[HISTORY: Adopted by the Town Council of the Town of Franklin 3-16-1994
by Bylaw Amendment 94-256. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers and collectors — See Ch. 105.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes, but is not limited to, old scrap, copper, brass, iron,
steel, rope, rags, batteries, paper, trash, old tires, rubber debris, dismantled
or nonregistered and inspected vehicles, parts thereof, and other old or scrap
ferrous or nonferrous materials and rubbish.
Includes, but is not limited to, any person, firm, partnership, association,
corporation, company or organization of any kind.
The entire width of a street right-of-way used by the public, including
private ways open to the public.
Includes, but is not limited to, a machine propelled by power other
than human power designed to travel along the ground by use of wheels, treads,
runners or slides to transport persons or property or pull machinery and shall
include, without limitation, automobile, truck, trailer, motorcycle and buggy
wagon.
No yard abutting or visible from a public way or public park shall be used for the storage or display or abandonment of more than one cubic yard of any type of junk, discarded or abandoned equipment or materials unless such storage or display of junk is licensed pursuant to MGL c. 140, § 58, and Chapter 105 of the Code of the Town of Franklin and, where applicable, pursuant to a variance granted by the Franklin Board of Appeals. The Town of Franklin Landfill and Transfer Station is excluded from the provisions of this chapter.
The Building Commissioner shall have the power to investigate all complaints
of violations and, if the Building Commissioner finds that the property owner
or person in lawful possession of the property has allowed an unlawful accumulation
of junk, shall give notice to the owner or person in lawful possession of
the property by certified mail to remove the accumulation within 15 days.
Any person notified to remove junk under § 104-3 from his/her property who refuses to do so after receipt of notice to remove the same shall pay a penalty of $300 per day for each day that junk is permitted or allowed to remain on the property after said notice was given, each said day constituting a separate offense of this section.
The provisions of MGL c. 40, § 21D, providing for the noncriminal
disposition of bylaw violations shall be applicable, and the person taking
cognizance of any violation shall have available, as an alternative to initiating
criminal or civil court proceedings, the procedure set forth in MGL c. 40,
§ 21D, as aforesaid.
