charter or ordinance to the contrary, every city or town council in the State of Rhode Island is hereby authorized to postpone their FY 2010-2011 budget decisions, including their financial town meetings for up to ninety (90) days.

(b) For FY 2010-2011 only, every state or local statute, regulation, ordinance or other rule that requires related action (for example, the certifying of a tax roll) shall be extended for ninety (90) days from the date the statute, regulation, ordinance or other rule otherwise requires.
R.I. Gen. Laws § 45-34-2 — RI Code / Title 45 / Chapter 45-34 / Section 45-34-2
§ 45-34-2. Power of municipality to enter into agreements relative to disposal of wastes.
Status: in_force

In addition to the powers previously granted by any general or public law, any municipality or group of two (2) or more municipalities may, individually or collectively, pledge the credit of the municipality or groups of municipalities by written agreement with any person for the purpose of providing for the municipality or municipalities real and personal property or other facilities for use in disposal of liquid wastes and solid wastes, provided, that in the case of solid wastes, the agreements must be approved by the solid waste management corporation.
R.I. Gen. Laws § 45-61-1 — RI Code / Title 45 / Chapter 45-61 / Section 45-61-1
§ 45-61-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the Rhode Island Stormwater Management and Utility District Act of 2002.
R.I. Gen. Laws § 45-22-2 — RI Code / Title 45 / Chapter 45-22 / Section 45-22-2
§ 45-22-2. Appointing authority.
Status: in_force

In cities and towns having an elected mayor or administrator, members of the planning board or commission are appointed by the mayor or administrator with the consent of the city or town council and, in other towns, members are appointed by the town council. Cities and towns operating under a home rule charter may continue the appointment of members in the manner established under that charter.
R.I. Gen. Laws § 45-25-12 — RI Code / Title 45 / Chapter 45-25 / Section 45-25-12
§ 45-25-12. Compliance with laws and contractual obligations.
Status: in_force

The authority and its commissioners are under a statutory duty to comply or to cause compliance strictly with all provisions of chapters 25  27 of this title and the laws of the state, and in addition, with each and every term, provision, and covenant in any contract of the authority on its part to be kept or performed.
R.I. Gen. Laws § 45-21-65 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-65
§ 45-21-65. Other post-employment benefits  OPEB trusts.
Status: in_force

(a) Notwithstanding the provisions of any general or special law, or the provisions of any municipalitys home rule charter, to the contrary, for purposes of funding any unfunded liability for other post-employment benefits including, but not limited to, health care and dental care benefits hereinafter referred to as (OPEB) in accordance with government accounting standards board statements 43 and 45, a municipality, acting by its treasurer or director of finance, upon an approving resolution of the city or town council or agency board as applicable, may enter into a trust agreement between the municipality and a corporate trustee which shall be a bank or trust company doing business in the state, or a corporation established pursuant to chapter 5 of this title. This trust agreement shall be in any form deemed proper by the treasurer or director of finance of the municipality, and shall be executed by its treasurer or director of finance and countersigned by its mayor or president of the town council. It shall be lawful for any bank, trust company, or entity organized pursuant to § 45-5-20.1 doing business in the state to act as a depository or trustee under this trust agreement, and to furnish indemnification and pledge securities that may be required by any municipality.

(b) OPEB trust funds shall be credited with all amounts appropriated or otherwise made available by the municipality for the purposes of meeting the current and future OPEB costs payable by the municipality. OPEB trust funds shall also be credited with all amounts contributed or otherwise made available by employees of the municipality for the purpose of meeting future OPEB costs payable by the municipality. Amounts in an OPEB trust fund, including any earnings or interest accruing from the investment of these amounts, shall be expended only for the payment of the costs payable by the municipality for OPEB or as otherwise permitted by the terms of the trust and applicable law. The director of finance or treasurer, as applicable, shall invest and reinvest the amounts in the OPEB trust fund not needed for current disbursement in any investment permitted for the municipalitys pension funds consistent with the prudent person rule and investment policies of the municipality, if any.

(c) Municipalities are hereby authorized to enter into agreements, trusts, contracts, and other arrangements with the state and any of its departments, agencies, boards or commissions relating to the execution, management or operation of the OPEB trust funds, including, but not limited to, investments, and the state and its departments, agencies, boards and commissions are hereby authorized to enter into such agreements, contracts and other arrangements with municipalities. Notwithstanding any provisions of any general or special law or principle of equity to the contrary, the state shall have no liability to any municipality for entering into such agreements.

(d) A municipality may employ any qualified bank, trust company, corporation, firm or person to advise it on the investment of the OPEB trust fund and may pay from the OPEB trust fund for this advice and other services. Procurement for these services shall be subject to the procurement procedures and rules governing municipalities in the state.

(e) Municipalities are also hereby authorized to enter into agreements, trusts, contracts, and other arrangements with any corporation established pursuant to chapter 5 of this title relating to the execution management or operations of OPEB trust funds including, but not limited to, investments, and the corporations established pursuant to § 45-5-20.1 are hereby authorized to enter into such agreements, trusts, contracts or other arrangements with municipalities.

(f) Any OPEB trusts that have been created by municipalities and are in effect on the date hereof are hereby ratified and confirmed.

(g) Nothing herein shall be construed to exempt OPEB trusts from the Rhode Island Access to Public Records Act, § 38-2-1 et seq.
R.I. Gen. Laws § 45-52-2 — RI Code / Title 45 / Chapter 45-52 / Section 45-52-2
§ 45-52-2. Authority.
Status: in_force

(a) The electors of the district may at any meeting adopt and ordain bylaws as they deem necessary and proper for the purposes of this chapter and not repugnant to it and not inconsistent with any other law.

(b) The district is authorized to raise money by tax on the real property within the district: for the purchase of land and erection of buildings for use by the district; for the payment of the personnel employed to protect and maintain property owned by the district; and for the purchase, installation, improvements, and maintenance of roads, right of ways, watersheds, water systems, wells, pumping stations, piping, storage facilities, green space, and beaches within the district.
R.I. Gen. Laws § 45-13-1.1 — RI Code / Title 45 / Chapter 45-13 / Section 45-13-1.1
§ 45-13-1.1. Aid reduced by amounts owed state entities.
Status: in_force

If any city or town fails to pay any assessment, bill, or charge levied, presented, or imposed by any public or quasi-public board, commission, corporation, council, authority, agency, department, committee or other similar body organized under the laws of this state, within one hundred eighty (180) days of the presentment for payment of the assessment, bill, or charge to the city or town, then there shall be deducted from any state aid, determined to be due under the provisions of this chapter, an amount equal to that due and owing any or all of those commissions; provided, that the amount of any deduction shall be reduced by the amount of any bill or charge presented for payment by city or town to the state, which bill or charge has not been paid by the state within one hundred eighty (180) days of presentment.
R.I. Gen. Laws § 45-42-1 — RI Code / Title 45 / Chapter 45-42 / Section 45-42-1
§ 45-42-1. Emergency police power.
Status: in_force

(a) When the police chief of a city or town within the state, or his or her designee, requests emergency police assistance from another city or town police department within the state, the officers responding to the request shall be subject to the authority of the requesting chief and have the same authority, powers, duties, privileges, and immunities as a duly appointed police officer of the city or town making the request, until the requesting chief of police discharges and releases the assisting police officers to their own city or town departments.

(b) Law enforcement officers from out of state shall have limited emergency police powers to transport, guard, and maintain custody of any person who is arrested out of state but transported to a Rhode Island medical facility for emergency medical treatment. Prior to entry into Rhode Island, the out-of-state police department maintaining custody of said arrested person shall notify the Rhode Island state police of the transport and the site of the emergency medical treatment. The emergency police powers granted shall cease immediately upon the expiration of eight (8) hours from the time of notification, or upon a fugitive-from-justice warrant being executed, whichever shall arise first.
R.I. Gen. Laws § 45-25-10.4 — RI Code / Title 45 / Chapter 45-25 / Section 45-25-10.4
§ 45-25-10.4. City of East Providence housing authority.
Status: in_force

Notwithstanding the provisions of § 45-25-10, commencing September 1, 2000, the housing authority of the city of East Providence is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities in the city of East Providence. Each shall be appointed for a three (3) year term by the mayor who shall make the appointments from a list of persons submitted to the mayor by the executive director of the housing authority. The list shall contain no fewer than eight (8) nominees, with no fewer than two (2) nominees to be from any one public housing authority site. If fewer than eight (8) nominees wish to be considered for appointment, the mayor may select only one from residents of public housing facilities. The list shall be submitted to the mayor for appointment every three (3) years, and the residents appointed as housing authority commissioners shall serve a term of three (3) years, provided that no commissioner shall serve more than three (3) consecutive three (3) year terms. The method of selection of the residents to the list shall be determined by the mayor. If any resident commissioner no longer lives in public housing, his or her office shall be deemed vacated.
R.I. Gen. Laws § 45-44-2 — RI Code / Title 45 / Chapter 45-44 / Section 45-44-2
§ 45-44-2. Cataloging of dwellings and parcels.
Status: in_force

Upon adoption of a homestead program, a city or town shall compile and maintain a catalog of all unoccupied dwellings and vacant lots owned by the city or town which the city or town determined are parcels that can be utilized for rehabilitation or new construction by private individuals.
R.I. Gen. Laws § 45-26-4 — RI Code / Title 45 / Chapter 45-26 / Section 45-26-4
§ 45-26-4. Appointment, terms, and compensation of commissioner.
Status: in_force

(a)(1) When the town council adopts a resolution creating a town authority, the town council shall appoint five (5) persons as commissioners of the town authority; provided, however, that the town of Lincoln shall appoint seven (7) persons as commissioners of the town authority. The commissioners who are first appointed shall be designated to serve for terms of one, two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment, but, subsequently, commissioners shall be appointed for a term of office of five (5) years, except that all vacancies shall be filled for the unexpired term, those appointments to be made by the town council.

(2) Provided, however, that the commission members of the town authority of the town of Lincoln must be residents of the town of Lincoln during the term of their appointment. Provided, further, that at least one of the commission members of a town authority must be a resident as well as a resident of a public housing facility during the term of their appointment. A public housing resident commissioner shall be appointed by the appointing authority from a list of nominees chosen in open election by the occupants of public housing. Upon the failure of the election process, there shall be a provision for an application process. Nothing in this subsection shall be construed as preventing the appointing authority from appointing more than one resident of public housing to the commission.

(3) [Deleted by P.L. 2024, ch. 427, § 2.]

(b) A commissioner of the town of North Providence shall receive twenty-five dollars ($25.00) per meeting but not in excess of five hundred dollars ($500) per year as compensation for the commissioners services; provided, that a commissioner of the town of Coventry shall only receive twenty-five dollars ($25.00) per attended meeting but not in excess of six hundred dollars ($600) per year as compensation for the commissioners services, provided, further, that the chairperson of the Coventry housing authority shall receive thirty-five dollars ($35.00) per attended meeting but not in excess of eight hundred forty dollars ($840) per year as compensation for the chairpersons services.
R.I. Gen. Laws § 45-25-18.1 — RI Code / Title 45 / Chapter 45-25 / Section 45-25-18.1
§ 45-25-18.1. Adoption of rules and regulations.
Status: in_force

(a) To the extent not inconsistent with law, each housing authority shall adopt and promulgate reasonable rules which establish:

(1) Eligibility requirements for admission to housing.

(2) Obligations of tenants, including regulations for the use and occupation of housing units and common areas.

(3) Just cause for the termination of the right of use and occupation, so that a tenant may be clearly apprised of the precise reasons for a termination. Just cause for the termination includes, but is not limited to, a serious or repeated failure to comply with the obligations of the lease or the lawful rules and regulations of the housing authority, such as a failure to pay successive installments of rent; the continued use of a unit for any unlawful purpose; the maintenance of any unsafe, unsanitary, or unhealthful condition in any dwelling unit or in any of the common areas; and ineligibility for continued occupancy by reason of over income.

(4) Conditions for continued occupancy, taking account of such factors as family size and changes in the family, fluctuations in income, availability of standard accommodations elsewhere, and other relevant matters; provided, that no increase in the annual income of the tenant or in the aggregate annual income of the tenant and the tenants family is cause for any increase in the tenants rent or for termination of the lease for a period of one year after the increase in the tenants income or in the aggregate income of the tenant and the tenants family has occurred.

(b) The authority may adopt other rules that are necessary to the just and effective administration of local housing projects constructed and operated as provided by this chapter.

(c) For all rules to be valid, they shall be published in a conspicuous place in each housing project operated by the authority.
R.I. Gen. Laws § 45-23-36.1 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-36.1
§ 45-23-36.1. Electronic permitting.
Status: in_force

(a) On or before October 1, 2025, every municipality in the state shall adopt and implement one electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all development applications filed under this chapter. For purposes of this section, electronic permitting means use of computer-based tools and services that automate and streamline the application process to include, but not be limited to, task-specific tools for: applications; submission of plans; completed checklists and checklist documents; reports; plan review; permitting; scheduling; certificates of completeness and incompleteness; supplemental submissions; project tracking; staff and technical review committee comments; fee calculation and collection.

(b) The state building commissioner, with the assistance of the office of regulatory reform and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may promulgate rules and regulations to implement the provisions of this section.

(c) The local towns and cities shall charge each applicant an additional one-tenth percent (.1%) of the total application fee for each application submitted. This additional amount shall be transmitted monthly to the state building office at the department of business regulation, and shall be used to staff and support the purchase or lease and operation of one web-accessible service and/or system to be utilized by the state and municipalities for the uniform, statewide electronic submission, review and processing of development applications as set forth in this section.

(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to the contrary, all acts, requirements, filings, and documents necessary to comply with the application process shall be conducted by means of electronic permitting.

(e) The department of business regulation shall reimburse annual fees and costs associated with compliance with this program in accordance with procedures established by the department.
R.I. Gen. Laws § 45-32-31 — RI Code / Title 45 / Chapter 45-32 / Section 45-32-31
§ 45-32-31. Publication of resolution and declaration.
Status: in_force

After the filing of the resolution, plat, and declaration, pursuant to § 45-32-27, the secretary of the agency shall cause a copy of the resolution and declaration to be published in some newspaper published in the county where the real property lies, at least once a week for three (3) successive weeks.
R.I. Gen. Laws § 45-58-12 — RI Code / Title 45 / Chapter 45-58 / Section 45-58-12
§ 45-58-12. Money of the utility district.
Status: in_force

(a) All money of the utility district, from whatever source derived, shall be paid to the treasurer of the utility district. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the accounts shall be paid out with a check of the treasurer, on requisition by the utility district, or of any other person or persons that the utility district may authorize to make the requisitions. All deposits of money shall be secured by obligations of the United States or of the state, of a market value at all times not less than the amount of deposits, and all banks and trust companies are authorized to give security for the deposits. The utility district shall have the power, notwithstanding the provisions of this section, to contract with the holders of any of its bonds as to the custody, collection, security, investment and payment of any money of the authority, or any money held in trust or otherwise for the payment of bonds or in any way to secure the bonds, and to carry out any contract notwithstanding that the contract may be inconsistent with the previous provisions of this section. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money may be secured in the same manner as the money of the authority, and all banks and trust companies are authorized to give security for the deposits.

(b) Notwithstanding subsection (a) of this section, or any other provision of this chapter, the board of utility commissioners shall have the power to authorize by resolution a loan or advance from one utility fund of the utility district to another. Any such interfund advance or loan shall be for a term specified in the authorizing resolution of the board of utility commissioners and shall bear interest at a rate reasonably determined by the board of utility commissioners to be consistent with the public interest implicated in all funds involved in the interfund loan or advance; provided, however, that an interest rate set at the rate applicable to the utility districts most recent borrowing from a bank or other financial institution shall be presumptively reasonable as the rate of interest for an interfund loan or advance.
R.I. Gen. Laws § 45-2-11 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-11
§ 45-2-11. Medical services for employees.
Status: in_force

Each city and town is hereby authorized and empowered, through its respective legislative body, to enact ordinances for the purpose of providing hospital, medical, surgical, nursing, dental, and other health care and services for the protection of the health of any or all of the employees of the city or town and/or their dependents, and/or of any or all of the employees presently retired or who may retire and/or their dependents, as the legislative body may deem desirable, under any nonprofit plan or plans established, maintained, and operated by a nonprofit hospital service corporation, and/or by a nonprofit medical service corporation, organized under the laws of this state, and to appropriate from time to time, in the manner provided by law for appropriations and expenditures by the city or town, any sums necessary for the purpose of providing that care and service.
R.I. Gen. Laws § 45-31-17 — RI Code / Title 45 / Chapter 45-31 / Section 45-31-17
§ 45-31-17. Validation of prior acts.
Status: in_force

All ordinances, resolutions, official acts, and determinations, and all other actions and proceedings taken or purporting to have been taken before April 2, 1956, under and pursuant to chapter 1802 of the Public Laws of 1946, as amended, and chapter 2574 of the Public Laws of 1950, by any community or redevelopment agency, are ratified, confirmed, and declared legal in all respects, and shall continue in effect under the provisions of chapters 31  33 of this title. The creation, establishment, and organization of any redevelopment agency authorized, or purporting to have been authorized, to transact business and exercise powers under chapter 1802 of the Public Laws of 1946, as amended, and chapter 2574 of the Public Laws of 1950, are hereby ratified, confirmed, and declared legal in all respects.
R.I. Gen. Laws § 45-3-17 — RI Code / Title 45 / Chapter 45-3 / Section 45-3-17
§ 45-3-17. Moderator to preside.
Status: in_force

In all meetings of the electors or voters in a town, representative district, or voting district, the moderator of the meeting shall preside.
R.I. Gen. Laws § 45-6-8 — RI Code / Title 45 / Chapter 45-6 / Section 45-6-8
§ 45-6-8. Officers for execution of ordinances  Enforcement expenses.
Status: in_force

Town and city councils may appoint all necessary officers for the execution of their ordinances, bylaws, and regulations, may define their duties, and fix their compensation, where provisions are not made by law, and may remove any of these officers at pleasure, but no expense of process, commitment, or detention, under those ordinances and regulations, is chargeable to the state.
R.I. Gen. Laws § 45-5-3 — RI Code / Title 45 / Chapter 45-5 / Section 45-5-3
§ 45-5-3. Quorum  Majority required for action.
Status: in_force

A majority of the persons elected as members of any town council shall be a quorum and a majority of the members present at any legal meeting may determine any matter legally before them.
R.I. Gen. Laws § 45-4-11 — RI Code / Title 45 / Chapter 45-4 / Section 45-4-11
§ 45-4-11. Engagement of town and city officers.
Status: in_force

Unless some other form of engagement is specially prescribed by law, every person elected to any town or city office, whether by the town, city council, or town council, and every moderator and warden, and ward and district clerk, shall take the following engagement before he or she acts in that office, before some person authorized to administer oaths:

You (naming the person) do solemnly swear (or, affirm) that you will be true and faithful unto this state, and support the laws and Constitution thereof, and the Constitution of the United States; and that you will well and truly execute the office of (naming the office) for the term for which you have been elected, or until another be engaged in your place, or until you be legally discharged therefrom; so help you God (or this affirmation you make and give upon peril of the penalty of perjury).
R.I. Gen. Laws § 45-37-3 — RI Code / Title 45 / Chapter 45-37 / Section 45-37-3
§ 45-37-3. Powers.
Status: in_force

In addition to any other powers which it may now have, and notwithstanding any law to the contrary, the state and any municipality have, without any other authority, the following powers:

(1) To acquire by gift, from a nonbusiness corporation formed under the provisions of chapter 6 of title 7, one or more industrial facilities, which are located within this state and which may be located within or partially within the municipality.

(2) To lease to any person, firm, partnership, or corporation, either public or private, any or all of its industrial facilities for rentals and upon terms and conditions and for a period or periods as the governing body of the appropriate municipality may deem advisable or, in respect of the state, or a department, board, body, or commission of the state, as the governor may deem advisable; provided, that the lease or leases require that the payment of all costs of operation, maintenance, and upkeep of the industrial facilities be paid by the lessee, sublessee, or occupant, and that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs.

(3) To sell and convey all or any part of any industrial facility owned by it at public or private sale with or without advertisement, and to do all acts necessary to the accomplishment of that sale or conveyance.
R.I. Gen. Laws § 45-23-53 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-53
§ 45-23-53. Local regulations  Public hearing and notice requirements.
Status: repealed

(a) No local regulations shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city or town planning board. The city or town planning board shall first give notice of the public hearing by publication of notice in a newspaper of local circulation within the municipality at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. The same notice shall be posted in the town or city clerks office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. At this hearing, opportunity shall be given to all persons interested on being heard upon the matter of the proposed regulations. The newspaper notice shall:

(1) Specify the place of the hearing and the date and time of its commencement;

(2) Indicate that adoption, amendment, or repeal of local regulations is under consideration;

(3) Contain a statement of the proposed amendments to the regulations that may be printed once in its entirety, or may summarize or describe the matter under consideration as long as the intent and effect of the proposed regulation is expressly written in that notice;

(4) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

(5) State that the proposals shown on the notice may be altered or amended prior to the close of the public hearing without further advertising as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.

(b) Notice of the public hearing shall be sent by first-class mail to the city or town planning board of any municipality where there is a public or quasi-public water source, or private water source that is used, or is suitable for use, as a public water source, located within two thousand feet (2,000²) of the municipal boundaries.

(c) Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source, located within either the municipality or two thousand feet (2,000²) of the municipal boundaries; provided, that a map survey has been filed with the building inspector as specified in § 45-24-53(f).

(d) Notwithstanding any of the requirements set forth in subsections (a) through (c) above, each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the local regulations. Municipalities shall annually provide public notice of the existence of the registry by a publication of notice in a newspaper of general circulation within the municipality. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the municipality may use to impart information to the local community.

(1) Provided, however, notice pursuant to a public notice registry as per this section does not alone qualify a person or entity on the public notice registry as an aggrieved party under § 45-24-31.

(e) No defect in the form of any notice under this section renders any regulations invalid, unless the defect is found to be intentional or misleading.

(f) The cost of newspaper notice and mailings shall be borne by the applicant.

(g) The requirements in this section are to be construed as minimum requirements.
R.I. Gen. Laws § 45-19-3 — RI Code / Title 45 / Chapter 45-19 / Section 45-19-3
§ 45-19-3. Appropriations for dependents of police officers killed in line of duty.
Status: in_force

The general assembly shall annually appropriate any sum that it deems necessary for the payments of annuities to the dependents of any member of the police force killed or dying as the result of injuries received while in the performance of his or her duty; and the controller, upon the receipt by the controller of proper vouchers approved by the director of labor and training or the directors authorized agent, is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or sums that may be required from time to time.
R.I. Gen. Laws § 45-23-36 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-36
§ 45-23-36. General provisions  Authority and application for development and certification of completeness.
Status: in_force

(a) Authority. Municipalities shall provide for the submission and approval of land development projects and subdivisions, as such terms are defined in the Rhode Island Zoning Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which shall be consistent with the requirements of this chapter. The local regulations must include all requirements, procedures, and standards necessary for proper review and approval of applications made under this chapter to ensure consistency with the intent and purposes of this chapter and with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991.

(b) Classification. In accordance with this chapter, the administrative officer shall advise the applicant as to which category of approval is required for a project. An applicant shall not be required to obtain both land development and development plan review, for the same project. The following categories of applications, as defined in this chapter, may be filed:

(1) Subdivisions. Administrative subdivision, minor subdivision, or major subdivision;

(2) Land development projects. Minor land development or major land development; and

(3) Development plan review.

(c) Certification of a complete application. An application shall initially be reviewed by the administrative officer solely for the purpose to determine whether the application lacks information required for the respective applications type as specified in the local checklist, and whether the applicant lacks items or information which was required as a condition of a previous approval stage(s) for the same project. An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application. See §§ 45-23-38, 45-23-39, and 45-23-50 for applicable certification timeframes and requirements. An application shall not be deemed incomplete for reasons other than the failure to supply an item or items listed on the applicable checklist.

(d) Notwithstanding other provisions of this section, the planning board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.

(e) Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review is stayed and resumes when the administrative officer or the planning board determines that the required application information is complete.
R.I. Gen. Laws § 45-24-71 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-71
§ 45-24-71. Appeals  Appeal of enactment of or amendment to zoning ordinance.
Status: in_force

(a) An appeal of an enactment of or an amendment to a zoning ordinance may be taken to the superior court for the county in which the municipality is situated by filing a complaint within thirty (30) days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any group of residents or landowners whether or not incorporated, of the municipality. The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make other orders that it deems necessary for an equitable disposition of the appeal.

(b) The complaint shall state with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.

(c) The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.

(d) In the case of an aggrieved party, where the court has found that the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan, then the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the legislative body of the municipality, with its findings that a taking has occurred, and order the municipality to either provide just compensation or rescind the enactment or amendment within thirty (30) days.

(e) The superior court retains jurisdiction, in the event that the aggrieved party and the municipality do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. The superior court retains jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking exists.

(f) The court may, in its discretion, upon the motion of the parties or on its own motion, award reasonable attorneys fees to any party to an appeal, including a municipality.
R.I. Gen. Laws § 45-56-3 — RI Code / Title 45 / Chapter 45-56 / Section 45-56-3
§ 45-56-3. Powers regarding motor vehicle parking.
Status: in_force

In addition to the powers enumerated in § 45-56-2, the ordinance establishing the downtown center special services district may confer upon the district some or all of the following powers:

(1) To construct, acquire, or obtain a lease-hold interest in a motor vehicle parking facility, within or without the district;

(2) To operate a motor vehicle parking facility, within or without the district;

(3) To lease or sublease to other parties motor vehicle parking facilities; and

(4) To enter into, fund and perform agreements which reduce the cost of motor vehicle parking to residents of the district and to employees of, and those doing business with, businesses located within the district.
R.I. Gen. Laws § 45-23-50.1 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-50.1
§ 45-23-50.1. Special provisions  Unified development review.
Status: in_force

(a) A municipal zoning ordinance shall provide for unified development review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing, review, and approval of applications, pursuant to § 45-24-46.4 and this section.

(b) Review of projects submitted under the unified development review provisions of the regulations shall adhere to the procedures, timeframes, and standards of the underlying category of the project as listed in § 45-23-36, but shall also include the following procedures:

(1) Minor subdivisions and land development projects. Except for dimensional relief granted by modification as set forth in §§ 45-23-38 and 45-24-46, requests for variances and/or for the issuance of special-use permits related to minor subdivisions and land development projects shall be submitted as part of the application materials for the preliminary plan stage of review or if combined, for the first stage of reviews. A public hearing on the application, including any variance and special-use permit requests that meets the requirements of subsection (d) of this section shall be held prior to consideration of the preliminary plan by the planning board or commission. The planning board or commission shall conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan application for the minor subdivision or land development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

(2) Development plan review. Except for dimensional relief granted by modification as set forth in §§ 45-23-50 and 45-24-46, requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special-use permits shall be submitted as part of the application materials for the preliminary plan stage of review. A public hearing on the application, including any variance and special-use permit requests that meets the requirements of subsection (d) of this section shall be held prior to consideration of the preliminary plan by the relevant permitting authority. The authorized permitting authority shall conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan application. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

(3) Major subdivisions and land development projects  Master plan. Except for dimensional relief granted by modification as set forth in § 45-23-39, requests for variances for relief from the literal requirements of the zoning ordinance and/or for the issuance of a special-use permit related to major subdivisions and land development projects shall be submitted as part of the application materials for the master plan stage of review, or if combined, the first stage of review. A public hearing on the application, including any variance and special-use permit requests, that meets the requirements of subsection (d) of this section, shall be held prior to consideration of the master plan by the planning board or commission. The planning board or commission shall conditionally approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the master plan application for the major subdivision or land development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land development project.

(4) Major subdivisions and land development projects  Preliminary plan. During the preliminary plan stage of review, applicants shall have the ability to request alteration of any variance(s) and/or special-use permit(s) granted by the planning board or commission during the master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based on the outcomes of the more detailed planning and design necessary for the preliminary plan. If necessary, the applicant shall submit such requests and all supporting documentation along with the preliminary plan application materials. If the applicant requests new or additional zoning relief at this stage, a public hearing on the application, that meets the requirements of subsection (d) of this section, shall be held prior to consideration of the preliminary plan by the planning board or commission. The planning board or commission shall conditionally approve, amend, or deny the requests for alteration(s), new variance(s), and/or new special-use permit(s), before considering the preliminary plan application for the major subdivision or land development project. Approval of the alteration(s), new variance(s), and/or new special-use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land development project. If the planning board or commission denies the request for alteration(s), new variance(s), and/or new special-use permit(s), the planning board shall have the option of remanding the application back to the master plan stage of review. Alternatively, if the planning board or commission denies the request for alteration(s), new variance(s), and/or new special-use permit(s), the applicant may consent to an extension of the decision period mandated by § 45-23-39 so that additional information can be provided and reviewed by the board or commission.

(c) Decision. The time periods by which the planning board or commission must approve or deny applications for variances and special-use permits under the unified development review provisions of the local regulations shall be the same as the time periods by which the board must make a decision on the applicable review stage of the category of project under review.

(d) Unless otherwise provided in this chapter all applications under this section shall require a single public hearing, held pursuant to subsection (b) of this section. The public hearing must meet the following requirements:

(1) Public hearing notice shall adhere to the requirements found in § 45-23-42(1);

(2) The notice area for notice of the public hearing shall be specified in the local regulations, and shall, at a minimum, include all property located in or within not less than two hundred feet (200²) of the perimeter of the area included in the subdivision and/or land development project. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if: (i) The notice area extends into the adjacent municipality; or (ii) The development site extends into the adjacent municipality; or (iii) There is a potential for significant negative impact on the adjacent municipality. Additional notice within watersheds shall also be sent as required in § 45-23-53(b) and (c);

(3) Public notice shall indicate that dimensional variance(s), use variance(s), and/or special-use permit(s) are to be considered for the subdivision and/or land development project; and

(4) The cost of all public notice is to be borne by the applicant.

(e) The time periods by which the permitting authority must approve, approve with conditions, or deny requests for variances and special-use permits under the unified development review provisions of a zoning ordinance shall be the same as the time periods by which the board must make a decision on the applicable review stage of the underlying type of project under review.

(f) The expiration periods of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.

(g) Decisions under this section, including requests for the variance(s) and/or special-use permits that are denied by the permitting authority, may be appealed pursuant to § 45-23-71.
R.I. Gen. Laws § 45-21-22 — RI Code / Title 45 / Chapter 45-21 / Section 45-21-22
§ 45-21-22. Accidental disability allowance.
Status: in_force

Upon retirement for accidental disability, a member receives a retirement allowance equal to sixty-six and two-thirds percent (662/3%) of the rate of the members compensation at the date of the members retirement subject to the provisions of § 45-21-31.
R.I. Gen. Laws § 45-24-51 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-51
§ 45-24-51. Adoption  Procedure for adoption or amendment.
Status: in_force

The city or town shall designate the officer or agency to receive a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map(s). Immediately upon receipt of the proposal, the officer or agency shall refer the proposal to the city or town council, and to the planning board or commission of the city or town for study and recommendation. The planning board or commission shall, in turn, notify and seek the advice of the city or town planning department, if any, and report to the city or town council within forty-five (45) days after receipt of the proposal, giving its findings and recommendations as prescribed in § 45-24-52. Where a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map is made by the city or town planning board or commission, the requirements for study by the board may be waived; provided, that the proposal by the planning board includes its findings and recommendations pursuant to § 45-24-52. The city or town council shall hold a public hearing within sixty-five (65) days of receipt of a proposal, giving proper notice as prescribed in § 45-24-53. The city or town council shall render a decision on any proposal within forty-five (45) days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.
R.I. Gen. Laws § 45-14-7 — RI Code / Title 45 / Chapter 45-14 / Section 45-14-7
§ 45-14-7. Severability.
Status: in_force

If any part, subdivision, or section of this chapter is declared unconstitutional, the validity of the remaining parts shall not be affected.
R.I. Gen. Laws § 45-23-63 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-63
§ 45-23-63. Procedure  Meetings  Votes  Decisions and records.
Status: in_force

(a) All records of the planning board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivisions projects under review by the planning board shall be available for public review.

(b) Participation in a planning board meeting or other proceedings by any party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(c) All final written comments to the planning board from the administrative officer, municipal departments, the technical review committee, state and federal agencies, and local commissions are part of the permanent record of the development application.

(d) Votes. All votes of the planning board shall be made part of the permanent record and show the members present and their votes. A decision by the planning board to approve any land development or subdivision application requires a vote for approval by a majority of planning board members present at the time of the vote. A decision by the planning board to approve a variance or special-use permit pursuant to any adopted unified development review regulations requires a vote for approval by a majority of the planning board members that were present at the public hearing at which the request was heard.

(e) All written decisions of the planning board shall be recorded in the land evidence records within twenty (20) days after the planning board vote. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the administrative officer.
R.I. Gen. Laws § 45-15-1 — RI Code / Title 45 / Chapter 45-15 / Section 45-15-1
§ 45-15-1. Corporate capacity of towns.
Status: in_force

The inhabitants of every town shall continue to be a body corporate, and may, in their corporate name, sue and be sued, prosecute and defend, in any court and elsewhere.
R.I. Gen. Laws § 45-27-11 — RI Code / Title 45 / Chapter 45-27 / Section 45-27-11
§ 45-27-11. Remedies of obligee.
Status: in_force

An obligee of the authority has the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:

(1) By mandamus, suit, action, or proceeding in law or equity (all of which may be joined in one action) to compel the authority, and its commissioners, officers, agents, or employees to perform each and every term, provision, and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by chapters 25  27 of this title.

(2) By suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of an obligee of the authority.

(3) By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part of it to be surrendered to any obligee having the right to possession pursuant to any contract of the authority.
R.I. Gen. Laws § 45-10-6.1 — RI Code / Title 45 / Chapter 45-10 / Section 45-10-6.1
§ 45-10-6.1. Corrective action plan.
Status: in_force

If the auditor conducting the post audit expresses an opinion on the financial statements of a municipality or school district that is other than unqualified, the chief finance officer of the municipality or school district shall submit a detailed corrective action plan and timetable, which addresses the issue(s) which caused the auditors qualified opinion on the financial statements. The plan and timetable shall be submitted to the city or town council, the school committee, state auditor general and director of revenue within forty-five (45) days of receipt of the final audit. The chief finance officer of each municipality and each school district shall also submit all findings and recommendations reported by the auditors making the post audit, including those reported in a separate management letter, to the city or town council, to the state auditor general, the school committee and director of revenue. The chief finance officer of the municipality and each school district shall prepare a plan of revenue corrective action and timetable for all findings and recommendations and shall submit the plan to the city or town council, the school committee, state auditor general and director of revenue within forty-five (45) days of receipt of a written report or letter of findings and recommendations from the auditors. All management letters shall be public records. The term school district shall include regional school districts.
R.I. Gen. Laws § 45-50-2 — RI Code / Title 45 / Chapter 45-50 / Section 45-50-2
§ 45-50-2. Authorities created.
Status: in_force

There is created in each city and town a body corporate and politic known as the municipal public buildings authority of the municipality, which is an instrumentality and agency of the city or town, but has a distinct legal existence from the city or town.
R.I. Gen. Laws § 45-2-58 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-58
§ 45-2-58. Town of Smithfield  Municipal court.
Status: in_force

(a) The town council of the town of Smithfield may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violations of the town of Smithfield Charter, Code of Ordinances, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the superior court for Providence County and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with subsections 8-8-3(a)(4) and 8-8-3.2.

(b) With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the courts jurisdiction, the power to proceed according to equity:

(1) To restrain, prevent, enjoin, abate or correct a violation;

(2) To order the repair, vacation or demolition of any dwelling existing in violation;

(3) To otherwise compel compliance with all of the provisions of the ordinances and statutes.

(c) The municipal court shall have concurrent jurisdiction with the Rhode Island Traffic Tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3. Adjudication of summons by the municipal court shall be in conformance with § 8-18-4. The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief judge of the district court in accordance with § 8-18-11. Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3, may seek review thereof pursuant to the procedures set forth in § 31-41.1-8.

(d) The town council of the town of Smithfield is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of Smithfield is authorized and empowered to enact ordinances governing the personnel, operation and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses and punish persons for contempt and to execute search warrants to the extent the warrants could be executed by a judge of the district court.
R.I. Gen. Laws § 45-2-69 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-69
§ 45-2-69. Town of Johnston  Municipal court  Municipal housing court.
Status: in_force

(a) Municipal court jurisdiction. The town council of the town of Johnston may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine cases involving the violation of any ordinance; provided, however, that any defendant found guilty of any offense, excluding violations outlined in subsection (b) of this section, may, within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled, in the latter court, to a trial de novo.

(b) Municipal housing court jurisdiction.

(1) The town council of the town of Johnston may establish a municipal housing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title (zoning ordinances); any violation of chapter 24.1 of this title (historical zoning act); any violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter 24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this title (subdivision of land and occupancy code); any violation of any local Johnston ordinance or regulation, enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (state building code); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-I Rhode Island state building code; SBC-2 Rhode Island state one- and two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgement, decree, or order of the Johnston housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the superior court and be entitled in the latter court to a trial de novo.

(2) With respect to violations falling under the jurisdiction of the Johnston housing court, as outlined in subsection (b)(1) of this subsection, the town council may also confer upon the housing court, in furtherance of the courts jurisdiction, the power to proceed according to equity:

(i) To restrain, prevent, enjoin, abate, or correct a violation;

(ii) To order the repair, vacation, or demolition of any dwelling existing in violation;

(iii) To otherwise compel compliance with all of the provisions of the ordinances and statutes; and

(iv) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property that shall be binding upon all those claiming by, through, under; or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

(c) Appointment of municipal court judge and housing court clerk. The town council of the town of Johnston is authorized and empowered to appoint a judge of the municipal court, who may be, but is not required to be, the same person(s) holding the judgeship over the municipal court. The town council of the town of Johnston is also authorized to appoint a judge and clerk of the housing court, who may be, but is not required to be, the same person(s) holding the judgeship over the municipal court.

(d) Operation, management, and powers of the municipal court and housing court. The town council is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose fines not in excess of five hundred dollars ($500) and is empowered to administer oaths; compel the attendance of witnesses; and punish persons for contempt.
R.I. Gen. Laws § 45-23-30 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-30
§ 45-23-30. General purposes of land development and subdivision review ordinances, regulations and rules.
Status: in_force

Land development and subdivision review ordinances, regulations and rules shall be developed and maintained in accordance with this chapter and with a comprehensive plan which complies with chapter 22.2 of this title and a zoning ordinance which complies with § 45-24-27 et seq. Local regulations shall address the following purposes:

(1) Providing for the orderly, thorough and expeditious review and approval of land developments and subdivisions;

(2) Promoting high quality and appropriate design and construction of land developments and subdivisions;

(3) Promoting the protection of the existing natural and built environment and the mitigation of all significant negative impacts of any proposed development on the existing environment;

(4) Promoting design of land developments and subdivisions which are well-integrated with the surrounding neighborhoods with regard to natural and built features, and which concentrate development in areas which can best support intensive use by reason of natural characteristics and existing infrastructure;

(5) Encouraging local design and improvement standards to reflect the intent of the community comprehensive plans with regard to the physical character of the various neighborhoods and districts of the municipality;

(6) Promoting thorough technical review of all proposed land developments and subdivisions by appropriate local officials;

(7) Encouraging local requirements for dedications of public land, impact mitigation, and payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and administered; and

(8) Encouraging the establishment and consistent application of procedures for local record-keeping on all matters of land development and subdivision review, approval and construction.
R.I. Gen. Laws § 45-13-5.1 — RI Code / Title 45 / Chapter 45-13 / Section 45-13-5.1
§ 45-13-5.1. General assembly appropriations in lieu of property tax from certain exempt private and state properties.
Status: in_force

(a) In lieu of the amount of local real property tax on real property owned by any private nonprofit institution of higher education, the Pokanoket Management Group, a Rhode Island nonprofit corporation, trustee of the Pokanoket Tribe Land Trust, or any nonprofit hospital facility, or any state owned and operated hospital, veterans residential facility, or correctional facility occupied by more than one hundred (100) residents which may have been or will be exempted from taxation by applicable state law, exclusive of any facility operated by the federal government, the state of Rhode Island, or any of its subdivisions, the general assembly shall annually appropriate for payment to the several cities and towns in which the property lies a sum equal to twenty-seven percent (27%) of all tax that would have been collected had the real property been taxable; provided, however, said percentage shall be subject to adjustment pursuant to subsection (e) of this section.

(b) In no event shall any city or town record in a fiscal year both: (1) Taxes and/or payments under a stabilization agreement with a for-profit hospital facility; and (2) Distributions of appropriations under this section attributable to the prior nonprofit status of said for-profit hospital facility.

(c) As used in this section, private nonprofit institution of higher education means any institution engaged primarily in education beyond the high school level, the property of which is exempt from property tax under any of the subdivisions, and nonprofit hospital facility means any nonprofit hospital licensed by the state and which is used for the purpose of general medical, surgical, or psychiatric care and treatment.

(d) The grant payable to any municipality under the provision of this section shall be equal to twenty-seven percent (27%) of the property taxes that, except for any exemption to any institution of higher education or general hospital facility, would have been paid with respect to that exempt real property on the assessment list in the municipality for the assessment date of December 31, 1986, and with respect to such exempt real property appearing on an assessment list in the municipality on succeeding assessment dates. Provided, however, that the grant paid for the fiscal year ending June 30, 2008, shall be based upon the assessment list in the municipality as of December 31, 2004.

(e) The state budget offices shall include the amount of the annual appropriation in the state budget for the fiscal year commencing July 1, 1988, and each fiscal year thereafter. The amount of the annual distribution of appropriation payable to each eligible municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of the annual appropriation in the state budget is insufficient to pay the eligible municipalities the amounts otherwise payable to said communities pursuant to subsection (a) of this section.

(f) Distribution of appropriations shall be made by the state on or before July 31 of 1988 and each July 31 thereafter or following verified receipt of a municipalitys assessment data for the following fiscal years payment, whichever is later, and the payments may be counted as a receivable by any city or town for a fiscal year ending the preceding June 30.

(g) Any act or omission by the state with respect to this chapter shall in no way diminish the duty of any town or municipality to provide public safety or other ordinary services to the properties or facilities of the type listed in subsection (a).

(h) Provided, that payments authorized pursuant to this section shall be reduced pro rata, for that period of time that the municipality suspends or reduces essential services to eligible facilities. For the purposes of this section essential services include, but are not to be limited to, police, fire and rescue.
R.I. Gen. Laws § 45-52-5 — RI Code / Title 45 / Chapter 45-52 / Section 45-52-5
§ 45-52-5. Conduct and quorum of meetings.
Status: in_force

(a) No less than thirty (30) voters constitutes a quorum for the transaction of business at any annual or special district meeting. If at any annual or special meeting less than a quorum is present, a majority of the voters present at the meeting, or any adjournment of it, may vote to adjourn the meeting, but may take no action.

(b) District meetings may be held at any location within the town of Charlestown.

(c) The moderator shall preside at all meetings of the district. He or she has the same authority at all meetings as moderators at town meetings.

(d) Whenever at any district meeting action has been taken authorizing the expenditure of money, the incurring of any liability, or the disposition of property, not less than one-fifth ( ) of the voters present may, by their affirmative votes, require reconsideration of the question at an adjourned meeting of which special notice shall be given to all the voters of the district ten (10) days in advance of the meeting, stating the hour and place of the meeting, and the action taken which is to be reconsidered.

(e) Except as otherwise provided in this chapter all questions relating to district affairs shall be decided by a majority of the voters present at a called meeting of the district and entitled to vote on the question.

(f) A copy of the record of the proceedings of any district meeting, certified by the clerk, is evidence of any act or vote of the district, in a district meeting assembled, recited in the copy; and the certificate of the district clerk that no district meeting has been held to consider any subject in the certificate mentioned, or that no vote of the district has been taken on the subject, is evidence of the facts stated in the certificate.
R.I. Gen. Laws § 45-54-5 — RI Code / Title 45 / Chapter 45-54 / Section 45-54-5
§ 45-54-5. Board of directors  Tenure  Quorums.
Status: in_force

(a) When the council of a city or town first adopts a resolution as provided for in § 45-54-1, the elected chief executive officer, in cities and towns having a popularly elected chief executive officer, shall appoint five (5) persons, at least three (3) of whom shall be resident electors of the city or town as directors of the corporation. These appointments are subject to approval by the city or town council. In cities and towns where there is no popularly elected chief executive officer, the city or town council shall appoint five (5) persons, at least three (3) of whom shall be resident electors of the city or town as directors of the corporation.

(b) The directors who are first appointed are designated to serve for terms as follows: two (2) directors have initial terms of two (2) years; and three (3) directors have initial terms of three (3) years, respectively, from the date of their appointment. Thereafter, directors shall be appointed for a term of five (5) years, except that all vacancies shall be filled for the unexpired term by the chief executive officer of the city or town, if any, or the city or town council.

(c) Each director whose term of office expires shall continue to hold office until his or her successor is appointed and has qualified. Each director before entering upon his or her other duties will take an oath to support the constitution and laws of the state and the constitution of the United States and to faithfully and impartially discharge the duties of his or her office. The directors are subject to removal for cause by the elected chief executive officer, in cities and towns having a popularly elected chief executive officer, or by the town council, where there is no popularly elected chief executive officer. The directors receive no compensation for the performance of their duties, but are reimbursed for their reasonable expenses incurred in carrying out their duties under this chapter.

(d) No director or employee of the corporation shall acquire any direct interest in any project or in any property included or planned to be included in any project, nor shall he or she have any interest, direct or indirect, in any proposed contract for materials or services to be furnished in connection with any project. If any director or employee of the corporation owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he or she shall immediately disclose the interest, in writing, to the corporation and that disclosure shall be entered upon the minutes of the corporation. Failure to disclose the interest constitutes misconduct in office.

(e) No elected official of any city or town or director of the corporation shall become an employee of the corporation for at least two (2) years after leaving public office or ceasing to be a director of the corporation, as applicable.

(f) The corporation shall elect one of its directors as chairperson and another as vice-chairperson and shall also elect a secretary and a treasurer. Three (3) directors of the corporation constitutes a quorum and the vote of three (3) members is necessary for any action taken by the corporation. No vacancy in the board of directors of the corporation shall impair the right of the quorum to exercise all the rights and perform all the duties of the corporation.
R.I. Gen. Laws § 45-23-31 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-31
§ 45-23-31. Purpose and consistency with comprehensive plan, zoning ordinance and other local land use regulations.
Status: in_force

(a) Local regulations adopted pursuant to this chapter shall provide a statement of purposes. These purposes shall be consistent with purposes stated in chapters 22.2 and 24 of this title concerning comprehensive plans and zoning ordinances, respectively, as well as with § 45-23-30. The local regulations shall also be consistent with the adopted local comprehensive plan, local zoning ordinance and all other duly adopted local development regulations.

(b) In the instance of uncertainty in the construction or application of any section of the local regulations, the local regulations shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan. Furthermore, the local regulations shall be construed in a manner which is consistent with the legislative findings, intents, and purposes of §§ 45-23-25  45-23-74.
R.I. Gen. Laws § 45-12-17 — RI Code / Title 45 / Chapter 45-12 / Section 45-12-17
§ 45-12-17. Debt previously approved.
Status: in_force

Whenever the provisions of § 45-12-16 operate to repeal a limitation on the interest rate which may be paid on any issue of bonds or other evidences of indebtedness approved by the qualified voters of any city, town, or other political subdivision, no further approval of the issue of bonds or other evidences of indebtedness by the qualified voters shall be required, notwithstanding any provision of general or special law or charter.
R.I. Gen. Laws § 45-23-38 — RI Code / Title 45 / Chapter 45-23 / Section 45-23-38
§ 45-23-38. General provisions  Minor land development and minor subdivision review.
Status: in_force

(a) Application types and review stages.

(1) Applications requesting relief from the zoning ordinance.

(i) Applications under this section that require relief that qualifies only as a modification under § 45-24-46 and local ordinances may proceed by filing an application under this chapter and a request for a modification to the zoning enforcement officer. If such modification is granted, the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in § 45-24-46, such application shall proceed under unified development review pursuant to § 45-23-50.1.

(ii) Applications under this section that require relief from the literal provisions of the zoning ordinance in the form of a variance or special-use permit, shall be reviewed by the planning board under unified development review pursuant to § 45-23-50.1, and a request for review shall accompany the preliminary plan application.

(iii) Any application involving a street creation or extension shall be reviewed by the planning board and require a public hearing.

(2) Other applications. The administrative officer shall review and grant, grant with conditions, or deny all other applications under this section and may grant waivers of design standards as set forth in the local regulations and zoning ordinance. The administrative officer may utilize the technical review committee for initial review and recommendation. The local regulations shall specifically list what limited waivers an administrative officer is authorized to grant as part of their review.

(3) Review stages. Minor plan review consists of two (2) stages, preliminary and final; provided, that unless otherwise set forth in this section, if a street creation or extension is involved, or a request for variances and/or special-use permits is submitted, pursuant to the regulations unified development review provisions, a public hearing is required before the planning board. The administrative officer may combine the approval stages, providing requirements for both stages are met by the applicant to the satisfaction of the administrative officer.

(b) Submission requirements. Any applicant requesting approval of a proposed, minor subdivision or minor land development, as defined in this chapter, shall submit to the administrative officer the items required by the local regulations.

(c) Certification. For each applicable stage of review, the application shall be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days of the submission so long as a completed checklist of the requirements for submission is provided as part of the submission. If an applicant also submits for a modification to the zoning enforcement officer, the running of the time period set forth herein will not begin until the decision on the modification is made as set forth in § 45-24-46. Such certification shall be made in accordance with the provisions of § 45-23-36(c). If no street creation or extension is required, and/or unified development review is not requested, and a completed checklist of the requirements for submission is provided as part of the submission, such application shall be certified, in writing, complete or incomplete by the administrative officer within fifteen (15) days according to the provisions of § 45-23-36(c). The running of the time period set forth in this section will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.

(d) Decision on preliminary plan. If no street creation or extension, variance, or special use permits are required, the administrative officer will approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within any further time that is agreed to by the applicant and the administrative officer, according to the requirements of §§ 45-23-60 and 45-23-63. If a street extension or creation is required, or the application is reviewed under the unified development review or the application seeks waivers from design standards and/or requirements of the land development and subdivision regulations that are beyond the authority of the administrative officer to grant, the planning board will hold a public hearing prior to approval according to the requirements in § 45-23-42 and will approve, deny, or approve with conditions, the preliminary plan within ninety-five (95) days of certification of completeness, or within any specified time that is agreed to by the applicant and the board, according to the requirements of §§ 45-23-60 and 45-23-63.

(e) Failure to act. Failure of the planning board or administrative officer to act within the period prescribed constitutes approval of the pending stage of review, and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval will be issued on request of the applicant.

(f) Re-assignment to major review. The planning board may re-assign a proposed minor project to major review only when the planning board is unable to make the positive findings required in § 45-23-60.

(g) Final plan. Final plans shall be reviewed and approved by either the administrative officer or technical review committee. The officer or committee will report its actions, in writing to the planning board at its next regular meeting, to be made part of the record. The administrative officer or technical review committee shall approve, deny, approve with conditions, or refer the application to the planning board based upon a finding that there is a major change within twenty-five (25) days of the certificate of completeness.

(h) Modifications and changes to plans.

(1) Minor changes, as defined in the local regulations, to the plans approved at any stage may be approved administratively, by the administrative officer. The changes may be authorized without an additional public hearing. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or the permitting authority if the permitting authority is not the administrative officer. Denial of the proposed change(s) shall be referred to the applicable permitting authority for review as a major change.

(2) Major changes, as defined in the local regulations, to the plans approved at any stage may be approved only by the applicable permitting authority and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing if originally required as part of the application.

(3) The administrative officer shall notify the applicant in writing within fourteen (14) days of submission of the written request for a change if the administrative officer determines the change to be a major change.

(i) Appeal. Decisions under this section shall be considered an appealable decision pursuant to § 45-23-71.

(j) Expiration of approvals. Approvals of a minor land development or subdivision plan expire one year from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity may be extended for a longer period, for cause shown, if requested by the applicant in writing, and approved by the planning board.
R.I. Gen. Laws § 45-24-62 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-62
§ 45-24-62. Administration  Judicial aid in enforcement.
Status: in_force

The supreme court and the superior court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the city or town, instituted by its city or town solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:

(1) To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of any zoning ordinance enacted under the authority of this chapter, and to order its removal or abatement as a nuisance;

(2) To compel compliance with the provisions of any zoning ordinance enacted under the authority of this chapter;

(3) To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of any zoning ordinance enacted under the provisions of this chapter and to authorize some official of the city or town, in the default of the removal by the owner, to remove it at the expense of the owner;

(4) To order the reimbursement for any work or materials done or furnished by or at the cost of the city or town;

(5) To order restoration by the owner, where practicable; and/or

(6) To issue fines and other penalties.
R.I. Gen. Laws § 45-24-42 — RI Code / Title 45 / Chapter 45-24 / Section 45-24-42
§ 45-24-42. General provisions  Special-use permits.
Status: in_force

(a) A zoning ordinance shall provide for the issuance of special-use permits approved by the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the planning board or commission.

(b) The ordinance shall:

(1) Specify the uses requiring special-use permits in each district. The ordinance shall provide for a procedure under which a proposed land use that is not specifically listed may be presented by the property owner to the zoning board of review or to a local official or agency charged with administration and enforcement of the ordinance for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special-use permit. Upon such determination, the proposed use may be considered to be a use requiring a special-use permit;

(2) Describe the conditions and procedures under which special-use permits, of each of the various categories of special-use permits established in the zoning ordinance, shall be issued;

(3) Establish specific and objective criteria for the issuance of each type of use category of special-use permit, which criteria shall be in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance of the city or town; however, in no case shall any specific and objective criteria for a special use permit include a determination of consistency with the comprehensive plan;

(4) Provide for public hearings and notification of the date, time, place, and purpose of those hearings to interested parties. Special-use permit requests submitted under a zoning ordinances unified development review provisions shall be heard and noticed in conjunction with the subdivision or land development application, according to the requirements of § 45-23-50.1. Public notice for special-use permits that are not submitted under a zoning ordinances unified development review provisions shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to all those who would require notice under § 45-24-53. The notice shall also include the street address of the subject property. A zoning ordinance may require that a supplemental notice, that an application for a special-use permit is under consideration, be posted at the location in question. The posting is for information purposes only and does not constitute required notice of a public hearing. The same notice shall be posted in the town or city clerks office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of the newspaper and mailing notification shall be borne by the applicant;

(5) Provide for the recording of findings of fact and written decisions; and

(6) Provide that appeals may be taken pursuant to § 45-24-69 or § 45-23-71, dependent on the board to which application was made.

(c) If an ordinance does not expressly provide for specific and objective criteria for the issuance of a category of special use permit such category shall be deemed to be permitted use.

(d) The ordinance additionally shall provide that an applicant apply for, and be issued, a dimensional variance in conjunction with a special-use permit. If the special use could not exist without the dimensional variance, the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the planning board or commission shall consider the special-use permit and the dimensional variance together to determine if granting the special use is appropriate based on each respective special use criteria and the dimensional variance evidentiary standards.
R.I. Gen. Laws § 45-64-3 — RI Code / Title 45 / Chapter 45-64 / Section 45-64-3
§ 45-64-3. Severability.
Status: in_force

If any part, subdivision, or section of this chapter is declared unconstitutional, the validity of the remaining parts shall not be affected.
R.I. Gen. Laws § 45-3-9 — RI Code / Title 45 / Chapter 45-3 / Section 45-3-9
§ 45-3-9. Notice of meetings by request  Hour held  Business considered.
Status: in_force

The notice of meetings, when called by request provided in § 45-3-6, shall be given in the manner provided for meetings prescribed by law. In towns in which the hour of meetings prescribed by law is fixed by law, meetings called by request shall be held at the same hour. In other towns, the meetings shall be held at the hour named in the request. At all meetings called by request, only the business stated in the warrants directing the calling of the meetings shall be acted upon.
R.I. Gen. Laws § 45-25-15.2 — RI Code / Title 45 / Chapter 45-25 / Section 45-25-15.2
§ 45-25-15.2. Section 8 performance-based contract administration program.
Status: in_force

(a) The Rhode Island housing and mortgage finance corporation is a public housing authority and public housing agency authorized to administer housing assistance programs throughout this state for the benefit of persons of low- or moderate-income, subject to the limited exception in § 45-25-15.1.

(b) Notwithstanding any other provision of law, no other person, public housing authority, or public housing agency, domestic or foreign, shall be authorized to administer allocations of money under 42 U.S.C. § 1437f, or other federal statute authorizing project-based rental subsidies under an annual contributions contract for the benefit of persons of low- or moderate-income, on a statewide basis within this state, or on a regional basis that includes this state, except:

(1) The Rhode Island housing and mortgage finance corporation;

(2) A person authorized to administer such allocations pursuant to an agreement with the Rhode Island housing and mortgage finance corporation; or

(3) An organization, of which the Rhode Island housing and mortgage finance corporation is a promoter, member, associate, owner, partner, manager, or other joint venturer, that is authorized by a federal agency to administer such allocations in this state.

(c) In addition to the powers granted by this chapter and chapter 55 of title 42, the Rhode Island housing and mortgage finance corporation shall have all the powers necessary or convenient for the administration of federal monies pursuant to subsection (b) of this section, including the power:

(1) To enter into one or more agreements for the administration of federal monies on a statewide basis;

(2) To be a promoter, partner, member, associate, owner, partner, manager, or other joint venturer of any partnership, limited liability company, joint venture, association, trust, or other organization;

(3) To conduct its activities, locate offices, and exercise the powers granted by this title within or outside this state, in compliance with all applicable laws;

(4) To carry on a business in the furtherance of its purposes; and

(5) To do all things necessary or convenient, consistent with law, to further the activities and affairs of the Rhode Island housing and mortgage finance corporation.
R.I. Gen. Laws § 45-13-1.2 — RI Code / Title 45 / Chapter 45-13 / Section 45-13-1.2
§ 45-13-1.2. Aid withheld for failure to comply with state statutes.
Status: in_force

If any city or town fails to furnish information as defined in chapter 21 of title 39 within seventy-five (75) days of June 22, 1987, then there shall be withheld from any state aid, determined to be due under the provisions of this chapter, an amount equal to twenty-five percent (25%) until the time that the information is furnished.
R.I. Gen. Laws § 45-51-1 — RI Code / Title 45 / Chapter 45-51 / Section 45-51-1
§ 45-51-1. Title.
Status: in_force

This chapter may be known as the Environmental Advocacy Act.
R.I. Gen. Laws § 45-9-10.1 — RI Code / Title 45 / Chapter 45-9 / Section 45-9-10.1
§ 45-9-10.1. Appointment of administration and finance officer upon abolition of a fiscal overseer, or a budget commission or a receiver where no chapter 9, title 11 petition filed.
Status: in_force

(a) Notwithstanding any general or special law, or city or town ordinance, or rule or regulation to the contrary, this section shall apply upon the abolition of the fiscal overseer, budget commission, or receiver where the receiver has not filed a petition for Chapter 9, Title 11 of the United States Code, upon a determination, in writing, by the director of revenue that the financial condition of the city, town, or fire district has improved to a level such that a fiscal overseer, budget commission, or receiver is no longer needed.

(b) For a period of five (5) years after the abolition of a fiscal overseer, or a budget commission, or a receiver, where the receiver has not filed a petition for Chapter 9, Title 11 of the United States Code, a finance advisor shall be appointed for the city, town, or fire district by the director of revenue. The finance advisor shall be an employee of the city, town, or fire district. The finance advisor shall be responsible for monitoring the overall budgetary and financial administration and fiscal health of the city, town, or fire district. The finance advisor shall report to the director of revenue.

(c) The finance advisor shall be appointed solely on the basis of his or her qualifications and shall be a person especially fitted by education, training, or experience to perform the functions of the position.

(d) The finance advisor shall have complete access to the financial books and records of all offices, departments, and other agencies of the municipal fire district government and, without limitations:

(1) Recommend to the elected chief executive officer, city or town council, or fire district governing body, and school committee sound fiscal policies for implementation and monitor implementation;

(2) Monitor and oversee all financial operations and activities including the citys, towns, or fire districts operating and capital financial plans to maintain fiscal stability;

(3) Review operational results of various city, town, or fire district funds and evaluate the structural soundness of each;

(4) Advise the assessor, director of finance, city or town treasurer, purchasing agent, and employees performing similar duties but with different titles;

(5) Provide assistance in all matters related to municipal or fire district financial affairs;

(6) Review and approve the development and preparation of the annual municipal or fire district budget, all department operating and capital budgets, and spending plans;

(7) Review and approve all proposed labor contracts and obligations to determine if consistent with a structurally balanced, five-year (5) plan;

(8) Monitor the receipt of revenues and expenditures of all funds with the assistance of city, town, or fire district staff;

(9) Participate in rating agency calls pertaining to the city, town, or fire district;

(10) Determine compliance with the various ordinances, laws (federal and state), and rules and regulations related to receipt and expenditure of city, town, or fire district funds;

(11) Provide comment to the local governing body on the annual or supplemental municipal or fire district budgets of the city, town, or fire district and all of its departments;

(12) Report quarterly to the chief elected officer, city or town council, fire district governing body, director of revenue, the auditor general, the governor, and the chairpersons of the house finance and senate finance committees on the progress made towards maintaining fiscal stability and all financial operations of the city, town, or fire district;

(13) Make recommendations to the elected chief executive officer, city or town council, fire district governing body, school committee, and the director of revenue, as appropriate, to begin to address any operational and/or structural deficit;

(14) Make recommendations to the elected chief executive officer, city or town council, fire district governing body, and school committee, as appropriate, to have operational, performance, or forensic audits, or similar assessments conducted;

(15) Report any: (i) Inappropriate expenditure; (ii) Any improper accounting procedure; (iii) All failures to properly record financial transactions; and (iv) Other inaccuracies, irregularities, and shortages, as soon as practical to the elected chief executive officer, or in the case of a municipality without an elected chief executive officer, the city or town council, or in the case of a fire district, the fire district governing body; and

(16) Notify in writing as soon as practical, the elected chief executive officer or the city or town council, or the fire district governing body; if the finance advisor discovers any errors, unusual practices, or any other discrepancies in connection with his or her work.

(f) The city or town, including the school department or fire district, shall provide the finance advisor with any and all information requested in a timely fashion.

(g) The city, town, or fire district shall annually appropriate amounts sufficient to cover the costs of the administration and finance officer. The state shall annually reimburse the city or town for fifty percent (50%) share of such costs.

(h) The city, town, or fire district, at its expense, shall provide office space and adequate resources needed by the administration and finance officer in the performance of his/her duties.

(i) Nothing contained herein removes duties from existing positions in the city, town, or fire district.
R.I. Gen. Laws § 45-32-37 — RI Code / Title 45 / Chapter 45-32 / Section 45-32-37
§ 45-32-37. Immediate payment of compensation  Expediting proceedings.
Status: in_force

In any proceedings for the assessment of damages for real property so taken by any agency the following provisions are applicable:

(1) Upon the application of any party in interest and upon joinder of all other parties in interest, the court, on conditions that it may deem proper, may order that the money deposited in the court, or any part of it, be paid immediately, without interest for or on account of the just compensation to, be awarded in the proceeding. If the damages finally awarded in respect to the real property, or any part of the damages, exceeds the amount of the money so received by any person entitled to it, the court shall enter judgment against the funds so deposited in court or, in default of it, against other property of the agency for the amount of the deficiency plus interest on the deficiency and costs. If the judgment entered is less than the amount withdrawn, then, and in that event, judgment shall be entered for the agency for the difference between the amount withdrawn and the amount of the judgment plus interest on the overpayment and costs.

(2) At any time during the pendency of the action or proceeding, the agency or an owner may apply to the court for an order directing an owner or the agency, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
R.I. Gen. Laws § 45-32-25.1 — RI Code / Title 45 / Chapter 45-32 / Section 45-32-25.1
§ 45-32-25.1. Transfer of property by the state.
Status: in_force

The director of the Rhode Island department of administration is hereby authorized and directed to grant, transfer, and convey in fee simple, in the name of and for the State of Rhode Island to the Providence redevelopment agency, and the Providence redevelopment agency is authorized to accept title to, that certain real estate described below and all improvements on the real estate belonging to the State of Rhode Island situated in the City of Providence, Rhode Island. The provisions of chapters 6 and 7 of title 37 shall not be applicable to the conveyance set forth in this section:

That certain parcel or tract of land with all improvements thereon situated on the easterly side of Cottage Street and Fountain Street and the northerly side of Washington Street in the City of Providence, County of Providence, State of Rhode Island and bounded and described as follows:

Beginning at the northeasterly corner of Cottage Street;

Thence running N49-59²-52³E bounding northerly by property now or formerly belonging to Speedy Muffler, Inc. for a distance of 3.87 feet to a corner;

Thence running southerly curving to the left along the arc of a circle having a radius of 1582.20 feet, a central angle of 14-10²-03³ for an arc distance of 391.23 feet to a point of reverse curvature, the chord of the curve having a bearing of S25-16²-05³E;

Thence continuing southerly curving to the right along the arc of a circle having a radius of 32.00, a central angle of 54-22²-23³ for an arc distance of 30.37 feet to a corner in the northerly street line of Washington Street;

Thence running S51-24²-32³W along the northerly street line of Washington Street for a distance of 3.00 feet to a corner and property now or formerly belonging to Providence redevelopment agency;

Thence running N39-30²-28³W bounding southwesterly by the Providence redevelopment agency property for a distance of 89.60 feet to a corner and other property now or formerly belonging to Providence redevelopment agency;

Thence running N51-24²-32³E bounding northwesterly by the Providence redevelopment agency property for a distance of 1.50 feet to a corner;

Thence running N47-05²-38³W bounding southwesterly by the Providence redevelopment agency for a distance of 71.54 feet to a corner in the northerly street line of Fountain Street;

Thence running N34-48²-32³E along the southerly street line of Fountain Street from a distance of 35.65 feet to the southeasterly corner of Fountain Street;

Thence running N44-12²-38³W along the easterly terminus of Fountain Street for a distance of 50.29 feet to a corner and property now or formerly belonging to Providence redevelopment agency;

Thence running N38-37²-28³W bounding southwesterly by the Providence redevelopment agency property for a distance of 150.69 feet to a corner in the southerly street line of Cottage Street;

Thence running N49-59²-52³E along the southerly street line of Cottage Street for a distance of 75.00 feet to the southeasterly corner of Cottage Street;

Thence running N16-32²-38³W along the easterly terminus of Cottage Street for a distance of 32.80 feet to the point and place of beginning;

This parcel contains 15,163 square feet.
R.I. Gen. Laws § 45-10-10 — RI Code / Title 45 / Chapter 45-10 / Section 45-10-10
§ 45-10-10. Delivery of records to auditors.
Status: in_force

The town or city treasurer or any other person or persons that may have custody of any accounts or other records described in § 45-10-9 shall, on demand of the person or persons authorized by § 45-10-4 to make post audit, deliver to that person or persons for examination all applicable accounts or other records. Failure or neglect to comply with the provisions of this section by the town or city treasurer, or by a person or persons described in § 45-10-9, is punishable by a fine not exceeding five thousand dollars ($5,000) nor less than five hundred dollars ($500).
R.I. Gen. Laws § 45-53-9 — RI Code / Title 45 / Chapter 45-53 / Section 45-53-9
§ 45-53-9. Oversight commission.
Status: in_force

(a) There is hereby created an oversight commission to be known as The Housing Act of 2013 Implementation Oversight Commission to consist of fifteen (15) members: chair of house corporations or designee; chair of senate housing and municipal government or designee; two (2) members of the house appointed by the speaker, one of whom shall be from the minority party; two (2) members of the senate appointed by the senate president, one of whom shall be from the minority party; four (4) designees of the president of the League of Cities and Towns, two (2) of whom shall be from a municipality under twenty-five thousand (25,000) population, and two (2) of whom shall be from a municipality of twenty-five thousand (25,000) population or over; and one representative each from the Rhode Island Builders Association, Rhode Island Housing, Housing Action Coalition, Grow Smart Rhode Island and Housing Network.

(b) The purposes of the commission shall be: (1) to monitor and evaluate the implementation of the act including the preparation and review, by statewide planning, of local plans; (2) to monitor the development and adoption of the state strategic housing plan by the housing resources commission and statewide planning; (3) to review the progress reports submitted by the housing resources commission; (4) to recommend any changes that may be needed in the law; and (5) to assess the need for resources to accomplish housing objectives and to make recommendations.

(c) Forthwith upon the passage of this act, the members shall meet at the call of the speaker, and shall elect from among themselves co-chairs, who shall be legislators. Vacancies in said commission shall be filled in the manner as the original appointment.

(d) The commission is empowered to appoint committees, which may include persons who are not members of the commission. Five (5) members of the commission shall constitute a quorum. All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as necessary or desirable to accomplish the purpose set forth in this section. The speaker is hereby authorized and directed to provide quarters for the commission. The commission shall report findings and recommendations to the general assembly on or before March 1, 2017. The commission shall expire on March 31, 2020.
R.I. Gen. Laws § 45-59-22 — RI Code / Title 45 / Chapter 45-59 / Section 45-59-22
§ 45-59-22. Dissolution.
Status: in_force

(a) Any district management authority may be dissolved and the designation of a management district terminated by ordinance or resolution of the city or town council of the municipality within which it is located adopted after public hearing as provided in § 45-59-6.

(b) Any district management authority must be dissolved and the designation of a business district terminated by ordinance or resolution of the city or town council of the municipality within which it is located upon the receipt of a written petition for dissolution signed by persons who own real property located within the district constituting, in the aggregate, not less than sixty percent (60%) of the aggregate valuation of all real property, not exempt from taxation by law, located within the district.

(c) Any district management authority will be automatically dissolved and the designation of a management district will be automatically terminated at the end of the third full fiscal year after its creation and designation and after it has actually commenced providing services unless the continuance of the existence of the district management authority and the designation of the district is approved in writings which are filed with the clerk of the municipality within which the management district is located and are signed by persons who own real property located within the district and within any subdistrict constituting, in the aggregate, not less than sixty percent (60%) of the aggregated assessed valuation of all real property, not exempt from taxation by law.

(d) Any such dissolution and termination occurring under the provisions of subsections (a) and (b) of this section will be effective as of the end of the fiscal year within which the ordinance or resolution of the city or town council is enacted except that the district management authoritys existence will continue for the limited purpose provided for in subsection (e) of this section. Any such dissolution occurring under the provisions of subsection (c) of this section will be effective at the time provided in subsection (c) except that the district management authoritys existence will continue for the limited purpose provided for in subsection (e) of this section.

(e) Upon its dissolution, the district management authority will discontinue its operations and proceed to wind up its affairs. Notwithstanding its dissolution, the district management authority will continue in existence for the limited purpose of paying any indebtedness which it has incurred prior to its dissolution and it may continue to make special tax assessments for that purpose. After all of the indebtedness of the district management authority has been paid or its payment provided for, the remaining property and assets of the district management authority will be paid over to the municipality unless another disposition of the property and assets, benefiting the management district, has been directed by the district management authoritys board of directors.
R.I. Gen. Laws § 45-52-6 — RI Code / Title 45 / Chapter 45-52 / Section 45-52-6
§ 45-52-6. Election of district officers.
Status: in_force

(a) The voters in the district shall at the annual meeting choose and elect a moderator, a district clerk, a district treasurer, an assessor of taxes, and a collector of taxes; and at the first annual meeting after the effective date of this act shall elect a finance committee of three (3) members, one member to serve for three (3) years, one to serve for two (2) years, and one to serve for one year, and a public works committee of three (3) members, one member to serve for three (3) years, one member to serve for two (2) years, and one member to serve for one year; and shall elect annually thereafter one member of the finance committee to serve for three (3) years and one member of the public works committee to serve for three (3) years. All of the previously elected officers shall hold their offices until the expiration of their terms, and until their successors have been elected and qualified. The voters may authorize the employment of assistants to any of the district officers, committees, commissions, and boards, as may be necessary in the conduct of the affairs of the district.

(b) In case of the death, resignation, or removal of any collector of taxes, the collector elected or appointed to complete the collection, has the same power to collect taxes as the collector first elected or appointed.

(c) Whenever a vacancy occurs in any office by death, removal out of the district, resignation, or by neglect or refusal to qualify, or for any other cause, a meeting of the council of the district may be called by any member then in office, and at the meeting a qualified voter shall be appointed to fill the vacancy and exercise all the powers of the office until the next annual district meeting.
R.I. Gen. Laws § 45-2-13 — RI Code / Title 45 / Chapter 45-2 / Section 45-2-13
§ 45-2-13. City of Pawtucket  Municipal police court  Municipal housing court.
Status: in_force

(a) The city council of the city of Pawtucket may establish a municipal police court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance; provided, that any defendant found guilty of any offense, excluding violations of the citys minimum housing ordinances and zoning ordinances, may, within seven (7) days of conviction, file an appeal from the conviction to the Providence superior court and be entitled in the latter court to a trial de novo.

(b) The city council of the city of Pawtucket may establish a municipal housing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the city and any violation of the provisions of chapter 24 of this title, entitled the Rhode Island zoning enabling act of 1991, and any violation of the provisions of chapter 27.3 of title 23 entitled the Rhode Island state building code, and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state one and two (2) family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state property maintenance code, and SBC-8 Rhode Island state energy conservation code; and provided, further, that any party aggrieved by a final judgment, decree or order of the Pawtucket housing court may, within twenty (20) days after entry of this judgment, decree or order, petition to the supreme court for the state of Rhode Island for a writ of certiorari to review any errors involved. The petition for the writ of certiorari shall state the errors claimed. Upon the filing of a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorari to the Pawtucket housing court to certify to the supreme court the record of the proceedings of the case together with and transcript of the proceedings by the petitioner at his expense.

(c) With respect to violations of either municipal ordinances dealing with minimum housing or zoning regulations, or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, or chapter 24 et seq., of this title dealing with enforcement of zoning regulations, the city council may also confer upon the Pawtucket housing court, in furtherance of its jurisdiction, the power to proceed according to equity:

(1) To restrain, prevent, enjoin, abate, or correct a violation;

(2) To order the repair, vacation, or demolition of any dwelling existing in violation;

(3) To otherwise compel compliance with all of the provisions of those ordinances and statutes; or

(4) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property which shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.

(d) The city council of the city of Pawtucket is authorized and empowered to appoint a judge to serve as both the municipal police court judge and the municipal housing court judge. The city council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal courts created by this section may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of one thousand dollars ($1,000), or both. The courts are empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.
R.I. Gen. Laws § 45-3-11 — RI Code / Title 45 / Chapter 45-3 / Section 45-3-11
§ 45-3-11. Forfeiture for neglect of duty by officers.
Status: in_force

Every town clerk or town treasurer who neglects or refuses to issue a warrant as provided in § 45-3-8, and every town sergeant or constable who neglects or refuses to serve the warrant as provided in § 45-3-8,, shall forfeit for each neglect fifty dollars ($50.00); to be recovered, one-half (Â½) to the use of the town, and one-half (Â½) to the use of the person who sues for the warrant.
R.I. Gen. Laws § 45-8-6 — RI Code / Title 45 / Chapter 45-8 / Section 45-8-6
§ 45-8-6. Appointment and powers of deputy.
Status: in_force

Town treasurers may, by and with the approval of the town council, appoint a deputy whenever the appointment is necessary, and the deputy so appointed has all the powers and can perform all the duties which are incumbent on the town treasurer, being qualified by taking the oath of office; provided, that in no case shall the deputy have the power to sign the bonds, notes, or other evidences of indebtedness of the town, except with the approval of the town council.
R.I. Gen. Laws § 45-25-10 — RI Code / Title 45 / Chapter 45-25 / Section 45-25-10
§ 45-25-10. Appointment and terms of commissioners  Compensation, organization, and personnel.
Status: in_force

(a) An authority consists of five (5) commissioners appointed by the mayor and he or she shall designate the first chairperson; provided, that the housing authority of the city of Providence consists of eleven (11) commissioners who are residents of the city of Providence, and the housing authority of the city of Woonsocket shall consist of seven (7) members, two (2) of whom shall be occupants of public housing. At all times, three (3) of the commissioners must be occupants of public housing, which commissioners shall be appointed from a list of nominees chosen yearly by the occupants of public housing in open elections, each housing project choosing three (3) nominees from among its occupants. Upon the determination of the appointing authority that any commissioner has not been an occupant of public housing or not a resident of the city of Providence for a period of six (6) consecutive months, the appointing authority shall remove the commissioner and designate a person to fill the resultant vacancy; provided, that the mayor choose the replacement from the list of nominees chosen yearly by the occupants of public housing when appropriate. No commissioner may be a city or state official; provided, that members of the housing authority of the city of Providence may serve on the city council.

(b) The commissioners who are first appointed shall be designated by the mayor to serve for terms of one, two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Four (4) additional commissioners for the housing authority for the city of Providence shall be designated by the mayor to serve terms of one, two (2), three (3), and four (4) years, respectively, from the date of their appointment. The two (2) additional commissioners for the city of Woonsocket shall be designated by the mayor to serve terms of one and two (2) years respectively. Thereafter, the term of office shall be five (5) years. Two (2) additional commissioners for the housing authority of the city of Providence shall be members of the city council elected by the city council from its councilmanic members to serve for a term ending the first Monday in January, 1975, and, thereafter, elected for a term of four (4) years. A commissioner shall hold office until his or her successor has been appointed, or elected, and has qualified. Vacancies shall be filled for the unexpired term. Three (3) commissioners constitute a quorum except that six (6) commissioners of the housing authority of the city of Providence constitute a quorum and four (4) commissioners of the housing authority of the city of Woonsocket shall constitute a quorum.

(c) The mayor shall file with the city clerk a certificate of the appointment or reappointment of any commissioner, and the certificate is conclusive evidence of the due and proper appointment of the commissioner. A commissioner of the city of Providence shall only receive twenty-five dollars ($25.00) per meeting, but not in excess of twelve hundred dollars ($1,200) per year as compensation for his or her services, and the commissioner is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties, the compensation and expenses to be paid by the municipality of Providence; provided, that a commissioner of the city of Pawtucket receives one thousand two hundred dollars ($1,200) per year and is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties, to be paid by the city of Pawtucket; provided, that a commissioner of the city of Central Falls receives twenty-five dollars ($25.00) per meeting, but not in excess of five hundred dollars ($500) per year, as compensation for his or her services, and the commissioner is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties, to be paid by the city of Central Falls.

(d) Effective January 1, 1988, and thereafter, a commissioner of the city of Warwick receives one thousand five hundred dollars ($1,500) per year, and the chairperson of the Warwick housing authority receives one thousand seven hundred dollars ($1,700) per year for their services to be paid by the city of Warwick.

(e) When the office of the first chairperson of the authority becomes vacant, the authority shall select a chairperson from among its members. An authority shall select from its members a vice chairperson, and it may employ a secretary (who shall be executive director), technical experts, and other officers, agents, and employees, permanent and temporary, that it may require, and shall determine their qualifications, duties, and compensation. An authority may call upon the city solicitor or chief law officer of the city for legal services, as it may require, or it may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees the powers or duties that it deems proper.
R.I. Gen. Laws § 45-30-11 — RI Code / Title 45 / Chapter 45-30 / Section 45-30-11
§ 45-30-11. Severability.
Status: in_force

Notwithstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this chapter, or the application thereof to any persons or circumstances, is held invalid, the remainder of the chapter and the application of that provision to persons or circumstances other than those as to which it is held invalid, shall not be affected.
R.I. Gen. Laws § 45-12-20 — RI Code / Title 45 / Chapter 45-12 / Section 45-12-20
§ 45-12-20. Issuance of bonds authorized by law approved by electors.
Status: in_force

Whenever a general or special law which authorizes the issuance of bonds, notes or other evidences of indebtedness has become effective upon acceptance or approval by the electors of a city or town, such law shall be effective notwithstanding any failure or defect in the posting or notice of the election therefor as required by law, including the city or town charter, and the city or town may immediately issue bonds, notes or other evidences of indebtedness without further approval by the electors of the city or town, by ordinance or by resolution if required by the charters of the city or town, which ordinances or resolution shall become effective without approval by the electors of the city or town as ordinances or resolutions generally become effective under the charter of the city or town.
R.I. Gen. Laws § 45-30-5 — RI Code / Title 45 / Chapter 45-30 / Section 45-30-5
§ 45-30-5. Bonds as legal investments.
Status: in_force

Bonds or other obligations issued by a housing authority for a project developed or administered pursuant to this chapter are legal investments to the same extent and for the same persons, institutions, associations, corporations, bodies, and officers as bonds or other obligations issued pursuant to the Housing Authorities Law, chapters 25  27 of this title, for the development of a slum clearance or housing project for persons of low income.
R.I. Gen. Laws § 45-9-1 — RI Code / Title 45 / Chapter 45-9 / Section 45-9-1
§ 45-9-1. Declaration of policy and legal standard.
Status: in_force

It shall be the policy of the state to provide a mechanism for the state to work with cities, towns, and fire districts undergoing financial distress that threatens the fiscal well-being, public safety, and welfare of such cities, towns, and fire districts or other cities, towns, fire districts or the state, with the state providing varying levels of support and control depending on the circumstances. The powers delegated by the general assembly in this chapter shall be carried out having due regard for the needs of the citizens of the state and of the city, town, or fire district and in such a manner as will best preserve the safety and welfare of citizens of the state and their property and the access of the state, its municipalities, and fire districts to capital markets, all to the public benefit and good.
R.I. Gen. Laws § 45-10-5.2 — RI Code / Title 45 / Chapter 45-10 / Section 45-10-5.2
§ 45-10-5.2. Failure to file audit report.
Status: in_force

(a) If the municipality fails to comply with the provisions of this chapter by filing the audit report as required under this chapter, the auditor general, in his or her discretion, is authorized to provide for the completion of the audit. In that event, the auditors and/or the municipality shall transmit the audit workpapers to the auditor general within ten (10) days of his or her request. The workpapers shall include, but not be limited to, the work product customarily generated in the course of an audit under generally accepted auditing standards and practices, as well as any papers, schedules, or documents created or provided by or to the auditors in the conduct of audit field work. The municipality shall bear the cost of the audit to be completed by the auditor general or an independent audit firm engaged by the auditor general to complete the audit. The payment of this cost shall be deducted from state aid funds otherwise due to the municipality.

(b) If the auditor and/or the municipality refuses to transmit the workpapers as provided in this section, the auditor general shall have standing to petition the presiding justice of the Rhode Island superior court for an order compelling the immediate transmission of the workpapers to the auditor general. Upon the filing of that petition, the court shall schedule a hearing on an expedited basis, no more than ten (10) days after the filing of the petition. The court shall order the transmission of the workpapers and the draft of the audit report, if any, to the auditor general upon the auditor generals certification to the court that:

(1) The audit report was not completed and filed as required under the law;

(2) Requests for extension to file were denied by the auditor general; and

(3) The auditors and/or the municipality have failed or refused to transmit the workpapers and/or preliminary draft of the report.

(c) Failure to transmit the workpapers and/or draft audit report after the issuance of a court order will constitute criminal contempt of court, and will empower the court to impose any and all criminal sanctions including imprisonment and/or monetary penalties consistent with the existing power and authority of the superior court to impose those sanctions under law. Any monetary penalty imposed shall be paid into the restricted receipts account established pursuant to § 45-10-5.3 for the payment of late penalties.