Sec. 76-220. - Seizure or impoundment of vehicles owned by scofflaws.

(a)

Upon an order of the judge of the municipal court of the city, obtained in accordance with subsection (b) of this section, any police officer of the city shall have the authority to impound or seize any vehicle (or cause the same to be done), whether by towing or otherwise (such as by use of the Denver Boot, so-called), if five or more parking tickets or citations for violations of the traffic ordinances or regulations of the city have been issued against it and remain outstanding and delinquent for more than 15 days.

(b)

The procedure to be followed in the enforcement of subsection (a) of this section shall be as follows:

(1)

Prior to any such vehicle being ordered to be towed, seized or impounded, if the vehicle is registered in the state, and a registration is on file with the state, a notice of noncompliance and an order to respond to the municipal court to answer to the traffic violations shall be forwarded to the owner of record by registered or certified mail.

(2)

Such notice and order shall state that the registrant may appear before the municipal court at any session during the following 14 days and request a hearing as to whether the vehicle should be towed or seized and impounded for such violations.

(3)

If after 21 days from the date of mailing the notice or order the registrant fails to appear, the judge of the municipal court shall issue a written order to the city police department to tow (or seize, by use of the Denver Boot) and impound such vehicle.

(4)

Prior to any such vehicle being ordered towed or seized and impounded, if the vehicle is registered in a state other than Rhode Island, the notice of noncompliance and order to respond (as aforesaid) shall be mailed (by registered or certified mail) to the registrar of motor vehicles (supplying as much information as reasonably available) of the state in which such vehicle is registered. Such notice of noncompliance and order, and the procedure and consequences, shall be the same as for a Rhode Island registrant, and the registrant shall be given 21 days to appear before the municipal court and 28 days before the court order shall issue.

(5)

Upon such a vehicle being thus towed or seized and impounded, the city police department shall maintain a record of same, and upon inquiry by the registrant or other authorized person shall notify same that he/she may appear at the next regular session of the municipal court for the purpose of securing a hearing as to the towing and/or impoundment of the vehicle, and liability for any charges arising therefrom, and for arraignment on the outstanding violations; provided that the registrant (or other authorized person) may either pay the outstanding traffic or parking fines or deposit with the court sufficient security for the payment thereof in the event the same are duly contested.

(6)

Upon such a vehicle being thus duly towed and impounded in a convenient and safe place within the city, the charge as set forth by the towing service company shall be paid by the registrant of such vehicle, or other authorized person, firm or corporation designated by such registrant, before any such vehicle shall be released.

(7)

No vehicle thus towed and/or impounded under this section may be released by the city police department unless written notice has been issued to do so by the clerk of the municipal court.

(8)

No vehicle thus towed and impounded under this section shall be disposed of or sold by any person, company or organization having possession or custody of same, or by the police department, the city, or any of its agents, except by written order of the municipal court (or the clerk thereof) obtained pursuant to applicable state law, if any; and, if there be no applicable state law, then the following procedure shall govern and apply: If such property remains unclaimed in the possession of the municipal court or an officer or agent thereof or an authorized towing company or garage for one month and the owner thereof or his/her place of abode or business is unknown, or if the owner and his/her place of abode or business are known and the owner after receipt by registered mail of a written notice from the court or member to take possession of such property refuses or fails for a period of ten days following such receipt so to do, then the city may sell the same by public auction, notice of the time and place of sale, with a description of the property to be sold, first being given by publishing the same once in each of three successive weeks in a newspaper published in the city.

(Code 1971, § 22-201)