[HISTORY: Adopted by the Town of Ashland 5-10-2006 Annual Town Meeting,
Art. 15.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Secondhand dealers — See Ch. 230.
Solid waste — See Ch. 245.
Streets and sidewalks — See Ch. 249.
Vehicles and traffic — See Ch. 293.
[1]
Editor's Note: This Art. 15 also repealed
former Ch. 265, Vehicles, Abandoned, Junked and Unregistered, adopted
at the May 1993 Special Town Meeting.
Except as to vehicles for which other provisions
are made under the laws of the Commonwealth of Massachusetts, no person
shall abandon any vehicle at any place within the town and no person
shall leave any vehicle at any place within the town for such time
under such circumstances as to cause it to reasonably appear that
the vehicle has been abandoned.
Except as to vehicles for which other provisions
are made under the laws of the Commonwealth of Massachusetts, no person
shall leave any junked vehicle or any unregistered motor vehicle upon
any street or other public grounds in the town or upon any property
therein without the permission of the owner or lessee of said property.
No person in charge or control of any property
in the town, whether as owner, occupant, lessee or otherwise, shall
allow more than one (1) unregistered motor vehicle or any junked vehicle
to remain on such property longer than ten (10) days, except a vehicle
in an enclosed building or in an area unexposed to the view of the
public or any abutter, a vehicle on the premises of a business enterprise
operated in a lawful place and manner, when necessary to the operation
of such business enterprise, a vehicle in an appropriate storage place
or depository maintained by the town with the consent of the town
or a vehicle upon property covered by a Class 3 license duly in effect
under M.G.L.A. C. 140, § 58. In no event may an unsightly
unregistered vehicle be parked, stored, located, abandoned or otherwise
left in the front yard of the premises (as defined in 282-99 of the
Ashland Code.
Vehicles which reasonably appear to have been left any place within the town in violation of any provision of this chapter or to be lost, stolen or unclaimed may be removed in accordance with the provisions of M.G.L.A. C. 135 relating to lost, unclaimed or abandoned property, the provisions of M.G.L.A. C. 90, § 22C, or the provisions of Chapter 316 of the Acts of 1962, as the same may be applicable.
[Amended 5-4-2016 ATM, Art. 19; 11-20-2019 STM, Art. 13]
In any residential district no person or business shall permit
more than one commercial vehicle to be parked, stored, located, abandoned
or otherwise left un-garaged on any one dwelling lot at any time without
a special permit from the Select Board. In no event may a commercial
vehicle be parked, stored, located, abandoned or otherwise left in
the front yard of the premises.
In any residential district no person or business shall permit
any commercial vehicle with a Gross Vehicle Weight Rating greater
than 10,000 pounds to be parked, stored, located, abandoned, on any
one dwelling lot at any time without a special permit from the Select
Board.
A special permit shall be based on a finding that the commercial
vehicle(s) shall not be rendered objectionable or detrimental to the
character of the residential neighborhood.
Any special permit issued hereunder shall be issued for a specific
vehicle at a specific address and shall not be transferrable. Said
special permit shall expire after five (5) years from the date issued.
The provisions of this bylaw shall not apply to the temporary
parking, storage, locating or otherwise leaving any commercial vehicle
on a premises that is being used for construction, reconstruction,
or maintenance at the premises, or for moving to or from the premises.
This bylaw shall be enforced by the Police Department. Enforcement
of this bylaw does not require a complaint filed by a resident. In
addition, the Select Board shall have the authority, after notice
and hearing, to issue an order removing any vehicle deemed to be in
violation of this bylaw. Any such removal order shall be at the expense
of the owner of the premises.
The Select Board may adopt regulations relative to the implementation of this section 265-5 including an application process and fees associated therewith.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
One which is worn out, cast off or discarded and which is
ready for dismantling or destruction or which has been collected or
stored for salvage or for stripping in order to make use of parts
thereof. Any parts from such vehicle shall be considered a "junked
vehicle" under this chapter.
[Amended 11-17-2015 STM,
Art. 8]
A.
Criminal Disposition. Any person violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined In an amount not exceeding one-hundred
($100) dollars. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
B.
Non-Criminal Disposition. Violations of any section of this Chapter
may be processed pursuant to G.L. c. 40, § 21D and fines
for such violations shall be assessed as follows:
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First Offense:
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$50.00
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All Subsequent Offenses:
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$100.00
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Each day such violation is committed or permitted to continue
shall constitute a separate offense.
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The Building Inspector and Police Department shall have the
authority to issue notices of violations and citations under this
by-law.
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