[HISTORY: Adopted by the City Council of the City of Franklin 5-5-1986
as Title Four, Ch. XI of the 1986 Code. Amendments noted where applicable.]
The provisions of Chapter 159 of the Public Laws of New Hampshire and
all amendments thereto relating to junk dealers are hereby adopted and are
in full force in this city.
As used in this chapter, the following terms shall have the meanings
indicated:
Old or scrap copper, brass, rope, rags, batteries, paper, trash,
rubber, debris, waste or junked, dismantled or wrecked automobiles or parts
thereof, iron, steel and other old or scrap ferrous or nonferrous material.
Any place of storage or deposit, whether in connection with another
business or not, where junk or motor vehicle junk is held, whether for the
purpose of resale of used parts, for the purpose of reclaiming for use some
or all of the materials or to dispose of them or for any other purpose.
Any self-propelled vehicle not operated exclusively upon stationary
tracks, whether required to be registered or not.
One or more uninspected motor vehicles no longer intended or in condition
for legal use on the highways and includes used parts or materials, whether
metal, glass, fabric or otherwise, from motor vehicles which, taken together,
include in bulk one or more motor vehicles. It shall be presumed that any
uninspected motor vehicle that is in a condition for legal use on the highways
that is left so as to be visible from the main traveled way of a public highway
or road for one year or longer is no longer intended for legal use on the
highway or other property. It shall be further presumed that any uninspected
motor vehicle that is not in a condition for legal use on the highways that
is left as to be visible from the main traveled way of a public highway or
road for 60 days or longer is no longer intended for legal use on the highways
or other property.
[Amended 4-2-1990 by Ord. No. 90-3]
No person, firm or corporation shall operate, establish or maintain
a junkyard within the City of Franklin unless such junkyard shall be surrounded
with a solidly constructed fence at least six feet in height which substantially
screens the area and with a suitable gate which shall be closed and locked
except when the owner of the premises or his or her agent is within.
A.
All junk and motor vehicle junk stored or deposited by
the owner of the premises shall be kept within the enclosure of the junkyard,
except as removal is necessary for its transportation in the reasonable use
of such junkyard.
B.
All wrecking or other work on such junk or motor vehicle
junk shall be accomplished within the enclosure.
C.
Where the topography, natural growth of timber, a natural
barrier or other similar considerations surround all or part of a junkyard,
the owner of the junkyard may apply to the Zoning Board of Adjustment of the
City of Franklin for a reduction of the fencing requirements for that portion
of the junkyard so surrounded, but said application shall not be granted unless
such surrounding natural conditions serve to make the junkyard substantially
nonvisible from the main traveled way of a public highway or road.
No person, firm or corporation may operate, establish or maintain a junkyard within the City of Franklin without first receiving a certificate from the Zoning Board of Adjustment of the City of Franklin that the proposed location of the junkyard is not within an established zoning district restricted against such uses or otherwise contrary to Chapter 305, Zoning.
