2023 -- H 6091
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LC002389
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO TOWNS AN D 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 1
hereby amended to read as follows: 2
45-6-1. Scope of ordinances permissible. 3
(a) Town and city councils may, from time to time, make and ordain all ordinances and 4
regulations for their respective towns and cities, not repugnant to law, which they deem necessary 5
for the safety of their inhabitants from fire, firearms, and fireworks; to regulate and limit the sale 6
of tobacco products as defined in § 11-9-13.4, which includes electronic nicotine delivery systems; 7
to prevent persons standing on any footwalk, sidewalk, doorstep, or in any doorway, or riding, 8
driving, fastening, or leaving any horse or other animal or any carriage, team, or other vehicle on 9
any footwalk, sidewalk, doorstep, or doorway within the town or city, to the obstruction, hindrance, 10
delay, disturbance, or annoyance of passersby or of persons residing or doing business in this 11
vicinity; to regulate the putting up and maintenance of telegraph and other wires and their 12
appurtenances; to prevent the indecent exposure of any one bathing in any of the waters within their 13
respective towns and cities; against breakers of the Sabbath; against habitual drunkenness; 14
respecting the purchase and sale of merchandise or commodities within their respective towns and 15
cities; to protect burial grounds and the graves in these burial grounds from trespassers; and, 16
generally, all other ordinances, regulations and bylaws for the well ordering, managing, and 17
directing of the prudential affairs and police of their respective towns and cities, not repugnant to 18
the constitution and laws of this state, or of the United States. 19
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(b) Town and city councils shall furnish to their senators and representatives, upon request 1
and at no charge, copies and updates of all ordinances and regulations. 2
(c) In lieu of newspaper publication, advance notice of proposed adoption, amendment, or 3
repeal of any ordinance or regulation by a municipality may be provided via electronic media on a 4
website maintained by the office of the secretary of state. 5
(d) Except as otherwise provided for in §§ 11-9-13 through 11-9-14.1 and notwithstanding 6
any other federal or state law, rule and/or regulation to the contrary, cities and towns may adopt 7
ordinances and regulations related to the sale of tobacco products as defined in § 11-9-13.4, which 8
includes electronic nicotine delivery systems, if the ordinance or regulation is at least as stringent 9
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 10
11-9-13.12, the regulation may include, but is not limited to, the disallowing of the sale of tobacco 11
products with characterizing flavors; disallowing the sale of tobacco products in proximity to 12
schools; disallowing the offering of free or discounted tobacco products, or coupons or vouchers 13
redeemable for free or discounted tobacco products. Nothing in state law shall be construed to limit 14
cities and towns from regulating the sale of tobacco products as defined in § 11-9-13.4, which 15
includes electronic nicotine delivery systems, more stringently than state law. 16
SECTION 2. This act shall take effect upon passage. 17
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- ORDINANCES
***
This act would allow cities and towns to create and enforce ordinances related to the sale 1
of tobacco products; provided the regulations are at least as stringent as state law. 2
This act would take effect upon passage. 3
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LC002389
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