2023 -- H 6091

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LC002389

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO TOWNS AND CITIES -- ORDINANCES

     Introduced By: Representatives Cortvriend, Tanzi, Boylan, Fogarty, Spears, Donovan,
and Speakman

     Date Introduced: March 03, 2023

     Referred To: House Municipal Government & Housing

     (Dept. of Health)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-6-1 of the General Laws in Chapter 45-6 entitled "Ordinances" is

hereby amended to read as follows:

     45-6-1. Scope of ordinances permissible.

     (a) Town and city councils may, from time to time, make and ordain all ordinances and

regulations for their respective towns and cities, not repugnant to law, which they deem necessary

for the safety of their inhabitants from fire, firearms, and fireworks; to regulate and limit the sale

of tobacco products as defined in § 11-9-13.4, which includes electronic nicotine delivery systems;

to prevent persons standing on any footwalk, sidewalk, doorstep, or in any doorway, or riding,

driving, fastening, or leaving any horse or other animal or any carriage, team, or other vehicle on

any footwalk, sidewalk, doorstep, or doorway within the town or city, to the obstruction, hindrance,

delay, disturbance, or annoyance of passersby or of persons residing or doing business in this

vicinity; to regulate the putting up and maintenance of telegraph and other wires and their

appurtenances; to prevent the indecent exposure of any one bathing in any of the waters within their

respective towns and cities; against breakers of the Sabbath; against habitual drunkenness;

respecting the purchase and sale of merchandise or commodities within their respective towns and

cities; to protect burial grounds and the graves in these burial grounds from trespassers; and,

generally, all other ordinances, regulations and bylaws for the well ordering, managing, and

directing of the prudential affairs and police of their respective towns and cities, not repugnant to

the constitution and laws of this state, or of the United States.

     (b) Town and city councils shall furnish to their senators and representatives, upon request

and at no charge, copies and updates of all ordinances and regulations.

     (c) In lieu of newspaper publication, advance notice of proposed adoption, amendment, or

repeal of any ordinance or regulation by a municipality may be provided via electronic media on a

website maintained by the office of the secretary of state.

     (d) Except as otherwise provided for in §§ 11-9-13 through 11-9-14.1 and notwithstanding

any other federal or state law, rule and/or regulation to the contrary, cities and towns may adopt

ordinances and regulations related to the sale of tobacco products as defined in § 11-9-13.4, which

includes electronic nicotine delivery systems, if the ordinance or regulation is at least as stringent

as state law. Except as provided for in §§ 11-9-13.6(4)(i) through 11-9-13.6(5), 11-9-13.8(1), and

11-9-13.12, the regulation may include, but is not limited to, the disallowing of the sale of tobacco

products with characterizing flavors; disallowing the sale of tobacco products in proximity to

schools; disallowing the offering of free or discounted tobacco products, or coupons or vouchers

redeemable for free or discounted tobacco products. Nothing in state law shall be construed to limit

cities and towns from regulating the sale of tobacco products as defined in § 11-9-13.4, which

includes electronic nicotine delivery systems, more stringently than state law.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ORDINANCES

***

     This act would allow cities and towns to create and enforce ordinances related to the sale

of tobacco products; provided the regulations are at least as stringent as state law.

     This act would take effect upon passage.

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