City of Pawtucket, RI
Providence County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Pawtucket as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Business registration — See Ch. 158.
Vehicles on sidewalks — See Ch. 351, Art. III.
[Approved 8-11-1977 by Ch. No. 1613]

§ 379-1 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectfully ascribed to them by this section:
AUTO BODY SHOP
Any establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicles' bodies as distinguished from the chassis, seats, motor, transmission and other accessories for propulsion and general running gear of motor vehicles.

§ 379-2 Fencing.

Within one year of the date of passage of this article, all auto body shops shall have erected a six-foot-high opaque fence or wall on all lot lines abutting a residential property. It shall further be the responsibility of the auto body shop to maintain said fence in a condition so as to provide relief for abutting residential property owners from the potential for personal injury associated with unrestricted access to the auto body shop property and from the noise and visual aspects of the auto body shop operation.

§ 379-3 Storage of materials and trash.

All used tires and parts, trash or similar objects shall be stored in a fenced enclosure, located if possible in the rear half (or in the case of corner sites, rear quarter) of the site. All rubbish shall be stored in a clean and orderly manner and shall be removed from the site at least once a month.

§ 379-4 Hours of operation.

No auto body shop shall conduct business on the property or adjacent premises as follows:
A. 
In a residential zoning district, between the hours of 6:00 p.m. and 8:00 a.m. and at any time on Sundays.
B. 
In a commercial zoning district, between the hours of 9:00 p.m. and 7:00 a.m. and at any time on Sundays.

§ 379-5 Parking.

So as to minimize the overcrowding of City streets, each auto body shop shall make every reasonable effort to provide storage space on the auto body shop property for all vehicles which must remain overnight.

§ 379-6 Conformance with state regulations.

[Amended 7-25-1996 by Ch. No. 2420]
Each auto body shop shall conform to the rules, regulations and licensing procedures pertaining to auto body repair shops as contained in Chapter 38 of Title 5 of the General Laws of the State of Rhode Island.

§ 379-7 Violations and penalties.

[Amended 7-25-1996 by Ch. No. 2420]
Any person, firm or corporation doing business as an auto body shop who is found to be in violation of the provisions of this article shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Each day on which such violation occurs shall be deemed a separate offense.
[Approved 12-10-1987 by Ch. No. 2008]

§ 379-8 License required.

No person, firm or corporation may operate an automobile repair shop without first obtaining a license from the City Council.

§ 379-9 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AUTOMOBILE REPAIR SHOPS
Any establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicles, including engines, carburetors, brakes, transmissions, muffler systems, electrical systems and general running gear of motor vehicles exclusive of auto body repairs; this definition shall include any new or used automobile dealership.
[Amended 7-25-1996 by Ch. No. 2420]

§ 379-10 Maximum number of licenses.

[Added 10-20-1994 by Ch. No. 3370; amended 10-22-2009 by Ch. No. 2931]
The City Council of the City of Pawtucket, under the authority of the Rhode Island General Laws, does hereby fix a maximum number of automobile repair shop licenses in the City of Pawtucket at 58. Said maximum does not include those licenses for any new or used automobile dealership or for any establishment holding a secondhand shop license for the sale of used automobiles.

§ 379-10.1 Limitations on number of licenses; transfer.

[Added 6-26-2003 by Ch. No. 2688; amended 10-22-2009 by Ch. No. 2931; 9-8-2011 by Ch. No. 2977]
A. 
No new applications for vehicle repair shop licenses shall be considered upon reaching the cap as set in § 379-10.
B. 
This section does not preclude the transfer of existing license holders, either to a subsequent holder at the same location or the same license holder to a new location.

§ 379-11 Storage of materials and trash.

All used engine parts, transmission parts, muffler parts, tail gate parts and/or similar mechanical objects shall be stored in a fenced enclosure located, if possible, in the rear half of the site. All rubbish shall be stored in a clean and orderly manner and shall be removed from the site a least once a month.

§ 379-12 Hours of operation.

A. 
No automobile repair shop shall do any repair work on any vehicle of any type or description, including but not limited to vehicles owned by the public at large, and vehicles owned privately by owners or employees of automobile repair shops for profit (conduct of business) or nonprofit (work done privately) on the property of adjacent premises as follows:
(1) 
In a residential zoning district, between the hours of 6:00 p.m. and 8:00 a.m.
(2) 
In a commercial and/or manufacturing zoning district, between the hours of 9:00 p.m. and 7:00 a.m.
B. 
Additional hours may be requested by separate application to the City Clerk subject to the following reasons:
(1) 
Hardship.
(2) 
Need.

§ 379-13 Hearing and objections by neighboring property owners.

A. 
The City Council before granting a license under this article to operate an automobile repair shop, in any location not lawfully occupied for such purpose at the time of the application for such license, shall hold a public hearing, notice of which shall be given by advertisement published once a week for at least two weeks prior to the meeting of the City Council where said license shall be considered. Said advertisement shall be published in a local newspaper published in the City where the applicant proposes to operate. Said notice shall be given by the Office of the City Clerk, and the cost thereof shall be borne by the applicant. Said notice shall state that remonstrants are entitled to be heard before the granting of such license and shall name the time and place of such hearing. Before said City Council shall publish notice of a hearing, it shall collect from the applicant the license fee, plus a filing fee of $85, plus the cost of posting and publishing said notice.
[Amended 7-25-1996 by Ch. No. 2420; 2-6-1997 by Ch. No. 2441]
B. 
The City Council before granting a license under this article shall have caused notice of said application to be given, by mail, to all owners of property whose property in whole or in part shall fall within 200 feet of the property line of the place of business seeking said application. The manner and method of notification of property owners shall be done in accordance with rules and regulations provided by the Office of the City Clerk. Said notice shall be given by the Office of the City Clerk and shall state that remonstrants are entitled to be heard before the granting of such license and shall name the time and place of such hearing.
C. 
Subsections A and B shall not apply to any establishment or business presently in existence, but shall apply to all new establishments and businesses open after the effective date of this article.

§ 379-14 Parking.

So as to minimize the overcrowding of City streets, each automobile repair shop shall make every reasonable effort to provide storage space on the automobile repair shop property for all vehicles which must remain overnight.

§ 379-15 When license to be obtained.

[Amended 11-21-2007 by Ch. No. 2882]
Each automobile repair shop shall obtain a repair shop license each year commencing on the first day of the month of May.

§ 379-16 Conditions of licensing.

[Amended 3-8-1990 by Ch. No. 2127]
No license shall be granted or renewed for a motor vehicle repair business unless:
A. 
It is located within a lawfully authorized zoning district within the City;
B. 
It is to be operated and maintained entirely within a building for the repair of automobiles;
C. 
The applicants and principals of applicant corporations have no prior criminal record; and
D. 
The licensed business is being operated or will operate in a lawful manner and in conformity with all applicable federal, state and municipal laws, statutes, ordinances and regulations.

§ 379-17 Existing motor vehicle repair businesses.

[Amended 3-8-1990 by Ch. No. 2127]
The provisions of Subsections A, B and C of § 379-16 shall not apply to any person, partnership, corporation or motor vehicle repair establishments lawfully existing under all other applicable state and municipal laws and ordinances, but shall apply to all motor vehicle repair businesses established after April 25, 1989.

§ 379-18 Fees.

[Amended 7-25-1996 by Ch. No. 2420]
The cost of each automobile repair shop license shall be $100.

§ 379-19 (Reserved) [1]

[1]
Editor's Note: Former § 379-19, License not transferable, was repealed 5-24-2007 by Ch. No. 2843.

§ 379-20 Violations and penalties.

[Amended 7-25-1996 by Ch. No. 2420]
Any person, firm or corporation doing business as an automobile repair shop who is found to be in violation of the provisions of this article shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Each day on which such violation occurs shall be deemed a separate offense.