PUBLIC HEARING of the Town Council held Wednesday, August 28, 2002 at 7:20 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 and William E. Gonyea.
MEMBERS ABSENT: Councilor Norman C. Mainville was excused.
Relative to consideration of adoption of proposed changes to Chapter VI of the General Ordinances of the Town of Burrillville entitled Traffic.
NOTE: The public hearing was duly advertised in the Woonsocket Call on August 20, 2002.
1. Comments/Input/Recommendation from Col. Bernard E. Gannon, Chief of Police.
Colonel Bernard E. Gannon stated that the proposed ordinance was in regard to a Vehicle Immobilization Unit, commonly referred to as a boot. This allows the Police Department to immobilize the vehicle without moving it. Use of the unit would have to be approved by the justice of the Municipal Court. The ordinance is a device for collection of unpaid fines. He briefly described the process.
2. Comments/Input/Recommendations from the Ordinance Subcommittee.
Councilor William A. Andrews, Chair of the Ordinance Subcommittee, reported that the Subcommittee had discussed the proposed ordinance several times and had worked on the development of the proposal over several months. He said that the Ordinance Subcommittee unanimously recommended passage of the ordinance.
3. Comments/Input/Recommendation by Administration.
Michael C. Wood, Town Manager, agreed on recommending the ordinance. He stated that it is a good alternative.
Walter J. Kane, Town Solicitor, stated that due process is followed before the device can be attached. He explained the process briefly, describing the protection tendered to prospective offenders.
4. Proponents: None
5. Opponents: None
6. Town Council Members Comments/Input: None
7. VOTED to close the public hearing.
Motion by Councilor Louis Bleiweis. Seconded by Councilor William E. Gonyea. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea. Councilor Norman C. Mainville was excused.
8. VOTED to adopt the following amendments to the ordinances of the Town of Burrillville:
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea. Councilor Norman C. Mainville was excused.
The Town Council of the Town of Burrillville hereby ordains as follows:
Chapter VI of the General Ordinances of the Town of Burrillville entitled, Traffic, is hereby amended as follows:
Add:
6.1.6 Towing or impoundment of vehicles of scofflaws.
6.1.6.1 Upon an order of a judge of the municipal court of the Town of Burrillville, obtained in accordance with subsection (2) of this section, any police officer of the town shall have the authority to impound or seize (or cause the same to be done) any vehicle, whether by towing or otherwise (such as by the use of the "Denver boot", so-called) if five (5) or more parking tickets or citations for violations of the traffic ordinances or regulations of the Town of Burrillville have been issued against it and which remain outstanding and delinquent for more than fifteen (15) days.
6.1.6.2 The procedure to be followed in the enforcement of the preceding subsection (1) shall be as follows:
(1) Prior to any such vehicle being ordered to be towed, seized or impounded, if the vehicle is registered in the State of Rhode Island, and a registration is on file with the state, a notice of noncompliance and an order to respond to the municipal court to answer to the traffic violations shall be forwarded to the owner of record by registered or certified mail.
(2) Said notice and order shall state that the registrant may appear before the municipal court, at any session during the following thirty (30) days, and request a hearing as to whether the vehicle should be towed or seized and impounded for said violations.
(3) If after thirty-seven (37) days from the date of mailing said notice or order, the registrant fails to appear, a judge of the municipal court shall issue a written order to the Burrillville Police Department to tow (or seize by use of the "Denver boot") and impound said vehicle.
(4) Prior to any such vehicle being ordered towed or seized and impounded, if the vehicle is registered in a state other than Rhode Island, said notice of noncompliance and order to respond (as aforesaid) shall be mailed (by registered or certified mail) to the registrar of motor vehicles (supplying as much information as reasonably available) of the state in which such vehicle is registered. Said notice of noncompliance and order and the procedure and consequences shall be the same as for a Rhode Island registrant, except that an out-state registrant shall be given Thirty-seven (37) days to appear before the municipal court, and Forty-four (44) days before said court order shall issue.
(5) Upon such a vehicle being thus towed or seized and impounded, the Burrillville Police Department shall maintain a record of same, and upon inquiry by the registrant or other authorized person, notify same that they may appear at the next regular session of the municipal court, for the purpose of securing a hearing as to the towing and/or impoundment of vehicle, liability for any charges arising therefrom, and for arraignment on the outstanding violations; provided that the registrant (or other authorized person) may either pay the outstanding traffic or parking fines, or deposit with the court sufficient security for the payment thereof in the event the same are duly contested.
(6) Upon such a vehicle being thus duly towed and impounded in a convenient and safe place within the town, all fines and related charges shall be paid by the registrant of such vehicle or other authorized person, firm or corporation designated by said registrant before any such vehicle shall be released. In the event that the immobilization device (“Denver boot”) is removed by a Department authorized towing company, prior to the vehicle being towed, a charge of $75.00 on weekdays and $175.00 on weekends and holidays will be assessed. Upon such a vehicle being towed and impounded in a convenient and safe place within the Town, the charge of towing and storage will be added to this charge. In addition all pending fines and assessments shall be paid by the registrant
of such vehicle or other authorized person, firm or corporation designated by said registrant before any such vehicle shall be released. Towing and storage charges will be in compliance with Public Utility Commission (PUC) regulations.
(7) No vehicle thus towed and/or impounded under this section may be released by the Burrillville Police Department unless issued written notice to do so by the clerk of the municipal court.
(8) No vehicle thus towed and impounded under this section shall be disposed of or sold by any person, company or organization having possession or custody of same, nor by the police department, the town or any of its agents, except by written order of the municipal court (or the clerk thereof) obtained pursuant to applicable state law, if any; and if there be no applicable state law, then the following procedure shall govern and apply. If such property remains unclaimed in the possession of the police department, an officer or agent thereof, or an authorized towing company or garage for one month and the owner thereof or his place of abode or business is unknown, or if the owner and his place of abode or business are known and the owner, after receipt by registered mail of a written notice
from such department or member to take possession of said property, refuses or fails for a period of ten (10) days following said receipt so to do, such department may sell the same by public auction, notice of the time and place of sale, with a description of the property to be sold, first being given by publishing the same once in each of three successive weeks in a newspaper published in the Town of Burrillville.
(9) If the property is sold pursuant to §6.1.6.2(8), the proceeds thereof shall be disbursed in the following order of priority:
(a) Any charges for towing of the vehicle and associated costs;
(b) Fines and costs associated with the municipal court charges. (Costs shall include the charge for attaching the immobilization device.)
Proceeds remaining after payment to towing costs, fines and administrative expenses describe above shall be deposited into the Municipal Court Registry. Upon proper proof of ownership made to the Court any remaining proceeds shall be returned to the registered owner of the vehicle.
The entity causing said sale shall render to the Court an accounting of all towing, storage and administrative costs associated with the sale, and shall forward to the Court the bill of sale or other documents evidencing the sale of the vehicle within a reasonable time after said sale.
6.1.6.3 The Burrillville Police Department is authorized to promulgate Rules and Regulations to effectuate the purpose of this Ordinance not inconsistent with the terms of the Ordinance.
6.1.6.4 This ordinance shall take effect ten (10) days after passage.
Adopted this 28th day of August 2002
9. VOTED to adjourn at 7:25 p.m.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea. Councilor Norman C. Mainville was excused.
Information relating to the meeting is on file with the record of the minutes. The meeting was taped and the tape is on file with the record of the minutes.
Recorded by
Louise R. Phaneuf, Town Clerk
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