Chapter 1 General Provisions

32-1-1. [Superseded.]

Superseded Sections.

This section (P.L. 1952, ch. 2973, § 1) is superseded by § 42-17.1-4 .

32-1-2. Transfer of authority from department of agriculture and conservation.

Wherever in any general or public law there is assigned to the division of forests, parks, and parkways within the department of agriculture and conservation authority for the establishment, maintenance, or development of parks and recreation areas, this authority shall be transferred to the division of parks and recreation within the department of environmental management.

History of Section. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-1-2 .

Cross References.

Functions of department of environmental management, § 42-17.1-2 .

32-1-3. Acquisition of land — Riparian rights — Control of land use.

To more effectually carry out the purposes of this chapter and chapter 2 of this title, the department of environmental management may acquire by purchase, gift, devise, or condemnation, lands, easements, rights, and interests in land for a park, recreation ground, or bathing beach in any part of the state, whether that property is situated in the cities or towns in which its powers may be exercised under the provisions of § 32-2-1 , or is situate in any other city or town; provided, that all property other than tide-flowed lands acquired by condemnation shall remain subject to all rights of riparian proprietors on any waters bordering upon the property, that no riparian rights shall be taken, destroyed, impaired, or affected by the condemnation, that all riparian proprietors shall have the right to continue to maintain, repair, or reconstruct dams and their appurtenances now existing on the waters bordering upon that property and for this purpose to enter upon that property, restoring it after repair or reconstruction to its previous condition as nearly as may be, and shall continue to enjoy the same rights of flowage with respect to that property that the riparian proprietors have heretofore used and enjoyed. Subject to the foregoing provisions of this section, the department may use, or permit the use of, property, acquired by it under the provisions of this section and the waters bordering thereon, for bathing, boating, fishing, and skating, and shall have the same authority, supervision, and control over that property as it has over other property acquired by the department under other provisions of this chapter or any other law.

History of Section. G.L., ch. 279, § 15; P.L. 1927, ch. 1031, § 1; G.L. 1938, ch. 220, § 14; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-1-3 ; P.L. 2016, ch. 511, art. 2, § 52.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

Cross References.

Acquisition of land generally, § 37-6-1 et seq.

Drowning prevention and lifesaving, § 23-22.5-1 et seq.

Maintenance of roads and parkways, §§ 37-5-1 , 37-5-2 .

Comparative Legislation.

Parks and recreational areas:

Conn. Gen. Stat. §§ 23-4 — 23-27.

Mass. Ann. Laws ch. 132A, §§ 1 — 11.

Collateral References.

Park lands, condemnation of, for uses inconsistent with purpose of their dedication. 144 A.L.R. 510.

32-1-4. Procedure for condemnation of land.

For the purpose of acquiring by condemnation any of the lands, estates, and interests therein authorized to be taken by § 32-1-3 , the director of the department of environmental management shall have the powers conferred, and be subject to the duties imposed, upon towns taking property under the provisions of chapter 15 of title 39, so far as those powers and duties are consistent with the provisions of § 32-1-3 and appropriate for the purposes thereof. A description, plat, and statement of any land or any estate or interest therein taken as described in § 32-1-3 shall be signed by the director of the department and filed in the records of land evidence as required by chapter 15 of title 39 with respect to takings thereunder, and the owner of any land, estate, or interest therein taken under the authority of § 32-1-3 shall have the same right of petition and of jury trial thereon and all other rights given or secured to owners of property taken under chapter 15 of title 39.

History of Section. G.L. 1923, ch. 279, § 16; P.L. 1927, ch. 1031, § 1; G.L. 1938, ch. 220, § 15; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-1-4 .

Cross References.

Receipts from federal condemnation of park lands, §§ 2-10-9 .

Collateral References.

How to obtain jury trial in eminent domain; waiver. 12 A.L.R.3d 7.

32-1-5. Leases and concessions.

The department may let, rent, or lease such parts of the parks or reservations under its control or any building thereon and may grant any concessions on or about those parks and reservations, as in the opinion of the director of the department may deem necessary or advisable, but not for periods in excess of twenty-five (25) years.

History of Section. P.L. 1919, ch. 1742, § 3; G.L. 1923, ch. 279, § 2; G.L. 1938, ch. 220, § 2; G.L. 1956, § 32-1-5 ; P.L. 1973, ch. 221, § 1.

Cross References.

Concessions and leases on state land generally, § 37-7-9 .

32-1-5.1. John L. Curran state park — Prohibition of development.

John L. Curran state park, comprised of two hundred sixty three (263) acres, more or less, located within the city of Cranston, shall not at any time be commercially developed or in any way modified from its current undeveloped state; nor shall the land be used for any purpose other than passive outdoor recreation; nor shall the land be sold, leased, or otherwise conveyed or transferred except that short-term leasing of one year or less may be allowed provided such lease does not allow, or at any time result in, the development of the land or in any way alter the land’s current undeveloped state. The land shall be designated “open space” within the meaning of § 45-36-1 . For purposes of this section, “passive outdoor recreation” shall mean the use of land for natural areas, nature trails, forests, wetlands and marsh lands preservation, wildlife habitat, hunting, fishing, boating, swimming, picnicing, gardening, and scenic preservation.

History of Section. P.L. 1999, ch. 271, § 1.

32-1-6. Warrants for violations within parks.

There shall be power vested in the director of environmental management, and all park police officers, sergeants, lieutenants, and captains commissioned in accordance with the provisions of § 32-2-10 , to issue and to sign complaints for any persons apprehended within the limits of the properties under the jurisdiction of the department of environmental management for violation of the provisions of this chapter and chapter 2 of this title and of the rules and regulations promulgated by the director of the department relative to wilful damage to, or defacing of, state park property; dumping on state park property; refusal to clean up debris by persons responsible; violations of motor vehicle laws; hunting, trapping, and discharging firearms in any state park; public meetings and parades without permit; and unlawful interference with police or lifeguards in the performance of their duties.

History of Section. G.L. 1938, ch. 220, § 18; P.L. 1956, ch. 3731, § 1; G.L. 1956, § 32-1-6 ; P.L. 1971, ch. 189, § 1; P.L. 1983, ch. 66, § 1.

32-1-7. Monuments placed under department.

The monument erected by the state in the city of Providence in memory of Stephen Hopkins, and the lot, the monument erected by the state in the town of Charlestown in memory of Hon. Joseph Stanton, Jr., and the lot, the monuments erected by the state on the Fort Neck lot and Indian Burial Ground Hill lot, in the town of Charlestown, and all lands owned by the state and not now used by any department of the state government, are hereby placed in the care and custody of the department of environmental management which, in respect to those lots and lands, shall exercise all the powers and perform all the duties prescribed in this chapter.

History of Section. G.L. 1923, ch. 279, § 17; P.L. 1929, ch. 1383, § 1; G.L. 1938, ch. 220, § 16; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-1-7 .

Cross References.

Soldiers’ and sailors’ monument in Providence, § 30-28-7 .

32-1-8. Perry monument.

The director of environmental management shall have charge of monuments erected by the state in various locations as noted in § 32-1-7 , and, in addition thereto, the monument erected in memory of Oliver Hazard Perry in Island cemetery, and for that purpose shall expend such sums of money as may be from time to time appropriated by the general assembly.

History of Section. P.L. 1935, ch. 2250, § 103; G.L. 1938, ch. 220, § 17; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-1-8 .

32-1-9. Appropriations and disbursements.

The general assembly shall annually appropriate such sums as it may deem necessary for the purposes of this chapter and chapter 2 of this title; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums so appropriated, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the director of environmental management.

History of Section. P.L. 1906, ch. 1322, § 4; P.L. 1907, ch. 1465, § 1; G.L. 1909, ch. 239, § 4; P.L. 1909, ch. 422, § 1; P.L. 1919, ch. 1742, § 4; P.L. 1920, ch. 1837, § 1; P.L. 1921, ch. 2085, § 1; G.L. 1923, ch. 279, § 3; G.L. 1923, ch. 280, § 4; P.L. 1926, ch. 824, § 1; P.L. 1929, ch. 1357, § 1; P.L. 1931, ch. 1718, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 220, § 3; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-1-9 .

32-1-10. Employees — Records — Annual report.

The director of environmental management shall determine the duties of all employees, remove them in the manner provided by chapter 4 of title 36, and make all reasonable rules and regulations concerning them. The maps, plans, documents, records, books, papers, and accounts of the department shall be subject to public inspection at such times as the director may determine. The director shall make an annual report to the general assembly together with a full statement of the receipts and disbursements of the division of parks and recreation.

History of Section. P.L. 1907, ch. 1466, § 2; G.L. 1909, ch. 238, § 2; G.L. 1923, ch. 279, § 3; P.L. 1926, ch. 824, § 1; P.L. 1929, ch. 1357, § 1; G.L. 1938, ch. 220, § 3; impl. am. P.L. 1952, ch. 2973, § 2; impl. am. P.L. 1952, ch. 2975, § 17; G.L. 1956, § 32-1-10 .

Cross References.

Employment of forest fire lookouts in parks program, § 2-12-3 .

32-1-11. Senator James C. Maher cross country ski trail system.

The cross-country ski trails at Pulaski state park shall hereafter be named the Senator James C. Maher cross-country ski trail system. The trails within this system shall hereafter be named after revolutionary war generals as follows:

  1. The Pulaski Trail shall hereafter be named the General Sullivan trail;
  2. The Hemlock Glen Trail shall hereafter be named the General Lafayette Trail;
  3. The Covered Bridge Trail shall hereafter be named the General Greene Trail; and
  4. The Woods Trail shall hereafter be named the General Rochambeau Trail.

History of Section. P.L. 1979, ch. 2, § 1; P.L. 1985, ch. 491, § 1.

Repealed Sections.

Former section 32-1-11 (G.L., § 32-1-11 , as enacted by P.L. 1966, ch. 169, § 1), concerning fees and the fund for development of state recreation areas, was repealed by P.L. 1975, ch. 152, § 2. For present law, see § 42-17.1-9.1 .

32-1-11.1. Les Pawson Loop.

The road encircling Olney Pond in Lincoln Woods state park shall hereafter be named the Les Pawson Loop.

History of Section. P.L. 1983, ch. 7, § 1.

32-1-11.2. Edward S. Payne Overlook.

The state overlook at Mohegan Bluffs, in the town of New Shoreham, shall hereafter be named the Edward S. Payne Overlook.

History of Section. P.L. 1986, ch. 259, § 1.

32-1-11.3. Nathaniel S. Lewis Memorial Boat Landing.

The state boat landing presently under the control of the department of environmental management, located in the village of Alton, shall hereafter be named the Nathaniel S. Lewis Memorial Boat Landing.

History of Section. P.L. 1988, ch. 299, § 1.

32-1-11.4. Vin Gormley Trail.

The hiking trail encircling Watchaug Pond in Burlingame state park shall hereafter be known as the Vin Gormley Trail.

History of Section. P.L. 1991, ch. 374, § 1.

32-1-11.5. Sri Chinmoy Oneness — Home Peace Run Causeway.

The causeway at the Beach Pond Area in Exeter at the Connecticut border shall hereafter be named the Sri Chinmoy Oneness — Home Peace Run Causeway, and shall be marked by a plaque provided by the Rhode Island Sri Chinmoy centre.

History of Section. P.L. 1991, ch. 401, § 1.

32-1-11.6. Dr. Fred R. Alofsin Sailing and Event Building.

The quartermaster’s docks located at Fort Adams state park shall hereafter be named in honor of Dr. Fred R. Alofsin and the mule barn located in the park shall be named the Dr. Fred R. Alofsin Sailing and Event Building.

History of Section. P.L. 1993, ch. 10, § 1.

32-1-11.7. Lester DiRiso Bike Path Tunnel.

The bike path tunnel on the East Bay Bike Path at the Bridge Street underpass in the town of Warren shall hereafter be named the Lester DiRiso Bike Path Tunnel.

History of Section. P.L. 1993, ch. 469, § 1.

32-1-11.8. Leo C. Sullivan Memorial East Bay Bike Path.

The section of the East Bay Bike Path located in the city of East Providence shall hereafter be named the Leo C. Sullivan Memorial East Bay Bike Path.

History of Section. P.L. 1994, ch. 66, § 1.

32-1-11.9. Senator John H. Chafee Memorial Park.

The state park located in the Town of Lincoln on Lonsdale Avenue and Route 123 which the Blackstone River Bike Path will run through shall hereafter be named the “Senator John H. Chafee Memorial Park”.

History of Section. P.L. 2000, ch. 244, § 1.

Compiler’s Notes.

As enacted, this section was designated as § 32-1-11.8 . The section was redesignated as § 32-1-11.9 by the director of law revision of the joint committee on legislative services pursuant to § 43-2-2.1 .

32-1-11.10. John ‘Jack’ F. Duffy Field B Shelter.

The Field B Pavilion at Lincoln Woods State Park located in the town of Lincoln shall be named the “John ‘Jack’ F. Duffy Pavilion.”

History of Section. P.L. 2006, ch. 584, § 1.

32-1-12. Supervision of fund.

The recreation area development fund shall be expended under the direction and supervision of the director of the department of environmental management for the development of state-owned beaches, parks, and recreation areas, and the director is vested with all power and authority necessary or incidental to the purposes of §§ 32-1-11 32-1-13 .

History of Section. G.L. 1956, § 32-1-12 ; P.L. 1966, ch. 169, § 1.

32-1-13. Authority to obtain federal assistance.

The director is authorized for and on behalf of the state, with the approval of the governor, to apply for and accept from the federal government or any department or agency thereof assistance that may become available for the purposes of §§ 32-1-11 32-1-13 , whether it be in the form of a loan or grant or otherwise; to accept the provisions of any federal legislation or regulations therefor; to enter into contracts in connection therewith; and to act as agent for the federal government in connection therewith or to designate a subordinate so to act. To obtain federal assistance, the director is authorized to comply with any federal law, rules, and regulations thereunder and to meet such federal requirements as may be made conditions precedent to receiving federal assistance.

History of Section. G.L. 1956, § 32-1-13 ; P.L. 1966, ch. 169, § 1; P.L. 2016, ch. 511, art. 2, § 52.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-1-14. Misquamicut State Beach.

Notwithstanding any other provisions of the general laws, one-half (1/2) the daily cash parking fees collected on Saturday, Sunday, and holidays at Misquamicut state beach shall be paid to the town of Westerly until a total of one hundred thousand dollars ($100,000) has been paid.

History of Section. G.L. 1956, § 32-1-14 ; P.L. 1966, ch. 206, § 1.

32-1-15. Local permission to use state parks.

Any person, firm, or corporation requesting use of a state park for concerts, shows, exhibitions, or other similar gatherings shall first obtain the written permission to use the park from the licensing authority of the town or city where said park is located. The department of environmental management shall not permit the use of a park without the written permission required by this section, provided, however, that any person, firm, or corporation who or that is denied written permission to use the park from the licensing authority of the town or city where the park is located shall have the right to an immediate appeal to the department of environmental management for a hearing on the propriety of the denial of that written permission. The hearing shall be de novo and written notice of the appeal shall be given to the licensing authority of the city or town involved at the same time the written notice of appeal is given to the department of environmental management. The administrative procedures act, chapter 35 of title 42, shall apply to all appeals.

History of Section. P.L. 1972, ch. 133, § 1; P.L. 2016, ch. 511, art. 2, § 52.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-1-16. Preference for residents with disabilities.

Residents of Rhode Island who have a disability shall be given preference in the use of campsites and other recreational facilities over nonresidents who apply for permission to use those facilities.

History of Section. P.L. 1974, ch. 294, § 1; P.L. 1999, ch. 83, § 76; P.L. 1999, ch. 130, § 76.

32-1-17. Persons with disabilities.

No fee shall be charged any person with a disability regardless of age, or to automobiles transporting a non-driver with a disability, at any recreational facility owned and operated by the state; provided, however, proper identification is presented as prescribed by the department of environmental management. For the purpose of this section “person with a disability” shall mean an individual who has a physical or mental impairment and is receiving:

  1. Social security disability benefits (SSDI);
  2. Supplemental security income benefits (SSI); or
  3. Veterans benefits and who shall be determined under applicable federal law by the federal department of veterans’ affairs to be one hundred percent (100%) disabled through a service-connected disability.

    For purpose of this section, “fees” shall include all fees for parking, admittance, or other user fees for playing golf. The term “fees” shall not include licensing fees, camping fees, picnic table fees, or specialized facility use fees, including, but not limited to, fees for the use of equestrian areas, performing arts centers, game fields, and mule shed.

History of Section. P.L. 1976, ch. 174, § 1; P.L. 1998, ch. 127, § 1.

32-1-18. Senior citizens.

No entrance fee shall be charged to any person who is sixty-five (65) years of age or older and who is eligible to participate in the Rhode Island pharmaceutical assistance to the elderly program, and an entrance fee not exceeding one-half (1/2) of the established and posted rates shall be charged to any other person who is sixty-five (65) years of age or older at any recreational facility owned and operated exclusively by the state, excepting docking slips; provided, however, proper identification is presented as prescribed by the department of environmental management.

History of Section. P.L. 1977, ch. 85, § 1; P.L. 1993, ch. 138, art. 14, § 1.

32-1-19. Ten Mile River state park — Regulation of use and vehicles — Penalties for violations.

No person shall stop, stand, or park any vehicle within the Ten Mile River state park between the hours of eleven p.m. (11:00 p.m.) and six a.m. (6:00 a.m.), nor shall any person enter or remain upon the premises of the Ten Mile River state park during those hours. No person shall operate, or be in actual physical control of, any motorcycle, motor scooter, or other motor driven cycle within the Ten Mile River state park except within the area designated for their use or parking. Every person convicted of any violation of this section shall be punishable by a fine of not less than five dollars ($5.00), nor more than one hundred and fifty dollars ($150), or by imprisonment for not more than ten (10) days.

History of Section. P.L. 1979, ch. 228, § 1.

32-1-20. Goddard park — Exemption for disabled veteran.

Any veteran who is a resident of the state, and who shall be determined under applicable federal law by the federal department of veterans’ affairs to be totally disabled through a service-connected disability, shall be exempt from paying any fee to play golf at the Goddard park golf course.

History of Section. P.L. 1982, ch. 107, § 1.

32-1-21. Snake Den Park — Restrictions on future use.

The park in the town of Johnston, known as Snake Den Park, shall not be used as a water park, as herein defined, or for an amusement park. “Water park” shall, for the purposes of this section, mean any man-made swimming pool, pond, lake, or water-supplied area designed and/or used for recreation.

History of Section. P.L. 2005, ch. 292, § 1.

Chapter 2 Metropolitan Park District

32-2-1. Area included in district.

The jurisdiction and powers of the director of environmental management, insofar as the jurisdiction and powers relate to metropolitan parks, shall extend to, and may be exercised in, the cities of Providence, Pawtucket, Cranston, Warwick, and Central Falls; the towns of East Providence, Johnston, North Providence, Lincoln, and Barrington; and the voting districts numbers three (3), four (4), and five (5) in the town of Cumberland. Those cities, towns, and voting districts shall constitute the metropolitan park district.

History of Section. P.L. 1907, ch. 1466, § 3; G.L. 1909, ch. 238, § 1; P.L. 1909, ch. 410, § 2; G.L. 1923, ch. 279, § 5; G.L. 1938, ch. 220, § 4; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-1 .

Compiler's Notes.

In 2021, “of Providence Plantations” was deleted following “park district” at the end of the second sentence at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that deleted “and Providence Plantations” from the state’s name.

32-2-2. Acquisition of land for parks.

The department of environmental management shall have the power to acquire, maintain, and make available to the inhabitants of the metropolitan park district, and to the public generally, open spaces for exercise and recreation, and for intercommunication between them and adjacent streets and highways; and to this end, and acting as far as may be in consultation with the respective city and town councils and park commissioners of the cities and towns listed in § 32-2-1 , the director of environmental management is hereby authorized to take in fee simple or otherwise, in the name and for the benefit of the state, by purchase, gift, or devise, or by eminent domain in such a manner as may now or hereafter be provided by the general assembly, lands and interests, estates, and rights therein, for the public use within the metropolitan park district, and to enter into written contracts for the conveyance thereof to the department, for those purposes and uses, and further, to improve, preserve, care for, and administer those public reservations, and also, in the discretion of the director, and upon such terms and conditions as he or she may approve, such other lands and interests, estates, and rights therein, or funds in trust, as may be entrusted, given, conveyed, or devised to the department or to the state by the United States or by cities, towns, corporations, or individuals for the general purposes of this chapter, or for any one or more of those purposes, as the grantor, donor, or devisor may designate; provided, however, that nothing in this chapter shall be construed to limit the existing rights of any city or town in relation to water supply purposes, or in any way obstruct or destroy the privilege of any such city or town to take advantage of those rights.

History of Section. P.L. 1907, ch. 1466, § 4; G.L. 1909, ch. 238, § 3; G.L. 1923, ch. 279, § 5; G.L. 1938, ch. 220, § 4; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-2 .

Cross References.

Acquisition of land by state generally, § 37-6-1 et seq.

32-2-3. Purchase of land by agreement.

If any person shall agree in writing with the director for the price of his or her land or for his or her interest, right, or estate therein, so taken, the amount thus agreed upon shall be paid to him or her forthwith upon the delivery by him or her of a good and sufficient warranty or other deed satisfactory to the director in fee simple.

History of Section. P.L. 1907, ch. 1466, § 7; G.L. 1909, ch. 238, § 6; G.L. 1923, ch. 279, § 8; G.L. 1938, ch. 220, § 7; G.L. 1956, § 32-2-3 .

32-2-4. Rules and regulations — Enforcement — Powers of director.

  1. The director of the department of environmental management may make rules and regulations for the control, government, and use of all the public properties and highways under his or her care. A person violating the rules and regulations promulgated pursuant to this section shall be guilty of a civil violation and be subject to a fine not to exceed one hundred dollars ($100) for each offense. Jurisdiction over violations of this section shall be with the traffic tribunal. In accordance with chapter 17.10 of title 42, any person charged with violating the rules and regulations promulgated pursuant to this section may elect to dispose of the charge without personally appearing before the traffic tribunal by mailing or delivering the form and summons to the traffic tribunal with a check or money order in the amount of one hundred dollars ($100). In general, the director may do all acts needful for the proper execution of the powers and duties granted to, and imposed upon, the director by the terms of this chapter. The director shall also have power to expend such funds as may be given in trust, and the income thereof, in accordance with the terms of the trusts, as provided for in § 32-2-6 .
  2. Those persons duly authorized by the director of the department of environmental management to exercise the powers specified in §§ 2-10-13 , 2-12-8 , 2-12-19 , 37-15-2 , and/or 46-22-17 , may also be commissioned by the director of the department to enforce any rules or regulations promulgated by the director of the department as applicable to public properties under his or her care.

History of Section. P.L. 1907, ch. 1466, § 4; G.L. 1909, ch. 238, § 3; G.L. 1923, ch. 279, § 5; G.L. 1938, ch. 220, § 4; G.L. 1956, § 32-2-4 ; P.L. 1972, ch. 83, § 1; P.L. 1984, ch. 171, § 2; P.L. 2007, ch. 253, § 7; P.L. 2007, ch. 294, § 7.

Cross References.

Care of trees in parks, §§ 2-14-5 , 2-15-5 to 2-15-11 .

Procedure for adoption of rules, §§ 42-35-1 to 42-35-6 .

Speed of vehicles, regulation by local authorities, § 31-12-12 .

32-2-5. Disbursement of funds held in treasury.

To meet the expenses incurred under the foregoing provisions of this chapter, the state controller is hereby authorized and directed, upon receipt of vouchers properly authenticated by the director of environmental management, to draw his or her orders on the general treasurer for the payment of the vouchers, from the amounts hitherto appropriated by, and from any other moneys held in the general treasury under the provisions of this chapter.

History of Section. P.L. 1907, ch. 1466, § 4; G.L. 1909, ch. 238, § 3; G.L. 1923, ch. 279, § 5; G.L. 1938, ch. 220, § 4; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-5 .

Cross References.

Appropriations and disbursements, § 32-1-9 .

32-2-6. Acceptance of gifts — Metropolitan park trust fund.

The general treasurer is hereby directed, authorized, and empowered, with the approval of the governor, to receive, take title to, and hold in trust for the state, exempt from taxation, any gift, grant, or devise, of lands or interests, estates or rights therein, and any gift or bequest of money or other personal property, made for the purposes of this chapter, subject to the approval of the director of environmental management; and unless otherwise provided by the terms of any gift or bequest of money or other personal property, the general treasurer shall preserve and invest that money or the proceeds of that other personal property in notes and bonds secured by good and sufficient mortgage security, or in such securities as by law the sinking fund commission is authorized to invest. The trust property and real estate shall be known as the metropolitan park trust fund and shall be used under the direction of the department of environmental management, subject to the orders of the director of the department, under the terms of such trusts as may be provided by the donors thereof.

History of Section. P.L. 1907, ch. 1466, § 5; G.L. 1909, ch. 238, § 4; G.L. 1923, ch. 279, § 6; G.L. 1938, ch. 220, § 5; impl. am. P.L. 1939, ch. 660, § 200; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-6 .

32-2-7. Agreements with cities and towns — Transfer of control of parks.

Any city or town within the metropolitan park district is hereby authorized and empowered to transfer the care and control of any open space owned or controlled by it to the department of environmental management, upon such terms and conditions and for such period as may be mutually agreed upon; or to enter into an agreement in writing with the department for the joint care, control, or preservation of open spaces within or adjacent to the city or town; and the department of environmental management may in like manner transfer the care, control, and preservation of any open space controlled by it to any city or town within the metropolitan park district, with the consent of that city or town and upon such terms and for such period as may be mutually agreed upon.

History of Section. P.L. 1907, ch. 1466, § 6; G.L. 1909, ch. 238, § 5; G.L. 1923, ch. 279, § 7; G.L. 1938, ch. 220, § 6; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-7 .

32-2-8. Commissioners — Apportionment of expenses.

  1. The superior court shall, on the application of the director of environmental management, and after notice to each of the cities and towns hereinbefore designated, appoint three (3) commissioners who shall not be residents of those cities and towns, who shall, after the notice and hearing, and in such manner as they shall deem just and equitable, determine the proportion in which each of those cities and towns shall annually pay money into the treasury of the state for the term of five (5) years next following the year of the first issue of the scrip or certificates of indebtedness, to meet the interest and sinking fund requirements for each of those years as estimated by the general treasurer of the state, and to meet the expenses of preservation and necessary care of the public reservations as estimated by the director of environmental management and certified by them to the general treasurer, and any deficiency in the amount previously paid in as found by the treasurer, and shall return their award into the court; and when the award shall have been accepted by the court, it shall be final and conclusive adjudication of all matters herein referred to the commissioners and shall be binding on all parties. Before the expiration of that term of five (5) years, and every five (5) years thereafter, three (3) commissioners who shall not be residents of any of the cities or towns constituting the metropolitan park district shall again be appointed, with the same powers and duties for the next succeeding term of five (5) years; provided, that if the commissioners appointed during the first term of five (5) years, shall before the expiration of the term decide that the work of acquiring and improving land for metropolitan park purposes is not sufficiently advanced or that the improvements contemplated by this chapter are not so distributed over the various portions of the metropolitan park district as to permit of a reasonable estimation of the relative benefits to be derived by the several cities and towns, or if the works under way or in immediate contemplation are of such character that the benefits to be derived therefrom would speedily and materially alter the equity of an award made within that term, they may, with the consent of the superior court, postpone the return of their award to the court for such further period not to exceed three (3) years, as they may deem necessary in order to arrive at a more uniform and satisfactory basis of assessment; and further provided, that no assessment shall be levied for the purposes of this chapter in any one year upon any city or town in excess of a sum equal to one-half (1/2) mill on the dollar of the valuation thereof.
  2. The superior court shall have jurisdiction in equity to enforce the provisions of this chapter and shall fix and determine the compensation of all commissioners appointed by the court under the provisions hereof.

History of Section. P.L. 1907, ch. 1466, § 8; G.L. 1909, ch. 238, § 7; P.L. 1913, ch. 963, § 1; G.L. 1923, ch. 279, § 9; G.L. 1938, ch. 220, § 8; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-8 .

NOTES TO DECISIONS

Constitutionality.

This section does not violate R.I. Const., Art. I, §§ 2 , 15 or 16, or R.I. Const., Art. IV, § 2 , or U.S. Const., Amend. XIV. In re Opinion of Justices, 34 R.I. 191 , 83 A. 3, 1912 R.I. LEXIS 41 (1912).

32-2-9. Payment of assessments by cities and towns.

The amount of money required each year from each city and town of the metropolitan park district to meet the interest, sinking fund requirements, and expenses for each year, and the deficiency, if any, shall be estimated by the general treasurer in accordance with the proportion as determined in § 32-2-8 , and shall be included in, and made a part of, the sum charged in the city or town and shall be annually assessed upon it. The general treasurer shall in each year give notice to each city and town of the amount of the assessment, and each of the cities and towns shall pay its respective assessments, into the state treasury, one-half (1/2) thereof to be paid on or before April 15 and one-half (1/2) thereof to be paid on or before October 15, in each year.

History of Section. P.L. 1907, ch. 1466, § 9; G.L. 1909, ch. 238, § 8; G.L. 1923, ch. 279, § 10; G.L. 1938, ch. 220, § 9; G.L. 1956, § 32-2-9 .

NOTES TO DECISIONS

Constitutionality.

This section does not violate R.I. Const., Art. I, §§ 2 , 15 or 16, or R.I. Const., Art. IV, § 2 , or U.S. Const., Amend. XIV. In re Opinion of Justices, 34 R.I. 191 , 83 A. 3, 1912 R.I. LEXIS 41 (1912).

32-2-10. Appointment of park police.

The director of the department of environmental management may, from time to time, appoint one or more persons who may act at the expense of the funds to the credit of the director of environmental management, in the hands of the general treasurer, as police officers upon the premises, subject to the control of the department of environmental management.

History of Section. P.L. 1914, ch. 1077, § 1; G.L. 1923, ch. 279, § 11; G.L. 1938, ch. 220, § 10; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-10 ; P.L. 1972, ch. 83, § 1.

32-2-11. Powers of park police.

All full-time park policemen assigned to the division of enforcement within the department of environmental management, including the chief of the division and the chief of the metropolitan park police, shall have and may exercise, on any property under the jurisdiction of the department of environmental management, with regard to the enforcement of the criminal laws and all rules and regulations of the department of environmental management, all the powers of deputy sheriffs, town police officers, and constables, provided, however, that when any person is suspected of having committed a felony, the superintendent of state police, as he or she shall so require, shall be notified.

History of Section. P.L. 1914, ch. 1077, § 2; G.L. 1923, ch. 279, § 12; G.L. 1938, ch. 220, § 11; G.L. 1956, § 32-2-11 ; P.L. 1972, ch. 83, § 1; P.L. 2012, ch. 324, § 61.

32-2-12. Park police auxiliary force.

The director of the department of environmental management is authorized to recruit, train, and organize a park police auxiliary force to serve on a seasonal or part-time basis and possessing such qualifications as he or she shall determine. The park police auxiliary force shall at all times be under the direction of the chief of the division of enforcement in the department of environmental management. Members of the park police auxiliary force shall carry out such duties and functions as may be assigned to them from time to time by the chief of the division of enforcement.

History of Section. P.L. 1914, ch. 1077, § 3; G.L. 1923, ch. 279, § 13; G.L. 1938, ch. 220, § 12; impl. am. P.L. 1952, ch. 2973, § 2; G.L. 1956, § 32-2-12 ; P. L. 1972, ch. 83, § 1.

Cross References.

Warrants for violations within parks, § 32-1-6 .

32-2-13. Duties of auxiliary force — Limitations.

Members of the park police auxiliary force shall be equipped with uniforms prescribed by the chief of the division of enforcement and delegated specific police powers and specific police duties. They may bear and use firearms only when specifically authorized by the chief and only when in uniform and while assigned to active duty.

History of Section. P.L. 1914, ch. 1077, § 4; G.L. 1923, ch. 279, § 14; G.L. 1938, ch. 220, § 13; G.L. 1956, § 32-2-13 ; P.L. 1972, ch. 83, § 1.

32-2-14. Use of state owned golf courses.

No fee shall be charged to any person who is sixty-five (65) years of age or older and who is eligible to participate in the Rhode Island pharmaceutical assistance to the elderly program and an entrance fee not exceeding one half (1/2) of the established and posted rates shall be charged any other person sixty-five (65) years of age and older for the playing of golf on any golf course owned and operated by the state.

History of Section. G.L. 1956, § 32-2-14 ; P.L. 1959, ch. 63, § 1; P.L. 1993, ch. 138, art. 14, § 2.

32-2-15. Local police authority.

All members of local city and town police departments shall have, and may exercise, all powers and authority of police officers on any property under the jurisdiction of the department of environmental management and within the territory of the respective city or town with regard to the enforcement of the criminal laws and all rules and regulations of the department of environmental management.

History of Section. P.L. 1980, ch. 190, § 1.

Chapter 3 Town Forests, Parks, and Recreation Systems

32-3-1. Local regulations — Prosecution of violations.

Town councils and city councils may pass such ordinances, bylaws, and regulations as they may think proper in relation to the care, management, and use of the public parks, squares, or grounds within the limits of their respective towns or cities, and may prescribe punishment for the violation thereof by a fine not exceeding twenty dollars ($20.00) or by imprisonment not exceeding ten (10) days for each offense. Every deputy sheriff, town sergeant, town constable, or police officer, or any officer authorized to serve criminal process, may arrest, without a warrant, any person who does any criminal act or willfully violates any of those ordinances, bylaws, or regulations in any of those public parks, squares, or grounds, and may detain that person until a complaint can be made against him or her, and he or she can be taken upon a warrant issued upon that complaint; provided, that the arrest and detention without a warrant shall not continue longer than the space of six (6) hours when the arrest is made between the hours of 4 o’clock in the morning (4:00 a.m.) and 8 o’clock in the evening (8:00 p.m.), and when made at any other hour, the person arrested shall not be detained after 10 o’clock in the morning (10:00 a.m.) of the following day.

History of Section. G.L. 1896, ch. 40, § 24; G.L. 1909, ch. 50, § 25; P.L. 1913, ch. 950, § 1; G.L. 1923, ch. 51, § 25; G.L. 1938, ch. 333, § 25; G.L. 1956, § 32-3-1 ; P.L. 2012, ch. 324, § 62; P.L. 2015, ch. 260, § 33; P.L. 2015, ch. 275, § 33.

Cross References.

Discriminatory practices prohibited, § 11-24-1 et seq.

Grazing animals deemed at large, § 4-15-4 .

Proprietors of common and undivided lands, § 34-3-3 .

Speed of vehicles, regulation by local authorities, § 31-12-12 .

Comparative Legislation.

Town and city recreational systems:

Mass. Ann. Laws ch. 45, § 1 et seq.

Collateral References.

Liability of local government entity for injury resulting from use of outdoor playground equipment at municipally-owned park or recreation area. 73 A.L.R.4th 496.

32-3-2. Establishment of public recreation systems.

The city council of any city or the town council of any town may vote to establish a system of public recreation and may, by ordinance or resolution, vest in the school committee, the board in control of public parks, a board of recreation established as provided for in this chapter, the authority to establish, construct, equip, control, and maintain public playgrounds, athletic fields, swimming pools, bathing places, and other community recreation centers, and to conduct and promote recreation, play, sport, and physical training for which admission or other fees may be charged.

History of Section. G.L. 1923, ch. 47, § 24; P.L. 1924, ch. 553, § 1; G.L. 1938, ch. 329, § 29; G.L. 1956, § 32-3-2 .

NOTES TO DECISIONS

Liability for Injuries.

The city, while maintaining a swimming pool in a public school and charging admission thereto, was performing a governmental function rather than engaging in a corporate business, and therefore was exempt from liability for negligence for injuries suffered by bather. Maio v. Ilg, 98 R.I. 71 , 199 A.2d 727, 1964 R.I. LEXIS 130 (1964).

32-3-3. Powers of agency in charge of system.

The board or committee that may be authorized pursuant to § 32-3-2 to exercise those powers stated therein may conduct its activities on land and in buildings, adapted or adaptable for those purposes, owned by the city or town, with the consent of the committee or board in control of that property, or on land or in buildings that may hereafter be acquired for those purposes by gift, purchase, or lease; and may also in its discretion take charge of and use any place or places that any person or persons may offer the use of for purposes herein enumerated. The board or committee may employ a superintendent of recreation, teachers, and other officers and may fix their compensation. The board or committee may authorize the use of such property as may be under its control for any other municipal purpose, or by any person, society, or other organization for such other public, recreational, social, or educational purposes as the board or committee may deem proper.

History of Section. G.L. 1923, ch. 47, § 24; P.L. 1924, ch. 553, § 1; G.L. 1938, ch. 329, § 29; G.L. 1956, § 32-3-3 ; P.L. 2016, ch. 511, art. 2, § 53.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-3-4. Board of recreation.

If a city council or town council shall vote to establish a board of recreation, the city council or town council shall, by ordinance or resolution, specify the number of members on the board of recreation, the manner of their appointment, and the term for which they are chosen, and may provide that a member of the school committee, the city council, or town council, and the board in control of public parks in that city or town shall be ex officio members of the board of recreation.

History of Section. G.L. 1923, ch. 47, § 24; P.L. 1924, ch. 553, § 1; G.L. 1938, ch. 329, § 29; G.L. 1956, § 32-3-4 .

32-3-5. Joint recreational committees.

The respective boards or committees of two (2) or more towns or cities, exercising the powers conferred by §§ 32-3-2 32-3-6 , may vote to unite as a joint committee for the purpose of employing a superintendent of recreation, teachers, supervisors, and other officers; may fix their compensation; and shall apportion the amount to be paid by each of the towns on the basis of the next preceding federal census. The joint committee shall be the agent of each town represented thereon.

History of Section. G.L. 1956, ch. 47, § 24; P.L. 1924, ch. 553, § 1; G.L. 1938, ch. 329, § 29; G.L. 1956, § 32-3-5 .

32-3-6. Appropriations for recreation systems.

Any city or town may appropriate money for:

  1. The acquisition by lease or purchase, or for the equipment, of land or buildings for the purposes enumerated in §§ 32-3-2 32-3-5 ;
  2. The operation of playgrounds and recreation places; and
  3. The carrying on of recreation activities.

History of Section. G.L. 1956, ch. 47, § 24; P.L. 1924, ch. 553, § 1; G.L. 1938, ch. 329, § 29; G.L. 1956, § 32-3-6 .

32-3-7. Special laws unaffected.

The provisions of §§ 32-3-2 32-3-6 shall not affect the provisions of any special law respecting any particular city or town, none of which are repealed hereby.

History of Section. P.L. 1924, ch. 553, § 2; G.L. 1938, ch. 329, § 30; G.L. 1956, § 32-3-7 .

32-3-8. Town forests.

Towns may appropriate sums of money for the purpose of acquiring certain lands to be set apart as town forests and may expend money for developing and planting those town forests and for the necessary nursery stock required for planting purposes, provided, that the expenditures shall be authorized by the town at a legal town meeting in accordance with law. Towns may also acquire, by gift or bequest, lands for town forests and may reclaim and plant those lands.

History of Section. G.L. 1956, ch. 47, § 27; P.L. 1929, ch. 1389, § 1; P.L. 1930, ch. 1617, § 2; G.L. 1938, ch. 329, § 34; G.L. 1956, § 32-3-8 .

Collateral References.

Constitutionality of reforestation or forest conservation legislation. 13 A.L.R.2d 1095.

32-3-9. Town forest and park commissions.

The town council of any town is hereby authorized to appoint five (5) persons who shall constitute the forest and park commission of that town, to serve for a term of one, two (2), three (3), four (4), and five (5) years, respectively. Annually thereafter, at the meeting held for the purpose of appointments of town officers, any town council shall appoint one member of the commission to replace the member whose term shall next expire and who shall serve for a term of five (5) years and until his or her successor is elected and qualified. In case of vacancy in the commission, the town council shall fill the vacancy forthwith by appointment for the unexpired term.

History of Section. P.L. 1954, ch. 3349, § 1; G.L. 1956, § 32-3-9 .

32-3-10. Supervision of parks and forests — Plans and recommendations.

A town forest and park commission shall have supervision and control of all the forests acquired by that town under the provisions of § 32-3-8 , or which may be otherwise acquired, and of the public parks of that town. The commission shall, from time to time, make such recommendations and submit such plans to the town council of the town as to the commission shall seem proper relative to the improvement and beautifying of the public parks and places in the town, to the preservation of objects and places of especial interest therein, whether owing to their natural attractiveness, their historical associations, or otherwise, and relative to the general development and enhancement of the natural beauties of the town, its surroundings and approaches, and shall annually make a written report of its administration to the financial town meeting.

History of Section. P.L. 1954, ch. 3349, § 2; G.L. 1956, § 32-3-10 .

Cross References.

Care of trees, §§ 2-14-5 , 2-15-5 to 2-15-11 .

32-3-11. Reforestation projects.

A town forest and park commission shall also have jurisdiction over forest management projects and the reforestation of any land owned by that town and shall provide for that reforestation and may cooperate with the state in reforestation of any rural lands within that town under such terms as may be deemed to be for the public benefit of that town and with the approval of the town council.

History of Section. P.L. 1954, ch. 3349, § 2; G.L. 1956, § 32-3-11 .

Collateral References.

Constitutionality of reforestation or forest conservation legislation. 13 A.L.R.2d 1095.

32-3-12. Expenses and appropriations for commissions.

The members of any town forest and park commission shall serve without compensation. They shall have no authority to spend any money or to contract any indebtedness for, or on account of, the town, other than such moneys as shall be appropriated and placed at their disposal for the purposes aforesaid, or such indebtedness as they may be especially authorized to incur by the town at some regularly called meeting of the electors thereof who are entitled to vote upon any proposition to impose a tax.

History of Section. P.L. 1954, ch. 3349, § 3; G.L. 1956, § 32-3-12 .

Chapter 4 Green Acres Land Acquisition

32-4-1. Short title.

This chapter may be cited as the “Green Acres Land Acquisition Act of 1964”.

History of Section. G.L. 1956, § 32-4-1 ; P.L. 1964, ch. 174, § 1.

Comparative Legislation.

Acquisition of recreational land:

Conn. Gen. Stat. § 23-8.

Mass. Ann. Laws ch. 132A, § 3.

32-4-2. Legislative declaration.

The general assembly hereby finds and declares that:

  1. Providing land for public recreation and the conservation of natural resources promotes the public health, prosperity, and general welfare and is a proper responsibility of government;
  2. The lands now provided for those purposes will not be adequate to meet the needs of the expanding population in years to come;
  3. The expansion of population, while increasing the need for those lands, will continually diminish the supply thereof and will tend to increase the cost to the public of acquiring lands suitable and appropriate for those purposes; and
  4. The state should act now to acquire and to assist local governments to acquire substantial quantities of those lands now available so that they may be used and preserved for future use for those purposes.

History of Section. G.L. 1956, § 32-4-2 ; P.L. 1964, ch. 174, § 1.

32-4-3. Definitions.

As used in this chapter, unless the context shall otherwise require:

  1. “Director” means the director of administration or his or her designated representative;
  2. “Land” or “lands” means and includes real property, and improvements thereon, rights of way, water, riparian and other rights and easements, conservation easements, scenic easements, privileges, present and future estates, and interests of every kind and description in real property;
  3. “Local unit” means a city or town or any agency thereof; and
  4. “Recreation and conservation purposes” means and includes use of lands for agriculture, parks, natural areas, forests, camping, fishing, wetlands and marsh lands preservation, wildlife habitat, hunting, golfing, boating, winter sports, scenic preservation, and similar uses for public outdoor recreation and conservation of natural resources.

History of Section. G.L. 1956, § 32-4-3 ; P.L. 1964, ch. 174, § 1.

32-4-4. Application of funds.

  1. The director shall use the sum appropriated by this chapter, and such other sums as may be appropriated or as may otherwise be available from time to time, for the purposes herein set forth, to acquire lands for recreation and conservation purposes and to make grants to assist local units to acquire lands for those purposes, subject to the conditions and limitations prescribed by this chapter.
  2. The director is authorized for and on behalf of the state, with the approval of the governor, to apply for, and accept from, the federal government or any department or agency thereof assistance that may become available for the purposes of this chapter, whether it be in the form of a loan or grant or otherwise; to accept the provisions of any federal legislation or regulations therefor; to enter into contracts in connection therewith; and to act as agent for the federal government in connection therewith or to designate a subordinate so to act. To obtain federal assistance, the director is authorized to comply with any federal law, or rules and regulations thereunder, and to meet such federal requirements as may be made conditions precedent to receiving federal assistance.

History of Section. G.L. 1956, § 32-4-4 ; P.L. 1964, ch. 174, § 1; P.L. 2016, ch. 511, art. 2, § 54.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

NOTES TO DECISIONS

Scope of Powers.

This section gives the director of administration no more authority than he already has by virtue of section 10 of P.L. 1964, ch. 169. Chartier Real Estate Co. v. Chafee, 101 R.I. 544 , 225 A.2d 766, 1967 R.I. LEXIS 799 (1967).

32-4-5. Duties of director.

In acquiring lands and making grants to assist local units to acquire lands, the director shall:

  1. Seek to achieve a reasonable balance among all areas of the state in consideration of the relative adequacy of area recreation and conservation facilities at the time and the relative anticipated future needs for additional recreation and conservation facilities;
  2. Give due consideration to the special park requirement needs of urban areas;
  3. Give due consideration to acquiring unusual or unique natural areas;
  4. Insofar as practicable, and except as provided in subdivision (3) of this section, limit acquisition to predominately open and natural land in order to minimize the cost of acquisition and the expense of rendering land suitable for recreation and conservation purposes;
  5. Wherever possible, select land for acquisition that is suitable for multiple recreation and conservation purposes and contains an area sufficiently large to make practical its use for those purposes;
  6. Give due consideration to coordination with the plans of other departments of state government with respect to land use or acquisition. For this purpose, the director is authorized to use the facilities of the department of economic development and any agency, commission, or interdepartmental committee; and
  7. Encourage contiguous local units to develop joint plans with respect to land use or acquisition for recreation and conservation purposes.

History of Section. G.L. 1956, § 32-4-5 ; P.L. 1964, ch. 174, § 1; P.L. 2016, ch. 511, art. 2, § 54.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

Collateral References.

Municipal corporation’s power to exchange its real property used for a park or public square. 60 A.L.R.2d 239.

32-4-6. Acquisition of lands.

Lands acquired under this chapter by the state shall be acquired by the director with the approval of the governor by purchase, gift, devise, or otherwise on such terms and conditions as the director shall determine, or by the exercise of eminent domain, in accordance with the provisions of chapter 6 of title 37, insofar as those provisions are consistent with the provisions of this chapter. This power of acquisition shall extend to lands held by any local unit.

History of Section. G.L. 1956, § 32-4-6 ; P.L. 1964, ch. 174, § 1.

NOTES TO DECISIONS

Eminent Domain Compensation.

By making the provisions of chapter 6 of title 37 applicable to the taking of land by eminent domain under this act, this section affords the owner of property so taken an adequate and definite remedy for enforcement of his claim for compensation. Chartier Real Estate Co. v. Chafee, 101 R.I. 544 , 225 A.2d 766, 1967 R.I. LEXIS 799 (1967).

Collateral References.

Estate conveyed by deed for park or playground purposes, nature of. 15 A.L.R.2d 975.

Liability of state, or its agency or board, for costs in civil action to which it is a party. 72 A.L.R.2d 1379.

Right to condemn property in excess of needs for a particular public purpose. 6 A.L.R.3d 297.

32-4-7. Rules and regulations.

The director shall prescribe rules and regulations governing the administration, operation, and use of lands acquired by the state under this chapter to effect the purpose of this chapter.

History of Section. G.L. 1956, § 32-4-7 ; P.L. 1964, ch. 174, § 1.

32-4-8. Acquisition of lands by local units.

Local units are hereby authorized and empowered to acquire lands for the conservation and recreation purposes of this chapter. If the director approves the acquisition of lands by a local unit with state assistance, the lands may be acquired in the name of the local unit in any manner the local unit is authorized by law to acquire real property; provided, however, that if the acquisition is by eminent domain, it shall conform with the provisions of chapter 1 of title 24, insofar as they are consistent with the provisions of this chapter. In acquiring land for the conservation and recreation purposes of this chapter, the local unit may deal directly with the federal government or any department or agency thereof.

History of Section. G.L. 1956, § 32-4-8 ; P.L. 1964, ch. 174, § 1.

Collateral References.

Right to condemn property in excess of need for a particular purpose. 6 A.L.R.3d 297.

32-4-9. State grants — Application.

A state grant to assist a local unit to acquire lands for recreation and conservation purposes shall not be made under this chapter until:

  1. The local unit has applied to the director on forms prescribed by the director:
    1. Describing the lands for the acquisition of which the grant is sought;
    2. Stating the recreation and/or conservation purpose or purposes to which the lands will be devoted, and the facts that give rise to the need for the lands for that purpose;
    3. Setting forth a comprehensive plan for the development of the lands approved by the governing body of the local unit; and
    4. Stating such other matters as the director shall prescribe;
  2. The director shall have prescribed the terms and conditions under which the grant applied for will be made; and
  3. The local unit shall have filed with the director its acceptance of the terms and conditions and has otherwise complied with the provisions of this chapter.

History of Section. G.L. 1956, § 32-4-9 ; P.L. 1964, ch. 174, § 1; P.L. 2016, ch. 511, art. 2, § 54.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-4-10. Regulation of lands.

A state grant shall not be made under this chapter until the local unit has adopted regulations governing the administration, use, and development of the lands in question and until the director shall have approved them. No regulation may be altered thereafter without the approval of the director.

History of Section. G.L. 1956, § 32-4-10 ; P.L. 1964, ch. 174, § 1.

32-4-11. Percentage of state grants.

Grants under this chapter shall be made by the director. In the case of a single, local unit, the grant shall be in an amount equal to fifty percent (50%) of the nonfederal share of the cost of the lands, and in the case of two (2) or more contiguous local units that shall join together to present a joint comprehensive plan for the development of those units approved by their respective governing bodies, the grant shall be in an amount equal to seventy-five percent (75%) of the nonfederal share of the cost of the lands.

History of Section. G.L. 1956, § 32-4-11 ; P.L. 1964, ch. 174, § 1; P.L. 2016, ch. 511, art. 2, § 54.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-4-12. Diversion from use.

  1. Lands acquired by one or more local units with the aid of a state grant under this chapter shall not be disposed of or diverted to a use for other than recreation and conservation purposes without the approval of the director. That approval shall not be given unless the local unit or units shall agree to repay to the state the amount of the state grant given to the local unit or units under the provisions of § 32-4-11 .
  2. Lands acquired by the state under this chapter shall not be disposed of or diverted to use for other than recreation and conservation purposes without the approval of the governor.

History of Section. G.L. 1956, § 32-4-12 ; P.L. 1964, ch. 174, § 1.

32-4-13. Acquisition of lands by private sale.

Any other provision of law notwithstanding, the state may acquire lands under this chapter from any local unit at private sale.

History of Section. G.L. 1956, § 32-4-13 ; P.L. 1964, ch. 174, § 1.

32-4-14. Authority of director.

The director is authorized to do all things necessary, useful, or convenient to carry out his or her duties under this chapter, including, but not limited to:

  1. Obtaining engineering, inspection, legal, financial, geological, hydrological, and other professional services, estimates, and advice;
  2. Entering on any lands for the purpose of making surveys, borings, soundings, or other inspections or examinations;
  3. Prescribing rules and regulations to implement any provisions of this chapter; and
  4. Entering into arrangements with the federal government as provided for in this chapter.

History of Section. G.L. 1956, § 32-4-14 ; P.L. 1964, ch. 174, § 1.

32-4-15. Allocation of appropriations — Acquisition and development fund.

  1. Unless otherwise provided, money appropriated for use in executing the provisions of this chapter shall be allocated as follows:
    1. With respect to acquisition of lands by the state hereunder, two-thirds (2/3) thereof; and
    2. With respect to state grants under this chapter to assist local units to acquire lands, one-third (1/3) thereof.
  2. Such sums as may be from time to time appropriated or otherwise made available by the issue of bonds for the acquisitions contemplated by this chapter shall be held in a separate fund, and be deposited in such depositories as may be selected by the general treasurer to the credit of the fund, which shall be known as the recreation and conservation land acquisition and development fund of 1964. The moneys in the said recreation and conservation land acquisition and development fund are hereby specifically dedicated to meeting the cost of public acquisition and development of land for recreation and conservation purposes and shall not be expended except in accordance with law.

History of Section. G.L. 1956, § 32-4-15 ; P.L. 1964, ch. 174, § 1.

Chapter 5 Bridle and Hiking Trails

32-5-1. Preservation.

All recognized bridle and hiking trails situated upon state property as of June 4, 1971 shall remain in existence unless and until closed pursuant to the provisions of § 32-5-2 . All of those trails shall be reasonably accessible to any horserider or hiker during the daylight hours.

History of Section. P.L. 1971, ch. 62, § 1.

32-5-2. Closing.

No bridle or hiking trail shall be closed except by the director of environmental management and only after the director, after a public hearing of which due and proper notice is given, shall have found as a fact that the trail is not used at all and that there is no prospect for future use.

History of Section. P.L. 1971, ch. 62, § 1.

Chapter 6 Public Use of Private Lands — Liability Limitations

32-6-1. Purpose of chapter.

The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability to persons entering thereon for those purposes.

History of Section. P.L. 1978, ch. 375, § 1.

NOTES TO DECISIONS

Constitutionality.

Recreational Use Statute, R.I. Gen. Laws § 32-6-1 et seq., was not unconstitutional. Summary judgment in favor of a treasurer was proper in a suit brought by plaintiff who was injured by a swarm of bees while walking in a city park. Smiler v. Napolitano, 911 A.2d 1035, 2006 R.I. LEXIS 178 (2006).

Applicability.

R.I. Gen. Laws § 32-6-3 afforded a city immunity in a pedestrian’s suit arising from a fall in a city park because, as the premises qualified as being open to the public for recreational activity, the Recreational Use Statute did not require a distinction to be made based on the activity the pedestrian was engaged in at the time of the injury; R.I. Gen. Laws § 32-6-2(4) provided a nonexclusive list of activities and it was interpreted liberally, and the existence of statutory immunity did not depend on the specific activity pursued by the plaintiff at the time of the plaintiff’s injury. The fact that the pedestrian was injured while returning to her car after simply observing a soccer game, as opposed to participating in the soccer game, was insignificant, and the Recreational Use Statute applied. Pereira v. Fitzgerald, 21 A.3d 369, 2011 R.I. LEXIS 96 (2011).

State of Rhode Island was not liable when an accident victim was injured when diving into the pond at a memorial park because there was no evidence to support a finding that the State willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity after discovering a user’s peril. Furthermore, the State did not owe a duty of care to the victim because diving was an open and obvious danger. Roy v. State, 139 A.3d 480, 2016 R.I. LEXIS 88 (2016).

Collateral References.

Liability for injuries to, or death of, water-skiers. 34 A.L.R.5th 77.

32-6-2. Definitions.

As used in this chapter:

  1. “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land;
  2. “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
  3. “Owner” means the private-owner possessor of a fee interest, or tenant, lessee, occupant, or person in control of the premises, including the state and municipalities;
  4. “Recreational purposes” includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, horseback riding, bicycling, pleasure driving, nature study, water skiing, water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and all other recreational purposes contemplated by this chapter; and
  5. “User” means any person using land for recreational purposes.

History of Section. P.L. 1978, ch. 375, § 1; P.L. 1996, ch. 234, § 1.

NOTES TO DECISIONS

In General.

It is clear from the unambiguous language of the 1996 amendment to R.I. Gen. Laws § 32-6-2(3) that the legislature intended to include the state and municipalities among owners entitled to immunity under the statute, regardless of when the property was made available to the public for recreational use. Hanley v. State, 837 A.2d 707, 2003 R.I. LEXIS 230 (2003).

City of Providence was immune from liability under the Rhode Island Recreational Use Statute, R.I. Gen. Laws § 32-6-1 et seq., where minors were injured in the City’s park; the immunity under R.I. Gen. Laws § 32-6-3 granted to an owner, as defined under R.I. Gen. Laws § 32-6-2(3) , clearly extended to municipalities, no matter whether the city held less than a fee interest in the land or owned the land. Cruz v. City of Providence, 908 A.2d 405, 2006 R.I. LEXIS 150 (2006).

Illustrative Cases.

Plaintiff fell off a cliff while walking on a cliff walk. As the fee that plaintif paid a preservation society to tour a mansion and its grounds was not a “charge” to get access to the cliff walk, the society was not liable for negligence pursuant to R.I. Gen. Laws § 32-6-3 of Rhode Island’s Recreational Use Statute. Berman v. Sitrin, 991 A.2d 1038, 2010 R.I. LEXIS 45 (2010).

R.I. Gen. Laws § 32-6-3 afforded a city immunity in a pedestrian’s suit arising from a fall in a city park because, as the premises qualified as being open to the public for recreational activity, the Recreational Use Statute did not require a distinction to be made based on the activity the pedestrian was engaged in at the time of the injury; R.I. Gen. Laws § 32-6-2(4) provided a nonexclusive list of activities and it was interpreted liberally, and the existence of statutory immunity did not depend on the specific activity pursued by the plaintiff at the time of the plaintiff’s injury. The fact that the pedestrian was injured while returning to her car after simply observing a soccer game, as opposed to participating in the soccer game, was insignificant, and the Recreational Use Statute applied. Pereira v. Fitzgerald, 21 A.3d 369, 2011 R.I. LEXIS 96 (2011).

Owner.

It is clear from the unambiguous language of the 1996 amendment to the Rhode Island Recreational Use Statute, R.I. Gen. Laws § 32-6-1 et seq., that the Rhode Island Legislature intended to include the State of Rhode Island and municipalities among owners entitled to immunity under the statute. Roy v. State, 139 A.3d 480, 2016 R.I. LEXIS 88 (2016).

32-6-3. Liability of landowner.

Except as specifically recognized by or provided in § 32-6-5 , an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby:

  1. Extend any assurance that the premises are safe for any purpose;
  2. Confer upon that person the legal status of an invitee or licensee to whom a duty of care is owed; nor
  3. Assume responsibility for or incur liability for any injury to any person or property caused by an act of omission of that person.

History of Section. P.L. 1978, ch. 375, § 1.

Law Reviews.

2000 Survey of Rhode Island Law, see 6 Roger Williams U. L. Rev. 593 (2001).

NOTES TO DECISIONS

In General.

Under Rhode Island statutory law, a landowner owes no duty to a trespasser unless the trespasser is first discovered in a position of peril. Cain v. Johnson, 755 A.2d 156, 2000 R.I. LEXIS 173 (2000).

The obvious intention of the Rhode Island Legislature in enacting R.I. Gen. Laws § 32-6-3 was to treat those who use private property for recreational purposes as though they were trespassers for liability purposes. Hanley v. State, 837 A.2d 707, 2003 R.I. LEXIS 230 (2003).

Recreational Use Statute, R.I. Gen. Laws § 32-6-1 et seq., was not unconstitutional. Summary judgment in favor of a treasurer was proper in a suit brought by plaintiff who was injured by a swarm of bees while walking in a city park. Smiler v. Napolitano, 911 A.2d 1035, 2006 R.I. LEXIS 178 (2006).

Illustrative Cases.

Plaintiff fell off a cliff while walking on a cliff walk. As the fee that plaintif paid a preservation society to tour a mansion and its grounds was not a “charge” to get access to the cliff walk, the society was not liable for negligence pursuant to R.I. Gen. Laws § 32-6-3 of Rhode Island’s Recreational Use Statute. Berman v. Sitrin, 991 A.2d 1038, 2010 R.I. LEXIS 45 (2010).

In an action in which plaintiff, a wedding guest, alleged that she was injured when she fell as a result of potholes in the pavement leading up to the entrance of a wedding event on a naval base, whether Rhode Island’s Recreational Use Statute, R.I. Gen. Laws § 32-6-3 , immunized defendant, the U.S. Department of the Navy, from liability could not be determined in the context of a Fed. R. Civ. P. 12(b)(6) motion to dismiss because there was no indication that the wedding reception was without charge. Greene v. United States, 2011 U.S. Dist. LEXIS 3646 (D.R.I. Jan. 13, 2011).

State of Rhode Island was not liable when an accident victim was injured when diving into the pond at a memorial park because there was no evidence to support a finding that the State willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity after discovering a user’s peril. Furthermore, the State did not owe a duty of care to the victim because diving was an open and obvious danger. Roy v. State, 139 A.3d 480, 2016 R.I. LEXIS 88 (2016).

Immunity.

Summary judgment entered in favor of the State in a personal injury action was affirmed because the State was shielded from liability under R.I. Stat. § 32-6-3 of the Recreational Use Statute when the State made property available to the public for recreational use. Lacey v. Reitsma, 899 A.2d 455, 2006 R.I. LEXIS 94 (2006).

City of Providence was immune from liability under the Rhode Island Recreational Use Statute, R.I. Gen. Laws § 32-6-1 et seq., where minors were injured in the City’s park; the immunity under R.I. Gen. Laws § 32-6-3 granted to an owner, as defined under R.I. Gen. Laws § 32-6-2(3) , clearly extended to municipalities, no matter whether the City held less than a fee interest in the land or owned the land. Cruz v. City of Providence, 908 A.2d 405, 2006 R.I. LEXIS 150 (2006).

When a landowner knew that people she allowed to live on her land occasionally invited people to recreational activities at a lake on the property, but the landowner had posted a “No Trespassing” sign on the property, it was clear error to hold that the landowner was not liable, under the Recreational Use Statute, R.I. Gen. Laws § 32-6-1 et seq., for injuries suffered by those invited to the land, because the land was not opened to the public for recreational use. Bucki v. Hawkins, 914 A.2d 491, 2007 R.I. LEXIS 18 (2007).

Because the limitation on liability afforded to property owners by R.I. Gen. Laws § 32-6-3 of the recreational use statute did extend to the state, and because there was no evidence that the state acted willfully or maliciously, the state was entitled to summary judgment in a pedestrian’s personal injury action. Labedz v. State, 919 A.2d 415, 2007 R.I. LEXIS 32 (2007).

R.I. Gen. Laws § 32-6-3 afforded a city immunity in a pedestrian’s suit arising from a fall in a city park because, as the premises qualified as being open to the public for recreational activity, the Recreational Use Statute did not require a distinction to be made based on the activity the pedestrian was engaged in at the time of the injury; R.I. Gen. Laws § 32-6-2(4) provided a nonexclusive list of activities and it was interpreted liberally, and the existence of statutory immunity did not depend on the specific activity pursued by the plaintiff at the time of the plaintiff’s injury. The fact that the pedestrian was injured while returning to her car after simply observing a soccer game, as opposed to participating in the soccer game, was insignificant, and the Recreational Use Statute applied. Pereira v. Fitzgerald, 21 A.3d 369, 2011 R.I. LEXIS 96 (2011).

It was not error for the trial court to apply the Recreational Use Statute, to a citizen’s case because the area where the citizen was injured, which was both away from the field of play and in an area where there were people around the whole of the baseball field, was in space which the general public was free to access for recreational use. Carlson v. Town of S. Kingstown, 111 A.3d 819, 2015 R.I. LEXIS 48 (2015).

Owner.

Student injured after falling into a drain on the field during a soccer game was entitled to a new trial against the town with regard to the negligence suit she filed against the school district, the town, and a landscaping company, because the trial court erred by concluding that the town was a landowner under the recreational use statute since the student was not a member of the public as contemplated under the recreational use statute. Morales v. Town of Johnston, 895 A.2d 721, 2006 R.I. LEXIS 56 (2006).

Collateral References.

Effect of statute limiting landowner’s liability for personal injury to recreational user. 47 A.L.R.4th 262.

Liability for injury to customer or patron from amusement device maintained by store or shopping center for use by customers. 40 A.L.R.5th 807.

Liability of owner of private residential swimming pool for injury or death occasioned thereby. 64 A.L.R.5th 1.

Liability of proprietor of store, business, or place of amusement, for injury to one using baby stroller, shopping cart, or the like, furnished by defendant. 42 A.L.R.5th 159.

32-6-4. Land leased to state.

Unless otherwise agreed in writing, the provisions of § 32-6-3 and this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision or agency thereof or land that the state or any subdivision or agency thereof possesses an easement for recreational purposes.

History of Section. P.L. 1978, ch. 375, § 1; P.L. 1996, ch. 234, § 1; P.L. 2016, ch. 511, art. 2, § 55.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-6-5. Limitation on chapter.

  1. Nothing in this chapter limits in any way any liability that, but for this chapter, otherwise exists:
    1. For the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user’s peril; or
    2. For any injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for that lease shall not be deemed a “charge” within the meaning of this section.
  2. When the coastal resources management council designates a right-of-way as part of its designation process as specified in § 46-23-6(5) , or when the coastal resources management council stipulates public access as a condition of granting a permit, the landowner automatically will have “limited liability” as defined in this chapter, except as specifically recognized by or provided in this section.

History of Section. P.L. 1978, ch. 375, § 1; P.L. 1993, ch. 394, § 1; P.L. 2016, ch. 511, art. 2, § 55.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

Law Reviews.

2000 Survey of Rhode Island Law, see 6 Roger Williams U. L. Rev. 593 (2001).

NOTES TO DECISIONS

In General.

Under Rhode Island statutory law, a landowner owes no duty to a trespasser unless the trespasser is first discovered in a position of peril. Cain v. Johnson, 755 A.2d 156, 2000 R.I. LEXIS 173 (2000).

Where plaintiffs contended that the state negligently caused a defect in a roadway in a state park and had a duty to warn of that defect, but they never alleged, or raised a factual question regarding, willful or malicious conduct by the state, the state was entitled to immunity from liability under the recreational use statute, R.I. Gen. Laws § 32-6-3 , on the issue of its alleged negligence, and § 32-6-5(a)(1) did not apply. Hanley v. State, 837 A.2d 707, 2003 R.I. LEXIS 230 (2003).

Plaintiffs’ payment of a camping fee to camp at a state park did not constitute an entrance fee that would cause application of the R.I. Gen. Laws § 32-6-5(a)(2) exclusion from immunity under § 32-6-3 where the state charged camping and parking fees per vehicle entering the park regardless of the number of occupants in said vehicles and where the state did not charge an entrance fee to recreational users who entered on foot or by bicycle. Hanley v. State, 837 A.2d 707, 2003 R.I. LEXIS 230 (2003).

Student injured after falling into a drain on the field during a soccer game was entitled to a new trial against the town with regard to the negligence suit she filed against the school district, the town, and a landscaping company, because the trial court erred by concluding that the town was a landowner under the recreational use statute since the student was not a member of the public as contemplated under the recreational use statute. Morales v. Town of Johnston, 895 A.2d 721, 2006 R.I. LEXIS 56 (2006).

Illustrative Cases.

Where plaintiff was injured when he fell off a cliff, in view of evidence that the city which controlled the cliff walk where plaintiff fell knew about its latent dangers, and that, despite several serious accidents, it failed to either guard against those dangers or post warnings, the city was not entitled to have plaintiff’s negligence suit dismissed on summary judgment under R.I. Gen. Laws § 32-6-5(a) of Rhode Island’s Recreational Use Statute. Berman v. Sitrin, 991 A.2d 1038, 2010 R.I. LEXIS 45 (2010).

As a city and a preservation society were not engaged in a joint enterprise with respect to a tourist attraction sufficient to satisfy the limiting language of Rhode Island’s Recreational Use Statute with respect to liability for “the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user’s peril” under R.I. Gen. Laws § 32-6-5(a)(1) , the actions or omissions of the city could not be imputed to the society. Berman v. Sitrin, 991 A.2d 1038, 2010 R.I. LEXIS 45 (2010).

Trial court did not err in refusing to apply the exceptions in subsection (a)(1) because there was no evidence that the town was aware of a hole, and the town did not know that the citizen was facing peril. Carlson v. Town of S. Kingstown, 111 A.3d 819, 2015 R.I. LEXIS 48 (2015).

Exception set forth in subsection (a)(2) did not apply because there was no fee charged to the citizen to walk onto the field and observe her son playing a baseball game; despite any taxes the citizen could have paid to the town, the payment or nonpayment of those taxes did not affect whether she could use the park for recreation, and therefore, the taxes were not charges or fees to use the land. Carlson v. Town of S. Kingstown, 111 A.3d 819, 2015 R.I. LEXIS 48 (2015).

Landowner was properly granted summary judgment in a personal injury action, as the exception in this section was inapplicable because there was no evidence that the landowner had knowledge of either the particular defect or similar injuries and thus, the landowner did not willfully disregard a known risk of injury. Symonds v. City of Pawtucket, 126 A.3d 421, 2015 R.I. LEXIS 102 (2015).

State of Rhode Island was not liable when an accident victim was injured when diving into the pond at a memorial park because there was no evidence to support a finding that the State willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity after discovering a user’s peril. Furthermore, the State did not owe a duty of care to the victim because diving was an open and obvious danger. Roy v. State, 139 A.3d 480, 2016 R.I. LEXIS 88 (2016).

City was entitled to summary judgment on an administratrix’s claim that a pothole in a public park caused a decedent’s injuries because the administratrix did not show § 32-6-5 applied, as (1) nothing showed the city had actual knowledge of the pothole, had received complaints about the condition of the roadway, or had notice of past incidents resulting from that condition, as nothing showed the pothole was present when a city employee drove over the roadway or that the city had received any complaints or other notice about the roadway condition, (2) nothing showed the city willfully or maliciously failed to guard or warn against the pothole, and (3) it was undisputed the park was open to the public free of charge and the decedent was engaged in the recreational activity of bicycling when injured. Cancel v. City of Providence, 187 A.3d 347, 2018 R.I. LEXIS 95 (2018).

In a tort action arising from injuries a bicyclist sustained in a city park, the hearing justice did not err by refusing to apply the exception in subdivision (a)(1) of this section to the bicyclist’s claim because the record was devoid of any evidence that anyone else had ever been injured by the retaining wall or that the city was notified about its defective condition. The record also lacked any indication that the city had actual knowledge of the condition, had received complaints, or had notice of any past incidents resulting from the defective condition of the retaining wall. Yattaw v. City of E. Providence, 203 A.3d 1167, 2019 R.I. LEXIS 45 (2019).

Notice.

Superior court properly granted summary judgment in favor of a city in a mother’s action on behalf of her seriously injured child because the city was immune from liability under Rhode Island’s Recreational Use Statute, the mother’s objection to the city’s motion for summary judgment centered on her contention that discovery was incomplete, and whether verbal notice about the condition of the park to a member of the city council qualified as notice to the city was questionable where the record was devoid of any evidence that anyone else was injured on the baseball field at the park or that the city was on notice of an alleged defect. Rohena v. City of Providence, 154 A.3d 935, 2017 R.I. LEXIS 29 (2017).

32-6-6. Construction of chapter.

Nothing in this chapter shall be construed to:

  1. Create a duty of care or ground of liability for an injury to persons or property;
  2. Relieve any person using the land of another for recreational purposes from any obligation that he or she may have in the absence of this chapter to exercise care in his or her use of that land and in his or her activities thereon, or from the legal consequences of the failure to employ that care; or
  3. Create a public or prescriptive right or easement running with the land.

History of Section. P.L. 1978, ch. 375, § 1; P.L. 2016, ch. 511, art. 2, § 55.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-6-7. Repealed.

History of Section. P.L. 1978, ch. 375, § 1; Repealed by P.L. 1996, ch. 234, § 2, effective August 6, 1996.

Compiler’s Notes.

Former § 32-6-7 concerned permission by owner.

Chapter 7 Recreational Vehicle Parks and Campgrounds Act

32-7-1. Short title.

This chapter shall be known and may be cited as the “Rhode Island Recreational Vehicle Parks and Campgrounds Act”.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-2. Legislative findings.

It is hereby found and declared that:

  1. The freedom to travel is among America’s most cherished liberties and the recreational vehicle and automobile are key modes of travel for those enjoying this freedom.
  2. Recreational vehicle parks and campgrounds provide secure places of refuge for recreational vehicle users and campers.
  3. A comprehensive set of standards for recreational vehicle park and campground development and operation has been developed by nationally recognized organizations and institutions and these standards provide adequately for the health, safety, and welfare of the public.
  4. The public interest and safety are best served by having uniform standards for recreational vehicle park and campground development and operation from state to state.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-3. Legislative intent and purpose.

The legislative intent and purpose of this chapter are:

  1. To provide a safe environment in urban, rural, and wilderness settings that will accommodate the full range of camping units desired by the consumer;
  2. To allow the greatest latitude in designing recreational vehicle parks and campgrounds according to the desires of the recreational vehicle and camping public, while protecting the health and safety needs of that public;
  3. To ensure that local government has the right and the duty to regulate zoning for recreational vehicle parks or campgrounds; and that the state has the right and the duty to regulate those building, plumbing, and fire protection elements for which national standards have been adopted under this code;
  4. To meet the overall spirit of national codes adopted in this chapter by reference. Where slight differences in wording occur between this chapter and those of national codes, those differences are not intended to change the public health and safety goals of the national codes, but rather to foster consistency between code language and the terminology of the recreational vehicle park and campground industry and the recreational vehicle and camping public; and
  5. To provide rules, regulations, requirements, and standards for the development of recreational vehicle parks and campgrounds in the state of Rhode Island for purposes of ensuring the following:
    1. Protection of the public health, safety, and general welfare;
    2. Orderly growth and development, in conjunction with conservation, protection, and proper use of land;
    3. Proper provisions for all public facilities; and
    4. Appropriate local government control over the zoning and location of recreational vehicle parks and campgrounds in individual communities.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-4. Applicability.

This chapter shall apply to all recreational vehicle parks and campgrounds, as defined in § 32-7-7 . No person or organization or government entity shall establish and maintain a recreational vehicle park or campground within the state of Rhode Island, except in conformity with this code. Facilities in existing recreational vehicle parks and campgrounds may continue in use, providing those facilities do not constitute a recognized health or safety hazard.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-5. Scope and jurisdiction.

  1. This chapter is intended to include all elements to be regulated by the state of Rhode Island. The regulations contained in this chapter shall not supercede any applicable zoning ordinance enacted by any municipality pursuant to chapter 24 of title 45.
  2. Where differences occur between state and local standards affecting building, electrical, plumbing, and fire protection elements, the state standards shall govern.
  3. Any decision to regulate aspects of recreational vehicle parks and campgrounds, as they relate to zoning and location affecting offsite impacts, shall be made solely by local agencies.
  4. Upon the construction of a recreational vehicle park or campground, enforcement of the operational requirements of this code shall be the responsibility of those agencies normally responsible for enforcing such provisions. Where disagreements arise over jurisdiction, the responsibility for enforcement shall vest with the city, then state, in that order.
  5. Federal regulations promulgated by the National Highway Traffic Safety Administration may supercede all or part of this chapter, as applied to any category of regulated motor vehicles.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-6. Alternative materials, equipment and procedures.

The provisions of this chapter are not intended to prevent the use of any material, method of construction, or installation procedure not specially prescribed by this code; provided that any such alternative is of equal or greater quality and is verified by the authority having jurisdiction. The authority having jurisdiction shall require that sufficient evidence be submitted to substantiate any claims made regarding the safety of alternatives. Evidence shall also be submitted to demonstrate to the satisfaction of the authority having jurisdiction, that the alternative material, method of construction, or installation procedure meets or exceeds the level of health and safety protection required by the standards of this code.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-7. Definitions.

The following definitions are adopted for purposes of this chapter and for use by state and local agencies. In addition to standards established by local codes and other laws of the state of Rhode Island and standards adopted by reference, the following definitions shall apply to recreational vehicle parks and campgrounds. Where differences occur between state and local definitions, this chapter shall govern:

  1. Accessory structure:  A portable, deck-like structure, not attached to the camping unit (see “add-on structure”), not to exceed four hundred (400) square feet in area, set on movable, above-ground supports such as concrete blocks, and containing no plumbing or electrical fixtures.
  2. Accessory cabana:  A portable room enclosure.
  3. Accessory storage:  A structure located on a camping unit site that is designed and used solely for the storage and use of personal equipment and possessions of the recreational vehicle user or camper and may include storage buildings and greenhouses not exceeding one hundred twenty (120) square feet of floor area.
  4. Accessory uses:  Offices, employee or operator living units, recreational facilities, grocery stores, convenience stores, gift shops, service buildings, rest rooms, dumping stations, showers, laundry facilities, storage units, and other uses and structures customarily a part of the recreational vehicle park or campground operation.
  5. Add-on structures:  Nonpermanent structures attached to the principal camping unit that provide additional space or service.
  6. Approved:  Acceptable by the “authority having jurisdiction”.
  7. ARVC:  National Association of RV Parks and Campgrounds (ARVC). The national trade organization representing the outdoor hospitality industry.
  8. Authority having jurisdiction:  The “authority having jurisdiction” is the organization, office or individual responsible for approving equipment, equipment installation, permits, or procedures.
  9. Awning:  A shade structure supported by posts or columns and partially supported by the camping unit.
  10. Cabin/camping:  A hard-sided tent or shelter less than four hundred (400) square feet in area that is on skid and/or wheels designed to facilitate relocation.
  11. Cabin/housekeeping:  A rustic cabin providing guests with full-serviced amenities as an alternative to other forms of rental lodging.
  12. Campers:  A person or persons participating in recreational vehicle use or camping.
  13. Camping unit:  A portable structure, shelter, or vehicle designed and intended for occupancy by persons engaged in recreational vehicle use or camping. The basic units include: recreational vehicles, camping cabins, housekeeping cabins, tents, teepees, yurts, and other rental accommodations for enjoyment of the outdoor experience.
  14. Camping unit seal:  A camping unit meeting the criteria set forth in either RVIA or RPTIA guidelines.
  15. Camping unit separation:  The minimum distance between a camping unit, including its add-on structures, and an adjacent camping unit and its add-on structures.
  16. Camping unit site:  A specific area within a recreational vehicle park or campground that is set aside for a camping unit.
  17. Campground:  Any parcel or tract of land under the control of any person or organization, wherein two (2) or more camping unit sites are offered to the public or members of an organization for rent or lease. Campgrounds may or may not be designed to accommodate recreational vehicles.
    1. Primitive:  A campground where no facilities are provided for the comfort or convenience of campers.
    2. Semi-primitive:  A campground where rudimentary facilities (privies and/or fireplaces) may be provided for the comfort and convenience of campers.
    3. Developed:  A campground, accessible by vehicular traffic, where sites are substantially developed; two (2) or more utilities, e.g.; sewer, water, electricity, etc., are provided; and refuse disposal and restrooms are available.
  18. Day use:  Daytime activities within a recreational vehicle park or campground for less than a twelve-hour (12) period. (See also “Site night”).
  19. Density:  The number of camping unit sites on a unit of land area.
  20. Greenbelt:  A strip of land, containing landscape or other aesthetic site-obscuring features, intended to buffer potentially incompatible uses. Greenbelts may include utilities and other underground facilities but not camping units.
  21. Guest:  An invited visitor to a recreational vehicle park or campground.
  22. Gray Water:  Discharge from fixtures, appliances, or appurtenances, in connection with a plumbing system that does not receive any fecal matter.
  23. Minimum parcel size:  The minimum land area required to accommodate a recreational vehicle park or campground.
  24. Occupancy:  The presence of guest(s) in a camping unit for a site night where rent is received.
  25. Operator:  The owner of a recreational vehicle park or campground or his or her designee.
  26. Owner:  The owner of a recreational vehicle park or campground or his or her designee.
  27. Person:  Any individual, partnership, firm, company, corporation, trustee, association, or any public or private entity.
  28. Planning commission:  The advisory body of a local jurisdiction that has authority to advise elected decision makers of a jurisdiction on land-use permits for recreational vehicle parks or campgrounds.
  29. Public water supply:  A municipal, community, or privately owned water supply system designed to distribute water to guests within a defined geographical area.
  30. Recreation area:  A specific area of land, water, or a combination of land and water, located within a recreational vehicle park or campground, and designed and intended for the use or enjoyment of guests of the recreational vehicle park or campground.
  31. Recreational vehicle:  A vehicular-type camping unit, not exceeding four hundred (400) square feet in area, certified by the manufacturer as complying with ANSI A119.2 or A119.5, and designed primarily as temporary living quarters for recreation that has either its own motive power or is mounted on or towed by another vehicle. The basic units are: camping trailers, fifth-wheel trailers, motor homes, park trailers, travel trailers, and truck campers.
    1. Camping trailer:  A recreational vehicle, not exceeding four hundred (400) square feet in area, that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold for use.
    2. Fifth wheel trailer:  A recreational vehicle, not exceeding four hundred (400) square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.
    3. Motor Home:  A recreational vehicle, not exceeding four hundred (400) square feet in area, built on or permanently attached to a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle.
    4. Park trailer:  A recreational vehicle that meets the following criteria:
      1. Built on a single chassis mounted on wheels; and
      2. Certified by the manufacturer as complying with ANSI A119.5.
    5. Travel trailer:  A recreational vehicle, not exceeding four hundred (400) square feet in area, designed to be towed by a motorized vehicle containing a towing mechanism that is mounted behind the tow vehicle’s bumper.
    6. Truck camper:  A recreational vehicle consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the back of a pickup truck.
  32. Recreational vehicle/dependent:  A recreational vehicle not containing sanitary facilities and/or devices for connecting such facilities to a community waste disposal system.
  33. Recreational vehicle/independent:  A recreational vehicle containing sanitary facilities and devices for connecting such facilities to a community waste disposal system. This type of recreational vehicle is also referred to as a self-contained, recreational vehicle.
  34. Recreational vehicle/gross trailer area:  The total plan area of the recreational vehicle, not to exceed four hundred (400) square feet (HUD Interpretive Bulletin 3282.8). Storage lofts contained within the basic unit that have ceiling heights less than five (5) feet at the peak of the roof do not constitute additional square footage.
  35. Recreational vehicle park:  Any parcel or tract of land under the control of any person or organization, wherein two (2) or more camping unit sites are offered to the public or members of an organization for rent or lease, including park-owned recreational vehicles held out for rent. Recreational vehicle parks are designed primarily to accommodate recreational vehicles (See also “Campground”).
    1. Ownership/membership and specialty:  A recreational vehicle park or campground that is opened to members or owners only or where the sites are individually owned. This category also includes recreational vehicle parks or campgrounds that are owned by, or cater to, specific audiences such as religious groups, square dancers, and clothing optional clubs.
    2. Destination:  A recreational vehicle park or campground containing facilities (e.g., swimming pools, restaurants, golf courses, formal recreational programs, etc.) and catering to recreational vehicle users or campers who typically travel extended distances to stay for extended periods.
    3. Extended stay:  A recreational vehicle park or campground that provides extended stay, full-time, and seasonal accommodations, rather than short-term accommodations.
    4. Senior adult:  A recreational vehicle park or campground for the exclusive use of senior individuals, fifty-five (55) years of age or older, that complies with the U.S. Department of Housing and Urban Development Fair Housing Act.
    5. Traveler:  A recreational vehicle park or campground where recreational vehicle users and campers stay for a day or a week, as an alternative to other types of lodging, while traveling or vacationing or enjoying the local attractions within a given area.
  36. Rent:  Compensation or other consideration given for a prescribed right, use, possession, or occupancy of recreational vehicle park or campground, as defined by the operator.
  37. Rental on-site:  A camping unit placed within a recreational vehicle park or campground that is available for rental to guests.
  38. Recreational vehicle users:  Individuals who use recreational vehicles, including, but not limited to, the following categories:
    1. Daily/overnight:  Recreational vehicle users and campers who stay for a day or a week, as an alternative to other types of lodging. Typically travelers, visitors, or tourists enjoying local attractions in a given area.
    2. Extended stay:  Recreational vehicle users and campers who stay in a given recreational vehicle park or campground for an extended period of time. The term “extended stay” generally describes the following groups:
      1. Individuals who choose a recreationally centered lifestyle and who stay in a specific location for a traditional season (see seasonals, snowbirds, and sunbirds).
      2. Individuals who choose a recreational vehicle as interim lodging, while transferring to a new locality or awaiting construction of conventional housing.
      3. Individuals who relocate frequently for employment purposes, and choose a recreational vehicle as lodging.
      4. Individuals who choose a recreational vehicle as a housing alternative for extended periods of time.
    3. Full-time:  Individuals who opt, because of recreational and/or economic benefits, to use their recreational vehicle as their only or primary residence.
    4. Seasonal:  Individuals who typically leave their recreational vehicle at a specific recreational vehicle park or campground for a season and occupy their recreational vehicles from time to time during that season.
  39. Sanitary disposal station:  A facility for the emptying of the waste-holding tanks of recreational vehicles.
  40. Service building:  A structure or portion thereof that is used to house sanitary facilities, such as water closets, lavatories, and other facilities, for the convenience of the recreational vehicle park or campground guest.
  41. Sewage:  Any liquid waste containing animal or vegetable matter suspension or solution, or the water-carried wastes resulting from the discharge of water closets, or any other source of water-carried waste of human origin containing putrescible material.
  42. Shall:  Indicates a mandatory requirement.
  43. Should:  Indicates a recommendation, not a requirement.
  44. Site:  That portion of a recreational vehicle park or campground specifically intended for the use of one camping unit.
  45. Site night:  The equivalent of one camping unit occupying one site for one overnight stay whether occupied or not.
  46. Slideout:  An extended portion of a recreational vehicle that exceeds the allowable dimensions in the traveling mode.
  47. Utility connection assembly:  A single hookup assembly located on the site and containing connections for any or all of the following: water, sewer, electrical power, phone, or television.
  48. Watering station:  A facility for supplying potable water to recreational vehicle users and campers.

History of Section. P.L. 2001, ch. 275, § 1; P.L. 2002, ch. 304, § 1; P.L. 2002, ch. 363, § 1; P.L. 2016, ch. 511, art. 2, § 56.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-7-8. Design and construction standards.

  1. Standards set forth in the following documents are adopted by reference in this chapter: ANSI A119.2; ANSI 119.5; NFPA 501D; and HUD Interpretive Bulletin 3282.8.
  2. Recreational vehicles must comply with ANSI A119.2 or A119.5 and as further described in HUD Interpretive Bulletin 3282.8 must be primarily designed as temporary lodging for recreation that has either its own motive power or is mounted or towed by another vehicle, and does not exceed four hundred (400) square feet in area. Every service building or building used for accessory services in a recreational vehicle park or campground shall be designed and constructed in accordance with applicable building codes and standards. Each camper unit shall be allowed accessory and/or add-on structures, provided these structures are not permanent.
  3. Applicable standards include the following:
    1. Density:  Average density should not exceed twenty-five (25) camping unit sites per acre of land.
    2. Camping unit separation:  A camping unit and its accessory structures should not be located less than ten (10) feet from any other camping unit and its accessory structures or less than ten (10) feet from any permanent building within or adjacent to the recreational vehicle park or campground.
    3. Site identification:  Each camping unit site shall be identified by easily readable markers.
    4. Utility connection assembly:  When potable water connection, sewer inlet connection, electrical power, television connection, and phone connection supply or discharge outlets are provided for an individual recreational vehicle site, they may be grouped together.
    5. Swimming and bathing facilities:  If provided, such facilities shall be designed in accordance with the requirements of the authority having jurisdiction.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-9. Fire safety standards.

In addition to standards contained in the Uniform Fire Code and the referenced NFPA standards, the following standards shall apply to recreational vehicle parks and campgrounds:

  1. Campfires:  Designated outdoor campfire locations, if provided, shall be in safe, convenient areas where they will not constitute fire hazards to vegetation, undergrowth, trees, and camping units.
  2. Refuse:  Areas under and around camping units shall be kept free from accumulation of refuse. To that end, a refuse disposal system shall be provided. The burning of refuse, when permitted, shall take place only in approved incinerators.
  3. Filling LP gas containers:  The filling of LP gas containers shall conform to NFPA 58, Standard for the Storage and Handling of Petroleum Gases, or be in conformance with guidelines established by the authority having jurisdiction.
  4. Fire extinguishers:  Portable fire extinguishers provided by the park operator shall be of the multipurpose dry chemical type or its equal. Such extinguishers shall have a minimum rating of 2A:20Band shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-10. Water supply standards.

The following standards shall apply to recreational vehicle parks and campgrounds:

  1. Potable water supply and distribution:
    1. The supply or supplies of potable water shall comply with the applicable potable water standards of the authority having jurisdiction or, in the absence thereof, shall meet the intent of the Safe Drinking Water Act of 1974 (public law 93-523 as amended (1986)) [42 U.S.C. § 300f et seq.].
    2. Where the recreational vehicle park or campground has its own water supply system, the components of the system shall be approved by the authority having jurisdiction. Further, there shall be a source protection buffer area of at least two hundred (200) feet surrounding each such supply.
    3. Potable water systems, if provided for filling recreational vehicle potable water tanks, shall be located at least fifty (50) feet from any waste disposal station. When such a system is provided, a sign of durable material, not less than two (2) by two (2) feet in area, shall be posted adjacent to the potable water outlet. Such sign shall be inscribed in clearly legible letters with the following: “POTABLE WATER NOT TO BE USED FOR FLUSHING WASTE TANKS,” or other similar warning. For the purpose of this subsection, a potable watering system shall mean a tap and not the source.
    4. The potable water system should be protected from back-flow by means of a listed vacuum breaker located downstream from each connection.
  2. Water supplies for fire protection:  Water supplies for fire protection purposes shall meet the requirements of the authority having jurisdiction.
  3. Prohibited connections:  The potable water supply shall not be connected to any nonpotable or unapproved water supply.
  4. Potable water connections at individual camping unit sites:  All wells, springs, and similar sources of water intended for potable purposes shall be properly constructed, located, and protected to exclude surface contamination and to minimize the potential of contamination from sanitary hazards.

History of Section. P.L. 2001, ch. 275, § 1.

Federal Act References.

The bracketed reference to the United States Code in paragraph (1)(i) was inserted by the compiler.

Collateral References.

Citizen’s cause of action under Safe Drinking Water Act, 42 U.S.C. § 300j-8. 16 A.L.R. Fed. 3d Art. 4 (2016).

Validity, construction, and application of lead limitations and “lead and copper” rule of Safe Drinking Water Act. 16 A.L.R. Fed. 3d Art. 3 (2016).

32-7-11. Sanitary conveniences.

The following standards shall apply to recreational vehicle parks and campgrounds. All sanitary conveniences shall be installed in accordance with this code:

  1. Sewage facility approval:  Each sewage disposal system material and design layout shall be approved by the authority having jurisdiction.
  2. Material and design:  Flow rates shall be calculated at a rate of sixty (60) gallons per site per day for individually sewered sites.
  3. Sewer inlet connections at individual recreational vehicle unit sites:
    1. When provided, the sewer connections for individual recreational vehicle sites shall be located so as to minimize damage by the parking of recreational vehicles or automobiles.
    2. The connection shall consist of an inlet extending vertically to grade. The minimum diameter of the sewer inlet shall be four (4) inches and shall be provided with a four-inch (4) inlet or a minimum three-inch (3) fitting.
    3. The sewer inlet pipe shall be firmly imbedded in the ground and be protected against damage from heaving or shifting and the entrance of surface water. It shall be provided with a tight-fitting plug or cap to be used when the site is vacant.
    4. The sewer inlet pipe shall not be required to be individually vented, regardless of the use of the traps at each inlet.
    5. A drain connector shall be sealed and fitted to the camping unit inlet connector.
  4. Recreational vehicle sanitary disposal stations:
    1. One recreational vehicle sanitary disposal station shall be provided for each one hundred (100) recreational vehicle sites, or parts thereof, that are not equipped with individual sewer connections.
    2. Each station, where provided, shall be convenient to access from the service driveway and shall provide easy ingress and egress for recreational vehicles.
    3. Unless other approved means are used, each station shall have a concrete slab with a center drain inlet located so as to be on the driveway (left) side of the recreational vehicle.
    4. The slab shall be not less than three (3) feet by three (3) feet, at least three and one-half (31/2) inches thick, and properly reinforced, the surface of which is trowelled to a smooth finish and sloped from each side inward to a sewer inlet.
    5. The sewer inlet shall consist of a four-inch (4), self-closing, foot-operated hatch of approved material with a tight-fitting cover. The hatch body shall be set in the concrete of the slab with the lip of the opening flush with its surface to facilitate the cleansing of the slab with water. The hatch shall be properly connected to a sewer inlet that shall discharge to an approved sanitary sewage disposal facility constructed in accordance with ANSI A119.4 section 4-8.1.
  5. Holding tank flushing facilities:  Where holding tank flushing facilities are provided by the operator, the following standards shall apply:
    1. Holding tank flushing facilities shall consist of piped supply of water under pressure, terminating in a valved outlet located and installed to minimize damage by automobiles or recreational vehicles. The flushing device shall consist of a properly supported riser terminating at least two (2) feet above the ground surface with a three-quarter (3/4) inch valved outlet to which is attached a flexible hose.
    2. The water supply to the flushing device shall be protected from backflow by means of a listed vacuum breaker located downstream from the last shutoff valve.
    3. Adjacent to the flushing arrangement there shall be posted a sign of durable material, not less than two (2) feet by two (2) feet in size, and inscribed in clearly legible letters with the following: “DANGER — NOT TO BE USED FOR DRINKING OR DOMESTIC PURPOSES” or other similar warning.
    4. There shall not be any cross-connection between the holding tank flushing facilities and the potable water system. If the flushing facilities do not have a separate water source entirely, such facilities shall be separated from any potable system by an air gap or a backflow device.
  6. Sanitary facilities:
    1. Toilets shall be provided at one or more locations in every recreational vehicle park or campground, except at primitive and semi-primitive campgrounds.
    2. In recreational vehicle parks and semi-developed and developed campgrounds, a minimum of one toilet shall be provided for each sex up to the first twenty-five (25) dependent sites. For each additional twenty-five (25) dependent sites, not provided with sewer connections, an additional toilet for each sex shall be provided. No public toilets are required if all sites serve only self-contained recreational vehicles.
    3. Chemical and recirculating toilets shall be of an approved type.
    4. Where provided, porta-johns shall be an approved type.
    5. Toilet facilities shall have convenient access and shall be located within a five-hundred-foot (500) radius from any camping units not provided with individual sewer connections.
    6. If water flush toilets are provided, an equal number of lavatories shall be provided for each two (2) toilets, when more than six (6) toilets are required. Each lavatory basin shall have a piped supply of potable water and shall drain into the sewage system.
    7. If separate facilities are provided for men and women, urinals shall be acceptable for no more than one-third (1/3) of the toilets required in the men’s facilities.
    8. Each female toilet room shall be provided with a receptacle for sanitary napkins. The receptacle shall be durable, nonpervious, and readily cleanable material and should be provided with a lid.
    9. Toilets shall be of a listed type and shall be provided with seats with open fronts.
    10. Each toilet shall be in a separate compartment and shall be provided with a door and latch for privacy and a holder or dispenser for toilet paper. Dividing walls or partitions shall be at least five (5) feet high and, if separated from the floor, shall be by a space of no more than twelve (12) inches.
    11. Toilet compartments shall be not less than thirty (30) inches in width and there shall be not less than thirty (30) inches of clear space in front of each toilet.
    12. Each toilet building shall have a minimum ceiling height of seven (7) feet.
    13. Facilities for males and females shall be appropriately marked, including “unisex” facilities, where provided.
    14. Unless artificial light is provided, the total window or skylight area shall be equal to at least ten percent (10%) of the floor area.
    15. Unless provided with a listed mechanical ventilation system, every toilet room shall have permanent, nonclosable, screened opening(s) with a total area of not less than five percent (5%) of the floor area, opening directly to the exterior in order to provide proper ventilation. Listed exhaust fan(s), vented to the exterior, the rating of which in cubic foot per minute is at least twenty-five percent of the total volume of the toilet room(s) served, shall be considered as meeting the requirements of this subsection.
    16. All windows and vents opening to the outside shall be provided with fly-proof screens of not less than No. 16 mesh.
    17. All doors to the exterior shall open outward, shall be self-closing, and shall be visually screened by means of a vestibule or wall to prevent direct view of the interior when the exterior doors are open. Such screening shall not be required on single-toilet units.
    18. The interior finish of walls shall be moisture resistant to a height of four (4) feet to facilitate washing and cleaning.
    19. The floors shall be constructed of materials impervious to water and shall be easily cleanable. Any toilet building having flush toilets shall be provided with a floor drain in the toilet room. This drain shall be provided with a means to protect the trap seal as required by this code.
  7. Showers:  Showers and shower dressing areas shall be built to code. All shower compartments, regardless of shape, shall have a minimum finished interior of one thousand twenty-four (1,024) square inches (0.66m2) and shall be capable of encompassing a thirty-inch (30) (762mm) circle. The minimum required area and dimensions shall be measured at a height equal to the top of the threshold and at a point tangent to its centerline. Each shower shall be designed to minimize the flow of water into the dressing area and shall be properly connected to the sewage system by means of a trapped inlet.
    1. If showers are provided, an individual dressing area, visually screened from view, shall also be provided with a minimum floor area of thirty-six (36) inches by thirty-six (36) inches (0.9m by 0.9m) and such dressing areas shall be equipped with a minimum of one clothing hook and one stool (or equivalent bench area).
    2. The floor of showers and dressing areas shall have an impervious, skid-resistant surface.
    3. Open showers provided exclusively for the removal of sand, etc., following beach activities, need not comply with the provisions of this subsection.

History of Section. P.L. 2001, ch. 275, § 1; P.L. 2016, ch. 511, art. 2, § 56.

Effective Dates.

P.L. 2016, ch. 511, art. 2, § 57, provides that the amendment to this section by that act takes effect on December 31, 2016.

32-7-12. Refuse disposal standards.

Facilities for the storage, collection, and disposal of refuse shall be provided.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-13. Recreational vehicle park and campground operation.

  1. Rules/policies:  Any operator of a recreational vehicle park or campground may establish reasonable rules and regulations for the management of the establishment and its guests and employees, and each guest or employee staying or employed in the establishment shall conform to and abide by such rules and regulations, so long as the guest or employee shall remain in or at the recreational vehicle park or campground. Such rules and regulations shall control the liabilities, responsibilities, and obligations of all parties. The rules and regulations established pursuant to this section shall be printed in a readable form to allow reasonable communications with the guests and shall be available in the office to recreational vehicle users and campers.
  2. Fees:  In each recreational vehicle park or campground, there shall be made available to recreational vehicle users and campers in the registration area, the rates at which each site is rented. This rate sheet shall indicate the amount charged for occupancy, for extra conveniences, for extra people, for more complete accommodations, or for additional furnishings, and the dates during the year when such charges apply.
  3. Evictions:  The owner or agent of any recreational vehicle park or campground may remove, or cause to be removed, from such facility, in the manner provided by law, any guest of the recreational vehicle, park or campground who, while on the premises of the facility, disturbs the peace and comfort of other persons, causes harm to the physical establishment, fails to follow rules, policies, or regulations, or fails to make payment of rent. In addition to grounds for eviction established by law, grounds for eviction may be established in a written agreement.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-14. Administration and enforcement.

  1. The local permitting authority shall be responsible for enforcing compliance with the standards adopted in this chapter during its review of plans for the recreational vehicle park or campground. The arrangement of each recreational vehicle park and campground shall meet the specific approval of the chief of the fire department, forest ranger, warden, or other authority responsible for providing the necessary fire protection services. A site plan shall be supplied to the fire and law enforcement agencies having jurisdiction. To facilitate the response by emergency services such as fire police and ambulance, the sites plan shall indicate, at a minimum, the location of all camping unit sites, major buildings and facilities, and water supplies for fire protection purposes in the recreational vehicle park or campground.
  2. Every recreational vehicle park or campground shall be required to obtain from the authority having jurisdiction a license to do business. Such licenses shall be effective for a period of time to be determined by the local licensing board. The conditions of issuance of the license shall be that the recreational vehicle park or campground be in conformity with the appropriate health and safety regulations imposed by the state of Rhode Island and the local authority having jurisdiction.
  3. It is the duty of each operator of a recreational vehicle park or campground to maintain, at all times, registration receipts, signed by or for guests within the facility showing the dates upon which the sites were occupied by each guest.

History of Section. P.L. 2001, ch. 275, § 1.

32-7-15. Severability.

If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter, that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 2001, ch. 275, § 1.