[HISTORY: Adopted by the Town Council of the Town of Braintree 6-15-2010 by Ord. No. 10-012 (former Ch. 5.28 of the Town Bylaws, which derived from prior code Ch. 85). Amendments noted where applicable.]
Precious metal dealers — See Ch. 5.570.
Yard sales — See Ch. 5.585.
Pursuant to the authority conferred upon the Town by MGL c. 140, § 54, this chapter is adopted for the regulation and restriction of the collection and storage of previously damaged, used, secondhand, worn out, scrapped or discarded materials or objects such as, inter alia, automobiles, building materials, machinery, metal, wastepaper, rags, glassware and tinware which are or in the future may be collected and stored in a dangerous, unsightly or unsanitary manner in yards or other places within the Town.
Except where otherwise indicated by law, the following definitions shall apply in the interpretation and enforcement of this chapter:
- ENFORCEMENT OFFICER
- The Inspector of Buildings or such other person designated by the Mayor.
- Any old, secondhand, previously used, discarded or scrapped metals, plastics, bottles, glassware, tinware, paper bags, rubber goods, plumbing, heating and electrical equipment, fixtures and appliances, building materials, whole motor vehicles which are unregistered or, if registered, no longer fit for reconditioning for use in highway transportation, or motor or other vehicles which are wholly or partly dismantled or used parts or scraps therefrom or any other old, secondhand, used, discarded or scrapped material commonly called "junk salvage material."
- JUNK DEALER
- A person who engages in the buying, selling, exchanging, storing, processing, preparing for sale or use, or dealing in any manner commercially with junk within the Town.
- JUNK OR SALVAGE YARD
- A yard, lot or place or any place of collection, storage or deposit outdoors, within the Town of Braintree, where junk is kept or stored. An area maintained and operated by the Town of Braintree for the collection and storage of recyclable materials shall be excluded from this chapter.
- LICENSING AUTHORITY
- The Board of License Commissioners of the Town of Braintree.
- Any individual, firm, partnership, association, corporation, company, organization or any business entity permitted to do business within the Commonwealth of Massachusetts.
No person shall engage in business as a dealer in junk or salvage unless he/she obtains a license from the Board of License Commissioners in accordance with the provisions of this chapter.
The annual fee for a license to conduct the business of a dealer in junk or salvage shall be $1,000 per year. No license pursuant to the provisions of this chapter shall be issued, and no renewal of an existing license shall be granted, until the full amount of the fee has been paid to the Board of License Commissioners.
Each license issued pursuant to the provisions of this chapter shall apply only to the premises shown on the survey furnished by the licensee with the application for the license. The licensee may not use any other premises.
An application for a dealer in junk or salvage license shall be made by the applicant, in writing, on forms approved by the Board of License Commissioners. The application shall be submitted under oath and shall set forth the name and address of the person who will conduct such business and the names and addresses of all persons having a beneficial interest in the business. It shall set forth an accurate description of the premises for which the license is sought, as shown by a survey to be attached. It shall contain such other detailed information as to the character and location of the business as may be required by the Board of License Commissioners to determine whether the issuance of the license sought would serve the public interest.
In each application, except in the case of an application for renewal of a license, the applicant shall undertake to defray the expense to the Town of the public hearing on his/her application. The applicant shall be responsible for the cost of advertising and mailing notices to abutters of the public hearing.
Upon the filing of the application with the Board of License Commissioners and the making of the deposit for costs, written notice shall be given to the applicant, and public notice shall be given by advertisement in a newspaper circulating in the Town at least seven days prior to the hearing of the time and place fixed for the hearing to be held before the Board of License Commissioners on the issuance of the license. In the case of an application for renewal of a license, the licensing authority may dispense with the requirement for public notice. The applicant and all interested persons shall have reasonable opportunity to be heard at such hearing.
No license shall be granted under this chapter until the enforcement officer certifies that the proposed junk or salvage yard meets the requirements of this chapter, the Town Zoning Ordinances and the laws of the Commonwealth of Massachusetts, and unless it appears after the public hearing that the issuance of such license would not cause unreasonable depreciation of surrounding property or be otherwise adverse to the best interests of the Town.
In the licensing procedure under this chapter the Board of License Commissioners shall take into consideration any record of a conviction of the crime of receiving stolen goods or larceny of any applicant or of any stockholder, director or officer of any corporation applying for such license.
Any license issued under the provisions of this chapter shall be effective from the date of its issuance. A new application for a license must be made annually by December 31 if the licensee continues in business. The fee for such license for the operation of a junk or salvage yard for less than one year shall be prorated. Such license is personal with the licensee and does not go with the title of the land, nor may it be sold, assigned, transferred or disposed of without the permission of the Board of License Commissioners. Applications for renewal may be made within 60 days from the date of expiration of the license and such renewal shall not be unreasonably withheld, unless for a good cause shown.
Such license shall be placed and at all times displayed in a conspicuous place at the licensee's place of activity or business.
Before use, a junk or salvage yard shall comply with all provisions of the Town Zoning Ordinances and shall have a suitable gate which shall be closed and locked except during the working hours of such junk or salvage yard or when the applicant or his/her agent shall be within.
The junk or salvage yard together with things kept therein shall at all times be maintained in a sanitary condition.
No space not covered by the license shall be used in the licensed business.
No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches.
No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises, nor shall any refuse of any kind be kept on the premises, unless such refuse is junk, as defined herein, and is in use in the licensed business.
No junk shall be allowed to rest upon or protrude over any public street, walkway or curb or become scattered or blown off the business premises.
Junk shall be stored in piles not exceeding eight feet in height and shall be arranged so as to permit easy access to all such junk for fire-fighting purposes.
No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises, nor shall the premises be allowed to become a fire hazard.
Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
No junk or other material shall be burned on the premises in any incinerator not meeting the requirement of federal, state or Town laws, statutes and codes, and no junk or other material shall be burned on the premises in the open.
Processing of junk or any other operations conducted within a junk or salvage yard shall cease between the hours of 6:00 p.m. and 7:00 a.m. of the following day.
No junk or salvage yard shall be allowed to become a nuisance, nor shall any junk or salvage yard be operated in such manner as to become injurious to the health, safety or welfare of the community or of any residents close by.
Each licensee under this chapter shall install enclosed sanitary facilities upon the junk or salvage yard for the use of all personnel upon the premises in connection with the business in accordance with regulations of the Town's Building Division.
The junk or salvage yard shall be maintained and kept in such a manner as will prevent the habitation and breeding of rodents or vermin in the ground under junk piles or in or about such piles and as will prevent the accumulation of stagnant water on the ground in or about such piles of junk. The licensee shall comply with all orders issued by the Board of Health or its designee which are designed to eliminate the breeding of rodents or vermin.
For the purpose of this chapter, the location of junk or salvage yards already established shall be considered approved, provided that such junk or salvage yards comply with this chapter, the provisions of the Town Zoning Ordinances and the laws of the Commonwealth of Massachusetts and that they pay the license fee fixed in this chapter. Such established junk or salvage yards shall have 120 days from the date of mailing of notice to them to comply with such provisions of this chapter.
Each licensee shall keep a record of all vehicles, appliances or junk purchased in the course of business, setting forth the identity of the items purchased, the dates of such purchases, the names and addresses of the sellers and the amounts paid therefor. Such records shall be available for inspection to all law enforcement officers or other persons having lawful authority to make inquiry as to the source from which the junk material was acquired, the nature of the transaction and the title of the seller.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine of $150 a day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.