[Ord. of 5-16-1990, § I]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All major parts of such vehicle, including but not limited
to bodies, engines, transmissions, rear ends, etc.
Public or private property and Town streets and public highways.
All property not described as public property located in
the Town, including but not limited to property owned by individuals,
corporations, partnerships, etc.
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.
Any vehicle 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.
[Ord. of 5-16-1990, § I(a); 4-18-2018 by Ord. No. 18-09B]
No person shall deposit, permit to be deposited, or keep 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 one of the below exceptions has been met:
(a)
The owner is engaged in any business requiring the use of unregistered
vehicles, and the vehicles are used in the business at the location
where they are kept; or
(b)
The owner is licensed at the location where the motor vehicles are
kept, to carry on the business of dealing in motor vehicles, the parts
thereof, repairing the motor vehicles or junking the motor vehicles;
or
(c)
The vehicles are stored in a garage or shed; or
(d)
The owner is an active-duty member of the military deployed outside
of the state; or
(e)
Permission to keep the vehicles has been obtained from the Chief
of Police.
[Ord. No. 5-16-1990, § I(b))]
(a)
The owner of any dismantled, junked or abandoned vehicle which is
located on private or public property or any vehicle legally or physically
incapable of being operated shall remove such vehicle within two days
after being ordered to do so in writing by the owner, lessee or occupant
of the premises where such vehicle shall be found. If the owner of
any such vehicle that is on private property is not known or cannot
be readily ascertained, notice to remove may be given by attaching
such notice to such vehicle. The police department upon request therefor
shall assist in ascertaining the name and address of the owner of
any such vehicle.
(b)
If the owner of any such vehicle that is located on private property
is also the owner, lessee or occupant of the premises, notice to remove
shall be given by the police department. If the owner does not comply
with removal of such vehicle, he shall be fined $100 for each violation.
(c)
If such vehicle is on a Town street or public highway, 48 hours'
notice to remove the vehicle shall be given by the police department;
provided, however, if such vehicle constitutes a present hazard or
unduly obstructs traffic ingress to or egress from private property
or public property, such vehicle may be removed by the police department
without any prior notice.
(d)
A vehicle that is not registered by the owner of such vehicle, whether
on public or private property, may be deemed to be abandoned.
[Ord. of 5-16-1990, § I(c)]
Upon failure to remove any dismantled, junked or abandoned vehicle or any vehicle legally or physically incapable of being operated within the time limit set forth in § 14-78, such owner, lessee or occupant of the premises or the police department shall forthwith remove or cause such vehicle to be removed from the premises to a location designated by the Town.
[Ord. of 5-16-1990, § I(d)]
The owner of any dismantled, junked or abandoned vehicle removed
from public or private property may gain possession of the vehicle
from the Town by making application within seven days after receipt
of notice of removal by the Town and upon paying a fee as established
from time to time by the Town Council for allowing the vehicle to
be parked in violation of this division.
[Ord. of 5-16-1990, § I(f)]
(a)
Any motor vehicle shall be deemed an abandoned vehicle and shall
be reported by the garagekeeper to the police department when the
vehicle is left:
(1)
For more than 10 days in a garage operated for commercial purposes
after notice by registered mail, return receipt requested, to the
owner to pick up the vehicle;
(2)
For more than 10 days after the period when, pursuant to contract,
the vehicle was to remain on the premises; or
(3)
For more than 10 days in such garage by someone other than the
registered owner or by a person authorized to have possession of the
motor vehicle.
(b)
Any garagekeeper who fails to report possession of such vehicle within
10 days after it becomes abandoned within the meaning of this division
shall no longer have any claim for storage of the vehicle.
(c)
All abandoned vehicles left in garages may be taken into custody
by the police department and sold in accordance with the procedures
set forth in this division unless the motor vehicle is reclaimed and
the garagekeeper is paid. The proceeds of the sale shall be first
applied to the garagekeeper's charges for storage, and any surplus
shall be distributed in accordance with G.L. 1956, § 31-42-4.
(d)
Except for the termination of claim for storage for failure to report
an abandoned motor vehicle, nothing in this section shall be construed
to impair any lien of a garagekeeper under the laws of the state or
the right of a lien holder to foreclose.
(e)
For the purpose of this section, garagekeeper means any operator
of a parking place establishment or motor vehicle storage facility.
[Ord. of 5-16-1990, § I(g)]
Neither the owner, lessee or occupant of the premises from which
any dismantled, junked or abandoned vehicle or one legally or physically
incapable of being operated shall be removed nor shall his servant
or agent or the Town be held liable for any loss or damage to such
vehicle while being removed, while in the possession of the Town or
as a result of any subsequent sale or other disposition.
[Ord. of 5-16-1990, §§ II,
III]
(a)
If the dismantled, junked or abandoned vehicle is located on private
property and the owner of the vehicle is also the owner of the private
property and he fails to comply with the notice to remove the vehicle,
the owner shall be fined $100 per violation. The police department
may not remove the vehicle from this private property.
[Ord. of 5-16-1990, § I(e)]
If no claim for any vehicle removed in accordance with this
division is made within three weeks after notice thereof is given,
the Town may sell such vehicle at public auction for the best price
obtainable as junk or otherwise, and the proceeds thereof shall be
available to pay the reasonable charges of storage and delivering
such vehicle to the Town.
