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S.197
Introduced by Senator Doyle of Washington County and Senator Cummings
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of Washington County
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Referred to Committee on
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Date:
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Subject: Municipal government; agency of transportation; junkyards;
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abandoned motor vehicles
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Statement of purpose: This bill proposes to modernize the statutes regarding
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junkyards and abandoned motor vehicles.
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AN ACT RELATING TO JUNKYARDS AND ABANDONED MOTOR
VEHICLES
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It is hereby enacted by the General Assembly of the State of Vermont:
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Sec. 1. 24 V.S.A. § 2241 is amended to read:
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§ 2241. DEFINITIONS
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For the purposes of this subchapter:
* * * [Text Not Reproduced] * * *
(2) "Board" "Agency" means the state transportation board agency of
transportation, or its duly delegated representative.
* * * [Text Not Reproduced] * * *
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(5) "Junk" means old or scrap copper, brass, iron, steel and other old or
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scrap or nonferrous material, including but not limited to rope, rags, batteries,
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glass, rubber debris, waste, trash or any discarded, dismantled, wrecked,
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scrapped or ruined motor vehicles or parts thereof. Also included is any motor
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vehicle which contains one or more objects that are not relevant to the
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operation or performance of that motor vehicle.
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(6) "Junk motor vehicle" means a motor vehicle damaged beyond
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cost-effective repair or an abandoned, discarded, dismantled, wrecked,
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scrapped or ruined motor vehicle with physical appearance or condition that
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potentially may result in physical harm or physical injury to the public
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(without regard to property ownership or location), or parts thereof, or one
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other than an on-premise utility vehicle which is allowed to remain
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unregistered or uninspected for a period of ninety 90 days from the date of
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discovery.
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(7) "Junkyard" means any place of outdoor storage or deposit which is
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maintained, operated or used in connection with a business for storing,
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keeping, processing, buying or selling junk or as a scrap metal processing
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facility. "Junkyard" also means any place of outdoor storage or deposit, not in
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connection with a business which is maintained or used for storing or keeping
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four or more junk motor vehicles which are visible from any portion of a
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public highway. However, the term does not include a private garbage dump
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or a sanitary landfill which is in compliance with section 2202 of this title and
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the regulations of the secretary of human services of a junk motor vehicle
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which is utilized for storing, keeping, processing, buying or selling junk for
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processing or use on or off premises or is maintained or used for storing or
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keeping two or more junk motor vehicles. Also included is any nonenclosed
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structure designed or used for the storage or sale of vehicles or parts from a
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motor vehicle. It does not mean a garage or service station where a wrecked or
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disabled motor vehicles are damaged vehicle is stored for less than 90 10
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calendar days for inspection or repairs.
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* * * [Text Not Reproduced] * * *
(9) "Main traveled way" means the portion of a highway designed for
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the movement of motor vehicles, shoulders, auxiliary lanes, and roadside
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picnic, parking, rest, and observation areas and other areas immediately
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adjacent and contiguous to the traveled portion of the highway and designated
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by the transportation board agency of transportation as a roadside area for the
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use of highway users and generally but not necessarily located within the
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highway right-of-way.
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* * * [Text Not Reproduced] * * *
(11) "Notice" means by certified mail with return receipt requested
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notice given in person or in writing sent by first class mail to the last known
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address, to be deemed effective upon the giving of notice, if given in person, or
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three days after the deposit of the notice in the United States mail, if made in
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writing.
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(12) "Scrap metal processing facility" means a manufacturing business
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which purchases sundry types of scrap metal from various sources including
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the following: industrial plants, fabricators, manufacturing companies,
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railroads, junkyards, auto wreckers, salvage dealers, building wreckers, and
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plant dismantlers and sells the scrap metal in wholesale shipments directly to
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foundries, ductile foundries and steel foundries where the scrap metal is melted
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down and utilized in their manufacturing process.
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Sec. 2. 24 V.S.A. § 2243 is amended to read:
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§ 2243. AGENCY OF TRANSPORTATION; RESPONSIBILITIES; DUTIES
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The agency of transportation is designated as the state agency for the
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purpose of carrying out the provisions of this subchapter and shall have the
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following additional responsibilities and powers:
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(1) It may make such reasonable adopt rules and regulations as it deems
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necessary including rules relating to enforcement priorities, provided such the
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rules and regulations do not conflict with any federal laws, rules and
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regulations, or the provisions of this subchapter.
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(2) It shall enter into agreements with the United States Secretary of
Transportation or his the secretary’s representatives in order to designate those
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areas of the state which are properly zoned or used for industrial activities, and
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to arrange for federal cost participation.
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* * * [Text Not Reproduced] * * *
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(7) It shall may conduct a continuing survey of all from the highways of
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the state for the purpose of determining the status of junkyards affected and
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that the provisions of this subchapter are properly observed.
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* * * [Text Not Reproduced] * * *
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Sec. 3. 24 V.S.A. § 2245 is amended to read:
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§ 2245. INCINERATORS, SANITARY LANDFILLS, ETC., SOLID WASTE
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MANAGEMENT FACILITIES EXCEPTED
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The provisions of this subchapter shall not be construed to apply to
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incinerators, sanitary landfills, or open dumps wholly owned or leased and
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operated by a municipality for the benefit of its citizens, or to any private
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garbage dump or any sanitary landfill solid waste management facilities which
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is are in compliance with section 2202 of this title and the regulations of the
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secretary of human services 3 V.S.A. §§ 2801-2824, 10 V.S.A. §§ 6601-6617,
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24 V.S.A. §§ 2201-2206 and the rules of the secretary of natural resources.
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Sec. 4. 24 V.S.A. § 2253(c) is amended to read:
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(c) Notwithstanding any provision of this subchapter, junkyards and scrap
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metal processing facilities, may be operated within areas adjacent to the
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interstate and primary highway systems, which are within one thousand 1,000
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feet of the nearest edge of the right-of-way, provided they are zoned industrial
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under authority of state law, or if not zoned industrial under authority of state
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law, are used for industrial activities as determined by the board agency with
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the approval of the United States Secretary of Transportation.
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Sec. 5. 24 V.S.A. § 2257(a), (d), and (e) are amended to read:
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(a) Junkyards A junkyard shall be screened by a fence or vegetation which
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effectively screens it from view from the any highway, and have a gate which
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shall be closed, except when entering or departing the yard.
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(d) Where the topography, natural growth of timber or other natural barrier
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screen the junkyard from view in part, the board agency shall upon prior to
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granting the license, require the applicant to screen only those parts of the
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junkyard not so screened.
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(e) A junkyard prohibited by section 2253(b) of this title which is lawfully
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in existence on the effective date of this subchapter and cannot be effectively
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or economically screened by natural objects, plantings, fences, or other
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appropriate means so as not to be visible from the main traveled way at any
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season of the year by January 1, 1968, shall be removed, provided its removal
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need not be completed prior to July 1, 1970. A junkyard prohibited by section
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2253(b) of this title which is lawfully established after the effective date of this
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subchapter shall be screened or removed at the time it becomes
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nonconforming.
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Sec. 6. 24 V.S.A. § 2264 is amended to read:
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§ 2264. COMPENSATION
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Notwithstanding that this subchapter is established under the state's police
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power for the general welfare and public good, just compensation shall be paid
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to an owner affected for his reasonable and necessary costs incurred for the
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landscaping or other adequate screening, or the removal, relocation, or disposal
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of the following junkyards affected by this subchapter:
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(1) Those lawfully in existence on the effective date of this subchapter.
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(2) Those lawfully established after the effective date of this subchapter
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but which, because of a change in status of an existing highway, or the
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establishment, relocation, or change in grade of the highway are brought within
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the prohibitions of this subchapter.
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Sec. 7. 24 V.S.A. § 2282 is amended to read:
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§ 2282. PENALTY
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A person who violates this subchapter shall be fined not less than $5.00
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$10.00 nor more than $50.00 $100.00 for each day of the violation.
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Sec. 8. 24 V.S.A. § 2283 is amended to read:
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§ 2283. APPEALS
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After exhausting the right of administrative appeal to the board under
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section 5(d)(5) of Title 19, a person aggrieved by any order, act or decision of
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the agency may appeal to the superior court under the provisions of Rule 75 of
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the Vermont Rules of Civil Procedure, and all proceedings shall be de novo.
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Any person, including the agency, may appeal to the supreme court from a
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judgment or ruling of the superior court.
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Sec. 9. REPEAL
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24 V.S.A. § 2244 (authority of transportation board to adopt rules for
payment of compensation) is repealed.