No person, firm or corporation shall deposit,
store, keep or permit to be deposited, stored or kept, in the open,
on public or private property, a dismantled, unserviceable, junked
or worn-out vehicle (hereinafter "junk vehicle"), unless a license
for said storage has theretofore been obtained from the Town Council
or appropriate authority.
No person, firm or corporation shall operate
or permit to be maintained an automobile storage yard. For the purposes
of this chapter, an "automobile storage yard" is any lot or parcel
of land or contiguous lots or parcels of land under common ownership
utilized for the storage, keeping or placement of two or more motor
vehicles which are neither duly registered according to law, bear
a current safety inspection certificate, nor are licensed pursuant
to this chapter.
The owner of any junk vehicle shall remove same
within 48 hours after being ordered to do so by the Portsmouth Police
Department. If the owner is not known and cannot be readily ascertained,
notice to remove may be given by attaching such notice directly to
the vehicle. The owner of any parcel of land utilized as an automobile
storage yard shall remove said vehicles or otherwise cause said lot
to comply with this chapter within 48 hours after being ordered to
do so by the Portsmouth Police Department. If the owner of said land
cannot be identified and personally served with such notice, the notice
shall be mailed to the owner as listed on the records of the Tax Assessor
of the Town of Portsmouth at the address on file with that office.
If said junk vehicle is on a Town street or
public highway, such forty-eight-hour notice shall be given by the
Portsmouth Police Department; however, if said vehicle constitutes
a present hazard or unduly obstructs traffic or ingress or egress
to other public or private property, the Portsmouth Police Department
may cause the vehicle to be removed without any prior notice.
Upon failure to remove any vehicle or vehicles
within the time set forth herein, the owner, lessee or other occupant
of the premises or the Portsmouth Police Department shall forthwith
remove or cause to be removed said vehicle from the location cited
to a location provided for that purpose by the Town of Portsmouth.
The owner of any vehicle so removed may reclaim
possession thereof from the Town of Portsmouth by making application
therefor within 30 days after its receipt by the Town of Portsmouth
upon providing the Town proof of the availability of a lawful location
to store said vehicle or other lawful plan for disposition of said
vehicle and paying to the Town of Portsmouth all reasonable costs
of removal, which shall be repaid to the person who paid or incurred
such charges, plus additional reasonable charges for storage of said
vehicle while in the possession of the Town.
If no claim for said aforedescribed vehicle
is made within 30 days after receipt thereof, the Town may sell said
vehicle, and the proceeds thereof shall be available to pay the reasonable
costs of delivering same to the Town if a claim be made by the person
who paid such charges and the expense of keeping and disposing of
said vehicle. Any balance shall be paid into the Town general fund.
Neither the owner, lessee or occupant of the
premises from which any aforedescribed vehicle shall be removed (if
not the owner of the vehicle), his or her servants or agents or the
Town shall be liable for the loss or damage to any vehicle while being
removed or while in the possession of the Town under the provisions
hereof or as a result of any subsequent sale or other disposition.
The term "public property," as used herein,
shall include property owned by the Town or state, property acquired
by the Town of Portsmouth at tax sales and all streets and highways
within the Town, whether they are public highways or not.
This chapter shall not apply to the activities
of persons, firms or corporations licensed to operate junkyards, salvage
yards, auto body repair shops, automobile sales places or repair shops
in furtherance of said business and on the premises upon which said
business is conducted.
Nothing contained herein shall be construed
to limit the power of the Town to remove or dispose of abandoned motor
vehicles pursuant to Chapter 42 of Title 31 of the Rhode Island General
Laws.
Upon written application therefor, the Town Council may, for good cause shown, issue a license for the storage of a junk vehicle or operation of an automobile storage yard and, in issuing such licenses, may place such conditions thereon as it deems just and appropriate under the totality of the circumstances. Any license request for new applications will include a list of abutters. The abutters shall be notified by the Town Clerk's office using first-class mail, postage prepaid. The applicant is to supply the abutters list to the Town Clerk's office. Renewal licenses will not require notice to abutters. There shall be a nominal fee of $10 per initial license application and no fee for renewals. Violation of the conditions of any license shall be a violation subject to the same punishment as set forth in §
382-14 hereof. All said licenses shall be limited to a term of not more than one year.
Any person, firm or corporation in violation of this chapter shall be guilty of an offense punishable as provided in Chapter
1, Article
I, §
1-3, General penalty.