[HISTORY: Adopted by the Town Council of
the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 12-131 to 12-135
of the 1993 Code. Amendments noted where applicable.]
STATE LAW REFERENCES
Towing Storage Act — See R.I.G.L.
§ 39-12.1-1 et seq.
A.
A police officer is authorized to impound and remove
a vehicle and its contents from a street or other public area under
any of the circumstances enumerated in this section:
(1)
When a vehicle upon a street is so disabled as to
constitute an obstruction to traffic and the person in charge of the
vehicle is, by reason of physical injury or otherwise, incapacitated
to such an extent as to be unable to provide for its custody or removal;
(2)
When any vehicle is left unattended upon a street
or other public area and is so parked or placed illegally as to constitute
a hazard or obstruction to the normal movement of traffic or to the
full use or access to that area or to any fire hydrant or other emergency
apparatus by authorized emergency vehicles or personnel;
(3)
When any vehicle which has been involved in two or
more violations of this chapter for which citation tags have been
issued and not presented as required is parked in violation of any
provision of this chapter;
(4)
When any vehicle has been parked longer than 48 hours
in any Town-owned or -controlled parking area;
(5)
When any vehicle has been parked or placed in front
of a public or private driveway so as to obstruct or interfere with
the proper use thereof;
(6)
When any vehicle is impeding or is likely to impede
the normal flow of vehicular or pedestrian traffic; or
(7)
When any vehicle is creating an unsafe condition.
B.
The Town may contract the services of one or more
competent towing service firms for the removal and storage of motor
vehicles taken into custody of the Town for any reason. Such contract
shall provide for a schedule of maximum charges for towing, storage
and related expenses of impounding vehicles and their contents.
C.
Impounded vehicles and their contents shall be delivered
back to the owner or other authorized person only after all fees,
costs and charges for towing, hauling, storage and notice have been
paid to the Town and a receipt issued therefor; or, in the event towing
and storage services are provided by contract with the Town, upon
the direction of the Police Department, after payment of all of the
fees, costs and charges that are due.
A.
Not later than 48 hours after a vehicle and its contents
have been impounded by the Town, excluding holidays and weekends,
the Police Department shall cause a notice to be given to the owner
of record of such vehicle as indicated in the motor vehicle records
of the State of Rhode Island Division of Motor Vehicles or the corresponding
agency of any other state. Notice shall also be given to any lien
holder of record as indicated on the motor vehicle records. The notice
shall describe the vehicle and its contents, give the date the vehicle
was impounded, state the grounds for impoundment, the location of
the place of impoundment, and state that, unless the vehicle is redeemed
within 30 days after the date of notice, the vehicle and its contents
will be sold or otherwise disposed of as provided by law. The notice
shall also state that, if requested within five days after the date
of the notice, a hearing will be conducted to review the impoundment
of the vehicle. The right to a hearing shall be deemed waived if not
timely requested. Any hearing under this section shall be conducted
in the manner provided hereafter.[1]
B.
The notice referred to in Subsection A of this section shall be given either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at his address as shown on the motor vehicle records. Notice by personal delivery shall be complete upon delivery, and notice by mail shall be deemed complete upon the return of the receipt or upon return of the notice as undeliverable, refused or unclaimed. Proof of the giving of notice in either manner may be made by affidavit of the person giving notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place and manner of giving notice. No notice shall be required if the vehicle is redeemed within 48 hours of the impoundment.
C.
Vehicles impounded by the Town shall be redeemed only
by the registered owner, a person authorized by the registered owner,
a person entitled to possession, or one who has purchased the vehicle
from the registered owner, who produces proof of ownership, authorization
or entitlement and signs a receipt therefor.
A.
Upon written request of the legal owner or the person
entitled to possession of the vehicle delivered to the Town Clerk,
an administrative hearing shall be held before a hearing officer.
The hearing officer shall conduct the hearing in an informal manner
and shall not be bound by technical rules of evidence. The hearing
shall be set and conducted within five regular business days of the
receipt of the request, holidays, Saturdays and Sundays not included.
The hearing can be set for a later date if the owner or person entitled
to possession so requests. At the hearing, the following may be contested:
B.
The Town shall have the burden of showing there was
probable cause to impound the vehicle.
C.
At any time prior to the requested hearing, the owner
or the person entitled to possession of the vehicle may regain possession
of the vehicle by posting with the Town security in the form of cash
in an amount sufficient to cover costs of removing and storage.
D.
If the hearing officer finds that:
(1)
The action of the Town in taking the vehicle into
custody was proper, then the hearing officer shall enter an order
supporting the removal and ordering the costs of removal and storage
to be paid before redemption of the vehicle.
(2)
The action of the law enforcement officer in taking
the vehicle into custody was invalid, then the hearing officer shall:
(a)
Order the vehicle released to the owner;
(b)
Find that the owner is not liable for any towing
or storage charges occasioned by the taking; and
(c)
Order the Town to satisfy the towing and storage
lien. If the owner or person entitled to possession of the vehicle
does not redeem it promptly, then any subsequent charges shall be
paid by the owner or person entitled to possession.
(3)
The creation and amount of the towing and storage
lien is correct, the hearing officer shall order the lien satisfied
before release of the vehicle.
(4)
The creation and amount of the towing and storage
lien is not correct, the hearing officer shall correct the amount
of the lien and order the corrected lien satisfied before release
of the vehicle.
E.
If the person requesting the hearing does not appear
at the scheduled hearing, then the hearing officer may enter an order
supporting the removal and assessment of towing and storage costs
and apply any security posted against such costs.
F.
The action of the hearing officer pursuant to this
section is final.
Two hearing officers shall be designated by
the Town Manager. The hearing officers shall be persons other than
the person who directed the impounding and storage of the vehicle.
The issues before the hearing officers shall be whether there was
probable cause to impound the vehicle in question and the creation
and amount of the lien attached to the vehicle. "Probable cause to
impound" shall mean such a state of facts as would lead a person of
ordinary care and prudence to believe that there was sufficient breach
of local, state or federal law to grant legal authority for the removal
of the vehicle.
The Town Manager shall also designate an alternate
hearing officer who will serve in the place of any hearing officer
who is unable to serve in that capacity.
