ARTICLE V. - DISMANTLED OR ABANDONED VEHICLES

Sec. 11-141. - Findings; statement of fact.#

The presence of dismantled or abandoned vehicles on public or private property constitutes an attractive nuisance for children and endangers their safety; provides harborage for rats and other animals, constituting a menace to public health; creates a fire hazard; causes neighborhoods to become unsightly, resulting in the depreciation of property values; and if on town streets or public highways, creates a traffic hazard and endangers the public safety.

(Code 1970, § 11-101; Res. of 2-17-1987; Res. of 6-2-1987)

Sec. 11-142. - Permit for storage required.#

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, unserviceable, junked or abandoned vehicle or one legally or physically incapable of being operated, unless a permit for said storage has theretofore been obtained from the proper authority. A fee as shall be set from time to time by resolution of the town council shall be paid prior to the issuance of such permit.

(Code 1970, § 11-102; Res. of 2-17-1987; Res. of 6-2-1987; Ord. No. 2013-46, 10-1-2013)

Sec. 11-143. - Notice by police department or building official or designee; removal.#

(a)

Except as otherwise provided in this section, the police department or building official or designee may serve notice in writing upon the owner of any property located within the town to remove a dismantled, unserviceable, junked or abandoned vehicle from the property. A copy of the notice shall be attached to the vehicle. The owner of the vehicle shall remove the same within 48 hours after the notice has been received. Failure to remove the vehicle after the fifth day shall be a violation of this article.

(b)

If the owner of any aforesaid vehicle is also the owner, lessee or occupant of the premises, notice to remove as aforesaid shall be given by the police department or building official or designee by mailing or delivering a copy thereof to the premises and attaching a copy of the notice to the vehicle.

(c)

If said vehicle is on a town street or public highway, 24-hour notice as aforesaid to remove the same shall be given by the police department, provided that if said vehicle constitutes a present hazard or unduly obstructs traffic's ingress to or egress from private or public property, the same may be removed by said police department immediately without any prior notice. Notice of the removal shall be provided to the vehicle owner within 15 days of removal in the manner provided in G.L. 1956, § 31-42-3.

(d)

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

(Code 1970, § 11-103; Res. of 2-17-1987; Res. of 6-2-1987; Ord. No. 2003-6, 3-4-2003)

Sec. 11-144. - Removal to designated location.#

Upon failure to remove any aforesaid vehicle within the time limit stated herein, said owner, lessee, occupant of the premises or police department shall forthwith remove or cause the said vehicle to be removed from the premises to a location to be designated by the police department. Notice of removal shall be provided to the owner and lienholders, if any, in the manner provided in G.L. 1956, § 31-42-3.

(Code 1970, § 11-104; Res. of 2-17-1987; Res. of 6-2-1987)

Sec. 11-145. - Application required and payment of charges to regain possession.#

The owner of any vehicle so removed may regain possession thereof from said town or its agents by making application therefor within 30 days after its receipt by said town or its agents, upon paying to said town all reasonable costs of removal, which shall be repaid to the person who paid or incurred such charges, plus an additional charge of $15.00 per day or part thereof for the storage charge of said vehicle while in possession of said town or its agents.

(Code 1970, § 11-105; Res. of 2-17-1987; Res. of 6-2-1987)

Sec. 11-146. - Town may sell unclaimed vehicle.#

If no claim for said aforedescribed vehicle is made within 30 days after receipt thereof, said town may sell said vehicle at auction in the manner provided in G.L. 1956, § 31-42-4 for the best price obtainable as junk or otherwise, and the proceeds thereof shall be available to pay the reasonable charges of delivering the same to said town if a claim therefor is made by the person who paid said charges, the expense of keeping and disposing of said vehicle, and any balance shall be paid into the general fund.

(Code 1970, § 11-106; Res. of 2-17-1987; Res. of 6-2-1987)

Sec. 11-147. - No liability for loss or damage.#

Neither the owner, lessee or occupant of the premises from which any aforedescribed vehicle shall be removed, his servant or agent or the town shall be liable for any loss or damage to said vehicle while being removed, or while in the possession of said town, or as a result of any subsequent sale or other disposition.

(Code 1970, § 11-107; Res. of 2-17-1987; Res. of 6-2-1987)

Sec. 11-148. - 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:

Dismantled, unserviceable, junked or abandoned vehicle orvehicle legally or physically incapable of being operated means any motor vehicle for which there is not a validly issued registration, valid inspection sticker and insurance in effect, and shall be deemed to include major parts thereof, including bodies, engines, transmissions, rear ends, etc. The term "dismantled, unserviceable, junked or abandoned vehicle" shall not be deemed to include unregistered seasonal farm vehicles operated by the owner of said vehicles on his own property. The term "dismantled, unserviceable, junked or abandoned vehicle" shall not be deemed to include vehicles which are purchased for purposes of restoration which comply with the definition of antique vehicles as set out in G.L. 1956, § 31-1-3, and possess a valid antique registration.

Premises includes public or private property, town streets and public highways.

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

Vehicle legally or physically incapable of being operated includes one which has not been duly registered according to law or which lacks the equipment in good operating condition as required by law to enable it to be registered and/or receive a valid state inspection sticker.

(Code 1970, § 11-108; Res. of 2-17-1987; Res. of 6-2-1987; Ord. No. 2013-48, 11-19-2013)

Sec. 11-149. - Penalty for violation.#

Any person, firm or corporation which shall violate any provisions of this article or fail to comply therewith or with any of the requirements thereof shall be liable to a fine of not more than $500.00, and each day such violation shall be permitted to exist shall constitute a separate offense.

(Code 1970, § 11-109; Res. of 2-17-1987; Res. of 6-2-1987)

Sec. 11-150. - Procedure for permit issuance; restrictions; term.#

(a)

Temporary permits shall be issued by the police department in writing and without fee upon application by the owner of the vehicle or parts thereof prohibited by this article. Permits shall be valid for a period of three months. Permits shall be issued to the owner of a vehicle for:

(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 by persons repairing such vehicles for profit, such persons being presently permitted to conduct such business by town zoning regulations.

(b)

The police department may also issue permits in its discretion for reasons other than those specified in subsection (a) of this section upon written application by the property owner setting out the reasons such permit should be granted.

(c)

Permits issued under this article may be extended for additional three-month periods by the police department upon the showing of good cause by the owner of the vehicle.

(Code 1970, §§ 11-110, 11-112; Res. of 2-17-1987; Res. of 6-2-1987)

Sec. 11-151. - Appeals for declined permit.#

Appeals from the decision of the police department declining a request for a permit under the provisions of this article shall be submitted to the town council in writing within ten days of the declination of the permit by the police department.

(Code 1970, § 11-111; Res. of 2-17-1987; Res. of 6-2-1987)