[HISTORY: Adopted by the Town Council of
the Town of Portsmouth 5-4-1998 by Ord. No. 98-5-4B. Amendments noted
where applicable.]
No person, firm or corporation shall deposit,
store, keep or permit to be deposited, stored or kept, in the open,
on public or private property, a dismantled, unserviceable, junked
or worn-out vehicle (hereinafter "junk vehicle"), unless a license
for said storage has theretofore been obtained from the Town Council
or appropriate authority.
No person, firm or corporation shall operate
or permit to be maintained an automobile storage yard. For the purposes
of this chapter, an "automobile storage yard" is any lot or parcel
of land or contiguous lots or parcels of land under common ownership
utilized for the storage, keeping or placement of two or more motor
vehicles which are neither duly registered according to law, bear
a current safety inspection certificate, nor are licensed pursuant
to this chapter.
The owner of any junk vehicle shall remove same
within 48 hours after being ordered to do so by the Portsmouth Police
Department. If the owner is not known and cannot be readily ascertained,
notice to remove may be given by attaching such notice directly to
the vehicle. The owner of any parcel of land utilized as an automobile
storage yard shall remove said vehicles or otherwise cause said lot
to comply with this chapter within 48 hours after being ordered to
do so by the Portsmouth Police Department. If the owner of said land
cannot be identified and personally served with such notice, the notice
shall be mailed to the owner as listed on the records of the Tax Assessor
of the Town of Portsmouth at the address on file with that office.
If said junk vehicle is on a Town street or
public highway, such forty-eight-hour notice shall be given by the
Portsmouth Police Department; however, if said vehicle constitutes
a present hazard or unduly obstructs traffic or ingress or egress
to other public or private property, the Portsmouth Police Department
may cause the vehicle to be removed without any prior notice.
Upon failure to remove any vehicle or vehicles
within the time set forth herein, the owner, lessee or other occupant
of the premises or the Portsmouth Police Department shall forthwith
remove or cause to be removed said vehicle from the location cited
to a location provided for that purpose by the Town of Portsmouth.
The owner of any vehicle so removed may reclaim
possession thereof from the Town of Portsmouth by making application
therefor within 30 days after its receipt by the Town of Portsmouth
upon providing the Town proof of the availability of a lawful location
to store said vehicle or other lawful plan for disposition of said
vehicle and paying to the Town of Portsmouth all reasonable costs
of removal, which shall be repaid to the person who paid or incurred
such charges, plus additional reasonable charges for storage of said
vehicle while in the possession of the Town.
If no claim for said aforedescribed vehicle
is made within 30 days after receipt thereof, the Town may sell said
vehicle, and the proceeds thereof shall be available to pay the reasonable
costs of delivering same to the Town if a claim be made by the person
who paid such charges and the expense of keeping and disposing of
said vehicle. Any balance shall be paid into the Town general fund.
Neither the owner, lessee or occupant of the
premises from which any aforedescribed vehicle shall be removed (if
not the owner of the vehicle), his or her servants or agents or the
Town shall be liable for the loss or damage to any vehicle while being
removed or while in the possession of the Town under the provisions
hereof or as a result of any subsequent sale or other disposition.
A.
Dismantled, unserviceable, junked or worn-out vehicles
as described herein shall be deemed to include major parts thereof,
including but not limited to bodies and body parts, chassis, engines,
transmissions, rear ends, and the like.
B.
In addition, a dismantled, unserviceable, junked or
worn-out vehicle shall include, but not be limited to, a vehicle upon
which any of the following conditions exist:
(1)
Absence of any body part (inclusive of fenders) or
any body part (inclusive of fenders) which is rotted or dangerously
damaged to the extent that it may cause injury or damage to any passenger,
pedestrian or other vehicle if the subject vehicle is operated on
the highway;
(2)
Any body part, frame, chassis, running board or floorboard
rusted or rotted to an extent which would allow excessive fumes to
enter the passenger compartment;
(3)
Any passenger compartment door, motor compartment
hood, trunk lid or door which is missing or does not close and hold
securely;
(4)
Any cracked, broken, loose or sagging frame member;
(5)
Any missing bumper;
(6)
Any broken or missing lamp or light or a lamp or light
not securely fastened to the vehicle;
(7)
Cracked passenger compartment glass which can be moved
at the crack, or absence of a windshield;
(8)
Less than four mounted wheels with tires capable of
maintaining the required interior air pressure; and
(9)
Absence of a fuel tank or insecurely attached fuel
tank.
C.
Notwithstanding the provisions of Subsection B(1) through (9), inclusive, of this section, and subject to the provisions herein regarding major parts of motor vehicles, any vehicle bearing a valid registration tag and current inspection certificate shall not be deemed dismantled, unserviceable, junked or worn out, unless said vehicle, in its current state, is mechanically incapable of being operated.
The term "public property," as used herein,
shall include property owned by the Town or state, property acquired
by the Town of Portsmouth at tax sales and all streets and highways
within the Town, whether they are public highways or not.
This chapter shall not apply to the activities
of persons, firms or corporations licensed to operate junkyards, salvage
yards, auto body repair shops, automobile sales places or repair shops
in furtherance of said business and on the premises upon which said
business is conducted.
Nothing contained herein shall be construed
to limit the power of the Town to remove or dispose of abandoned motor
vehicles pursuant to Chapter 42 of Title 31 of the Rhode Island General
Laws.
Upon written application therefor, the Town Council may, for good cause shown, issue a license for the storage of a junk vehicle or operation of an automobile storage yard and, in issuing such licenses, may place such conditions thereon as it deems just and appropriate under the totality of the circumstances. Any license request for new applications will include a list of abutters. The abutters shall be notified by the Town Clerk's office using first-class mail, postage prepaid. The applicant is to supply the abutters list to the Town Clerk's office. Renewal licenses will not require notice to abutters. There shall be a nominal fee of $10 per initial license application and no fee for renewals. Violation of the conditions of any license shall be a violation subject to the same punishment as set forth in § 382-14 hereof. All said licenses shall be limited to a term of not more than one year.
