ARTICLE III. - JUNKED AND ABANDONED VEHICLES
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (3) --- State Law reference— Abandoned motor vehicles, G.L. 1956, § 31-42-1 et seq.
Sec. 18-48. - 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:
Abandoned motor vehicle means a motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than three days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three days.
Abandoned motor vehicle of no value means a motor vehicle that is inoperable and over ten years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than three days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three days and meets the following criteria: (1)
The vehicle has no evidence of current registration in or upon the vehicle;
(2)
The vehicle has a fair market value of $500.00 or less; and
(3)
The vehicle does not have a valid inspection sticker.
Motor vehicle means any vehicle which is self-propelled and designed to travel along the ground and shall include but not be limited to automobiles, busses, motorbikes, motorcycles, trucks, tractors, go-carts, golf carts, campers, boats and trailers.
Nonoperational motor vehicle means a motor vehicle which is left unattended on private property for more than three days, which does not have lawfully affixed thereto both an unexpired plate or plates and a current motor vehicle safety inspection certificate and the condition of which is wrecked, dismantled, partially dismantled or inoperative.
Private property means any real property within the city which is privately owned and which is not public property, as defined in this section.
Public property means any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and also any other publicly owned property or facility.
Vehicle survey report means a report printed in the form set forth in the General Laws of the state.
(Code 1994, § 18-36; Ord. of 12-14-1987(1); Ord. of 9-30-2002(1))
Sec. 18-49. - Dismantled, unservicable, junked and abandoned vehicles not permitted.#
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, junked or abandoned vehicle or one legally or physically incapable of being operated.
(Code 1994, § 18-37; Ord. of 12-14-1987(1), § A)
Sec. 18-50. - Storage of vehicles restricted; declaration of nuisance; exceptions.#
(a)
No person shall park, leave or permit the parking, storing or leaving of any motor vehicle of any kind which is abandoned or nonoperational upon any public or private property within the city for a period of time in excess of three days.
(b)
The presence of an abandoned or nonoperational vehicle or parts thereof on private or public property is hereby declared a nuisance which may be abated as such in accordance with the provisions of this article and those provisions of the General Laws of the state and relative to abandoned motor vehicles.
(c)
This section shall not apply to any vehicle: enclosed within a building on private property, to any vehicle held in connections with a business enterprise, lawfully licensed by the city and properly operated in the appropriate business zone pursuant to the zoning laws of the city, or to any motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways or any vehicle retained by the owner for antique collection purposes and registered for that purpose.
(Code 1994, § 18-38; Ord. of 9-30-2002(1))
Sec. 18-51. - Authority to take possession of abandoned and nonoperational motor vehicles.#
(a)
The police department or the department of code enforcement, upon completion of a vehicle survey report or upon receipt of an order of the municipal court, may take into custody any motor vehicle found abandoned or nonoperational on public or private property. In such connection, the police department or the department of code enforcement may employ its own personnel, equipment and facilities or authorize persons, equipment and facilities for the purpose of removing, preserving and storing abandoned motor vehicles.
(b)
It shall be unlawful for any person to interfere with, hinder or refuse to allow such person to enter private property for the purpose of removing a motor vehicle under the provisions of this chapter.
(Code 1994, § 18-39; Ord. of 9-30-2002(1))
Sec. 18-52. - Notice to remove summons to appear.#
(a)
Whenever it comes to the attention of the police department or the department of code enforcement that any abandoned motor vehicle or abandoned motor vehicle of no value is located on any property, public or private, in the city, or that a nonoperational motor vehicle is located on private property in the city without the consent of the property owner as defined in this chapter, the police department or the department of code enforcement shall post or attach to the vehicle, 48 hours prior to towing, a notification of abandoned or nonoperational vehicle indicating that the vehicle will be towed.
(b)
Summons to appear.
(1)
Whenever it comes to the attention of the police department or the department of code enforcement that any nonoperational motor vehicle as defined in this chapter exists on private property in the city with or without consent of the owner of said private property, a notice in writing shall be served upon the owner of the land where said motor vehicle is located and upon the vehicle's owner or last known owner notifying them of the existence of the violation and requesting its removal within three days. Said notice shall also include a summons to appear in the municipal court by certified mail or in person on a date certain, if the vehicle is not removed within the prescribed time.
(2)
The notice and summons to appear may be served by any sheriff, deputy sheriff, constable, police constable, city sergeant or police officer. It shall also constitute sufficient notice and service of process when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by certified mail to the owner of the vehicle, if known, or the owner of the property at his last known address.
(c)
Whenever it comes to the attention of the police department or the department of code enforcement that any abandoned motor vehicle, abandoned motor vehicle of no value or a nonoperational motor vehicle is located on any property, public or private, in the city, with or without the consent of the property owner, and said motor vehicle is leaking fuel or other harmful substance, or creates a substantial hazard which, if allowed to remain, is a detriment to the health, safety and welfare of the inhabitants of the city, the police department or the department of code enforcement shall immediately tow the motor vehicle in question without prior notification. However, the owner of said vehicle shall be entitled to a full and fair hearing in the municipal court within 14 days of the date that the owners and lienholders are given notice that the vehicle has been towed as set forth in this chapter.
(Code 1994, § 18-40; Ord. of 9-30-2002(1))
State Law reference— Notice on abandoned motor vehicles, G.L. 1956, § 31-42-2.
Sec. 18-53. - Garagekeepers and abandoned motor vehicles.#
Any motor vehicle left for more than ten days in a garage operated for commercial purposes after notice by registered mail, return receipt requested, to the owner to pick up the vehicle, or for more than ten days after the period when, pursuant to contract, the vehicle was to remain on the premises, and any motor vehicle left for more than ten days in such garage by someone other than the registered owner or left by a person authorized to have possession of the motor vehicle, shall be deemed an abandoned vehicle and shall be reported by the garagekeeper to the police department. Any garagekeeper who fails to report the possession of such a vehicle within ten days after it becomes abandoned within the meaning of this section shall no longer have any claim for storage of the vehicle. All abandoned vehicles left in garages may be taken into custody by the police department and sold in accordance with the procedures set forth in this division unless the motor vehicle is reclaimed and the garagekeeper is paid. The proceeds of the sale shall be first applied to the garagekeeper's charges for storage and any surplus proceeds shall be distributed in accordance with G.L. 1956, § 31-42-4. Except for the termination of claim for storage for failure to report an abandoned motor vehicle, nothing in this section shall be construed to impair any lien of a garagekeeper under the laws of the state, or the right of a lienholder to foreclose. For the purposes of this section, the term "garagekeeper" means any operator of a parking place establishment or motor vehicle storage facility.
(Code 1994, § 18-42; Ord. of 12-14-1987(1), § F)
State Law reference— Similar provisions, G.L. 1956, § 31-42-5.
Sec. 18-54. - Liability for loss or damage.#
Neither the owner, lessee or occupant of the premises from which any disabled, junked or abandoned vehicle or one legally or physically incapable of being operated shall be removed, nor shall his servant or agent or the city be liable for any loss or damage to such vehicle while being removed, while in the possession of the city, or as a result of any subsequent sale or other disposition.
(Code 1994, § 18-43; Ord. of 12-14-1987(1), § G)