City of Chicopee, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 4-18-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 260.
A. 
No person, company or corporation in control of real property in the City of Chicopee, other than a bona fide licensed commercial auto salvage yard or commercial garage, as determined by the License Committee of the City Council, shall permit the outdoor storage or parking thereon for more than three days of an abandoned, disassembled, inoperable motor vehicle except for one unregistered vehicle that is operable.
[Amended 3-19-1996 by Ord. No. 96-10; 9-17-1998 by Ord. No. 98-59; 6-15-1999 by Ord. No. 99-61; 9-1-2009; 9-20-2016 by Ord. No. 16-59]
B. 
Any such motor vehicle may be deemed a public nuisance and an attractive hazardous condition by the Chicopee Department of Public Health, MGL c. 111, § 123.
C. 
Real property, as related aforesaid, includes yards, lawns, driveways, empty property, land parcel and tree belts. It is, however, not limited to public vehicular travel byways where the Chicopee Department of Public Health determines it to be a public safety hazard, attractive nuisance or detrimental to the health of the Chicopee community.
A. 
Upon inspection, those motor vehicles may be appropriately tagged, without prior notice to the owner of said vehicle, with a decal calling for a seventy-two-hour notice to remove.
B. 
Failure to remove such vehicle will be subject to:
(1) 
Removal by towing at the owner's expense unless an appeal is made to the Health Commissioners within five working days.
(2) 
A fine of $50 per day until such vehicle or vehicles is moved.
If the Chicopee Department of Public Health must remove the vehicle from the stored or parked area, it will be impounded at a site determined by the Chicopee Department of Public Health. The cost of impounding and storage will be assessed to the owner of said vehicle or vehicles.
This section is not intended to preclude any enforcement by the Chicopee Police Department under provisions of MGL c. 135.
Violators, if known, will be notified, in writing, to abate the condition and be given five calendar days to comply with said order.
Persons, companies or corporations in violation may be prosecuted upon proper procedures by the Chicopee Department of Public Health in the Trial Court of the Housing Court of Hampden County, held at Springfield, Massachusetts.
[Added 6-15-1999 by Ord. No. 99-60]
A. 
Terms not defined. Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
B. 
For the purposes of this chapter, the following shall be considered for definitional purposes:
ABANDONED
Anything which is left on municipal property under such circumstances and for a period of more than three days that it appears the owner does not have any plan to claim it.
DISASSEMBLED
In a state of ruin so as to be incapable of propulsion; not intact or substantially the same condition as originally purchased.
INOPERABLE
In order for a motor vehicle to be inoperable as that term is used in this chapter, it must not have a valid inspection sticker, or be incapable of operation under its own power, or be unable to run without assistance, or not be capable of safe movement, or not be fit in all ways for safe, legal and ordinary use as a motor vehicle on the public ways of the commonwealth. Any vehicle which is inoperable and is parked or stored in violation of this chapter may be removed by the City in accordance with this chapter.
[Amended 9-1-2009 by Ord. No. 09-19]
UNREGISTERED
No valid registration or number plate as issued by the Department of Motor Vehicles under the provisions of MGL c. 90.
UNINSPECTED
Lacking a valid inspection sticker as issued under the provisions of MGL c. 90.