ARTICLE II. - DISMANTLED, JUNKED AND ABANDONED VEHICLES

Footnotes:

--- (2) --- Cross reference— Junk and secondhand goods, § 8-191 et seq.; vehicles and traffic, ch. 18.

State Law reference— Abandoned vehicles, G.L. 1956, § 31-22-13; towing costs to be paid by owner, G.L. 1956, § 31-22-14; authority to take possession of abandoned motor vehicles, G.L. 1956, § 31-42-2; notification to owner and lienholders, G.L. 1956, § 31-42-3; auction of abandoned vehicles, G.L. 1956, § 31-42-4.

Sec. 10-26. - 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 five 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 five days.

Dismantled, junked or inoperable vehicles shall mean vehicles legally or physically incapable of being operated or which have not been duly registered according to law, or which do not have legal evidence of said lawful registration affixed thereto, or which lack to a substantial degree the equipment in good operating condition as required by laws to enable them to be registered, and further shall be deemed to include but not limited to all major parts thereof such as bodies, engines, transmissions, and rear ends.

Premises means public or private property, city streets and public highways.

Public property means property owned by the city or state, property acquired by the city at tax sales and all streets and highways within the city whether or not they are public highways.

Unlicensed junkyards means any establishment or premises which are used for the storing, keeping, or accumulation of one or more inoperable, worn out, junked, or discarded motor vehicles, or the storing, keeping, or accumulation of one or more abandoned vehicles and/or trailers within a 12-month period, which establishment or premises do not have a license as an auto wrecking and salvage yard.

(Rev. Ords. 1987, § 10-26; Ch. 203, § II, 5-7-02; Ch. 357, §§ I, II, 9-20-05)

Cross reference— Definitions generally, § 1-2.

Sec. 10-27. - License required for storage, keeping, etc.#

No person, firm or corporation shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, junked or inoperable vehicle, unless a license for such storage has theretofore been obtained from the proper authority.

(Rev. Ords. 1987, § 10-27; Ch. 357, § III, 9-20-05)

Sec. 10-28. - Vehicles abandoned in commercial garages.#

Any motor vehicle left for more than ten days in garages operated for commercial purposes after notice by registered mail, returned 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. 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 article 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 section 10-33. For the purpose of this section garagekeeper means any operator of a parking place establishment or motor vehicle storage facility.

(Rev. Ords. 1987, § 10-27.1)

Sec. 10-29. - Removal; notice to owner.#

(a)

The owner of any dismantled, junked or abandoned vehicle or one legally or physically incapable of being operated shall remove such vehicle within seven days after being ordered to do so in writing by the owner, lessee or occupant of the premises where such vehicle shall be found. If the owner of any such vehicle is not known or cannot readily be ascertained, notice to remove may be given by attaching such notice to the vehicle. The police department upon request therefor shall assist in ascertaining the name and address of the owner of any such vehicle.

(b)

If the owner of any such vehicle is also the owner, lessee or occupant of the premises, notice to remove as aforesaid shall be given by the police department.

(c)

If such vehicle is on a city street or public highway, 48-hour notice as aforesaid to remove such vehicle shall be given by the police department, provided that if such vehicle constitutes a present hazard or unduly obstructs traffic ingress to or egress from private or public property, such vehicle may be removed by the police department without any prior notice.

(d)

An unregistered vehicle on premises not owned or occupied by the owner of such vehicle may be deemed to be abandoned.

(Rev. Ords. 1987, § 10-28)

State Law reference— Notification to owner and lienholder required, G.L. 1956, § 31-42-3.

Sec. 10-30. - Failure to comply with notice to remove.#

Upon failure to remove any dismantled, junked or abandoned vehicle or one legally or physically incapable of being operated within the time limit set forth in this article, such owner, lessee or occupant of the premises or the police department shall forthwith remove or cause such vehicle to be removed from the premises to a location designated by the city.

A violation of the regulations contained in this article shall also be deemed to have been committed by any person who initially removes any abandoned vehicle after having been given notice according to this article to remove said vehicle, but who then returns the same vehicle to the same property, in the same or similar abandoned condition, within a 12-month period from the initial notice of removal.

(Rev. Ords. 1987, § 10-29; Ch. 203, § I, 5-7-02)

State Law reference— Authority to take possession of vehicle which is abandoned, G.L. 1956, § 31-42-2.

Sec. 10-31. - Repossession by owners after removal.#

The owner of any vehicle removed in accordance with this article may regain possession thereof from the city by making application therefor within one month after its receipt by the city and upon paying to the city all reasonable costs of removal, which shall be repaid to the person who paid or incurred such charges, plus an additional charge of $10.00 per day for storage charges of such vehicle while in possession of the city.

(Rev. Ords. 1987, § 10-30)

Sec. 10-32. - Disposition generally of unclaimed vehicles after removal.#

(a)

The police department which takes into custody an abandoned, or dismantled, junked or inoperable motor vehicle shall notify within 15 days thereof by registered mail, return receipt requested, the last known registered owner of the motor vehicle and all lienholders of record that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of the their rights to reclaim the motor vehicle within three weeks after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all lienholders of all right, title and interest in the vehicle and consent of the sale of the abandoned motor vehicle at a public auction.

(b)

If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner; or if it is impossible to determine with reasonable certainty the identity and address of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this section. Such notice by publication can contain multiple listings of abandoned vehicles. Any such notice shall be within the time requirements prescribed for notice by registered mail and shall have the same contents required for a notice by registered mail.

(c)

The consequences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid notice given pursuant to this section.

(Rev. Ords. 1987, § 10-31; Ch. 357, § IV, 9-20-05)

State Law reference— Auction of abandoned motor vehicle, G.L. 1956, § 31-42-4.

Sec. 10-33. - Auctions.#

(a)

If an abandoned motor vehicle has not been reclaimed as provided for in section 10-32, the police department shall sell the abandoned motor vehicle at a public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt and bill of sale from the police department and shall be entitled to register the purchased vehicle. The sales receipt at such a sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in such case no further registration of the vehicle shall be necessary.

(b)

From the proceeds of the sale of an abandoned motor vehicle the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notices and publication costs incurred pursuant to section 10-32. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days, and then shall be deposited in a special abandoned motor vehicle fund which shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs which result from placing other abandoned motor vehicles in custody, whenever the proceeds from a sale of such other abandoned motor vehicles are insufficient to meet these expenses and costs. Whenever the treasurer of the city finds the moneys in the abandoned motor vehicle fund are in excess of reserves likely to be needed for the purposes thereof he may transfer the excess to the general fund, but if due to claims against the abandoned motor vehicle fund the fund is temporarily exhausted claims shall be met from the general fund to the limit of any transfers previously made thereto pursuant to this section.

(Rev. Ords. 1987, § 10-31.1)

Sec. 10-34. - Liability for loss or damage after removal.#

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 have been removed his servant or agent or the city shall 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.

(Rev. Ords. 1987, § 10-32)

Sec. 10-35. - Penalty.#

The fine for leaving an abandoned, or dismantled, junked, or inoperable vehicle on public or private property in violation of the regulations contained in this article shall be $100.00.

(Rev. Ords. 1987, § 10-33; Ch. 357, § V, 9-20-05)

Sec. 10-36. - Subsequent offenses; penalty.#

For a second offense of this article, a person shall be subject to a fine of $250.00, and for a third and any subsequent offense, be subject to a fine of $500.00.

(Ch. 203, § I, 5-7-02)

Sec. 10-37. - Unlicensed junkyards; penalty.#

Any person who maintains an unlicensed junkyard, whether or not they are the owner of said premises, shall be subject to a fine of not more than $500.00.

(Ch. 203, § I, 5-7-02)

Secs. 10-38—10-50. - Reserved.#