This chapter is adopted in accordance with Title 45-24.1 of the General Laws of Rhode Island, as amended (1988 amendment), which:

(a)

Declares the preservation of structures of historic or architectural value to be a public purpose;

(b)

Authorizes historic district zoning and the creation of a historic district commission for that purpose in each city and town;

(c)

Provides for definitions of terms used in historical area zoning; and

(d)

Establishes a uniform procedure regarding historical area zoning.

(Ch. 917, § 1, 7-20-2009)

The preservation of structures of historic and architectural value is a public purpose. This ordinance establishes historic districts and an historic district commission in the Town of Narragansett in order to regulate the construction, alteration, rehabilitation, repair, moving, and demolition of such structures. The purpose of the ordinance is to safeguard the heritage of the town by preserving districts and structures which reflect elements of the town's cultural, social, economic, political and architectural history; to foster civic beauty; to stabilize and improve property values in such historic districts; to strengthen the local economy; to promote the use of such historic districts for the education, pleasure and welfare of the citizens of the town; and to provide, where feasible, housing, including but not limited to limited equity cooperative housing, and other housing for low and/or moderate income residents.

(Ch. 917, § 1, 7-20-2009)

The following terms shall have the following respective meanings in relation to this section:

Alteration. Any "alteration" as defined in section 2.2 that changes one or more of the exterior architectural features or its appurtenances, including but not limited to the erection, construction, reconstruction, or removal of any structure or appurtenance.

Appurtenances. Features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including but not limited to paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.

Certificate of appropriateness. A certificate issued by the Narragansett Historic District Commission indicating approval of plans for alteration, construction, repair, removal, or demolition of a contributing structure (or its appurtenances) within an historic district. "Appropriate," for the purpose of passing upon an application for a certificate of appropriateness, means not incongruous with those aspects of the contributing structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant.

Construction. The act of adding to an existing structure, or erecting a new principal or accessory structure (and appurtenances to a structure), including but not limited to buildings, extensions, outbuildings, fire escapes, and retaining walls.

Contributing structure. Any structure (and its appurtenances) originally constructed or erected prior to January 1, 1950 and located within a town-designated historic district.

Demolition. An act or process that destroys a structure or its appurtenances in part or in whole.

Historic district. A specific division as designated by ordinance of the Town of Narragansett pursuant to this chapter. An historic district may include one or more structures and their appurtenances. An historic district, as established hereunder, shall be regulated as an overlay zone, pursuant to section 5.5 of this chapter. Properties designated "voluntary" on any local historic district map shall not be regulated under section 5.

Limited new installation. A project to install/replace a single or small area of a character-defining element, of in-kind design and materials, that is either remotely located or so small in area as to be imperceptible from the primary street view.

Non-contributing structure. Any structure (or its appurtenances) originally constructed or erected on or after January 1, 1950, and located within a town-designated historic district.

Recommendation of compatibility. A recommendation by the Narragansett Historic District Commission with respect to plans for alteration, construction, repair, removal or replacement of any structure other than a contributing structure, as defined herein, including appurtenances of such structure located within a designated historic district. A recommendation shall specifically state those ways in which the plans are or may be made more compatible with any aspects of the surrounding district which the commission has determined to be historically and/or architecturally significant.

Removal. The relocation of a structure (or its appurtenances) on its site, or to another site.

Repair. A change meant to remedy damage or deterioration of a structure or its appurtenances.

Structure. Any "structure" as defined in section 2.2 which requires permanent or temporary location on or in the ground, including but not limited to residential and nonresidential buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.

(Ch. 917, § 1, 7-20-2009; Ch. 1105, § 1, 2-21-2023)

(a)

Created; membership. An historic district commission, herein referred to as called "the commission," (or HDC) is hereby created.

(1)

The commission shall consist of seven qualified members who reside in the Town of Narragansett. The members shall be appointed by the president of the town council. Each member shall serve for three years with the exception of the initial appointments which shall consist of three members appointed for a one-year initial term, two members appointed for a two-year term, and two members appointed for a three-year term. Members shall be eligible for reappointment.

(2)

To approve historic rehabilitation tax credits for qualifying improvements made to structures meeting the definition of 'Contributing Structure" under rules and standards articulated in Chapter 1032 of the Town Code of Ordinances and any subsequent amendments thereto;

(3)

The town council president shall be authorized to name an additional member to serve as an alternate to the commission. This alternate shall sit as an active member upon the request of the chairman of the commission when and if a regular member of the commission is unable to serve at any meeting of the commission.

(4)

If a vacancy occurs on the commission, the town council president shall appoint a new member for the remainder of the unexpired term. Said appointment shall be made within 90 days of report of the vacancy. The town council president may, but shall not be required to, select members of the commission from lists of qualified citizens submitted for his or her consideration by duly organized historic or preservation societies.

(b)

Organization and procedure.

(1)

Officers. The commission shall organize at its first meeting in each calendar year by electing from its members a chairman, vice-chairman, and secretary. All votes for elected officers shall require concurrence by a majority of the membership.

a.

The chairman shall preside over all commission meetings and shall have the right to vote. The chairman shall decide all points of order, shall appoint subcommittees as necessary, and shall draft each meeting agenda with the community development director.

b.

The vice-chairman shall, in the case of absence or disability of the chairman, perform the duties of the chairman.

c.

The secretary shall keep a record of all resolutions, proceedings, finding of fact, decisions and actions and such record shall be on file for public view at the office of the town clerk.

(2)

Administration.

a.

Community development director shall at the direction of the town manager supply administrative support for the historic district commission's day-to-day operations, and may assist the secretary as needed. The CDD is not eligible to vote on any matter heard before the commission at a regular or special meeting. Duties of the CDD shall include but are not limited to the following:

1.

Keep all files of applications for certificate of appropriateness and recommendation of compatibility, keep all other files of the HDC not required to be filed with the town clerk, to make available all public information, and provide assistance to members of the public.

2.

Act as liaison between the HDC and all other agencies, departments and organizations to which it must relate in the conduct of its affairs.

3.

Consult with applicants and property owners regarding the procedures, rules and regulations, and standards and guidelines, preservation issues, and other pertinent information; and attend HDC meetings.

4.

Assist in development and implementation of a standards and guidelines handbook for the historic district commission.

5.

At the direction of the town manager, perform such duties and assume such other responsibilities as may become necessary.

(3)

Meetings. All meetings of the historic district commission shall be open to the public and any person or his/her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision.

(4)

Records. The commission shall keep a record, which shall be open to public inspection of its resolutions, proceedings, and actions.

(5)

Votes. The concurring vote of four members shall be necessary to approve any motion.

(6)

Quorum. Five members shall constitute a quorum for meetings at which one or more applications for certificate of appropriateness are heard and/or recommendation of compatibility are scheduled for review and/or decision. For all other meetings, four shall constitute a quorum.

(7)

Schedule. The HDC shall meet at minimum once each month and shall post its annual schedule of meetings for the coming year by the last day of December in the current year.

(8)

Notice. Notice of HDC meetings shall be posted in accordance with the Open Meetings Act: R.I.G.L. 42-46.

(9)

Legal counsel. The town solicitor's office shall assist in all legal matters before the HDC.

(10)

Conflicts of interest. All commission members shall be subject to the state code of ethics.

(11)

Attendance. If any member fails to attend three consecutive regular meetings of the HDC or 25 percent of all regular meetings during the course of a year, and fails to provide satisfactory excuse for such absences, then the chairman with the majority consensus of the commission, may request that the town council declare the position vacant, and ask the town council act to fill the position.

(c)

Powers and duties. The commission shall have the following powers and duties:

(1)

To review select plans for construction, alteration, repair, removal or demolition of structures and appurtenances in an historic district affecting the exterior appearance of any structure;

(2)

To approve or disapprove such plans, and to issue a certificate of appropriateness and/or recommendation of compatibility;

a.

To approve historic rehabilitation tax credits for qualifying improvements made to structures meeting the definintions of "Contributing Structure" under rules and standards articulated in Chapter 1032 of the Town Code of Ordinances and any subsequent amendments thereto.

(3)

To consult experts to assist its deliberations;

(4)

To make recommendations to the town council with respect to the establishment, delineation, or alteration of historic districts;

(5)

To assist the town, its agencies, boards, commissions and staff on matters of historic preservation, and to provide expertise and advise as appropriate;

(6)

To submit an annual report of its activities to the town council.

(7)

The commission shall within 12 months of the date of the local historic district zoning ordinance takes effect:

a.

Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this article;

b.

Adopt and publish standards of review (which shall use as a guide the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 671, as amended), within six months following the adoption of this section to inform historic district residents, property owners, and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. The commission may from time to time amend these standards as reasonably necessary, and it shall publish all such amendments; and

c.

Submit rules, procedures and standards, as well as any additions and amendments thereto, to the town council for its approval and shall, thereon, become part of this section.

(8)

The commission shall act consistently with the authority granted to it under state law as well as within this ordinance.

(9)

all decisions made by the commission shall be based on the criteria and standards set forth in this ordinance and in the town-approved standards and guidelines

(Ch. 917, § 1, 7-20-2009; Ch. 1105, §§ 2, 3, 2-21-2023)

Cross reference— Boards, commissions and committees, § 2-71 et seq.

The following districts are established as local historic districts: Central Street Historic District, Towers Historic District, Earles Court Historic District, Ocean Road Historic District, Sunset Farm Historic District, Narragansett Avenue Historic District and the Camp Historic District.

Maps 5A through 5G depict the perimeter boundaries of said districts. Said maps are hereby incorporated as a part of this section and shall be filed with the town clerk.

(1)

It is the intent of this section that historic property owned by the Town of Narragansett within the boundaries of designated historic districts as shown on the "Historic District Map" shall not be exempt from the provisions of this section, with the exception that the "camp" be designated as a hybrid "regulated/voluntary " district, in which the regulatory provisions of this section are limited in application to the four designated structures onsite as of May 1, 2023 and their immediate environs as depicted on Map 5G. Any alterations proposed for the remainder of the site shall be addressed under the "voluntary" provisions of section 5.

Map 5A: Central Street Historic District, Adopted July 20, 2009, Amended/Adopted March 19, 2018.

Map 5B: The Towers Historic District, Adopted July 20, 2009.

Map 5C: Earles Court Historic District, Adopted July 20, 2009.

Map 5D: Ocean Road Historic District, Adopted July 20, 2009.

Map 5E: Sunset Farm Historic District, Adopted November 5, 2012.

Map 5F: Narragansett Avenue Historic District, Adopted March 19, 2018.

Map 5G: Camp Historic District, Adopted September 6, 2023.

(Ch. 917, § 1, 7-20-2009; Ch. 972, §§ 1, 2, 11-5-2012; Ch. 1049, § 1, 3-19-2018; Ch. 1105, § 4, 2-21-2023; Ch. 1111, §§ 1—3, 9-5-2023)

The following regulations shall serve in addition to the use restrictions in zones underlying a historic district:

(a)

Restrictions. The following activities are prohibited within any locally designated historic district described herein or shown on official historic district maps, unless approved by the historic district commission or the administrative officer as authorized elsewhere herein:

(1)

Erecting any new primary or accessory structure;

(2)

Altering, repairing, restoring, moving, or demolishing any existing structure (or appurtenance), or any exterior activity requiring a building permit;

(3)

Erecting or displaying any appurtenant fixtures, including lights, generators, HVAC units, signs, fences, and walls.

(b)

Application. Before undertaking any construction, alteration, rehabilitation, repair, moving, or demolition activity affecting the exterior of any structure, any appurtenances, or other fixtures in any designated historic district in the Town of Narragansett, the party proposing such activity must file an application for and receive a certificate of appropriateness or recommendation of compatibility with the town historic district commission. The application shall contain the following materials and information except where deemed unnecessary and waived by the historic district commission or community development director:

(1)

Complete plans of the proposed activity insofar as they relate to the exterior appearance of the structure and to any appurtenant fixtures;

(2)

Elevation drawings of the exterior of all affected sides of the structure;

(3)

Complete specifications relating to proposed exterior design, arrangement, textures, and materials;

(4)

Any other information necessary to enable the commission to understand the proposed alteration, to visualize its effect on the exterior of the structure (and its appurtenances), and to evaluate its impact on adjacent buildings and the architectural fabric of the district.

(c)

Structures valuable to the town. Every contributing structure in an historic district represents a structure valuable to the town. In the case of an application for repair or alteration affecting the exterior appearance of such a structure (or appurtenances) or for the moving or demolition of a structure (or appurtenances) which the commission deems so valuable that the loss thereof will be a great loss to the town, state, or nation, the commission shall work with the owner to create an economically feasible plan for the preservation of such structure (and appurtenances). The commission shall reject the application unless it makes written findings that the retention of such structure constitutes a hazard to public safety which cannot be eliminated by economic means available to the owner (including the sale of the structure to any purchaser willing to preserve the structure) or that the proposed construction, alteration and repair will not materially impair the historic value of the structure. In the absence of a change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.

(d)

Structures valuable for the period. In the case of an application for repair, alteration, demolition or moving of any structure (or appurtenance) deemed to be valuable for the period of architecture it represents and/or important to the neighborhood within which it exists, the commission may approve the application if it makes written findings that:

(1)

The retention of the structure constitutes a hazard to public safety which cannot be eliminated by economic means available to the owner; or

(2)

The proposed activity will not, in the opinion of the commission, materially impair the historic value of the structure; or

(3)

The retention of the structure would deter a major improvement program of substantial benefit to the community; or

(4)

The retention of the structure (or appurtenance) would cause undue and unreasonable financial hardship to the owner, taking into account the financial resources available to the owner (including the sale of the structure to any purchaser willing to preserve the structure); or

(5)

The retention of the structure would not be in the interest of a majority of the community.

For structures valuable for the period, in the absence of change in such contributing structure arising from casualty or act of nature (such as fire), no new application for the same or similar work shall be filed within one year after rejection of any application. Demolition by neglect shall not be considered an act of nature or casualty.

(e)

Demolition. The demolition of structures and appurtenances of historic or architectural value, including demolition by neglect, will effect a major loss to the town and the neighborhood and should be avoided. The commission shall not approve a request for demolition unless all reasonable options have been exhausted, and no possible compromise is reached. When considering an application to demolish or remove a contributing structure of historic or architectural value, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site. In addition to any other criteria, the commission shall also consider whether there is reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure, and whether the owner has made continuing bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.

(1)

The commission may, at its sole discretion, permit the moving of a valuable structure (or appurtenance) as an alternative to demolition.

(2)

A certificate of appropriateness for the demolition of a structure, unless granted in the interests of public safety or to further a major community improvement program, shall not be effective for two months after the date of issuance. The commission shall use this two-month period to try to alleviate the undue hardship on the owner or to cause the structure to be sold to another owner willing to retain or to move it.

(Ch. 917, § 1, 7-20-2009; Ch. 1105, § 5, 2-21-2023)

(a)

A certificate of appropriateness or recommendation of compatibility is required for construction, alteration, repair, removal or demolition of a structure within a locally designated historic district. The building official may not issue a permit until the commission has issued a certificate of appropriateness or recommendation of compatibility; however, compliance with the recommendation of compatibility shall not be a requirement for issuance of a building permit.

(b)

Applications for certificate of appropriateness or recommendation of compatibility shall be filed with the commission at the office of community development, which shall determine if such application is complete and shall forward complete applications as necessary, with all maps, plans, and other data, to the commission.

(1)

Waiver. If the community development staff determines that any plans or supportive information which may be required under specific submittal procedures and/or checklist(s) is superfluous, unnecessary or inappropriate, or that providing said information would cause undue hardship, it may recommend the commission waive the required provision of the unnecessary or burdensome information, except if such waiver would adversely affect the public health, safety or general welfare, or would nullify the intent and purposes of this section or ordinance.

(2)

Electronic permitting. Where an application is received for construction, repair, replacement or removal of a structure through the town's electronic permitting platform and is determined by the director of community development that the scope of work is sufficiently limited to be allowed via administrative approval as authorized by subsection (c)(1) below, then no formal application shall be required. Further, the director shall be authorized to approve said application without the necessity of printing a certificate of appropriateness or recommendation of compatibility.

(c)

Categories of application. There shall be two categories of application for certificates of appropriateness and recommendations of compatibility.

(1)

Administrative review. The community development director or his/her representative serving as administrative officer shall be authorized to approve via the town's e-permit platform or issue certificates of appropriateness and recommendations of compatibility for simple repairs, in-kind repairs or replacements and other minor exterior work, including but not limited to:

a.

Roof repair or replacement in-kind;

b.

Limited new installation of siding, trim or detail , or replacement or repair in-kind*;

c.

Limited new installation of gutter or replacement or repair in-kind*;

d.

Limited new installation, refurbishment (but not replacement) of existing windows or doors*

e.

Limited new installation or minor repairs to existing stonework or masonry*;

f.

Repairs to existing awnings, exterior mechanical, electrical, heating and cooling systems or signs, or in-kind replacement thereof;

(1)

Installation of ancillary systems to the site such as in-ground sprinklers, HVAC units, generators, lighting and other facilities not directly attached to the primary structure which are visually buffered and are not located in the front yard.

g.

Repairs to existing fencing, or in-kind replacement thereof; also installation of new fencing where its view is limited due to height, design or distance from adjacent street frontage.

h.

Removal of asbestos, asphalt or other artificial siding when original siding is to be repaired or re-established;

i.

Repaving, replacement, or resurfacing in kind of existing driveways or parking areas;

(1)

Replacement, or resurfacing in kind of existing paths, patios or walkways.

j.

Subsequent phases of a multi-phased project where COA for the first phase of the project has been rendered including specifications for materials and methods to be used in completion of the project;

(1)

Modifications to approved COA—If the administrative officer determines the modification is so minor as to have negligible effect on the structure's design and/or character-defining features, then he/she shall be authorized to approve said modification by administrative review*.

k.

Installation and/or minor alterations to ancillary non-contributing structures where the main structure on the property is a contributing structure; and

l.

Other minor work or alterations that would not be detrimental to the historic character of the primary structure, accessory structure or site landscaping.*

m.

Placement of temporary structures onsite or prefabricated permanent structures of less than 144 square feet in area located in an inconspicuous area of a side or rear yard*.

* For these actions the community development director shall not issue an approval until after conferring with the chair of the historic district commission on the appropriate action and if no agreement is made, then the application shall be forwarded to the commission for a formal hearing.

(2)

Historic district commission review. The commission shall be authorized to issue certificates of appropriateness and recommendations of compatibility for all other exterior construction or alteration which cannot be administratively approved by the staff pursuant to subsection (c)(1) above, including but not limited to:

a.

Roof replacement or alteration not in-kind;

b.

Siding, trim or detail replacement or alteration not in-kind;

c.

Gutter replacement or alteration not in-kind;

d.

Replacement or alteration of all or any significant part of a window or door, or opening therefor;

e.

Significant repairs to, or alterations or extensions of, stonework or masonry;

f.

Installation, alteration or replacement not in-kind of awnings, mechanical systems or signs;

g.

Installation, alteration or replacement not in-kind of fences, walls or other barriers or fixtures;

h.

Installation or non in-kind repaving or resurfacing of existing paths, patios and driveways;

i.

Other exterior alterations of existing structures, or replacements thereof;

j.

Construction of additions, new buildings or accessory structures;

k.

Demolition or similar removal of all or any part of any building or structure; and

l.

Significant modification of landscaping, or any landscape modification affecting specimen trees or other flora.

Recommendations of compatibility for work affecting over 50 percent of a non-contributing structure's exterior facade shall be issued only by the HDC.

(d)

Incomplete applications shall be returned to the applicant within ten working days of notice by the community development staff if the applicant has not responded or provided a timeline to submit necessary documents to complete the application.

(e)

Commission review. When required, the historic district commission shall convene a hearing to review the application, giving consideration to the following:

(1)

The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

(2)

The relationship of the exterior architectural features of such structure which are to be affected to the rest of the structure and to the surrounding area;

(3)

The appropriateness and compatibility of exterior design, arrangement, texture, siting and materials proposed to be used; and

The commission shall confine their review of an application solely to exterior features of a structure. The commission shall neither consider interior arrangements, nor shall it disapprove applications except in regard to the considerations set forth above. It is not the intent of this ordinance to limit new construction, alteration, or repairs to any one period of architectural style. Furthermore, it is not the intent of this ordinance to impart additional historical architectural components unoriginal to structures within the districts; decorative and architectural additions to structures (particularly to non-contributing structures) are voluntary.

(Ch. 917, § 1, 7-20-2009;Ord. No. 1011, §§ 1, 2, 6-15-2015; Ch. 1105, §§ 6—8, 2-21-2023)

(a)

Public hearings and meetings. All meetings of the historic district commission shall be open to the public and any person or his or her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision. The commission shall comply in all respects with the R.I. Open Meetings Law. Notice of HDC meetings at which an application for a certificate of appropriateness is being considered shall appear in a newspaper with general community circulation at least six days, but no more than 14 days prior to such meetings. The fee for advertising shall be borne by the applicant and shall be paid at the time of application submittal. Notice of any other commission meeting shall be prominently posted in at least three locations within town hall, for a period of at least ten days prior to and including the meeting date. A written record of all commission resolutions, proceedings, and findings of fact, decisions and actions shall be on file for public view at the town planning office.

(b)

Decisions.

(1)

All decisions and recommendations of the historic district commission shall be in writing. Approvals shall be for a period of one year, in which time the applicant shall request and receive a building permit. The commission shall articulate and explain the reasons and bases of each decision and recommendation on a record. In the case of a decision not to issue a certificate of appropriateness, the commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant. The commission shall send a copy of the decision or recommendation to the applicant.

(2)

Written approval by administrative review may take the form of a letter or memorandum signed by the community development director. Any condition of said approval shall be articulated therein.

(3)

Extensions of time/renewals—The applicant may receive a one year extension of time to complete the approved alterations, repairs additions etc., from the administrative officer by written or verbal request. Further extensions of time shall require a written request and action by the HDC. Renewal of an expired certificate of appropriateness or recommendation of compatibility may be issued only upon written request and action by the full commission, unless received within 30 days of expiration, during which time the administrative officer shall be empowered to issued said renewal.

(c)

Effect of commission decision. The historic district commission and/or the community development director shall file a certificate of appropriateness, recommendation of compatibility, or rejection of all plans submitted for review with the building official. The building official may not issue a building permit for any work unless the commission or community development director has approved the plans.

(d)

Time limits. The commission must act on an application within 45 days of the date the application is deemed complete, unless the applicant and commission mutually agree to an extension, or the commission makes a finding of fact that the circumstances of a particular application necessitate a review period of up to 90 days. The failure of the commission to act on an application within the specified period of time shall constitute approval of the plans.

(e)

Appeals. Any person, or persons jointly or severally, aggrieved by a decision of the HDC has the right of appeal, concerning the decision, to the zoning board, and a further right of appeal from the zoning board to the superior court, in the same manner provided in R.I.G.L. 45-24-69 and from the superior court to the supreme court by writ of certiorari.

(Ch. 917, § 1, 7-20-2009; Ch. 1105, § 9, 2-21-2023)

Nothing in this ordinance shall be construed to prevent ordinary maintenance or repair of any structure within a historic district (provided that any maintenance or repair does not result in any change of design, type of material, or appearance of the structure or its appurtenances); nor shall anything in this ordinance be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the town building inspector prior to the passage of this ordinance.

(Ch. 917, § 1, 7-20-2009)

The building official, through the town solicitor, may bring an action against any property owner who fails to comply with the requirements of this article. Such actions shall be brought in the superior court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this section.

(Ch. 917, § 1, 7-20-2009)