The text
Footnotes:
--- (2) --- Cross reference— Nuisances, Ch. 10; solid waste, Ch. 16; streets, sidewalks and other public places, Ch. 17; subdivisions, Ch. 18; traffic and motor vehicles, Ch. 20; zoning, App. A.
State Law reference— Automobile junkyards, G.L. 1956, § 5-21-3 et seq.
Sec. 15-51. - Declaration of policy.#
For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation and maintenance of automobile junkyards in areas adjacent to the public highways in this town. The town council finds and declares that junkyards which do not conform to the requirements of this article are public nuisances. It is not the intention of this article to prohibit an individual from maintaining on his own property an automobile which is in need of repair, with the bona fide intention of making needed repairs. Any unregistered and ungaraged vehicles maintained within the town and not otherwise subject to the terms of this article must be kept at least one hundred (100) feet from any public or private road where lot size permits, or must be hidden from view by fencing or natural objects. No vehicles which are partially stripped or cannibalized, or any associated components may be visible from any public or private road.
(Ch. 19, § 1, 3-3-69; Ch. 98, § 1, 8-1-88)
Sec. 15-52. - Definition.#
For the purposes of this article, the term "automobile junk-yard" shall mean any residence, establishment or place not exempted by section 15-53, where three (3) or more ungaraged and unregistered vehicles or their parts are gathered together.
(Ch. 19, § 2, 3-3-69; Ch. 98, § 2, 8-1-88)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 15-53. - Exemptions from article.#
(a)
Lawfully existing automobile service stations are exempt from this article to the extent that they maintain no more than ten (10) ungaraged and unregistered vehicles or their parts on their premises, provided however, that any vehicles which are partially stripped or cannibalized, or any associated components may not be visible from any public or private road.
(b)
Lawfully existing new or used auto dealerships are exempt from the provisions of this article to the extent that they maintain unregistered and ungaraged but fully serviceable automobiles for sale on their premises; provided, however, that any vehicles which are partially stripped or cannibalized, or any associated components may not be visible from any public or private road.
(Ch. 98, § 8, 8-1-88)
Sec. 15-54. - License required.#
No person shall maintain an automobile junkyard within the town without first obtaining a license from the town council.
(Ch. 19, § 3, 3-3-69)
Sec. 15-55. - Hearing, notice, on application for license; fee.#
Before granting a license for an automobile junkyard under the provisions of this article in any location not lawfully occupied for such purpose at the time of the application for license, the town council shall hold a public hearing, notice of which shall be posted at least seven (7) days but not more than fourteen (14) days prior to such hearing and in at least two (2) public places in the town in a newspaper of general circulation in the town; provided, however, that before the town council shall post or publish notice of a hearing, it shall collect from the applicant for such license, a fee of twenty-five dollars ($25.00) plus the cost of posting and publishing such notice.
(Ch. 19, § 4, 3-3-69)
Sec. 15-56. - Objection by adjacent landowners, occupants.#
No license shall be granted for an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupiers of the greater part of the land within two hundred (200) feet of such building or place shall file with the town council their objection to the granting of such license.
(Ch. 19, § 5, 3-3-69)
Sec. 15-57. - Location restricted.#
No license shall be granted for an automobile junkyard unless it is more than one thousand (1,000) feet from the nearest edge of any highway on the interstate or primary system, six hundred (600) feet from any other state highway, three hundred (300) feet from any public highway within the town and three hundred (300) feet from any park, bathing beach, playground, school, church or cemetery, and screened from view either by natural objects or well-constructed and properly maintained fences at least six (6) feet high, acceptable to the town council, nor shall any license be granted for an automobile junkyard unless the conditions provided by law set forth in G.L. 1956, § 5-21-1 et seq., with regard to location of the junkyard, are complied with.
(Ch. 19, § 6, 3-3-69)
Sec. 15-58. - License fee, term.#
The fee for an automobile junkyard license shall be one hundred dollars ($100.00) per year and a license issued under this article shall be good for one (1) year from date of issue. An application for renewal shall be subject to the provisions of this article.
(Ch. 19, § 7, 3-3-69)
Sec. 15-59. - Penalty.#
Any person violating any of the provisions of this article shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than seven (7) months. Each day a violation is permitted to exist shall be considered a separate offense.
(Ch. 19, § 8, 3-3-69; Ch. 98, § 3, 8-1-88)