Town of Wallingford
Junk Ordinance
Revised Ordinances of Wallingford
Title 4: Health and Welfare
CHAPTER 7: REGULATING OUTDOOR STORAGE OF JUNK AND JUNK VEHICLES
WHEREAS, the Town of Wallingford has, by
authority granted in 24 VSA §§ 1971 et seq., 2246 and 2291, the powers to
adopt, amend, repeal, and enforce ordinances, and to manage and regulate outdoor
storage of junk and junk motor vehicles within its boundaries;
NOW
THEREFORE, to protect public health, safety and well-being, and to promote the
responsible use of resources and protection of the environment, the Selectboard
of the Town of Wallingford hereby adopts this ordinance to regulate outdoor
storage of junk and junk motor vehicles.
§4701.
DEFINITIONS
- “Abandon” means to leave without
claimed ownership for 30 days or more.
- “Highway” means any highway, road,
street, or other public way, regardless of classification.
- “Household appliance” means any
range, stove, refrigerator, washing machine, clothes dryer, water pump,
power tool and the like.
- “Junk” means old or discarded scrap
copper, brass, iron, steel or other metals, or materials including but not
limited to tires, household appliances, furniture, rope, rags, batteries,
glass, rubber debris, waste, trash, construction debris, plumbing fixtures,
or any discarded, dismantled, wrecked, scrapped, or ruined motor vehicle or
parts thereof. Any of the above items used in a bona fide agricultural
operation are excluded from this definition.
- “Junkyard” means any place of outdoor
storage or deposit which is maintained, operated or used in connection with
a business for storing, keeping, processing, buying or selling junk or as a
scrap metal processing facility. “Junkyard” also means any place of
outdoor storage or deposit, not in connection with a business, which is
maintained or used for storing or keeping four of more junk motor vehicles
that are visible from any portion of a public highway. However, the term
does not include a private garbage dump or sanitary landfill that is in
compliance with 24 VSA §2202 and the regulations of the secretary of human
services. It does not mean a garage where wrecked or disabled motor vehicles
are stored for less than 90 days for inspection or repairs.
- “Junk motor vehicle” means a
discarded, dismantled, wrecked, scrapped or ruined motor vehicle or parts
thereof, an unregistered motor home not connected to water and/or sewer, or
a vehicle other than on-premise utility vehicle which is allowed to remain
unregistered for a period of thirty (30) days from the date of discovery.
- “Traveled way” means that portion of
a public highway designed for the movement of a motor vehicle, shoulders,
and roadside parking, rest, observation areas, and other areas immediately
adjacent and contiguous to the traveled portion of the roadway.
- “Abutting property owner” means any
person or persons, corporation or other entity that owns, leases, or in any
other way uses or controls the real property abutting any portion of the
property of another.
- “Motor vehicle” means any vehicle
propelled or drawn by power other than muscular power, including trailers.
Functional vehicles and equipment used for agricultural and construction
operations are excluded from this definition.
§4702.
REQUIREMENTS
- It shall be unlawful to place, discard,
or abandon junk or two or more junk motor vehicles in a place where it is
visible from the traveled way of a highway or Town road, or where it is
visible to an abutting landowner from that portion of the abutter’s land
used on a regular basis. Any such item so placed, discarded, or abandoned is
hereby declared to be a public nuisance.
- It shall be unlawful to place, discard or
abandon junk or two or more junk motor vehicles upon the land of another
with or without the consent of the owner, when any such item is visible from
the traveled way of a highway or Town road, or visible to an abutting
landowner from that portion of the abutter’s land used on a regular basis.
Any such item so placed, discarded or abandoned is hereby declared to be a
public nuisance.
- Any person who wishes to operate a
junkyard within the Town of Wallingford is required to (1) obtain a
certificate of approval for the location of the junkyard, and (2) obtain
from the State of Vermont a license to operate, establish, or maintain a
junkyard.
(1)
Certificate of Approved Location.
Application for a certificate of approved location shall be made in writing to
the Selectboard. The application shall contain a description of the land to be
included within the junkyard, which description shall be by reference to
so-called permanent boundary markers. The procedures to be followed after an
application has been made are those specified in 24 VSA §§ 2252 through 2264,
as from time to time amended.
(2)
State Junkyard License.
The procedures for obtaining a junkyard license from the State of Vermont are
those specified in 24 VSA §§ 2261 through 2264, as from time to time amended.
- All junkyards, scrap yards, and places of
outdoor storage of junk shall be effectively screened from public view by a
fence or vegetation at least eight (8) feet
in height. Any fence shall be of sound construction and of solid vertical
board or ‘stockade’ type construction, and shall be maintained neatly
and in good repair. Such a fence shall not be used for advertising signs or
other displays that are visible from the main traveled way of a highway. Any
vegetation used for screening shall be of sufficient density so that it
effectively screens the area from view. Failure to provide screening as
required herein shall be considered a violation of this ordinance.
§4703.
ENFORCEMENT AND PENALTIES.
- Any junk or junk motor vehicle discovered in violation of §4702 of
this ordinance shall be removed or screened from the view of the traveled
way of the highway or Town road, or from the view of an adjoining property
from the approximate property line between the two properties, by the owner
of the land on which it is located, upon receiving written notice from the
Selectboard to do so.
- Additional Provisions for Junk Motor Vehicles.
(1)
If the owner of the land on which a junk motor vehicle is discovered in
violation of §4702 of this ordinance does not hold title or disclaims title to
the vehicle, and the true owner of the vehicle is known or can be ascertained,
the true owner shall move, screen or dispose of the vehicle upon receiving said
written notice.
(2)
If the last known registered owner fails or refuses to reclaim the
vehicle upon receiving said written notice, or if after an investigation the
owner of the vehicle cannot be ascertained, the Selectboard may notify the
Vermont Agency of Transportation.
(3)
If the owner of the junk motor vehicles does not remove or screen the
vehicle from view within thirty (30) days from the date of mailing of the
written notice by the Selectboard, the Selectboard may notify the Vermont Agency
of Transportation.
(4)
Further procedures by the Agency of Transportation are specified in 24
VSA §2272.
- A violation of this ordinance shall be a civil matter enforced in
accordance with the provisions of 24 VSA §1974a and §1977 et seq. A civil
penalty of not more than $50.00 per day may be imposed for violation of this
ordinance, beginning thirty (30) days after the Selectboard mails written
notification of violation. The waiver fee shall be set at $20.00 for the
first offense, $30.00 for the second offense within a six-month period, and
$40.00 for all subsequent offenses within a six-month period. Each day that
the violation continues shall constitute a separate violation of this
ordinance.
- Violations of this ordinance may lead to superior court action
seeking injunctive relief and civil penalties pursuant to 24 VSA §1974a.
§4704.
SEVERABILITY.
Each of the provisions of the ordinance is severable
and if any provision is held invalid for any reason, the remaining provisions
shall not be affected but shall remain in full force and effect.
§4705.
EFFECTIVE DATE
This
ordinance shall become effective sixty days after its adoption by the
Wallingford Selectboard. If a petition is filed under 24 VSA 1973, that statute shall
govern the taking effect of this ordinance.
Adopted this 21st day of August, 2000.
The Wallingford Selectboard |