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Session Laws

1985

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CHAPTER 663 AN ACT FURTHER REGULATING THE CONTROL OF CERTAIN JUNKYARDS AND AUTOMOBILE GRAVEYARDS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 140 of the General Laws is hereby amended by striking out section 54A, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 54A. No license shall be granted under section fifty-four for an automobile graveyard, as defined in section one of chapter one hundred and forty B, unless such graveyard:

(a) is to be operated and maintained entirely within a building; or

(b) is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or

(c) is:

(1) more than one thousand feet from the nearest edge of any interstate or primary system, as defined in section one of chapter one hundred and forty B, and

(2) more than six hundred feet from any other state highway, and

(3) more than three hundred feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; or unless it is

(4) screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to said city or town and in accordance with the regulations as promulgated by the department of public works and as specified on said license.

No license shall be granted under the provisions of clause (4) of subsection (c) unless a copy of the application for such license has been forwarded by the applicant to the department of public works within three working days of the filing of said application.

SECTION 2. Said chapter 140 is hereby further amended by striking out section 59A, as so appearing, and inserting in place thereof the following section:-

Section 59A. No license shall be granted under section fifty-nine to a person within Class 3 as defined in section fifty-eight, for a motor vehicle junkyard, unless such junkyard

(a) is to be operated and maintained entirely with a building; or

(b) is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up industrial or commercial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or

(c) is:

(1) more than one thousand feet from the nearest edge of any highway on the interstate or primary system, and

(2) more than six hundred feet from any other state highway, and

(3) more than three hundred feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; or unless it is

(4) screened from view by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to said city or town and in accordance with regulations as promulgated by the department of public works and as specified on said license.

No license shall be granted under the provisions of clause (4) of subsection (c) unless a copy of the application for such license has been forwarded by the applicant to the department of public works within three working days of the filing of said application.

Approved December 24, 1985.