[HISTORY: Adopted by the Town Council of the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 12-106 to 12-113 of the 1993 Code. Amendments noted where applicable.]
Junkyards — See Ch. 138.
Towing — See Ch. 235.
Vehicles and traffic — See Ch. 248.
STATE LAW REFERENCES
Abandoned motor vehicles — See R.I.G.L. § 31-42-1 et seq.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- A VEHICLE LEGALLY OR PHYSICALLY INCAPABLE OF BEING OPERATED
- Includes one which has not been duly registered according to law or which lacks the equipment in good operating condition as required by law to enable it to be registered.
- DISMANTLED, JUNKED OR ABANDONED VEHICLES
- Includes major parts thereof including bodies, engines, transmissions, rear ends, etc.
- Includes public or private property, Town streets and public highways.
- PUBLIC PROPERTY
- Includes property owned by the Town or state, property acquired by the Town at tax sales, and all streets and highways within the Town, whether or not they are public highways.
An unregistered vehicle on premises not owned or occupied by the owner of the vehicle may be deemed to be abandoned for the purposes of this chapter.
No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, junked or abandoned vehicle, or one legally or physically incapable of being operated, unless a license for such storage has theretofore been obtained from the proper authority.
Notice by owner, lessee, occupant of premises. The owner of any vehicle described in § 244-1 shall remove the vehicle within seven days after being ordered so to do in writing by the owner, lessee or occupant of the premises where the vehicle shall be found. If the owner of any such vehicle is not known or cannot readily be ascertained, notice to remove may be given by attaching such notice to such vehicle. The Police Department upon request therefor shall assist in ascertaining the name and address of the owner of any such vehicle.
Notice by police. If the owner of any such vehicle is also the owner, lessee or occupant of the premises, notice to remove as stated in Subsection A of this section shall be given by the Police Department.
Notice as to vehicle on street, highway. If the vehicle is on a Town street or public highway, 48 hours' notice to remove the vehicle shall be given by the Police Department, provided that, if the vehicle constitutes a present hazard or unduly obstructs traffic ingress to or egress from private or public property, the vehicle may be removed by the Police Department without any prior notice.
Upon failure to remove any vehicle within the time limits provided in this chapter, the owner, lessee, occupant of the premises or the Police Department shall forthwith remove or cause the vehicle to be removed from the premises to a location to be provided for the purpose by the Town.
The owner of any vehicle removed as provided in this chapter may regain possession thereof from the Town by making application therefor within two months after its receipt by the Town upon payment to the Town of all reasonable costs of removal, which shall be repaid to the person who paid or incurred such charges, plus an additional charge for storage charges of the vehicle while in possession of the Town.
If no claim for a vehicle removed as provided in this chapter is made within two months after receipt thereof, the Town may sell the vehicle for the best price obtainable as junk or otherwise, and the proceeds thereof shall be available to pay the reasonable charges of delivering the vehicle to the Town if a claim therefor be made by the person who paid the charges, and the expense of keeping and disposing of the vehicle, and any balance shall be paid into the general fund.
Neither the owner, lessee or occupant of the premises from which any vehicle described in this chapter shall be removed, his servant or agent, or the Town shall be liable for any loss or damage to such vehicle while being removed, or while in the possession of the Town, or as a result of any subsequent sale or other disposition.