The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Shall be a vehicle which is abandoned, wrecked, or partially
dismantled, discarded, inoperable and/or unregistered.
Shall mean a machine designed to be propelled by power other
than human power, designed to travel on the ground by use of wheels,
treads, runners or slides and designed to transport persons, property
or other machinery and shall include: automobiles, trucks, trailers,
motorcycles, tractors or recreational and snow vehicles as defined
by MGL c. 90B, § 20.
No person or entity, corporate or otherwise, as owner or as
one in control of premises, shall keep in the open on such premises
any unregistered, wrecked, junked or partially dismantled motor vehicle,
except farm equipment used in agriculture, without being licensed
to do so under this article.
The board of selectmen is authorized and empowered to grant
a one-year license to keep no more than two unregistered, wrecked,
junked or partially dismantled motor vehicles in the open on such
premises provided it determines that the same will not create a hazard
to the public safety, will not be a public nuisance and will not be
detrimental to or detract from the appearance and character of the
neighborhood in which the premises are located. Any license granted
hereunder may be subject to conditions as to the location of the motor
vehicles on the premises and other reasonable conditions to ensure
the protection of the general public and the immediate neighborhood
as to hazard, nuisance and detriment.
If the board of selectmen should refuse to issue a license then
the applicant shall have a right of appeal to the zoning board of
appeals which must be exercised within 20 days of the date of refusal
by filing an appeal with the clerk of the board of appeals with the
payment of a filing fee as may be determined by the board. The board
shall hold a public hearing on such appeal, notice of which shall
be given by mailing and by publication as required by MGL c. 40A.
After the hearing on an appeal, the zoning board of appeals
may grant a one-year license to keep not more than two unregistered,
wrecked, junked or partially dismantled motor vehicles upon such conditions
as it deems proper, provided that the board first finds and determines
that the granting of same will not create a hazard to the public safety,
will not be a public nuisance and will not be detrimental to or detract
from the appearance and character of the neighborhood.
Renewals of licenses issued under the provisions of this article
shall be granted only after the procedures set forth in this article
are followed.
A.
Any person or entity, corporate or otherwise, found in violation
of this article and duly notified via certified mail or by personal
notification by a police officer, shall be liable to a fine of not
less than $20 and not more than $50 for each day that such violation
continues.
B.
Enforcement of this article shall not commence until the day after
a thirty-day grace period has been allowed and the grace period shall
begin with notification as herein described.
This article shall not apply to any person or corporation duly
licensed as a junk or automobile dealer under the provisions of Massachusetts
General Laws and the bylaws of the Town.
