[HISTORY: Adopted by the Town Council of the Town of Barrington 8-14-1990 as Ord. No. 90-8. Amendments noted where applicable.]
RHODE ISLAND GENERAL LAWS (AS AMENDED)
Abandoned vehicles — See § 31-22-13.
[Amended 4-12-1993 by Ord. No. 93-28]
As used in this chapter, the following terms shall have the meanings indicated:
- DISMANTLED, JUNKED OR INOPERABLE VEHICLES
- All types of vehicles, including but not limited to automobiles and trucks, legally or physically incapable of being operated or which have not been duly registered according to law, or which do not have legal evidence of said lawful registration affixed thereto, or which lack to a substantial degree the equipment in good operating condition as required by law to enable them to be registered, and further shall be deemed to include major parts thereof including bodies, engines, transmissions, rear ends and the like. The following are exclusions to the definition for "dismantled, junked or inoperable vehicles" and the provisions of this chapter:
- A. Said definition and the provisions hereof shall exclude any and all vehicles stored within an enclosed garage located on public or private property.
- B. Said definition and the provisions hereof shall exclude any and all vehicles owned, used and/or in the possession of the Town of Barrington and any of its municipal departments.
- C. Said definition and the provisions hereof shall exclude any and all vehicles in the possession of any individual, firm or corporation which has in its, her or his possession a validly existing auto wrecking, salvage yard or towing license, pursuant to the provisions of Rhode Island General Laws only upon compliance with the following conditions:
- (1) Any and all vehicles in the possession of such individual, firm or corporation must be stored and maintained within a fenced-in area prohibiting the view of said vehicles by the public.
- (2) Any and all vehicles in the possession of such individual, firm or corporation must be maintained and stored in an orderly fashion.
- (3) Any and all vehicles in the possession of such individual, firm or corporation shall not be maintained or stored by such individual or entity for more than six (6) weeks from the date of acceptance of such vehicle.
- D. Said definition and the provisions hereof shall exclude a maximum of one (1) vehicle stored in the open for the purpose of repair and/or restoration, for which the owner thereof has properly obtained a storage permit for said vehicle as set forth in § 175-2 hereof.
- Includes public or private property.
- PUBLIC PROPERTY
- Includes property owned or otherwise legally or equitably held by the Town of Barrington.
[Amended 4-12-1993 by Ord. No. 93-28]
Storage permit. No person, firm or corporation shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property, pursuant to Subsection D of the definition of "dismantled, junked or inoperable vehicles" in § 175-1, a dismantled, junked or inoperable vehicle, unless the owner of such vehicle has obtained a permit, through the proper town authorities, for the storage of such vehicle as set forth in Subsection D of the definition of "dismantled, junked or inoperable vehicles" in § 175-1, herein.
The owner of such a vehicle fitting the description herein stated upon written application for a permit from the Police Department shall be allowed to maintain in the open a maximum of one (1) vehicle for the purpose of repair and/or restoration. A permit must be obtained for the vehicle so stored. The fee for such permit shall be set by the Town Council. Such permit shall expire within six (6) months after the date of its issuance. Upon the expiration of such permit, the owner may apply for one (1) extension of such permit, for which an additional fee, the amount of which shall be set by the Town Council, shall be charged. This extension may be granted in the discretion of the Police Department. The extension of such permit shall expire six (6) months from the date of the issuance of such extension.
The owner of such vehicle maintained for the purpose of repair and/or restoration must first obtain such storage permit, and such permit must be prominently displayed on such vehicle; otherwise, said vehicle and the owner thereof will be considered in violation of this chapter.
Upon observation by the Police Chief or his designee of any vehicle which reasonably appears to be in violation of this chapter:
The Police Chief or his designee shall enter upon the premises and determine the presence of a violation of this chapter.
The Police Chief or his designee shall determine the vehicle identification number of the vehicle and shall furnish that number to the appropriate authority or authorities for a determination as to whether or not the vehicle is stolen and for a determination as to the current registered owner, if any. A vehicle which is determined to be stolen shall be turned over to the custody of the Barrington Police Department.
A vehicle which is determined to be in violation of this chapter shall have affixed thereto a notice indicating the vehicle is in violation of this chapter and is to be removed within seven (7) days of the notice. The notice will further indicate that, should the vehicle not be removed within seven (7) days, it will be removed by the Police Department for the Town of Barrington, or an authorized agent thereof. The notice shall further indicate an opportunity for the owner to request a hearing before the Police Department or its designee, as so named by the Police Chief for the Town of Barrington, to protest the aforesaid determination of violation, which hearing shall be afforded prior to any further action taken under this chapter. The notice shall also indicate that the costs of removal shall be borne by the owner and that the vehicle may be redeemed by payment.
If a structure is located within or upon the premises at which the vehicle is located, a notice of similar content will be left at the structure. If the name and address of the current registered owner can be determined through a Police Department check, a notice of similar content shall be sent from the Police Department, by regular mail, postage prepaid, to the address of record of the owner.
If said vehicle is not removed within seven (7) days after notice is given to the owner, then the Police Department or its designee, through a licensed towing company, shall have the vehicle towed to the place of business and/or storage of the tow company. At that time, if a structure is located within or upon the premises at which the vehicle was located, a notice shall be left at that structure, substantially consistent with § 175-4 of this chapter. And if the name and address of the current registered owner has been determined, similar notice shall be sent by regular mail, postage prepaid, to that owner, both of which notices shall indicate the location at which the vehicle shall be redeemed within seven (7) days.
The owner of any vehicle removed under the terms of this chapter shall within seven (7) days after removal redeem said vehicle from the tow company authorized by the Police Department or its designee. The costs of said removal shall be calculated at a rate for transport and storage in accordance with tariffs on file with the Public Utilities Commission by said tow company, and other conduct of the licensed tow company shall be consistent with the rules and regulations of said Commission and other existing law.
Failure to redeem a vehicle as provided within this chapter shall be punishable by a fine in a sum of one hundred dollars ($100.).
If the owner of said vehicle does not redeem the vehicle within fourteen (14) days after the expiration of the seven-day period, as set forth in Subsection A herein, then the town may, in its discretion, sell the vehicle at public or private sale or take whatever other action it deems necessary and advisable to dispose of the vehicle.
Each authorized tow company shall file a monthly report with the Chief of the Police Department or his designee, showing an accounting of vehicles towed, vehicles released and fees collected.