[HISTORY: Adopted by the Municipal Council of the City of Taunton 12-18-2018. Amendments noted where applicable.]
The following terms as used in this chapter shall, unless a different meaning clearly appears from the context, have the following meanings:
AUTOMOBILE GRAVEYARD
Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling three or more wrecked, scrapped, ruined, inoperable, unregistered, or dismantled motor vehicles or motor vehicle parts.
UNREGISTERED
Any motor vehicle that (1) does not have in effect a valid registration issued by the registrar of Motor Vehicles under Chapter 90 of the General Laws of Massachusetts, or (2) does not have affixed to it a valid registration plate; provided, however, that the licensee's possession of a general registration plate, a repair plate, a dealer's plate, a farm plate, or the like, or the affixing of such a plate to any motor vehicle, shall not result in any such motor vehicle being considered registered for the purposes of this chapter. It is the intent of this chapter that a motor vehicle shall be considered unregistered for the purposes of this chapter unless (1) the registrar of motor vehicles has issued a separate, valid registration under Chapter 90 of the General Laws of Massachusetts which is specific to that motor vehicle, and (2) the registration plate(s) specific to that motor vehicle is(are) actually affixed to that motor vehicle.
A. 
No person shall establish, operate or maintain an automobile graveyard in the City of Taunton, and no person shall allow, suffer or permit another to establish, operate or maintain an automobile graveyard in the City of Taunton on land owned or controlled by him, without first securing and maintaining in full force and effect an automobile graveyard license from the Municipal Council.
B. 
Application for an automobile graveyard license shall be made by submitting to the City Clerk the application forms and tendering to the City Clerk the fee set forth in § 288-3.
C. 
The Chief of Police shall establish and maintain, and shall from time to time revise, such application forms as, in his reasonable judgment, shall be in conformity with law and which enable the Municipal Council and the Police Department to obtain the information necessary to adequately investigate applications for automobile graveyard licenses. The Chief of Police shall ensure that the City Clerk is provided with such application forms.
A. 
All applications for issuance, renewal, change of situation, or transfer of an automobile graveyard license shall be accompanied by a nonrefundable fee of $200.
B. 
Automobile graveyard licenses may be granted at any time, but all such licenses shall expire on April 30 following the date of issue unless sooner revoked. Renewals of such licenses may be applied for in the month of April, to take effect on May 1 following.
C. 
Any automobile graveyard license may be revoked at the pleasure of the Municipal Council.
A. 
In addition to the information contained within the application forms, the Municipal Council may require any applicant for an automobile graveyard license to provide such additional information as it deems necessary in order to investigate the application. Any such application may be denied in the event the applicant fails to provide such additional information.
B. 
No such license shall be granted until the Municipal Council is satisfied from an investigation of the facts stated in the application, and any other information which it may require of the applicant, that the applicant is a suitable person to engage in such activity and that the applicant has an available place of business suitable for the purpose.
C. 
All applicants shall submit to the Municipal Council the names, dates of birth, and current residential addresses of all individuals (1) having an ownership or equity interest of 10% or more in the proposed licensee, (2) serving as President, Treasurer, Clerk, Director, Manager, or any other principal officer of the proposed licensee, and (3) serving as the licensee's on-site manager, which all licensees shall so designate at least one individual to serve. All applicants for an automobile graveyard license, and all licensees, shall be under an affirmative obligation at all times to file with the City Clerk, on a form to be promulgated by the Chief of Police, notice of any change to any of the information required to be disclosed under this subsection within 30 days of the time any of such information changes. The purpose of this subsection is to permit the licensing authority to have sufficient information to perform an investigation into whether the licensee is, and continues to be, a "suitable person."
D. 
The Municipal Council shall cause an investigation to occur of the facts stated in the application and such other information provided by the applicant.
E. 
The applicant shall submit to the Municipal Council a plot plan of the proposed licensed premises whether or not a plot plan is required by any other provision of law.
F. 
The applicant shall specify all portions of the premises to be occupied and used by the licensee for the purpose of carrying on the licensed activity.
G. 
The Municipal Council shall deny an application for an automobile graveyard license unless an applicant demonstrates compliance with all requirements of the City of Taunton zoning ordinances.
H. 
Any licensee, upon application therefor, and upon tendering to the City Clerk the fee set forth in § 288-3, may seek a change of situation of the licensed premises or for additions thereto. Permits for the same may be granted at any time by the Municipal Council in writing, a copy of which shall be attached to the license.
I. 
Any license granted shall be revoked by the Municipal Council if it appears that the licensee has not complied, or is not complying, with the provisions of this chapter.
A. 
No automobile graveyard license shall be granted unless such graveyard:
(1) 
Is to be operated and maintained entirely within a building; or
(2) 
Is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling or otherwise using parts for the purpose for which they were originally manufactured, and is located in a built-up industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
(3) 
Is:
(a) 
More than 1,000 feet from the nearest edge of any interstate or primary system, as defined in Section 1 of Chapter 140B of the General Laws of Massachusetts; and
(b) 
More than 600 feet from any other state highway; and
(c) 
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; or unless it is
(d) 
Screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to the Municipal Council and in accordance with the regulations as promulgated by the Department of Highways and as specified on said license.
B. 
No license shall be granted under the provisions of Subsection A(3)(d) unless a copy of the application for such license has been forwarded by the applicant to the Department of Highways within three working days of the filing of said application.
A. 
All licenses shall be subject to the following conditions:
(1) 
No wrecked, scrapped, ruined, dismantled, unregistered, incomplete or damaged motor vehicles or parts thereof shall be visible from any public or private way or streets or from any abutting property.
(2) 
The number and placement of motor vehicles or motor vehicle parts on the licensed premises shall be in accordance with the plot plan and as approved by the Municipal Council, and shall be, at a minimum, in accordance with applicable zoning ordinances. For licensees operating on a preexisting, nonconforming lot, the Municipal Council shall nonetheless have the authority to require the licensee to undergo the site plan review process, appear before the Development Impact Review Board, or otherwise grant a license subject to conditions restricting the number and placement of motor vehicles or parts thereof on the licensed premises.
(3) 
Licensees shall maintain a sufficient number of parking spaces on the licensed premises for customer parking. The number of customer spaces shall be, at a minimum, the number of spaces required by applicable zoning ordinances, and such number of additional customer spaces that the Municipal Council, for good cause shown, shall require.
(4) 
Unless other provisions of applicable law provide for other hours, no licensee shall operate or be open to the public earlier than 8:00 a.m. nor later than 9:00 p.m. The hours of operation for each licensee shall be determined by the Municipal Council and notated on the face of the license.
(5) 
The licensed premises, and any other property in the immediate vicinity thereof, owned or under the control of the licensee or any individual whose identity is required to be disclosed pursuant to § 288-4C, shall be maintained in a clean and sanitary manner and shall at all times be kept clean and free of debris.
(6) 
No licensee shall establish, operate, or maintain an automobile graveyard on any portion of the licensed premises other than those portions of the licensed premises specified under § 288-4F and approved for such use by the Municipal Council.
(7) 
All licensees shall at all times comply with all requirements of applicable zoning statutes and ordinances.
(8) 
All licensees shall permit any duly delegated agent of the Municipal Council or any police officer of the City of Taunton to enter and inspect all areas of the licensed premises at all reasonable times in order to conduct an inspection of the licensed premises or to investigate the conditions thereon in order to ensure compliance with the terms of the license or this chapter, to investigate complaints of alleged violations of this chapter, or to take any other action relative thereto.
B. 
In addition to the mandatory conditions set forth in Subsection A, above, and the conditions required by applicable zoning ordinances, the Municipal Council may place reasonable conditions and restrictions upon the grant of any automobile graveyard license, including, but not limited to, the number of motor vehicles permitted to be displayed on the licensed premises at any one time. The Municipal Council may request the assistance and advice of the City Planner, the Planning Board, the Development Impact Review Board, or any other City official or board, in determining what site-specific conditions, if any, shall be imposed upon the grant of any such license.
C. 
Appropriate fencing may be required if, in the judgment of the Municipal Council, such fencing is necessary to control access to the licensed premises, or to maintain the aesthetic value of the immediate neighborhood, or if otherwise required by law.
D. 
Any license granted shall be suspended or revoked by the Municipal Council if it appears that the licensee has not complied, or is not complying, with any of the conditions placed upon the grant of such license or any of the provisions of this chapter.
Any application for an automobile graveyard license which proposes to conduct operations on any premises which has not been the site upon which a person possessing an automobile graveyard license has been in actual operation at any time in the past 12 months shall be considered a new license application. A person who submits a new license application shall, in addition to the provisions of §§ 288-1 through 288-6, inclusive, be subject to the following requirements:
A. 
The Municipal Council or a committee thereof shall hold a public hearing upon a new license application. The City Clerk shall cause a legal advertisement of such public hearing to be published at least once in a newspaper of general circulation in the City of Taunton, said publication to be no less than 14 days prior to the date of the public hearing. The applicant shall reimburse the City Clerk's office in full for the cost of said publication and shall provide evidence of payment and evidence of publication, at the beginning of the public hearing.
B. 
The applicant shall obtain from the Board of Assessors a certified abutters list of all persons owning property within 300 feet of the proposed licensed premises. The applicant shall, at its cost, and no less than 14 days prior to the date of the public hearing, mail notice of the public hearing to each person appearing on the list. The applicant shall provide evidence of such notification at the beginning of the public hearing.
C. 
No new license application shall be granted unless the applicant demonstrates to the Municipal Council at the public hearing each of the following:
(1) 
The proposed licensed site is an appropriate location for such use.
(2) 
The use of the property for an automobile graveyard will not be detrimental to the established or future character of the surrounding neighborhood.
(3) 
The proposed licensed activity on the premises will not create a nuisance or hazard to pedestrians or motorists traveling on public or private ways.
(4) 
The public convenience and welfare will be substantially served by the granting of the application.
(5) 
The application and the proposed licensed site and operations will otherwise comply with the General Laws of Massachusetts and the Revised Ordinances of the City of Taunton.
This chapter shall not apply to any person who is in possession of a valid Class 3 license issued by the Municipal Council pursuant to Sections 57 through 59A of Chapter 140 of the General Laws of Massachusetts. The portions of this chapter regulating the storage and keeping of unregistered motor vehicles shall not apply to any person (a) who is in possession of a valid Class 2 license issued under said laws by the Municipal Council, and (b) whose Class 2 license specifically delineates the number of unregistered motor vehicles that may be offered for sale or display, and (c) whose place of business does not store or keep on its business premises more than the maximum number of unregistered vehicles permitted in said Class 2 license. Otherwise, this chapter shall be deemed to be an ordinance of general applicability throughout the entire City of Taunton.
A. 
No person shall operate or maintain, and no person shall suffer, permit, or allow another to operate or maintain on land owned or controlled by him, an automobile graveyard in violation of the provisions of this chapter.
B. 
The Police Department, the Building Commissioner, and all persons in the City with zoning enforcement powers shall jointly and severally enforce this chapter.
C. 
Any person violating any provision of this chapter shall be punished by a fine of $300. Each calendar day that a violation exists shall be deemed to be a separate violation of this chapter.
Any automobile graveyard which does not conform to the requirements of this chapter shall be, and is hereby declared to be, a nuisance. Any person or officer charged with the enforcement of this chapter may, in addition to any other remedy available, request the City Solicitor, on behalf of the City, to make application to the Superior Court or any other court of competent jurisdiction for an injunction to abate such nuisance.
Any person aggrieved by a final decision of the Municipal Council denying, suspending, revoking or the taking of any other adverse action with respect to an automobile graveyard license, or an application therefor, may seek relief therefrom by filing an action in the nature of certiorari under Section 4 of Chapter 249 of the General Laws of Massachusetts in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
A. 
This chapter is adopted pursuant to Sections 54 and 54A of Chapter 140 of the General Laws of Massachusetts. As a separate and independent source of authority, this ordinance is also adopted pursuant to the 89th Article of Amendment to the Massachusetts Constitution, commonly referred to as the Home Rule Amendment to the State Constitution.
B. 
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid.