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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
May 20, 2014
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:30 P.M. Open Session
*Note: Councilwoman Capobianco is absent
I. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:35PM
II. SALUTE TO THE FLAG
III. TO APPROVE THE CONSENT CALENDAR
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. Town of Middletown Resolution in support of removal of the master level option for elections S2091.
2. Town of Middletown Resolution in support of the Municipal Road and Bridge Revolving Fund.
3. Notice of New Property Number, 74 Crescent View Avenue, Map 513, Block 33, Parcel 031.00, Zoning R4.
B. Alcoholic Beverage Class F
1. Patricia Zarembka, 45 Burton Avenue (02915) for the Lauren Zarembka Fundraiser Scholarship Fund 6:30PM-11:00PM, St. Brendan Hall, May 31, 2014.
2. Holy Ghost Beneficial Brotherhood of RI, 51 North Phillips Street, Annual Feast, June 6, 7 and 8, 2014.
3. Holy Ghost Mariense, 846 Broadway, Annual Feast, July 25, 26 and 27, 2014.
4. Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue , Annual Feast, July 18, 19 and 20, 2014.
5. St. Francis Xaveir, 81 North Carpenter Street, Annual Feast, June 20, 21 and 22, 2014.
6. St. Martha’s Church, 2595 Pawtucket Avenue, Annual Feast, June 13, 14 and 15, 2014.
7. Teofilo Braga Club, 26 Teofilo Braga Way, Annual Feast, July 11, 12 and 13, 2014.
8. Trinity Brotherhood, 146 Sutton Avenue, Annual Feast, June 13, 14 and 15, 2014.
C. Alcoholic Beverage Class F-1
1. Ralph W. Ezovski, 180 Washingotn Road, Barrington (02860) for the Riverside Post Holding Co. (American Legion), 830 Willett Avenue (02915) Motorcycle Run, June 7, 2014 Rain Date June 8, 2014.
D. Council Journals
1. Executive Session May 1, 2014
2. Regular Council Meeting April 15, 2014
A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
Councilwoman Rossi requests that due to Councilwoman Capobianco’s absence and at her request three items are moved to this location on the docket, KRob Foundation, Relay for Life and the Lead Paint Resolution.
Assistant Mayor Rose requests the second hand auto sales license also be move up to the location on the docket.
Unanimous Consent is granted for both requests.
4. K Rob Foundation Family Fun Fest (by Councilwoman Capobianco)
5. Relay for Life (by Councilwoman Capobianco)
C. Resolutions
1. RESOLUTION IN SUPPORT OF H-7803 AND S-2674 RELATING TO FUNDING FOR RHODE ISLAND'S LEAD POISONING PREVENTION PROGRAMS
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
WHEREAS, Rhode Island's lead poisoning prevention programs are facing severe State budget cuts in fiscal year 2015, including a proposed 75% reduction in State funding for lead hazard abatement in local homes, and a budget gap of $600,000 that threatens the viability of the Health Department's critically important efforts to monitor lead poisoning prevention efforts statewide and coordinate services for lead poisoned children and their families; and
WHEREAS, East Providence has demonstrated a longstanding commitment to lead poisoning prevention and children's health, as the first city in Rhode Island to receive grant funding from the U. S. Department of Housing and Urban Development for lead hazard reduction in local homes; and
WHEREAS, approximately 1 in 7 children eligible to enter kindergarten in East Providence in 2014 has a history of lead poisoning; and
WHEREAS, there is no safe level of lead exposure for children, and lead poisoning is known to cause serious permanent problems ranging from behavioral issues to academic challenges to severe cognitive disabilities; and
WHEREAS, lead poisoning causes significant and preventable financial costs to taxpayers, including an estimated extra $17 million for special education services in Rhode Island in 2012 alone, according to research conducted by the Providence Plan; and
WHEREAS, the work of both the Health Department and the Housing Resources Commission is critically necessary to ensure that lead poisoning prevention efforts are coordinated statewide and Rhode Island continues to make progress towards eliminating this fully preventable disease.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence supports H-7803 and S-2674 and hereby requests that the Rhode Island General Assembly enact the bill into law and authorize the allocation of at least a minimum level of funding to the Housing Resources Commission's Lead Hazard Reduction Program ($590,000) and to the Department of Health's Healthy Homes and Childhood Lead Poisoning Prevention Program ($600,000).
BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Senators and Representatives from the City of East Providence.
Requested by: Councilwoman Capobianco
Tom Armstrong, Vice Chair provided background information on the resolution and requested that the Council support the resolution.
A motion to approve the Resolution is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
IV. Licenses Requiring Public Hearing
A. Sec/Autos &Trucks
435 West Ave, LLC, 330 Waterman Avenue (02914), Jonathan N. Savage, 136 Transit Street, Providence.
A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
PUBLIC COMMENT
A. Julie Silva – Right to Vote
B. Marco Costa – Street Closure for Birthday Party
C. Steve Sousa – Basketball Nets
D. Tony Ferreira – Update on Schools
E. Freddy Rybka – Roofs
F. Chrissy Rossi – Announcements
G. Ken Burke – Water Resources Board
H. Tom Riley – Strong Mayor/Council vs City Manager/Council
I. Nuno Branco – Strong Mayor/Council vs City Manager/Council
VI. PROCLAMATIONS AND PRESENTATIONS
A. Presentation regarding proposed funding for project referred to as “Pawtucket Pipeline” a legislative initiative through the Governor’s budget in Articles 5 and 8 –
Kenneth Burke, General Manager RI Water Resources Board.
VII. APPOINTMENTS
A. East Providence Waterfront Commission – Re-Appointment
John Pesce, 1 Realty Way (02914)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Hawker - 2 Licenses for 2 Locations
Lambert, Keith M. DBA Keystone Novelties, 201 Seymour Street, Lancaster, PA 17603, Keith M. Lambert, 1455 Wallum Lake Road, Pascoag (02859)
1.40 Highland Avenue
A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
2. 750 Taunton Avenue
A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
B. Peddler – Ice Cream
Olarte, Jorge DBA Palagi’s Ice Cream, 55 Bacon Street, Pawtucket (02860), Jorge Olarte, 162 York Avenue, Apt. 1, Pawtucket (02860).
Alex Ortega speaks on behalf of Palagi’s Ice Cream.
A motion to approve the license is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous with Mayor Briden recusing.
C. Peddler – Ice Cream
Wilkinson, Michael K. DBA Palagi’s Ice Cream, 55 Bacon Street (02860), Michael K. Wilkinson, 149 Park Street, Pawtucket (02860).
This item was removed at the applicants request.
IX. LICENSES REQUIRING PUBLIC HEARING
A. B – Limited Vict
JD, LLC DBA The Rumford Diner, 446 North Broadway (02914), John Deaton, 211 Rumstick Road, Barrington (02806).
The Diner will be open Monday-Friday from 7am-3pm and on Saturday and Sunday from 7am-2pm, they may add Saturday evenings in the future and that would be from 5pm-8pm.
A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
X. NEW BUSINESS
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. Approval of Re-roofing for:
a. Union Primary
This item was deferred to the next meeting.
b. Sweetland House
A motion to approve the roof repair is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
c. Payette House
A motion to approve the roof repair is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous.
d. Broadcast Booth - Pierce Field
This item was deferred to the next meeting.
2. DPW Truck Bid Recommendation
A motion to approve the bid recommendation is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
3. Disposition of 3 East Providence Police Vehicles to West Warwick.
A motion to approve is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
4. Approval to Bid for Road Construction
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
5. Update on Water Bills
B. Council Members
1. Results of Homestead Audit (by Mayor Briden)
2. Summer Camp with Jamie Silva (by Assistant Mayor Rose)
3. EPPD Middle School Awareness (by Assistant Mayor Rose)
6. Welcome Business (by Councilwoman Capobianco)
7. Ground City Program (by Councilman Cunha)
8. Central Park Design (by Councilman Cunha)
9. School Funding (by Assistant Mayor Rose and Councilwoman Rossi)
10. Clarification of Charter Amendment regarding Four Year Terms for Council and School Committee. (by Councilwoman Rossi)
11. Allowing residents to install basketball nets. (by Councilwoman Rossi)
12. Update on new Recreation Center and Planning Departments assessment of wetlands. (by Councilwoman Rossi)
13. Bank Owned and Abandoned Properties (by Councilwoman Rossi)
14. Council on the Arts (by Councilwoman Rossi)
D. Report of School Committee Liaison
E. Introduction of Ordinances
1. An ordinance amendment regarding the Juvenile Hearing Board.
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”.
SECTION I. Section 2-179 entitled “Established” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
There is hereby established within the city a juvenile hearing board with the powers set forth in this division for the purpose of hearing all cases referred to such board by the chief of police of the city with respect to persons resident in the city, under the age of 18 ages 10 to 17, who are charged with violating the criminal laws of the state, or the city.
SECTION II. Subsection (a) of Section 2-180 entitled “Referral” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by adding thereto the following:
(4) Where the juvenile prosecution officer determines the referral is inappropriate for this particular juvenile.
SECTION III. Section 2-181 entitled “Composition of board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
The membership of the juvenile hearing board shall consist of five persons over the age of 21 years to be appointed by the city council of the city, all of whom shall be residents of the city. The four members of the city council who are elected by ward shall each appoint one resident from their ward subject to the approval by a majority of the council; the remaining at large member of the city council shall appoint one resident from the city subject to approval by a majority of the council. The city council shall appoint the initial members for staggered terms. During the month of October annually, the city council shall appoint a member or members to succeed the member or members whose term will then next expire, to serve for a term of three years, each member appointed or reappointed after November 1, 2016 shall be limited to two three-year terms commencing on the November 1, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.
In addition to the five standing members, the mayor shall appoint two alternates with the approval of the majority of the council to be designated as the first and second alternate members. The first and second alternate shall serve for a term of three (3) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member. All appointments to the board shall be subject to the approval of the chief of police.
SECTION IV. Section 2-182 entitled “Duties of board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
The juvenile hearing board shall hear all cases referred to it by the chief of police. If after such referral the person before the juvenile hearing board shall not admit guilt, such case shall be referred back to the chief of police for presentation to the family court for prosecution. In all cases heard by the juvenile board, it shall determine what discipline or other remedial action shall be imposed upon the person before it. In making such determination, the juvenile hearing board shall not be bound by the customary rules of evidence, and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction. The juvenile hearing board shall impose sanctions (other than incarceration) and shall may direct restitution for any injuries resulting from the commission of such offense to which guilt has been admitted. In those cases in which the board shall orders restitution/community service, it shall attempt to assist the juvenile offender and his/her parents in providing a means whereby the offender may make complete such restitution/community service, including without limiting the generality of the foregoing, attempting to provide, with cooperation of the city manager or the superintendent of schools, suitable employment community service opportunities by the city. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed, and the amount of restitution/community service and manner of making such restitution/performing such community service. In ordering restitution/community service, the juvenile hearing board shall take into account the juvenile offender's ability to pay/comply, and the amount of actual damage caused as a result of the commission of such offense.
SECTION V. Section 2-183 entitled “Meetings of the board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
The juvenile hearing board shall meet not less than once each month. It The juvenile prosecution officer shall give notice of the matters to be heard before it to the board, to the chief of police, the police department juvenile officer and the juvenile offender and his/her parents, not less than seven days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile, and his/her legal guardians, transact its business in public. The juvenile hearing board shall elect one from its members as its chair, and one as its vice-chair. In the absence of the chair, the vice-chair shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted, subject to the approval of the city council.
SECTION VI. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Rossi
A motion to approve the ordinance for first passage is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
2. An ordinance amending Alcohol Violation Penalties and Responsible Beverage Service Training.
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”
SECTION I. Section 9-1.1 entitled “Penalty for violations relating to sale of alcoholic beverages to underage persons” of Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended to read as follows:
Any license holder who sells or allows the sale of or suffers to be sold or delivered any beverage which contains alcohol to a person who has not reached his or her twenty-first birthday, either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her twenty-first birthday to drink said alcoholic beverages within the City of East Providence, or suffers or allows any persons who have not reached their eighteenth birthday to sell or serve any alcoholic beverage on the premises, shall for the first offense be subject to the following penalties:
(a) First offense: a minimum fine of $250.00 up to $500.00 per count.
(b) Second offense: for the second offense, be subject to a minimum fine of $500.00 up to $1,000.00 per count and up to a three-day closure; a minimum of a one day closure.
(c) Third offense: a fine of $750.00 up to $1,000.00 per count and a minimum of a one- three day closure. or revocation of the license;
(d) Fourth and any subsequent offense: a minimum fine of $1,000.00 per count, a minimum of a seven day closure, and a 14-day closure or revocation of the alcohol license for a minimum of six months.
In the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as a first offense.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Capobianco
A motion to approve the ordinance for first passage is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
3. An ordinance amending Alcohol Violation Penalties and Responsible Beverage Service Training.
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES.”
SECTION I. Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses is amended by adding thereto the following:
Sec. 9-1.2. Responsible Beverage Service Training.
A.) Every East Providence alcohol license holder shall ensure that:
1. At the time of time of issuance or renewal of all Class A, B, C and D alcohol
licenses, or whenever there is a change of a license from one holder to another, the alcohol license holder, anyone serving in a supervisory capacity, employees involved with the sale or service of alcohol, individuals required to check ID’s and valet staff shall have been certified in an alcohol server training program that has been approved by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals within 60 days of being hired.
2. Licensees shall require employees described in subparagraph (A) (1) hereof to be recertified every three (3) years.
3. As a condition of an alcohol license renewal, each alcohol license holder must
submit to the City Clerk, information verifying that all persons described in paragraph (A) (1) hereof and employed by the alcohol license holder for more than sixty days (60) have completed a state certified Alcohol Server Training program as defined herein within the last three (3) years. In the event that an establishment has a staff turnover of more than five employees who sell or serve alcohol as described in paragraph (A) (1), this information will need to be resubmitted. Failure of the alcohol license holder to comply with this section may result in a suspension or non-issuance of a license until proof of certification is provided.
4. All persons who have completed a state certified Alcohol Server Training as required must have their valid server permits on the premises when engaged in the sale or service of alcoholic beverages. Failure to have a valid server permit on the premises will not constitute a violation, as long as proof of a valid permit is provided within 10 days.
B.) Any alcohol license holder who violates or fails to comply with any provision of the
Responsible Beverage Service Training Ordinance shall be subjected to the following graduated penalties in accordance with state law by the East Providence City Council sitting as the licensing commission:
1. An initial written warning for a first violation or noncompliance.
2. An additional written warning for a second violation (within 3 years of the first violation).
3. A fine not to exceed $250 for a third violation (within 3 years of the second violation).
4. License suspension for subsequent violations.
C.) Any server who violates or fails to comply with any provision of the Responsible
Beverage Service Training Ordinance shall be subjected to the following graduated penalties in accordance with state law by the East Providence Municipal Court:
1. An initial written warning for a first violation or noncompliance.
2. An additional written warning for a second violations (within 3 years of the first violation).
3. Loss of certification for third violation (within three years of the first and second violations).
D.) Failure to have a valid server permit on the person of an individual required to be certified hereunder shall not constitute a violation, provided, proof of a valid permit is provided to the City Clerk’s office within (10) days of the request.
E.) All fines collected by Municipal Court or the East Providence City Council sitting as the licensing commission hereunder shall be paid to the City of East Providence.
Requested By: Councilwoman Capobianco
A motion to approve the ordinance for first passage is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
4. An ordinance regarding no parking Callendar Avenue (north side) from Pawtucket Avenue east for 150 feet.
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
SECTION I. Section 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:
Callendar Avenue (north side) from Pawtucket Avenue east for 150 feet.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Director of Public Works
A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
5. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS.”
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
SECTION I. Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is hereby amended by adding thereto the following:
ARTICLE V. PET STORES-PROHIBITION OF THE SALE OF DOGS AND CATS
Sec. 3-68.
(a) Definitions:
Commercial establishment means any for profit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs and cats, including grooming parlors, canine day care, and boarding facilities.
Non-profit rescue organization means any Rhode Island non-profit corporation that is exempt from taxation under Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats; or any non-profit organization that is not exempt from taxation under Internal Revenue Code, Section 501(c)(3) but is currently an active rescue partner with a City of East Providence shelter or humane society, whose mission is, in whole and significant part, the rescue and placement of dogs or cats.
Certificate of source means any document from the source city animal shelter or animal control agency, humane society, or non-profit rescue organization declaring the source of the dog or cat on the premises of the pet shop, retail business, or other commercial establishment.
(b) It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog or cat in any pet store, retail business or other commercial establishment located in the City of East Providence.
(c) Nothing in this section shall prevent the owner, operator, or employees of a pet store, retail business, or other commercial establishment located in the City of East Providence from providing space and appropriate care for animals owned by a city animal shelter or animal control agency, humane society, or non-profit rescue organization and maintain those animals at the pet store retail business or other commercial establishment for the purpose of public adoption.
3-69. Violations and penalties.
Any person who violates, fails or refuses to comply with the provisions of this section shall be subject to a fine of not more than two thousand ($2,000.00) dollars for each separate offense or community service for a period of not more than ninety (90) days or any combination of fine and/or community service. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Rossi
A motion to approve the ordinance for first passage with the amendment of removing the “certificate of source” definition is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous.
F. Communications
1. Tom Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding expenditures by the Legal Department in time and money on Pond View Suit.
2. Marco Costa, 88 Lincoln Avenue (02915) requesting to address the Council regarding a birthday block party on June 1st to block half of Lincoln Avenue.
Mr. Costa testifies that the event will run from 3pm-9pm and that there will be a Bouncy House which he would like to put on the street as there is not much room in the yard.
Discussion ensues regarding whether or not there will be enough space in that neighborhood due to congestion for emergency vehicles to get through if needed.
A motion to approve pending the approvals of the Director of Public Works, East Providence Fire Chief Providence Police Chief is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
XI. ADJOURNMENT
A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
Approved By Council: June 3, 2014
Attest: _______________
City Clerk