[HISTORY: Adopted by the Council of the City
of Pawtucket as indicated in article histories. Amendments noted where
applicable.]
[Approved 8-11-1977 by Ch. No. 1613]
For the purposes of this article, the following
words and phrases shall have the meanings respectfully ascribed to
them by this section:
Any establishment, garage or work area enclosed within a
building where repairs are made or caused to be made to motor vehicle
bodies, including fenders, bumpers and similar components of motor
vehicles' bodies as distinguished from the chassis, seats, motor,
transmission and other accessories for propulsion and general running
gear of motor vehicles.
Within one year of the date of passage of this
article, all auto body shops shall have erected a six-foot-high opaque
fence or wall on all lot lines abutting a residential property. It
shall further be the responsibility of the auto body shop to maintain
said fence in a condition so as to provide relief for abutting residential
property owners from the potential for personal injury associated
with unrestricted access to the auto body shop property and from the
noise and visual aspects of the auto body shop operation.
All used tires and parts, trash or similar objects
shall be stored in a fenced enclosure, located if possible in the
rear half (or in the case of corner sites, rear quarter) of the site.
All rubbish shall be stored in a clean and orderly manner and shall
be removed from the site at least once a month.
No auto body shop shall conduct business on
the property or adjacent premises as follows:
So as to minimize the overcrowding of City streets,
each auto body shop shall make every reasonable effort to provide
storage space on the auto body shop property for all vehicles which
must remain overnight.
[Amended 7-25-1996 by Ch. No. 2420]
Each auto body shop shall conform to the rules,
regulations and licensing procedures pertaining to auto body repair
shops as contained in Chapter 38 of Title 5 of the General Laws of
the State of Rhode Island.
[Amended 7-25-1996 by Ch. No. 2420; 5-24-2018 by Ch. No. 3160]
Any person, firm or corporation doing business
as an auto body shop who is found to be in violation of the provisions
of this article shall be guilty of a violation and shall, upon conviction,
be punished by a fine of not more than $500. Each day on which such
violation occurs shall be deemed a separate offense.
[Approved 12-10-1987 by Ch. No. 2008]
No person, firm or corporation may operate an
automobile repair shop without first obtaining a license from the
City Council.
For the purpose of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any establishment, garage or work area enclosed within a
building where repairs are made or caused to be made to motor vehicles,
including engines, carburetors, brakes, transmissions, muffler systems,
electrical systems and general running gear of motor vehicles exclusive
of auto body repairs; this definition shall include any new or used
automobile dealership.
[Amended 7-25-1996 by Ch. No. 2420]
[Added 10-20-1994 by Ch. No. 2370; amended 10-22-2009 by Ch. No.
2931; 11-7-2019 by Ch. No. 3205]
A.
The City Council of the City of Pawtucket, under the authority of
the Rhode Island General Laws, does hereby fix a maximum number of
automobile repair shop licenses in the City of Pawtucket at 60. Said
maximum does not include those licenses for any new or used automobile
dealership or for any establishment holding a secondhand shop license
for the sale of used automobiles.
B.
Notwithstanding the provisions of § 379-10A, the City Council may, in its discretion and upon a showing of sufficient evidence after a public hearing pursuant to this chapter, increase the maximum number of automobile repair shop licenses and grant the same to an applicant, who satisfies the following criteria:
(1)
The proposed licensed premises must be one that was previously used
and duly licensed for purposes of an automobile repair shop at any
time on or after April 25, 1989, and which may be used immediately
for said purpose without need of substantial renovation.
(2)
Any new license created pursuant to this subsection shall be granted
upon the condition that:
(a)
Said automobile repair shop license may be transferred to a new license holder at the same premises, but may be transferred to another premises only if it complies with the provisions of § 379-10B(1); and
(b)
Said license premises shall not be expanded beyond the set number
of bays presently existing and previously used at said licensed premises.
[Added 6-26-2003 by Ch. No. 2688; amended 10-22-2009 by Ch. No. 2931; 9-8-2011 by Ch. No. 2977; 11-7-2019 by Ch. No. 3205]
B.
This section does not preclude the transfer of existing license holders, either to a subsequent holder at the same location or the same license holder to a new location that complies with the provisions of § 379-10B(1).
All used engine parts, transmission parts, muffler
parts, tail gate parts and/or similar mechanical objects shall be
stored in a fenced enclosure located, if possible, in the rear half
of the site. All rubbish shall be stored in a clean and orderly manner
and shall be removed from the site a least once a month.
A.
No automobile repair shop shall do any repair work
on any vehicle of any type or description, including but not limited
to vehicles owned by the public at large, and vehicles owned privately
by owners or employees of automobile repair shops for profit (conduct
of business) or nonprofit (work done privately) on the property of
adjacent premises as follows:
A.
The City Council before granting a license under this
article to operate an automobile repair shop, in any location not
lawfully occupied for such purpose at the time of the application
for such license, shall hold a public hearing, notice of which shall
be given by advertisement published once a week for at least two weeks
prior to the meeting of the City Council where said license shall
be considered. Said advertisement shall be published in a local newspaper
published in the City where the applicant proposes to operate. Said
notice shall be given by the Office of the City Clerk, and the cost
thereof shall be borne by the applicant. Said notice shall state that
remonstrants are entitled to be heard before the granting of such
license and shall name the time and place of such hearing. Before
said City Council shall publish notice of a hearing, it shall collect
from the applicant the license fee, plus a filing fee of $85, plus
the cost of posting and publishing said notice.
[Amended 7-25-1996 by Ch. No. 2420; 2-6-1997 by Ch. No. 2441]
B.
The City Council before granting a license under this
article shall have caused notice of said application to be given,
by mail, to all owners of property whose property in whole or in part
shall fall within 200 feet of the property line of the place of business
seeking said application. The manner and method of notification of
property owners shall be done in accordance with rules and regulations
provided by the Office of the City Clerk. Said notice shall be given
by the Office of the City Clerk and shall state that remonstrants
are entitled to be heard before the granting of such license and shall
name the time and place of such hearing.
So as to minimize the overcrowding of City streets,
each automobile repair shop shall make every reasonable effort to
provide storage space on the automobile repair shop property for all
vehicles which must remain overnight.
[Amended 11-21-2007 by Ch. No. 2882]
Each automobile repair shop shall obtain a repair
shop license each year commencing on the first day of the month of
May.
[Amended 3-8-1990 by Ch. No. 2127]
No license shall be granted or renewed for a
motor vehicle repair business unless:
A.
It is located within a lawfully authorized zoning
district within the City;
B.
It is to be operated and maintained entirely within
a building for the repair of automobiles;
C.
The applicants and principals of applicant corporations
have no prior criminal record; and
D.
The licensed business is being operated or will operate
in a lawful manner and in conformity with all applicable federal,
state and municipal laws, statutes, ordinances and regulations.
[Amended 3-8-1990 by Ch. No. 2127]
The provisions of Subsections A, B and C of § 379-16 shall not apply to any person, partnership, corporation or motor vehicle repair establishments lawfully existing under all other applicable state and municipal laws and ordinances, but shall apply to all motor vehicle repair businesses established after April 25, 1989.
[Amended 7-25-1996 by Ch. No. 2420]
The cost of each automobile repair shop license
shall be $100.
[1]
Editor's Note: Former § 379-19,
License not transferable, was repealed 5-24-2007 by Ch. No. 2843.
[Amended 7-25-1996 by Ch. No. 2420; 5-24-2018 by Ch. No. 3160]
Any person, firm or corporation doing business
as an automobile repair shop who is found to be in violation of the
provisions of this article shall be guilty of a violation and shall,
upon conviction, be punished by a fine of not more than $500. Each
day on which such violation occurs shall be deemed a separate offense.
