[HISTORY: Adopted by the Town Council of
the Town of Barrington 8-14-1990 by 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:
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:
Said definition and the provisions hereof shall
exclude any and all vehicles stored within an enclosed garage located
on public or private property.
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.
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 or their 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:
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.
Any and all vehicles in the possession of such
individual, firm or corporation must be maintained and stored in an
orderly fashion.
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 weeks from the date
of acceptance of such vehicle.
Said definition and the provisions hereof shall exclude a maximum of one 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.
Includes property owned or otherwise legally or equitably
held by the Town of Barrington.
[Amended 4-12-1993 by Ord. No. 93-28]
A.
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.
B.
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
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.[1] Such permit shall expire within six months after the date
of its issuance. Upon the expiration of such permit, the owner may
apply for one 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 months from the date
of the issuance of such extension.
C.
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 their
designee of any vehicle which reasonably appears to be in violation
of this chapter:
A.
The Police Chief or their designee shall enter upon
the premises and determine the presence of a violation of this chapter.
B.
The Police Chief or their 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.
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
days of the notice. The notice will further indicate that, should
the vehicle not be removed within seven 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.
B.
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 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 days.
A.
The owner of any vehicle removed under the terms of
this chapter shall within seven 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.
B.
Failure to redeem a vehicle as provided within this
chapter shall be punishable by a fine in a sum of $100.
C.
If the owner of said vehicle does not redeem the vehicle within 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 their designee,
showing an accounting of vehicles towed, vehicles released and fees
collected.
