§ 54-20-101. Short Title
This part shall be known and may be cited as the “Junkyard Control Act of 1967.”
§ 54-20-102. Purpose of Part
For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the establishment, operation and maintenance […]
§ 54-20-103. Part Definitions
As used in this part: “Automobile graveyard” means any establishment or place of business that is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Ten (10) or more of those vehicles constitute an automobile graveyard; “Commissioner” means the commissioner of transportation; “Department” […]
§ 54-20-104. Restrictions as to Location Along Certain Highways
No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand feet (1,000′) of the nearest edge of the right-of-way of any interstate or primary highway, except the following: Those that are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from […]
§ 54-20-105. Screening by Department of Transportation
Any junkyard lawfully in existence on October 1, 1969, that is within one thousand feet (1,000′) of the nearest edge of the right-of-way and visible from the main traveled way of any highway on the interstate or primary system, shall be screened, if feasible, by the department at locations on the highway right-of-way or in […]
§ 54-20-106. Rulemaking Power of Commissioner
The commissioner is given the authority to promulgate and enforce rules and regulations required to carry out this part and 23 U.S.C. § 136, and to define those types of materials suitable for screening.
§ 54-20-107. Acquisition of Interests in Lands — Removal — Screening
Whenever the department determines that the topography of the land adjoining the highway will not permit adequate screening of the junkyards, or the screening of the junkyards would not be economically feasible, the department shall have the authority to acquire by gift, purchase, exchange, or condemnation interests in lands as may be necessary to secure […]
§ 54-20-108. Nuisance — Injunction
The department may apply to any court in the county in which the junkyards are located for an injunction to abate the nuisance. The district attorneys general are authorized to assist the department in the enforcement of this part.
§ 54-20-109. More Restrictive Law Unaffected
Nothing in this part shall be construed to abrogate or affect any lawful ordinance, regulation, or resolution that is more restrictive than this part.
§ 54-20-110. Agreements With Federal Government Authorized
The commissioner is authorized to enter into agreements with the United States secretary of transportation as provided by title 23 of the United States Code relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms […]
§ 54-20-113. Unlawful Locations of Vehicle Junkyards — Local Regulation
It is unlawful for any junkyard located within one thousand feet (1,000′) of the nearest edge of the right-of-way of any interstate or primary highway to operate without a junkyard control permit, which permits are authorized to be issued by the commissioner. Permits shall be valid for the fiscal year for which issued and shall […]
§ 54-20-122. Local Regulation of Junkyards
Nothing contained in this part shall be construed as prohibiting the legislative authority of cities and towns from regulating junkyards within their respective jurisdictions; provided, that the rules or regulations are at least as stringent as those promulgated pursuant to the authority contained in this part. Any metropolitan, city or county rule, regulation, ordinance or […]
§ 54-20-123. Applicability of Part
All provisions of this part, except § 54-20-113, shall apply to automotive dismantlers and recyclers, as defined in § 55-17-102, that are licensed pursuant to §§ 55-17-109(b) and 55-17-112. It is the express legislative intent that this part not include a city street unless the city street is also a state or federal highway. This […]
§ 54-20-124. Violations — Penalty
Any person who establishes, operates or maintains a junkyard, or who fails to obtain a permit, contrary to this part commits a Class C misdemeanor. Each day’s subsequent violation constitutes a separate offense.