[HISTORY: Adopted by the Council of the City of Pawtucket, approved 4-11-1996
by Ch. No. 2411; amended in its entirety, approved 5-21-1998
by Ch. No. 2492. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Abandoned, Nonoperational
and Motor Vehicle Ordinance."
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein.
As defined in the General Laws of the State of Rhode Island, a motor
vehicle that is inoperable and over eight years old and is left unattended
on public property for more than 48 hours, or a motor vehicle that has remained
illegally on public property for a period of more than three days, or a motor
vehicle that has remained on private property without the consent of the owner
or person in control of the property for more than three days.
As defined in the General Laws of the State of Rhode Island, a motor
vehicle that is inoperable and over 10 years old and is left unattended on
public property for more than 48 hours, or a motor vehicle that has remained
illegally on public property for a period of more than three days, or a motor
vehicle that has remained on private property without the consent of the owner
or person in control of the property for more than three days and meets the
following criteria:
Any vehicle which is self-propelled and designed to travel along
the ground and shall include but not be limited to automobiles, buses, motorbikes,
motorcycles, trucks, tractors, go-carts, golf carts, campers, boats and trailers.
A motor vehicle which is left unattended on private property for
more than three days, which does not have lawfully affixed thereto both an
unexpired license plate or plates and a current motor vehicle safety inspection
certificate and the condition of which is wrecked, dismantled, partially dismantled
or inoperative.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any real property within the city which is privately owned and which
is not public property, as defined in this section.
Any street or highway which shall include the entire width between
the boundary lines of every way publicly maintained for the purposes of vehicular
travel and also any other publicly owned property or facility.
A report printed in the form set forth in the General Laws of the
State of Rhode Island.
A.
No person shall park, store, leave or permit the parking,
storing or leaving of any motor vehicle of any kind which is abandoned or
nonoperational upon any public or private property within the city for a period
of time in excess of three days.
B.
The presence of an abandoned or nonoperational vehicle
or parts thereof on private or public property is hereby declared a public
nuisance which may be abated as such in accordance with the provisions of
this chapter and those provisions of the General Laws of the State of Rhode
Island relative to abandoned motor vehicles.
C.
This section shall not apply to any vehicle enclosed
within a building on private property, to any vehicle held in connection with
a business enterprise, lawfully licensed by the city and properly operated
in the appropriate business zone pursuant to the zoning laws of the city,
or to any motor vehicle in operable condition specifically adopted or designed
for operation on drag strips or raceways or any vehicle retained by the owner
for antique collection purposes and registered for that purpose.
A.
The Police Department or the Division of Zoning and Code
Enforcement, upon completion of a vehicle survey report or, if required, upon
receipt of an order of the Municipal Court, may take into custody any motor
vehicle found abandoned or nonoperational on public or private property. In
such connection, the Police Department or the Division of Zoning and Code
Enforcement may employ its own personnel, equipment and facilities or authorize
persons, equipment and facilities for the purpose of removing, preserving
and storing abandoned motor vehicles.
B.
It shall be unlawful for any person to interfere with,
hinder or refuse to allow such person or persons to enter upon private property
for the purpose of removing a motor vehicle under the provisions of this chapter.
A.
Whenever it comes to the attention of the Police Department or the Division of Zoning and Code Enforcement that any abandoned motor vehicle or abandoned motor vehicle of no value is located on any property, public or private, in the City of Pawtucket, or a nonoperational motor vehicle is located on private property in the City of Pawtucket without the consent of the property owner as defined in § 383-2 of this chapter, the Police Department or the Division of Zoning and Code Enforcement shall post or attach to the vehicle 48 hours prior to towing, a notification of an abandoned or nonoperational vehicle indicating that the vehicle will be towed.
B.
Summons to appear.
(1)
Whenever it comes to the attention of the Police Department or the Division of Zoning and Code Enforcement that any nonoperational motor vehicle as defined in § 383-2 of this chapter exists on private property in the City of Pawtucket with the consent of the owner of said private property, a notice in writing shall be served upon the owner of the land where said motor vehicle is located and upon the vehicle's owner or last known owner notifying them of the existence of the violation and requesting its removal within three days. Said notice shall also include a summons to appear in the Pawtucket Municipal Court, on a date certain, if the vehicle is not removed within the prescribed time.
(2)
The notice and summons to appear may be served by any
sheriff, deputy sheriff, constable, police constable or the Pawtucket city
sergeant. It shall also constitute sufficient notice and service of process
when a copy of the same is posted in a conspicuous place upon the private
property on which the vehicle is located and duplicate copies are sent by
certified mail to the owner of the vehicle, if known, or the owner of the
property at his or her last known address.
C.
Whenever it comes to the attention of the Police Department or the Division of Zoning and Code Enforcement that any abandoned motor vehicle, abandoned motor vehicle of no value or a nonoperational motor vehicle is located on any property, public or private, in the city, with or without the consent of the property owner, and said motor vehicle is leaking fuel or other harmful substance, or creates a substantial hazard which, if allowed to remain, is a detriment to the health, safety and welfare of the inhabitants of the city, the Police Department or the Division of Zoning and Code Enforcement shall immediately tow the motor vehicle in question without prior notification. However, the owner of said vehicle shall be entitled to a full and fair hearing in the Pawtucket Municipal Court within 14 days of the date that the owners and lienholders are given notice that the vehicle has been towed as set forth in § 383-6 of this chapter.
The notice to remove, as set forth in § 383-4A and B, shall contain the request for removal within the time specified in § 383-5 of this chapter. The notice shall also set forth the consequences and effect of failure to reclaim an abandoned or nonoperational motor vehicle and shall further state that if the abandoned or nonoperational motor vehicle is not removed within the time specified, the city or its designee shall undertake such removal with the cost of removal to be levied against the owner of the vehicle if known or, if unknown, the owner of the private property.
A.
A Police Department which takes into custody an abandoned
or nonoperational motor vehicle shall notify, within 15 days thereof, by registered
mail, return receipt requested, the last known registered owner of the motor
vehicle and all lienholders of record that the vehicle has been taken into
custody. The notice shall describe the year, make, model and serial number
of the abandoned or nonoperational motor vehicle; set forth the location of
the facility where the motor vehicle is being held; inform the owner and any
lienholders of their right to reclaim the motor vehicle within three weeks
after the date of the notice upon payment of all towing, preservation and
storage charges resulting from placing the vehicle in custody; and state that
the failure of the owner or lienholders to exercise their right to reclaim
the vehicle within the time provided shall be deemed a waiver by the owner
and all lienholders of all right, title and interest in the vehicle and consent
to the sale of the abandoned motor vehicle at a public auction.
B.
If the identity of the last registered owner cannot be
determined or if the registration contains no address for the owner or if
it is impossible to determine with reasonable certainty the identity and addresses
of all lienholders, notice by one publication in one newspaper of general
circulation in the area where the motor vehicle was abandoned shall be sufficient
to meet all requirements of notice pursuant to this chapter. The notice by
publication can contain multiple listings of abandoned or nonoperational motor
vehicles. The notice shall be within the time requirements prescribed for
notice by registered mail and shall have the same contents required for a
notice by registered mail.
C.
The consequences and effect of failure to reclaim an
abandoned or nonoperational motor vehicle shall be as set forth in a valid
notice given pursuant to this section.
If an abandoned or nonoperational motor vehicle has not been reclaimed as provided for in § 383-6, the Police Department shall sell the abandoned or nonoperational motor vehicle at a public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt and bill of sale from the Police Department and shall be entitled to register the purchased vehicle. The sales receipt at a sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling, and, in such case, no further registration of the vehicle shall be necessary. From the proceeds of the sale of an abandoned or nonoperational motor vehicle, the Police Department shall reimburse itself for the expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the abandoned or nonoperational motor vehicle in custody and all notices and publication costs incurred pursuant to § 383-6. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special abandoned motor vehicle fund which shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs which result from placing other abandoned or nonoperational vehicles in custody, whenever the proceeds from a sale of the other abandoned motor vehicles are insufficient to meet these expenses and costs. Whenever the Finance Director finds that moneys in the abandoned motor vehicle fund are in excess of reserves likely to be needed for the purposes thereof, he or she may transfer the excess to the general fund, but, in such event, claims against the abandoned motor vehicle fund, if the abandoned motor vehicle fund is temporarily exhausted, shall be met from the general fund to the limit of any transfers previously made thereto pursuant to this section.
The owner of any vehicle seized under the provisions of this chapter
may redeem such vehicle at the time after its removal but prior to the sale
or destruction thereof upon proof of ownership and payment to the city of
such sum as may be determined and fixed for the actual and reasonable expense
of removal and any preliminary sale advertising expenses, plus all storage
costs incurred for each vehicle redeemed.
Any person who violates the provisions of this chapter regarding abandoned
motor vehicles on private property shall be fined not more than $500. In addition,
the violator shall be responsible for all costs relating to the approval and
disposal of said abandoned motor vehicle paid by the private property owner
or the city.
