[HISTORY: Adopted by the Town Meeting of
the Town of Dalton. Amendments noted where applicable.]
For the purpose of this bylaw, the following
terms shall have the meanings indicated:
Any vehicle which is inoperable, worn out, or discarded and
which is ready for dismantling or destruction, or which has been collected
or stored for salvage for stripping, in order to make use of parts
thereof.
A vehicle currently not registered with the State Registry
of Motor Vehicles, as required by applicable Massachusetts General
Laws.
Any motor vehicles, towed trailers, recreational off-road
vehicles, aircraft, watercraft, or motorcycles.
Except as provided for in §§ 333-3 and 333-4, no person in charge or control of any real estate within the Town, whether as owner, tenant, occupant, lessee or otherwise, shall allow any unregistered or junk vehicle (or parts thereof) to stand on any premises which is not licensed pursuant to MGL c. 140, § 58. Any such unregistered or junk vehicle (or parts) shall be removed from said premises within 30 days after the owner or other person in charge or control of the premises has been duly notified in writing by the Select Board.
Any person wishing to park, store, keep or leave
such vehicle or vehicles in excess of 30 days may seek the approval
of the Dalton Select Board by filing a written request with the Select
Board. The Dalton Select Board shall act upon such an application
within 30 days of receipt. Any person notified of violation of this
bylaw and who intends to seek such approval must submit his or her
request within seven days of the date of notification.
The Select Board may approve an application submitted under § 333-3 for a maximum of two such vehicles for a period not to exceed a total of 180 days (that is, 90 days each if two vehicles). However, upon reapplication, the Dalton Select Board may grant an extension not to exceed a total of 180 additional days.
The Select Board shall not issue such a permit
unless if finds that such vehicle will not constitute a hazard to
the public health, safety, or welfare and will not be injurious or
offensive to neighboring properties. The Select Board, at its sole
discretion, may impose conditions on the granting of a permit, including
a requirement that the vehicle be fenced or screened from public view.
In determining whether or not to grant such a permit, the Select Board
may consider (but is not limited to) the following criteria:
A.
The condition and appearance of the vehicle and the
resulting aesthetic impact of the vehicle on abutters and the general
public.
B.
The existence of broken glass, jagged metal, or other
physical conditions posing safety hazards.
C.
The threat to public health or the environment from
existing or potential leakage of oil, gasoline, or other toxic hazardous
substances.
D.
The threat that the vehicle will harbor or serve as
a breeding area for vermin or other undesirable animals or insects.
E.
The proximity of the vehicle to adjoining properties
and the visibility of such vehicles from adjoining or nearby properties
or from public ways.
This bylaw shall not apply to vehicles owned
by the Commonwealth of Massachusetts or the Town of Dalton; to vehicles
within a completely enclosed structure including side walls and roof;
to vehicles on property operating under a license in accordance with
the provisions of Chapter 140 of Massachusetts General Laws for use
in connection with a motor vehicle business or junk business; to farm
vehicles on property where same are necessary in an agricultural use;
or to vehicles stored on property on which industrial or commercial
use is permitted by the Dalton Zoning Bylaws[1] and which are not manufactured for use over the road and
which are not customarily registered.
Whoever violates any provision of this bylaw may be penalized by a fine of not to exceed $300 for each offense or be subject to noncriminal disposition of the offense pursuant to Chapter 1.
This bylaw shall be enforced by the Dalton Police
Chief or designee.
