[Amended 10-23-2006 ATM by Art. 2]
The purpose of this bylaw is to impose uniformity
and regulation in the issuance and supervision of automobile and auto
part and salvage dealers' licenses within the Town of Salisbury. This
bylaw is intended to be consistent with MGL c. 140, § 59,
and other applicable provisions of the Massachusetts General Laws,
as well as being consistent with other bylaws for the Town of Salisbury.
Where, however, an earlier adopted bylaw for the Town is found to
be in direct conflict with this bylaw, this bylaw shall be controlling.
In the event that any one provision hereof is
found to be invalid by a court of competent jurisdiction, then the
remaining provisions hereof are deemed severed therefrom and shall
continue in full force and effect.
Prior to effecting any substantial change in
situation, the licensee must apply to the licensing authority for
a permit which will encompass the proposed change, if such change
involves any of the following:
A. Sale, transfer, or any change in ownership of the
licensed premises.
B. Incorporation or other business organization procedures
which may distribute ownership and/or liability of such business in
a manner different than as set forth in the current business organization
of the licensee.
C. Expansion of that portion of the premises occupied
by the licensee to be designated or devoted to the licensed activity
beyond the boundaries designated and highlighted in the plan submitted
with the original application.
D. Removal of a substantial portion of the licensed activity
to different premises than those set forth in the previous license.
E. A change in the licensed activity which constitutes
a substantial portion of the licensed activity being conducted in
a license classification for which the licensee is not licensed.
F. A change in the principal business activity of the
licensee.
In addition to suspension or revocation proceedings set forth in §
23-7 hereof, the following violations shall be punishable by a fine of $50 for each day such violation may persist:
[Amended 10-24-2016 ATM by Art. 10]
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A. Engaging in a licensed activity without a license
or with a license purporting to cover a different licensed activity.
[Amended 10-23-2006 ATM by Art. 2]
B. Failing to report a substantial change as set forth in §
23-6 hereof, within 10 days of such change.
C. Failure to comply with MGL c. 140, §§ 57
to 59.
Licenses previously issued by the Town or its Board of Selectmen under MGL c. 140, §§ 57 to 59 shall be deemed to be lawfully issued licenses for the purposes of this bylaw, and provided there is no substantial change as set forth in §
23-6 hereof, such licenses, upon expiration, shall be reissued without a requirement for hearing, provided that:
A. A copy of such preexisting license must be submitted
with the renewal application specified in this bylaw.
B. Upon renewal, after the effective date of this bylaw,
every preexisting license, so renewed, shall be governed by and subject
to the provisions of this bylaw.
The Board of Selectmen for the Town of Salisbury,
by majority vote, may promulgate any rules and regulations as to applications
and/or hearing requirements that are not inconsistent with MGL c.
140, §§ 57 to 59. Any such regulation shall become
effective only after notice of a proposed regulation has been publicly
posted and placed on the regular agenda for hearing before the Board
and the Board votes favorably upon such regulation, or a regulation
substantially similar to that for which such notice was posted.
[Added 10-27-1986 STM by Art. 9; amended 5-16-1990 ATM by Art.
21]
Except as hereinafter provided, no more than
two unregistered motor vehicles may be stored, kept or maintained
on privately owned premises within the Town unless stored, kept or
maintained in fully enclosed garages or other inside storage facilities.
This section is to be enforced by the Zoning Enforcement Officer of
the Town of Salisbury. Penalty: $50 for each such unregistered vehicle
in excess of two for each day of continuing violation.
[Added 10-27-1986 STM by Art. 9; amended 5-16-1990 ATM by Art.
21]
A. Any person, firm or corporation engaged in the business
of automobile repair and/or auto body repair and refinishing, for
a fee or charge, shall obtain a license for such business from the
Board of Selectmen.
B. Licensing procedure.
(1) A person, firm or corporation desiring a license to
conduct an auto repair or auto body repair business shall file an
application with the Board of Selectmen including the following information:
(a)
Business owner's name and address;
(b)
Property address, and if leased property, property
owner's address;
(c)
A plan detailing the property lines, the location
and size of any structure, number of service bays, parking areas,
water, gas and sewer lines, septic systems, wells, underground fuel,
storage areas and setbacks of structures from the property lines;
(d)
A statement as to types of commercial or industrial
chemicals including lacquer, paint and petroleum products to be stored
on the premises, including the storage vessels and disposal procedures
for each such chemical;
(e)
A statement as to the maximum number of vehicles
to be on the premises at any one time and the manner in which the
premises are to be secured, including fencing, chains and/or security
systems;
(f)
A statement as to the days and hours of operation,
including noise abatement/prevention measures and material;
(g)
Written certification from the Fire Chief or
Deputy Chief that adequate provision has been made in the applicant's
plan for the storage of flammable materials;
(h)
In the case of new buildings or alterations
to existing buildings to accommodate such use, a statement from the
Building Inspector that the proposed plan and use conform to the zoning
and building laws of the Town.
(2) Any such application shall be accompanied by a nonrefundable
fee of $100 and shall not be scheduled for action by the Board of
Selectmen until such application is complete as provided above. Upon
submission of a completed application the Board of Selectmen shall
schedule a review of the application on its regular agenda within
30 days of submission and take the following action:
(a)
In the event of an application being filed by
an existing auto repair or auto body shop, the Board shall review
and approve a license with such reasonable conditions as it sees fit
to impose, to ensure continued safety to the public and to the environment,
including adequate provisions for fire prevention, hazardous material
storage, noise abatement, security and general appearance of the premises.
(b)
In the event of an application being filed by
a new or proposed auto repair or auto body repair business, the Board
shall schedule a hearing to be held after notice to abutters and publication,
but in no event later than 45 days after submission, at which hearing
the Board shall hear the applicant and/or his representative and any
interested abutters or other persons or officials of the Town and
shall approve the application or approve the application with conditions,
provided the Board finds:
[1]
That the premises are suitable premises for
such business and adequate provisions are made for public safety and
protection for the environment;
[2]
That the proposed use will not work a substantial
detriment to the character of the neighborhood by way of excessive
noise or unsightly appearance;
[3]
That the business to be conducted is the principal
business of the applicant and is consented to by the owner of the
premises.
(3) The Board of Selectmen may deny such application if
it finds that any of the above criteria are not satisfied and that
such criteria may not be satisfied by the imposition of reasonable
conditions and limitations on a license.
(4) Upon approval of an application, the Board shall issue
a license with such conditions as are provided for herein, which license
shall be in effect no later than December 31 of the year in which
it is issued. Such license shall be posted in a conspicuous place
on the premises and shall provide as a condition thereof that such
premises are available for inspection by the Board, or its agents,
during regular business hours. A licensee shall be permitted to maintain
as many vehicles, registered or unregistered, as are provided for
in such license upon the licensed premises.
(5) Any such license may be suspended or revoked after
reasonable notice to the licensee at the business address and an opportunity
to be heard with counsel and to present evidence and examine witnesses
has been afforded to the licensee at a regularly scheduled meeting
of the Board of Selectmen to be held not earlier than 10 days after
such notice. Such license may be suspended or revoked only if the
Board finds that the licensee's business has been operated in violation
of the terms and conditions of the license or that the premises do
not comply and conform with the plan and statements filed with the
license application.
C. Nonapplicability. This bylaw shall not apply to licensed
Class I, Class II or Class III automobile dealers, or to repair facilities
maintained by the Town of Salisbury on Town-owned property.
D. Severability. To the extent that any provision of
this bylaw is determined to be void or unenforceable by the Attorney
General for the Commonwealth or by a court of competent jurisdiction,
the remaining provisions hereof shall continue in full force and effect.
[Added 10-24-2011 ATM by Art. 16]
An applicant for a new Class III license or for renewal of an
existing Class III license shall designate an area on the licensed
premises for storage of all vehicle parts and all junk or salvage
vehicles that have not been repaired and are not available for sale.
Such storage area shall either be inside a building or be enclosed
by a solid or opaque fence of sufficient height to conceal all such
parts and vehicles so they are not visible from any roadway and are
not visible from the first floor of any residential dwelling. Such
storage area shall be shown on a scale drawing of the licensed premises
that is submitted with the application.