[HISTORY: Adopted by the Special Town Meeting of the Town of Fairhaven 5-7-1988 by Art. 10 (Ch. XVII of the 1934 Bylaws). Amendments noted where applicable.]
No person, who is not licensed under this chapter for the operation of a garage, repair shop or service station or under MGL c. 140 for the sale of motor vehicles, shall keep more than one unregistered motor vehicle ungaraged on premises owned by him/her or under his/her control, except farm vehicles used on the premises for farming. No such unlicensed person shall keep any unregistered motor vehicle or any vehicle in need of substantial repair in a yard fronting on a way.
No person or employee of a person who is not licensed under this chapter shall operate a garage, repair shop or service station.
The Board of Selectmen, after public hearing, may issue an original or renewal license for the operation of a garage, repair shop or service station.
A license issued under this chapter shall expire on the last day of December next following its effective date of issuance, except that a license issued after the first day of October shall expire on the last day of December of the following calendar year.
Application for a license or renewal under this chapter shall be made in writing to the Board of Selectmen on a form provided by the Board with an application fee of $10. The Board may reject any application which it deems inadequately completed. Upon receipt of a completed application, the Board shall schedule a public hearing. Renewal applications should be filed no later than the last business day in November.
Notice of the public hearing shall be given by the applicant to the owners and occupants of land abutting the subject premises, including land directly across any way from the subject premises, by mail, return receipt requested, at least 10 days before the public hearing. In addition the applicant shall cause the same notice to be printed in a newspaper of general circulation in the town at least one week before the public hearing. The notice shall be in a form provided by the Board of Selectmen. Proof of such notice shall be made by the applicant to the Board at the public hearing. The Board may vary the notice requirements of this section if it determines by majority vote that equivalent or actual notice was given or that the public interest would be served by waiving such requirements.
The Board of Selectmen may issue a license under this chapter if it determines that the operation of the licensed activity is not detrimental to the neighborhood and is consistent with the protection and promotion of the convenience, health, morals, safety and welfare of the community. The Board may impose conditions in writing upon any license issued hereunder. Such conditions may include, but are not limited to, limitations on the hours and days of operation, the noise and odor emanating from the premises, the location, number and type of vehicles or parts stored externally on the premises and any other conditions that the Board of Selectmen determines to protect or promote the interest in this chapter.
A license issued under this chapter may not be transferred to another person or premises.
Any person who violates any of the provisions of this chapter or any condition imposed on a license pursuant to § 125-6 shall be subject to a fine of $50 per violation for each day that such violation continues.
In addition to any other penalties provided by this chapter, the Board of Selectmen may suspend or revoke any license issued hereunder if it determines after hearing that the license holder has violated the provisions of this chapter or any condition imposed on a license pursuant to § 125-6 or that the licensed operation is in violation of any other law.
The prohibition of § 125-1B of this chapter shall not apply to any person operating a garage, repair shop or service station as of the effective date of this chapter until the first day of January next following such effective date.
The following definitions shall apply to this chapter:
- Any building or other structure for the storage of motor vehicles, whether or not incidental to the repair or service of such vehicles, but not including a garage accessory to a residential structure.
- MOTOR VEHICLE
- Motor vehicle as defined by the Massachusetts General Laws and automobiles, trucks, recreational vehicles, motor homes, trailers, mobile homes, snowmobiles, motorcycles, trailbikes, minibikes and any other form of motorized or self-propelled vehicle.
- REPAIR SHOP
- Any building or other structure or premises for the repair or service of motor vehicles or motor vehicle parts.
- SERVICE STATION
- A gasoline service or sales station, including self-service
gasoline stations, including a car wash or other place for nonmechanical
services.[Amended 5-3-1997 STM by Art. 16]
- VEHICLE IN NEED OF SUBSTANTIAL REPAIR
- A motor vehicle which is inoperable due to mechanical damage or deterioration or the removal of parts or which is not in present use due to mechanical or body damage or deterioration or the removal of parts.