[HISTORY: Adopted by the Town Meeting of the Town of Foxborough as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. V, § 1, Para. 24D, of the General Bylaws]
Except as provided by statute, it is unlawful to operate unauthorized motorized vehicles (all-terrain vehicles, dirt motorcycles, and snowmobiles) on property under the care and control of the Foxborough Conservation Commission, Water Department, Recreation Commission or Board of Selectmen of the Town of Foxborough.
Any person violating this bylaw shall be punished by a fine of $50 for the first offense and $150 for subsequent violations and/or criminal prosecution along with restitution of any damage incurred to the Town of Foxborough property.
[Adopted as Art. V, § 9, of the General Bylaws]
For the purpose of this bylaw/regulation, a discarded vehicle shall be one which is inoperative and unregistered, or which is worn out, cast off or discarded or 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 substantial portion from such a vehicle shall be considered discarded vehicles under this bylaw/regulation.
In all zoning districts, no more than one discarded motor vehicle can be stored on any parcel and that motor vehicle has to be kept or stored out of sight and/or out of the front yard(s). This shall not be required if such vehicle is enclosed within a structure, provided that only one vehicle may be stored or parked outside if not visible at normal eye level from any point on an abutting lot, or if screened from view to the satisfaction of the Building Commissioner. This provision shall not apply to vehicles for which a permit has been granted by the Board of Selectmen for their storage as provided below.
Anyone holding a first, second, or third class automobile license as provided by MGL c. 140, § 58, shall be exempt from the provisions of this bylaw/regulation.
A license to park or store more than one such discarded vehicle as determined above shall be obtained from the Board of Selectmen, who will issue said license under the conditions of Subsection C of this section.
A license to keep more than one discarded vehicle may be requested by filing an application in writing with the Board of Selectmen.
Such fees as may from time to time be established pursuant to MGL c. 40, § 22F, shall be required to cover all expenses incurred by the permitting body. The Board of Selectmen shall hold a public hearing upon such request, notice of which shall be given by publishing in a newspaper of general circulation within the Town of Foxborough at least seven days prior to the date of the hearing. The filing fee will be returned if the application is rejected, less the incurred cost of advertising. NOTE: No more than three vehicles per lot or contiguous lots thereof will be allowed with this license.
After the public hearing has been held, the Board of Selectmen may grant a one-year license upon such conditions as the Board deems proper to keep such discarded vehicles. The Board shall determine that the keeping of the same will not depreciate property values in the area, will not create a hazard to public safety, and will not become a public nuisance prior to issuing such permit.
Requests for renewals of said license may be made on a yearly basis. A written request from the applicant shall be received no later than 15 days prior to the expiration date of the license. The Board of Selectmen will hold a public hearing if it is deemed necessary before renewing the license. The applicant shall be responsible for the costs for the public notice as noted above. All of the provisions governing notification, public hearing requirements and Board of Selectmen criteria to issue licenses shall apply.
Upon the filing with the Board of Selectmen of a petition signed by 10 taxable inhabitants of Foxborough or the office of the Building Commissioner asking for the revocation of a license issued by the Board under the provisions of this bylaw/regulation, or at the request of the Building Commissioner, the Board of Selectmen shall hold 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 the property values, create a hazard to the public safety, or constitute a public nuisance, the Board may, by a majority vote, revoke said license. The effective date of such revocation shall be 30 days after the said vote for revocation.
The office of the Building Commissioner shall be responsible for enforcing the provisions and requirements of this bylaw/regulation. If the Building Commissioner receives a complaint or believes by his own observations that a motor vehicle may be in violation of this bylaw/regulation, he or his designee shall investigate. If the vehicle in question is found to be in violation of the above provisions, a notification sticker shall be attached to said vehicle. Subsequently, the owner of the lot where the vehicle is being illegally stored or parked shall have seven days in which to remove, or cause to be removed, the tagged vehicle. If the vehicle is not removed within this time period, or an agreed-to extension thereof, a fine of $50 per day, per vehicle shall be levied against the owner of the property where the vehicle is being stored or parked. Furthermore, the violation shall be subject to such further enforcement as may be appropriate.