ARTICLE XIII. - JUNKED OR ABANDONED VEHICLES
Part of the Code of Ordinances of Warwick, RI.
The text
Footnotes:
--- (4) --- Cross reference— Junk dealers, ch. 32; traffic, ch. 76.
Sec. 26-381. - Definitions.#
For the purposes of this article, the following definitions shall apply:
Dismantled, junked or abandoned vehicles includes parts thereof, including bodies, engines, wheels, bumpers, tires, mufflers, transmissions, rear ends, etc. The term "dismantled, junked or abandoned vehicles" shall not be deemed to include unregistered seasonal farm vehicles operated by the owner of said vehicles on his/her own property, nor shall the term "dismantled, junked or abandoned vehicles" be deemed to include vehicles which are purchased for purposes of restoration and which comply with the definition of antique vehicles as set out in G.L. 1956, § 31-1-3.
Premises includes public or private property, city streets and public highways.
Public property includes 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.
Vehicles legally or physically incapable of being operated includes those which have not been duly registered according to law or which lack the equipment in good operating condition as required by law to enable them to be registered or which do not display a current state certificate of inspection pursuant to G.L. 1956, § 31-38-4, as amended, and the rules and regulations of the state department of transportation, or which do not display a current state inspection sticker pursuant to the laws, rules and regulations of the state in which they are registered.
(Code 1971, § 13-51)
Cross reference— Definitions generally, § 1-2.
Sec. 26-382. - Notice to remove vehicle on private property.#
(a)
The owner of any vehicle described in section 13-51 shall remove the same within seven days after being ordered so to do in writing by the police department, or the owner, lessee or occupant of the premises. Where said owner of the vehicle is not known or cannot readily be ascertained, notice to remove may be given by attaching such notice to said aforesaid vehicle. The police department upon request therefor shall assist in ascertaining the name and address of the owner of any such vehicle. This section shall not apply to vehicles stored, kept, deposited or abandoned on public property or upon city streets and public highways.
(b)
If the owner of any vehicle aforesaid is also the owner, lessee, or occupant of the premises, notice to remove as aforesaid shall be given by the police department.
(c)
An unregistered vehicle on premises not owned or occupied by the owner of said vehicle may be deemed to be abandoned.
(Code 1971, § 13-53)
Sec. 26-383. - Dismantled, junked or abandoned vehicles prohibited on public property.#
(a)
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open, upon public property, as defined in this article, or upon city streets and public highways, a dismantled, unserviceable, junked or abandoned vehicle, or one legally or physically incapable of being operated.
(b)
Any violation of this section shall be punishable as provided in section 1-4. Each day any violation shall continue shall constitute a separate offense.
(Code 1971, § 13-54)
Sec. 26-384. - Reserved.#
Editor's note— Ord. No. O-13-4, § I, adopted April 29, 2013, repealed the former section 26-384. The former section 26-384 pertained to removal of vehicle. See section 76-304 for similar provisions.
Sec. 26-385. - Exemption from liability for damage to removed vehicle.#
Neither the owner, lessee or occupant of the premises from which any vehicle shall be removed, his/her or its servant or agent, nor the city, shall be liable for any loss or damage to said vehicle while being removed, or while in the possession of the city, or as a result of any subsequent sale or other disposition.
(Code 1971, § 13-67)
Sec. 26-386. - License for open storage—Issuance; term.#
(a)
Licenses shall be issued through the building inspector or his/her delegate upon application by the owner of the vehicle. Licenses shall be valid for a period of 60 days. Licenses shall be issued to the owner of a vehicle or his/her agent which normally falls within the prohibitions of this article by the building inspector or his/her delegate, for any of the following purposes:
(1)
Vehicles in legal operating condition which are temporarily unregistered.
(2)
Unregistered vehicles in legal operating condition which are being stored on private property by persons serving in the military forces of the United States.
(3)
Vehicles stored on private property while they are in the process of being repaired by the owner thereof.
(b)
Said licenses shall be valid for a period of 60 days or a shorter period in the discretion of the building inspector, but may be extended for additional 60-day periods by the building inspector at his/her discretion upon the showing of good cause by the owner of said vehicle.
(Code 1971, § 13-68)
Sec. 26-387. - Same—Fee; discretionary authority of building inspector.#
Licenses shall be issued in writing and without fee for any of the causes listed in section 26-386 by the building inspector or his/her delegates, but he/she shall not be limited solely to the causes set out in section 26-386, and he/she shall be granted authority to issue licenses for other causes in his/her discretion. Licenses issued by the building inspector for causes other than those set out in section 26-386 shall be issued only upon written application by the owner of said vehicle setting out those causes excepting him/her from the prohibitions of this article.
(Code 1971, § 13-69)
Sec. 26-388. - Reserved.#
Editor's note— Ord. No. O-13-4, § I, adopted April 29, 2013, repealed the former section 26-388. The former section 26-388 pertained to same—appeal of denial. See section 76-312 for similar provisions.
Sec. 26-389. - Effect of article on section 26-266.#
Nothing in this article shall be construed in any way as revoking the provisions of section 26-266.
(Code 1971, § 13-71)