[HISTORY: Adopted by the Town Meeting of the Town of Marshfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-1976 (Art.
8 of the General Bylaws)]
[Amended 10-18-2021 STM by Art. 32]
No person shall engage in the business of collecting, by purchase
or otherwise, junk, old metals and secondhand articles from place
to place unless having a license issued by the Select Board, and all
persons to whom a license is issued shall display the license number
on any vehicle used to transport such junk. Any shop and all articles
or merchandise therein, and any place, vehicle or receptacle used
for the collection or keeping of the articles aforesaid, may be examined
at all times by the Select Board, or by any person by them respectively
authorized thereto. Any license may be revoked at pleasure by the
Select Board or a majority thereof.
[Amended 4-24-2017 ATM
by Art. 10]
Whoever, not being so licensed, keeps such shop or is such dealer
or junk collector in the Town, or being licensed, keeps such shop
or is such dealer or junk collector in any other place or manner than
that designated in his license, or after notice to him that his license
has been revoked, shall forfeit $20 or the maximum fine authorized
by MGL c. 140, § 55, whichever is greater, for each offense,
and whoever violates any rule, regulation, or restriction contained
in his license shall forfeit $20 or the maximum fine authorized by
MGL c. 140, § 55, for each offense.
[Adopted 1976 ATM by Art. 61 (Art. 31 of the General Bylaws)]
[Amended 4-24-2017 ATM
by Art. 10]
No person or entity, corporate or otherwise, as owner(s) or
one(s) in control of premises, shall keep in the open in any area
of the Town of Marshfield any substantial amount of junk, or more
than two junk automobiles, as those terms are hereinafter defined,
for more than 30 consecutive calendar days without being licensed
to do so under this bylaw.
A.
"Substantial
amount of junk" shall be defined as old scrap copper, brass, rope,
rags, batteries, paper, trash, rubber debris, waste and other old
or scrap ferrous and nonferrous material whose total weight exceed
75 pounds.
B.
"Junk automobile"
shall be defined as an automobile that 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 disassembled parts from such a vehicle shall
be considered junk under this bylaw.
[Amended 10-18-2021 STM by Art. 32]
A.
A license
to keep any substantial amount of junk or more than two junk automobiles
must be requested by filing an application in writing for such a license
with the Select Board's office of the Town of Marshfield. The Select
Board shall hold a public hearing upon such a request, notice of which
shall be published in a newspaper issued in Marshfield at least three
days prior to the hearing. The cost of the publishing shall be paid
by the Town of Marshfield.
B.
The Select
Board may grant a one-year license upon such condition as the Select
Board deem proper to keep such junk or junk automobiles in the open
after a public hearing has been held and the Select Board determine
that the keeping of the same will not depreciate property values in
the area, will not create a hazard to the public safety, or will not
become a public nuisance. Renewals of said licenses shall be granted
only after the procedure set forth above is followed.
A.
Notwithstanding
the aforesaid sections, no person shall be in violation of this bylaw
if, prior to a determination of guilt by any judicial body, that person
or entity acquires a determination by the Marshfield Planning Board,
through the procedures hereinafter prescribed, that those articles
or pieces of property which the Town of Marshfield claims to be junk
or junk automobiles are not junk or junk automobiles as defined in
the bylaw. Any person or entity requesting a determination that articles
or property are not within the scope of this bylaw must do so by written
application to the Planning Board of the Town of Marshfield. Said
Planning Board shall hold a public hearing upon such a request, notice
of which shall be published at least three days before the date of
the hearing. The cost of the publishing shall be paid by the applicant.
[Amended 4-24-2017 ATM
by Art. 10]
[Amended 4-24-2017 ATM
by Art. 10]
Any person or entity who or which violates this bylaw shall
be liable for a fine of $20 or the maximum fine authorized by MGL
c. 140, § 55, whichever is greater, for each day of violation.
[Amended 4-24-2017 ATM
by Art. 10]
Any clause, section, or part of this bylaw determined to be
invalid by the judiciary for any reason shall be severable from any
other clause, section, or part, without affecting the validity of
that which remains.
