Section 236:115 – Application for License and Certificate of Approval.
236:115 Application for License and Certificate of Approval. – Application for the license and the certificate of approved location shall be made in writing to the local governing body of the municipality where it is proposed to locate the junk yard or automotive recycling yard. In municipalities having a zoning ordinance and a zoning […]
Section 236:116 – Time of Hearing.
236:116 Time of Hearing. – A hearing on the application shall be held within the municipality not less than 2 nor more than 4 weeks from the date of the receipt of the application by the local governing body. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to […]
Section 236:117 – License Requirements.
236:117 License Requirements. – At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard or automotive recycling yard. In passing upon the application, it shall take […]
Section 236:118 – Location Requirements.
236:118 Location Requirements. – I. At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof […]
Section 236:104 – Compensation.
236:104 Compensation. – Just compensation shall be paid the owner for the relocation, removal, or disposal of any junk yard lawfully established under state law, which is required to be removed, relocated, or disposed of pursuant to 23 U.S.C. § 136. No rights to compensation accrue until a taking or removal has occurred. Notwithstanding […]
Section 236:105 – Acceptance of Federal Funds.
236:105 Acceptance of Federal Funds. – The commissioner of transportation may accept any allotment of funds by the United States, or any department or agency thereof, for the foregoing purposes. The commissioner is authorized to landscape, screen or acquire land or interest in land as may be required to effectively control junk yards in […]
Section 236:106 – Penalty.
236:106 Penalty. – A person shall be guilty of a violation for each day or fraction thereof in which he is in violation of the provisions of this subdivision. All fines collected hereunder shall be deposited in the highway fund. Source. 1939, 50:4. RL 165:25. RSA 249-B:17; 267:4. 1967, 252:1. 1973, 528:151; 531:77. 1981, […]
Section 236:107 – Injunction.
236:107 Injunction. – In addition to the penalty in RSA 236:106 the commissioner of transportation may obtain a mandatory injunction to end the violation. Source. RSA 249-B:18. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).
Section 236:108 – Limitation on Subdivision.
236:108 Limitation on Subdivision. – The provisions of this subdivision shall be declared to be null and void by the governor at any time when such action is recommended by the commissioner of transportation because the operation of said subdivision is no longer necessary (1) to comply with federal laws and regulations and such […]
Section 236:109 – Right to Enter.
236:109 Right to Enter. – The commissioner of transportation or his representative at his discretion may enter a junk yard or automotive recycling yard for inspection without incurring any liability to the property owner or junk yard or automotive recycling yard owner. Source. RSA 249-B:20. 1971, 81:7. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:9, […]