ARTICLE IV. - JUNKED OR ABANDONED MOTOR VEHICLES, MOTORIZED EQUIPMENT, VEHICLE PARTS

Sec. 12-141. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Inoperable means that the motor vehicle(s) or motorized equipment is no longer functional for the purpose for which it was originally manufactured.

Junked or abandoned motor vehicle or motorized equipment means a motor vehicle or motorized equipment used in construction or used for transportation on land or water, that is inoperable and has remained on private or public property for longer than 45 days. Included within this definition are trailers and other equipment that are towed or utilized as an accessory by a motor vehicle or motorized equipment.

Parts, associated, means parts associated with the restoration of motor vehicle(s) or motorized equipment.

Parts, vehicle, means parts of motor vehicle(s) or motorized equipment, including bodies, engines, tires, parts or accessories thereto.

Private property means all property not described as public property located within the town.

Public property means all property owned or controlled by the town, state, or federal government, including property to which the town holds tax title.

(Ord. of 7-28-2004, § 1)

Sec. 12-142. - Prohibitions.#

(a)

Generally. No owner of property shall deposit, store, keep or permit to be deposited, stored or kept, upon private or public property junked or abandoned motor vehicle(s), motorized equipment or parts as defined in section 12-141 hereof except in an enclosed garage or structure allowed by the town's zoning article(s). A fixed or permanent structure in compliance with the town zoning article(s) with a permanent roof such as a carport, which is defined as a structure with a fixed roof that will have three open sides and is attached to a structure, is also an acceptable storage facility.

(b)

Properties that have been enrolled under the provisions of the Farm, Forest, and Open Space Act, G.L. § 44-27-3. Classification of farmland, shall be exempt from the provisions of this article if it can be demonstrated that the motor vehicle(s) motorized equipment or parts in question are required for the essential operation of the farm. The chief of police may require that the motor vehicle(s), motorized equipment or parts be relocated within the property limits and covered to specifications determined by the chief of police.

(Ord. of 7-28-2004, § 2)

Sec. 12-143. - Temporary permit.#

(a)

The chief of police (chief), or his/her designee, for cause shown may issue a temporary permit for a period not to exceed 180 days for the keeping or storing of a motor vehicle or motorized equipment as defined in section 12-141. The applicant for the temporary permit shall be the owner of the property on which the motor vehicle or motorized equipment are to be stored. A temporary permit may be extended for a period not to exceed 180 days. In the case of a vehicle being restored, and the restoration is substantially complete, the chief of police may grant an additional extension of 180 days. There shall be no charge for issuance of a temporary permit or extensions thereof.

(b)

Temporary permits may be issued for the following:

(1)

Motorized vehicle(s), antique vehicle(s) and motorized equipment being restored by the property owner.

(2)

Storage of parts associated with the restoration of motor vehicle(s) or motorized equipment.

(3)

Temporary storage of motor vehicle(s), motorized equipment, and vehicle parts which are in violation of this article pending removal from the property.

(4)

Other uses that may be specified in the rules and regulations for issuance of a temporary permit.

(c)

The basis for issuance of a temporary permit is as follows:

(1)

The chief of police, or designee, for cause shown may issue a temporary permit to store one motor vehicle, one piece of motorized equipment and associated parts, in compliance with and as defined in section 12-141 on public or private property.

(2)

The chief of police shall grant no more than two temporary permits per property at any one time.

(3)

The applicant for a temporary permit shall be the owner of the property on which the motor vehicle(s), motorized equipment, and associated parts are stored.

(4)

The owner of a business who is not the property owner may apply for a temporary permit with the written permission of the property owner and provided the request is directly related to a business being conducted on the site and that business is in compliance with the town's zoning article(s).

(5)

A written description or report and photograph(s) of each motor vehicle, motorized equipment and associated parts permitted shall be kept on file by the chief of police.

(6)

The chief of police shall be empowered to require those requesting permits to relocate (on the owner's property) and/or to cover, to specifications determined by the chief of police, the motor vehicle, motorized equipment and associated parts, as a condition of permit issuance.

(7)

The chief of police may, with cause shown, revoke the temporary permit at any time. Five calendar days' notice is required to the permit holder prior to revocation of the permit, unless a health or safety issue exists. If a health or safety issue exists (including environmental pollution) as determined by the chief, the temporary permit may be revoked immediately.

(8)

A copy of each temporary permit and any extension(s) granted shall be filed with the town's building and zoning officer(s) upon its issuance to ensure compliance with the town's zoning article(s).

(d)

The chief of police may, with the approval of the public safety director, issue rules and regulations controlling the issuance of a temporary permit. A copy of the approved rules and regulations and any amendments thereto, shall be filed with the town clerk. Rules and regulations, including identification of additional items for which a temporary permit may be issued, shall be in accordance with this section of this article.

(Ord. of 7-28-2004, § 3)

Sec. 12-144. - Notice of violation.#

The police department shall, upon observing a violation of this article, issue a notice of violation to the property owner. The notice shall direct the property owner to remove or cause to be removed from their property the junked or abandoned motor vehicle(s), motorized equipment and/or vehicle parts as listed in the violation notice within 35 days of the date of the notice. The chief may, for cause shown, extend the time period not to exceed 120 days from the date of the original notice subject to submission of a plan of removal that is acceptable to the chief. The chief may grant an additional 120 days if removal is underway and substantially in compliance with the plan. Failure to remove the junked or abandoned motor vehicle(s), motorized equipment or vehicle parts as listed in the notice of violation within the prescribed time shall result in a citation or summons issued to the property owner.

Sec. 12-145. - Penalty for violation.#

The penalty for violation of this article shall be $15.00 per day from the issuance of a notice of violation until such time as the violation ceases to exist.

(Ord. of 7-28-2004, § 5)

Sec. 12-146. - Exclusions.#

Holders of junkyard licenses issued by the Town of Burrillville shall be excluded from the provisions of this article for the premises licensed as a junkyard.

(Ord. of 7-28-2004, § 6)