Sec. 18-410. - Penalty.

The penalty for a violation of this article, shall be forfeiture of the snowmobile or recreational off-road vehicle; or if the defendant does not own the vehicle and the owner did not know and could not reasonably have known that the vehicle would be used in violation of this article and it is the first time that a snowmobile or recreational off-road vehicle belonging to the owner has been found to be in violation of this article, a civil penalty of $500.00 in addition to any and all other fines and/or penalties associated with the illegal operation of such vehicle shall be imposed upon the operator and/or owner. The East Providence Police Department shall be empowered to seize and impound snowmobiles and recreational vehicles in order to enforce this article. (1)

Commencement of forfeiture proceeding and notice.

a.

The city solicitor shall bring an action for forfeiture by filing a complaint in the East Providence Municipal Court.

b.

The city solicitor shall give notice of the forfeiture proceeding by mailing a copy of the forfeiture complaint and a notice for hearing to each person whose right, title, or interest is of record in the division of motor vehicles or any other department or agency of the state, or in any other state or federal agency or department in which the property is required to be registered. Such person or persons are hereinafter referred to as the "owner."

c.

The owner of the property shall, within 30 days after the mailing of the complaint and notice, file a verified answer to the complaint. The owner shall also appear at the hearing on the action for forfeiture.

(2)

Forfeiture hearing.

a.

If the owner shall fail to appear at the forfeiture hearing, the court may enter an order of forfeiture by default.

b.

If the owner appears at the forfeiture hearing, the city solicitor shall show, by a preponderance of the evidence, that the property was used in violation of this article.

c.

If the city solicitor has not made the showing required in (2)b. of this section, the court shall order the property released to the owner.

d.

If the court finds that the city solicitor has made the required showing, the owner may offer evidence that the owner was not using the property at the time of the violation that the owner did not know, or have reason to know, that the property was used or possessed, or was to be used or possessed, in any manner that violates chapter 18, article XIII. For the purposes of this article, an owner shall be deemed to have knowledge of the provisions of chapter 18, article XIII.

e.

If the owner rebuts the city solicitor's showing, by a preponderance of the evidence then the complaint for forfeiture shall be denied and dismissed. The court will determine, based on the circumstances presented, whether the owner shall be responsible for any fines or costs.

f.

Where the city solicitor has made the required showing, and the owner has not rebutted that showing by a preponderance of the evidence, or where the court enters forfeiture by default, the court may order:

1.

That the property be destroyed by the agency which seized it or by some other municipal agency designated by the court; or

2.

That the property be delivered to and retained for use by the agency which seized it, or to some other municipal agency designated by the court; or

3.

That the property be sold at public auction by an agency designated by the court.

g.

Proceeds from sale at public auction, after payment of all reasonable charges and expenses for storage and public auction, shall be transferred to the city's general fund.

(Ch. 799, § I, 4-20-21)