Welcome to Burrillville, RI - 11-12-03 Council Public Hearing

PUBLIC HEARING of the Town Council held Wednesday, November 12, 2003 at 7:10 p.m. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.

MEMBERS PRESENT: Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.

Relative to proposed amendment to the ordinances of the Town of Burrillville, entitled “Junked or Abandoned Motorized Vehicles, Equipment and Parts”.

Notice is hereby given that a Public Hearing will be held in the Town Council Chamber, Town Building, Harrisville, RI on Wednesday November 12, 2003 at 7:00 p.m. at which time the Town Council of the Town of Burrillville will consider for adoption the following proposed changes to the Town Ordinances, viz:

The following words, terms and phrases when used in this ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

A. “Junked or abandoned motor vehicle or motorized equipment” means a motorized vehicle or equipment used in construction, or used for transportation on land or water, that is not currently registered or is inoperable, over five (5) years old and has remained on private or public property for longer than thirty (30) days. Included within this description are trailers and other non-motorized equipment that is towed or utilized as an accessory by a vehicle or motorized equipment.

B. “Vehicle Parts” means parts of motorized vehicles or equipment as defined in Section A, including bodies, engines, tires, parts or accessories thereto.

C. “Public Property” means all property owned or controlled by the town, state, or federal government, including property to which the town holds tax title.

No owner of property shall (except in an enclosed garage or permanent structure) deposit, store, keep or permit to be deposited, stored or kept, upon private or public property a junked or abandoned motor vehicle, equipment or vehicle parts as defined in Section I hereof.

A. The Chief of Police, or his/her designee, for cause shown may issue a temporary permit for a period not to exceed one hundred eighty (180) days for the keeping or storing of an automobile or motorized equipment as defined in Section 1.A. The applicant for the temporary permit shall be the owner of the property on which the vehicle is to be stored. A temporary permit may be extended for a period not to exceed one hundred (180) days.

B. The Chief of Police may, with the approval of the Public Safety Director issue rules and regulations controlling the issuance of a temporary permit. A copy of the approved Rules and Regulations and any amendments thereto, shall be filed with the Town Clerk.

The Police Department shall upon observing a violation of this ordinance issue a Notice of Violation to the property owner. The notice shall direct the property owner to remove or cause to be removed from their property the material listed in the violation notice within ten days of the mailing of the notice. Failure to remove the property listed in the Notice of Violation within the prescribed time shall result in a citation or summons issued to the property owner.

The penalty for violation of this ordinance shall be one hundred dollars ($100.00). Each day of non-compliance shall constitute a separate offense.

Holders of junkyard licenses issued by the Town of Burrillville shall be excluded from the provisions of this ordinance for the premises licensed as a junkyard.

Colonel Bernard E. Gannon, Chief of Police, briefly described the process of developing the ordinance. He supported the proposed ordinance, which he said is simple and straightforward.

Councilor William A. Andrews, Chair of the Ordinance Subcommittee, stated that the subcommittee had discussed the proposed ordinance on many occasions. The ordinance was developed as a reaction to many complaints received from Town residents. The matter has come before the Town Council on one or two other occasions, had been reviewed in depth and the subcommittee recommended adoption of the ordinance.

Councilor William E. Gonyea stated that he is in support of the majority of the ordinance. However, he voiced concerns over the inclusion of trailers, which he pointed out are used for storage by farmers and other residents. He supported the need to clean up unsightly junk, but was concerned that the ordinance might be too restrictive. Walter J. Kane, Town Solicitor, stated that farm trailers with farm registration would be unaffected. Nor would registered boat trailers. Mr. Gonyea discussed unregistered trailers that residents use on their property. Mr. Kane suggested that a trailer, with the wheels removed and set on blocks, might not be considered a trailer for the purpose of this ordinance.

Kevin Blais, Tarkiln Road, opposed the proposed ordinance. He stated that he keeps an unregistered pick-up truck for plowing snow from his long driveway. He discussed the expense that would be involved in registering and insuring the truck. Additionally, he envisioned problems with lawnmowers, hay bailers and other agricultural equipment.

Ray Cartier, Joslin Road, opposed the ordinance. Mr. Cartier also was concerned about his ability to plow, asking whether equipment would be allowed if it were operable. Walter J. Kane, Town Solicitor, stated that, as the ordinance is drawn, it would be a violation of the ordinance to have equipment that is unregistered and is not housed in a structure or garage.

Rod Timpany, Donahue Road was opposed to the ordinance. He acknowledged that there are problems in some areas of town, but found the proposed ordinance unreasonable for those residents who live in remote areas. The ordinance, he said, would hurt many to address the problems created by a few people. He recommended an ordinance that would focus on the real problem.

Don St. Germain, Douglas Pike, asked for a definition of “permanent building”. Walter J. Kane, Town Solicitor, explained that the building official would determine what qualifies as a “garage or permanent structure”.

Robert Bishop, South Main Street, suggested that the ordinance would affect the freedom of residents. He objected to the requirement to register vehicles that are used in a yard. He cautioned that residents would move away from Burrillville as a result of the ordinance. Mr. Bishop supported an ordinance that would limit the number of vehicles in front yards.

Mike Topersoki, Joslin Road, a collector of military vehicles, spoke relative to the ordinance interfering with his hobby. He plans to restore the vehicles, he said, but it is difficult to find the appropriate parts.

Ron Young, Round Top Road, said that he uses a junk vehicle in the woods on his property for the purpose of moving wood. The vehicle, he said, cannot be registered or inspected.

A resident suggested that many more residents would have attended the public hearing had they been aware of it. Many people were unaware of the public hearing.

Phil Allard, Joslin Road, said that he deals with antique cars and has many parts for cars neatly stacked. He questioned the requirement to house these vehicles and parts and discussed the ordinance interfering with a hobby. He suggested that a more appropriate ordinance would target the problem areas while leaving most residents unaffected.

Virginia Houle, Hill Road, spoke of the rural character of the community. She agreed that many residents, herself included, have equipment that they use on their property. She said that they could not afford to, and should not be required to, register and insure equipment that is not roadworthy.

Council President Wallace F. Lees, Town Council President, commented that the police department cannot address complaints unless there are ordinances in place. He suggested that the intent of this ordinance is to address complaints. Robert Bishop of South Main Street suggested that Mr. Lees’ comments presented one interpretation, but that once the ordinance was in place the police department could enforce it more broadly.

Councilor Jacqueline Zahn said that her interpretation would allow the residents to keep and use operable equipment. She quoted the proposed ordinance, saying that the criteria are “not currently registered or inoperable”. She asked Walter J. Kane, Town Solicitor, for clarification. Mr. Kane said that if the vehicle is not registered, it is subject to the ordinance. He also said that, based on the input received at the hearing, the ordinance should be referred back to the ordinance subcommittee. He briefly outlined the intention of dealing with the issue of junked vehicles without affecting the rural quality of life.

George Meleleu of Maureen Circle suggested that the Town Council should reformat the ordinance as stated by the solicitor. If the purpose of the ordinance is to prevent eyesores from the road, then the ordinance should so state. He acknowledged that the police department needs an ordinance to enforce the law. However, he suggested that the ordinance must be appropriate to the area.

Linda Green of Tarkiln Road reiterated that the proposed ordinance would be costly to those who use unregistered vehicles on their property. She noted that junkyards are an exception to the ordinance and asked whether it would be difficult to become a licensed junkyard. Council President Wallace F. Lees stated that it would be very difficult.

Council President Wallace F. Lees told those present that the Council would take the comments under consideration and agreed that the matter should be referred to the ordinance subcommittee.

Councilor Edward F. Bonczek said that, as a member of the ordinance subcommittee, he has advocated a junked or abandoned vehicle ordinance. He suggested that freedom is allowing people to do whatever they want, as long as it does not take away from someone else. The intent of the ordinance, he said, was not to deprive people of using their lands. He invited the residents to attend ordinance subcommittee meetings, stating that the discussion generated at the public hearing was useful in creating an appropriate ordinance. He supported reviewing the ordinance to explore addressing the problems with junked vehicles while allowing appropriate use of unregistered vehicles.

Robert Bishop, South Main Street, supported an ordinance that would prohibit junked vehicles in front yards, but was concerned about where to draw the line.

Councilor William A. Andrews said that, as a Councilor, he is always reluctant to pass an ordinance because there is always an affect on residents. The Town Council, he said, generally does not act unless there are complaints. Through the years, many people have approached the Town Council on this issue, and these people expect the Town Council to react to the complaints. He discussed the importance of acting fairly and not singling out an individual; an ordinance has to affect all residents equally and be fair to everyone.

Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The motion was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.