[HISTORY: Adopted 8-26-1974 Special Town Meeting, Art. 15 (Ch. IX of the Revised Bylaws).
Amendments noted where applicable.]
[Amended 5-4-1998 ATM, Art. 12]
No person or entity, corporate or otherwise, as owner or as
one in control of premises, shall keep in the open in any area of
the Town of Great Barrington any junk automobile or junk boat, as
defined in the following section, without being licensed to do so
under this chapter.
[Amended 5-4-1998 ATM, Art. 12]
As used in this chapter, the following terms shall have the
meanings indicated:
One which is worn out, cast off or discarded and which is
ready for dismantling or destruction or which has been collected or
stored for salvage or for stripping in order to make use of parts
thereof. Any parts from such a vehicle shall be considered a "junk
automobile" or "junk boat" under this chapter.
[Amended 5-4-1998 ATM, Art. 12]
A.
A license to keep no more than one junk automobile or junk boat shall be requested from the Chief of Police, who may issue said license under the terms and standards set forth in § 55-4 of this chapter. The refusal to issue said license may be appealed to the Board of Selectmen by filing an appeal with the Town Clerk within 20 days of the refusal and, thereafter, following the procedure for notice and hearing set forth in Subsection B hereof.
B.
A license to keep more than one junk automobile or junk boat may
be requested by filing with the Town Clerk an application in writing
to the Board of Selectmen. The Board of Selectmen shall hold a public
hearing upon such request in accordance with Article X of the Zoning
Bylaws of the Town of Great Barrington.[1]
[Amended 5-4-1998 ATM, Art. 12]
The Board of Selectmen may grant a license for not over one
year, upon such conditions as the Board deems proper, to keep such
junk automobiles or junk boats in the open, after the public hearing
has been held and the Board determines that the keeping of the same
will not depreciate property values in the area or will not create
a hazard to the public safety or will not become a public nuisance.
Renewals of said licenses may be granted only after the procedure
set forth is followed.
Upon the filing with the Board of Selectmen of a petition signed
by at least 10 legal residents of Great Barrington asking for revocation
of any license issued under this chapter, the Board shall call a public
hearing to review the conduct of the licensee under said license.
If the Board determines that the operation of the licensee under said
license is such as to depreciate property values in the area or create
a hazard to public safety or constitute a public nuisance, the Board
may, by majority vote, revoke said license, such revocation to be
effective 30 days after the date of said vote.
The holder of a Class 1, Class 2 or Class 3 license as defined
in MGL c. 140, § 58, is exempt from the provisions of this
chapter in respect to the premises specified in the license granted
to him under § 59 of said chapter.
[Amended 5-4-1989 ATM, Art. 23]
Any person or entity who violates this chapter shall be liable
to a fine not to exceed $300, and each day of violation shall be a
separate and distinct offense.
