[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.]
A.Â
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.
B.Â
No person or employee of a person who is not licensed
under this chapter shall operate a garage, repair shop or service
station.
[Amended 6-14-2021 ATM by Art. 46]
The Select Board, 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.
[Amended 6-14-2021 ATM by Art. 46]
Application for a license or renewal under this
chapter shall be made in writing to the Select Board 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.
[Amended 6-14-2021 ATM by Art. 46]
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 Select Board. 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.
[Amended 6-14-2021 ATM by Art. 46]
The Select Board 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 Select Board 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.
[Amended 6-14-2021 ATM by Art. 46]
In addition to any other penalties provided by this chapter, the Select Board 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 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.
Any building or other structure or premises for the repair
or service of motor vehicles or motor vehicle parts.
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]
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.
