[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. V, § 1, Para. 24D, of the General
Bylaws]
[Amended 1-30-2023 STM by Art. 1]
Except as provided by statute, it is unlawful to operate unauthorized
motorized vehicles (all-terrain vehicles, dirt motorcycles, and snowmobiles)
on property under the care and control of the Foxborough Conservation
Commission, Water Department, Recreation Commission or Select Board
of the Town of Foxborough.
Any person violating this bylaw shall be punished by a fine
of $50 for the first offense and $150 for subsequent violations and/or
criminal prosecution along with restitution of any damage incurred
to the Town of Foxborough property.
[Adopted as Art. V, § 9, of the General Bylaws]
For the purpose of this bylaw/regulation, a discarded vehicle
shall be one which is inoperative and unregistered, or which is worn
out, cast off or discarded or 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 substantial portion from
such a vehicle shall be considered discarded vehicles under this bylaw/regulation.
[Amended 1-30-2023 STM by Art. 1]
In all zoning districts, no more than one discarded motor vehicle
can be stored on any parcel and that motor vehicle has to be kept
or stored out of sight and/or out of the front yard(s). This shall
not be required if such vehicle is enclosed within a structure, provided
that only one vehicle may be stored or parked outside if not visible
at normal eye level from any point on an abutting lot, or if screened
from view to the satisfaction of the Building Commissioner. This provision
shall not apply to vehicles for which a permit has been granted by
the Select Board for their storage as provided below.
A.
Anyone holding a first, second, or third class automobile license
as provided by MGL c. 140, § 58, shall be exempt from the
provisions of this bylaw/regulation.
B.
A license to park or store more than one such discarded vehicle as determined above shall be obtained from the Select Board, who will issue said license under the conditions of Subsection C of this section.
[Amended 1-30-2023 STM by Art. 1]
C.
A license to keep more than one discarded vehicle may be requested
by filing an application in writing with the Select Board.
[Amended 1-30-2023 STM by Art. 1]
(1)
Such fees as may from time to time be established pursuant to MGL
c. 40, § 22F, shall be required to cover all expenses incurred
by the permitting body. The Select Board shall hold a public hearing
upon such request, notice of which shall be given by publishing in
a newspaper of general circulation within the Town of Foxborough at
least seven days prior to the date of the hearing. The filing fee
will be returned if the application is rejected, less the incurred
cost of advertising. NOTE: No more than three vehicles per lot or
contiguous lots thereof will be allowed with this license.
(2)
After the public hearing has been held, the Select Board may grant
a one-year license upon such conditions as the Board deems proper
to keep such discarded vehicles. The Board shall determine that the
keeping of the same will not depreciate property values in the area,
will not create a hazard to public safety, and will not become a public
nuisance prior to issuing such permit.
(3)
Requests for renewals of said license may be made on a yearly basis.
A written request from the applicant shall be received no later than
15 days prior to the expiration date of the license. The Select Board
will hold a public hearing if it is deemed necessary before renewing
the license. The applicant shall be responsible for the costs for
the public notice as noted above. All of the provisions governing
notification, public hearing requirements and Select Board criteria
to issue licenses shall apply.
D.
Upon the filing with the Select Board of a petition signed by 10
taxable inhabitants of Foxborough or the office of the Building Commissioner
asking for the revocation of a license issued by the Board under the
provisions of this bylaw/regulation, or at the request of the Building
Commissioner, the Select Board shall hold a public hearing to review
the conduct of the licensee under said license. If the Board determines
that the operation of the licensee under said license is such as to
depreciate the property values, create a hazard to the public safety,
or constitute a public nuisance, the Board may, by a majority vote,
revoke said license. The effective date of such revocation shall be
30 days after the said vote for revocation.
[Amended 1-30-2023 STM by Art. 1]
The office of the Building Commissioner shall be responsible
for enforcing the provisions and requirements of this bylaw/regulation.
If the Building Commissioner receives a complaint or believes by his
own observations that a motor vehicle may be in violation of this
bylaw/regulation, he or his designee shall investigate. If the vehicle
in question is found to be in violation of the above provisions, a
notification sticker shall be attached to said vehicle. Subsequently,
the owner of the lot where the vehicle is being illegally stored or
parked shall have seven days in which to remove, or cause to be removed,
the tagged vehicle. If the vehicle is not removed within this time
period, or an agreed-to extension thereof, a fine of $50 per day,
per vehicle shall be levied against the owner of the property where
the vehicle is being stored or parked. Furthermore, the violation
shall be subject to such further enforcement as may be appropriate.
