§ 10-70. Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:

Junk dealer shall mean the owner and/or proprietor of an establishment or business who possesses the appropriate state and local occupational licenses or permits to engage in and who engages in the retail sale of salvaged junk.

Junked item is:

(1)

A "junked motor vehicle" as defined in this section;

(2)

Any unused major electrical appliance and/or parts thereof, including but not limited to a washing machine, clothes dryer, refrigerator, freezer, range or machinery or other metal, tin or other discarded item, which by reason of deterioration through rusting, rotting or otherwise has become inoperable and/or unusable for the purpose for which it was intended;

(3)

Machinery and/or equipment or parts thereof other than junked motor vehicles and unused major electrical appliances which, by reason of deterioration through rusting, rotting or otherwise, have become inoperable and/or unusable for the purpose for which they were intended;

(4)

Lumber, timber, trash, refuse, garbage and other construction debris, compost pile, wastepaper, boxes and crates and/or parts thereof placed in such a fashion as to spread or harbor disease, emit unpleasant odors or harmful gas or attract rodents, vermin or other disease-carrying pests, animals or insects.

Junked motor vehicle is any motor vehicle which does not have lawfully affixed thereto both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate, and the condition of which is one or more of the following: Wrecked, dismantled, partially dismantled, inoperative, or abandoned or discarded, the condition of the vehicle being such that it is considered to be a total loss. The term "total loss" shall mean:

(1)

That the cost to repair a damaged or dismantled vehicle exceeds the junk or salvage value of the vehicle, as determined by any recognized national appraisal book and/or a qualified appraiser of motor vehicles, or

(2)

The vehicle has been for at least six (6) consecutive and uninterrupted months in such a condition by reason of deterioration or the manner in which it is maintained that it is unusable as a self-propelled vehicle capable of travelling along the ground.

However, this definition shall not apply to any motor vehicle in operable condition specifically adapted or constructed for racing or operation on privately owned dragstrips or raceways; nor shall it apply to any motor vehicle retained by the owner for antique collection purposes rather than for salvage or for transportation.

Motor vehicle is any vehicle which is intended to be self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers and trailers.

Private property is any property, lot or parcel of land within the town which is privately owned and which is not public property as defined in this section.

Property shall mean either private property or public property as hereinafter defined.

Public property is any street or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular traffic, and shall also mean any other publicly owned property or facility.

Town is the Town of Berwick, a municipal corporation organized under the laws of the state acting pursuant to and under the police power vested in said town.

(Ord. No. 333, 5-10-88)