ARTICLE 5. Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities [745. - 759.3.]
Article 5 added by Stats. 1966, 1st Ex. Sess., Ch. 125.
§§ 745–759.3 · 20 sections
- § 745 The Legislature hereby finds and declares that: (a) The establishment, use, and maintenance of junkyards in areas adjacent to any interstate or primary highway…
- § 746 As used in this article: (a) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled or wrecked…
- § 746.1 “Nonconforming junkyard” means either of the following: (a) A junkyard lawfully in existence on October 6, 1966, but which does not conform to the requirements…
- § 746.2 Nonconforming junkyards may continue in existence as long as they are not extended, enlarged, or changed in use, and are otherwise lawfully maintained. If the…
- § 746.3 An illegal junkyard is one which is either: (a) Established or is maintained in violation of this article and does not come within the definition of a…
- § 747 Except as hereafter provided, no junkyard shall be established, operated, or maintained if any portion of the junkyard is within 1,000 feet of the nearest edge…
- § 747.1 Sanitary landfills need not be screened to satisfy the requirements of this article but landscaping shall be required when the fill has been completed and…
- § 748 (a) Any nonconforming junkyard, as soon as the maximum federal share under Section 136 of Title 23, United States Code, is available for that purpose, shall be…
- § 749 The department may also screen any junkyards located within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway and located…
- § 751 The department is authorized to acquire such interests in real and personal property as may be necessary to effect the screening, recycling, relocation,…
- § 751.1 The Legislature hereby declares that the acquisition of interests in real and personal property to effect the screening, relocation, removal, or disposal of…
- § 752 If federal law should be interpreted as requiring the states to pay just compensation with regard to the relocation, removal, or disposal of junkyards, just…
- § 753 The commission is authorized to allocate funds from the State Highway Account in the State Transportation Fund for all of the following purposes: (a) Costs of…
- § 754 Any junkyard which is established or maintained in violation of the provisions of this article or the regulations prescribed thereunder is a public nuisance…
- § 755 The director may screen, relocate, remove or dispose of any illegal junkyard after 30 days’ written notice posted on such property and a copy forwarded by mail…
- § 756 Every illegal junkyard is a public nuisance and every person, as principal, agent or employee, violating any of the provisions of this article or the…
- § 757 The remedies provided in this article for the removal of junkyards are cumulative and not exclusive of any other remedies provided by law.
- § 758 The director may enter into agreements with the Secretary of Transportation of the United States and accept any allotment of funds as provided by Section 136…
- § 759 The director shall prescribe and enforce regulations governing the establishment, screening, relocation, removal, or disposal of junkyards as provided in this…
- § 759.3 It is declared to be the intent of the Legislature in enacting this article to establish minimum standards with respect to the regulation of outdoor junkyards.…