This chapter shall be known and may be cited as the "Abandoned, Nonoperational
and Motor Vehicle Ordinance."
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein.
ABANDONED MOTOR VEHICLE
As defined in the General Laws of the State of Rhode Island, a motor
vehicle that is inoperable and over eight years old and is left unattended
on public property for more than 48 hours, or a motor vehicle that has remained
illegally on public property for a period of more than three days, or a motor
vehicle that has remained on private property without the consent of the owner
or person in control of the property for more than three days.
ABANDONED MOTOR VEHICLE OF NO VALUE
As defined in the General Laws of the State of Rhode Island, a motor
vehicle that is inoperable and over 10 years old and is left unattended on
public property for more than 48 hours, or a motor vehicle that has remained
illegally on public property for a period of more than three days, or a motor
vehicle that has remained on private property without the consent of the owner
or person in control of the property for more than three days and meets the
following criteria:
A.
The vehicle has no evidence of current registration in or upon the vehicle;
B.
The vehicle has a fair market value of $500 or less; and
C.
The vehicle does not have a valid inspection sticker.
MOTOR VEHICLE
Any vehicle which is self-propelled and designed to travel along
the ground and shall include but not be limited to automobiles, buses, motorbikes,
motorcycles, trucks, tractors, go-carts, golf carts, campers, boats and trailers.
NONOPERATIONAL MOTOR VEHICLE
A motor vehicle which is left unattended on private property for
more than three days, which does not have lawfully affixed thereto both an
unexpired license plate or plates and a current motor vehicle safety inspection
certificate and the condition of which is wrecked, dismantled, partially dismantled
or inoperative.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
PRIVATE PROPERTY
Any real property within the city which is privately owned and which
is not public property, as defined in this section.
PUBLIC PROPERTY
Any street or highway which shall include the entire width between
the boundary lines of every way publicly maintained for the purposes of vehicular
travel and also any other publicly owned property or facility.
VEHICLE SURVEY REPORT
A report printed in the form set forth in the General Laws of the
State of Rhode Island.
The notice to remove, as set forth in §
383-4A and
B, shall contain the request for removal within the time specified in §
383-5 of this chapter. The notice shall also set forth the consequences and effect of failure to reclaim an abandoned or nonoperational motor vehicle and shall further state that if the abandoned or nonoperational motor vehicle is not removed within the time specified, the city or its designee shall undertake such removal with the cost of removal to be levied against the owner of the vehicle if known or, if unknown, the owner of the private property.
If an abandoned or nonoperational motor vehicle has not been reclaimed as provided for in §
383-6, the Police Department shall sell the abandoned or nonoperational motor vehicle at a public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt and bill of sale from the Police Department and shall be entitled to register the purchased vehicle. The sales receipt at a sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling, and, in such case, no further registration of the vehicle shall be necessary. From the proceeds of the sale of an abandoned or nonoperational motor vehicle, the Police Department shall reimburse itself for the expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the abandoned or nonoperational motor vehicle in custody and all notices and publication costs incurred pursuant to §
383-6. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special abandoned motor vehicle fund which shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs which result from placing other abandoned or nonoperational vehicles in custody, whenever the proceeds from a sale of the other abandoned motor vehicles are insufficient to meet these expenses and costs. Whenever the Finance Director finds that moneys in the abandoned motor vehicle fund are in excess of reserves likely to be needed for the purposes thereof, he or she may transfer the excess to the general fund, but, in such event, claims against the abandoned motor vehicle fund, if the abandoned motor vehicle fund is temporarily exhausted, shall be met from the general fund to the limit of any transfers previously made thereto pursuant to this section.
The owner of any vehicle seized under the provisions of this chapter
may redeem such vehicle at the time after its removal but prior to the sale
or destruction thereof upon proof of ownership and payment to the city of
such sum as may be determined and fixed for the actual and reasonable expense
of removal and any preliminary sale advertising expenses, plus all storage
costs incurred for each vehicle redeemed.
Any person who violates the provisions of this chapter regarding abandoned
motor vehicles on private property shall be fined not more than $500. In addition,
the violator shall be responsible for all costs relating to the approval and
disposal of said abandoned motor vehicle paid by the private property owner
or the city.