Chapter 19 - Junkyard Control
CHAPTER 19 - JUNKYARD CONTROL
33-19-101. Citation of chapter.
Thisact may be cited as the Junkyard Control Act.
33-19-102. Declaration of legislative policy; nonconforming junkyardsdeemed public nuisance.
Itis hereby declared to be in the public interest to regulate and restrict theestablishment, operation, and maintenance of junkyards in areas adjacent to theinterstate and primary highway systems within this state. The legislaturehereby finds and declares that junkyards which do not conform to therequirements of this act are public nuisances.
33-19-103. Definitions.
(a) Unless the context requires otherwise, the following termswhen used have the meanings assigned to them:
(i) Junk. Old or scrap copper, brass, rope, rags, batteries,paper, trash, rubber debris, waste, or junked, dismantled or wreckedautomobiles, or parts thereof, iron, steel, and other old or scrap ferrous ornonferrous material;
(ii) Automobile Graveyard. Any establishment or place ofbusiness which is maintained, used, or operated for storage, keeping, buying orselling wrecked, scrapped, ruined, or dismantled motor vehicles or motorvehicle parts;
(iii) Junkyard. An establishment or place of business which ismaintained, operated or used for storing, keeping, buying or selling junk, orfor the maintenance or operation of an automobile graveyard, and the term shallinclude garbage dumps and sanitary fills;
(iv) Interstate System. That portion of the national system ofinterstate and defense highways located within this state, as officiallydesignated, or as may hereafter be so designated by the transportationcommission and approved by the United States department of transportationpursuant to the provisions of title 23, United States Code,"Highways";
(v) Primary System. That portion of connected main highways, asofficially designated or as may hereafter be so designated by thetransportation commission and approved by the United States department of transportationpursuant to the provisions of title 23, United States Code,"Highways";
(vi) Commission. Transportation commission of Wyoming;
(vii) Engineer. State highway engineer or his duly authorizedrepresentative;
(viii) Federal Interstate System. National system of interstateand defense highways;
(ix) Person. Any individual, firm, agency, company, association,partnership, business, trust, joint stock company, or corporation who operatesor allows a junkyard to be placed or to remain on premises controlled by him.
33-19-104. Time for compliance for previously lawfully establishedjunkyards.
(a) Except as otherwise provided in this act, the owner of anyjunkyard that was lawful when established, but that is in violation of W.S.33-19-105(b) and that cannot, as a practical matter to be determined by theengineer, be screened, may maintain such junkyard without liability under W.S.33-19-110 as follows:
(i) If the junkyard was established on or before October 22,1965, along a portion of a highway on the federal interstate system or thefederal aid primary system, the junkyard may be maintained until, but notbeyond July 1, 1970;
(ii) If the junkyard was established after October 22, 1965 andif the portion of the highway along which it was established became a part ofthe federal interstate system of the federal aid primary system after October22, 1965, the junkyard may be maintained until, but not beyond five (5) yearsafter the date of erection or the date the portion of the highway involvedbecame a part of the federal interstate system or the federal aid primarysystem, whichever date is later.
33-19-105. When license required; license fee; limitations on issuanceof license.
(a) No person shall establish, operate or maintain a junkyard,any portion of which is within one thousand (1,000) feet of the nearest edge ofthe right-of-way of the interstate or primary systems, without obtaining ajunkyard license from the commission. The commission shall establish andcollect fees for the issuance of junkyard licenses, and all fees collectedshall be paid to the commission.
(b) No junkyard license shall be issued for the establishment,operation or maintenance of a junkyard within one thousand (1,000) feet to thenearest edge of the right-of-way of the interstate or primary systems exceptfor junkyards:
(i) Screened by natural objects, plantings, fences or otherappropriate means so as not to be visible from the main traveled way of theinterstate or primary systems, or otherwise removed from sight; or
(ii) Located within areas zoned for industrial use underauthority of law; or
(iii) Located within unzoned industrial areas as determined fromactual land uses and defined by regulations promulgated by the commission; or
(iv) Those which are not visible from the main traveled way ofthe highway system.
33-19-106. Screening; relocation or removal of junkyards; condemnationproceedings.
(a) If considered feasible by the commission, any junkyard inexistence on the effective date of this act which is located within onethousand (1,000) feet of the nearest edge of the right-of-way of the interstateor primary systems and is visible from the main traveled way of the interstateor primary systems shall be screened by the commission. The screening shall beat locations on the right-of-way or in areas outside the right-of-way acquiredfor the purpose, so that the junkyard is not visible from the main traveled wayof the interstate or primary systems.
(b) When the commission determines that the topography of theland adjoining the interstate or primary systems will not permit adequatescreening of such junkyards, or that the screening would not be economicallyfeasible, the commission may require the relocation, removal or disposal of thejunk and junkyard by negotiation or condemnation. When the commissiondetermines that it is in the best interests of the state, it may acquire suchland or interest in land as necessary to provide adequate screening of thejunkyards.
(c) Damages resulting from any taking of property in eminentdomain shall include, but not be limited to acquisition costs, leasehold valueand moving costs.
33-19-107. Injunction to abate junkyards which are nuisances.
Theestablishment, operation or maintenance of any junkyard contrary to theprovisions of this act is a public nuisance and the commission may apply to thedistrict court of the county in which the junkyard is located for an injunctionto abate the nuisance.
33-19-108. Agreements with secretary of commerce.
Thecommission may enter into agreements with the secretary of commerce pursuant totitle 23, United States Code, relating to the control of outdoor advertisingand junkyards in areas adjacent to the interstate and primary systems, and totake action in the name of the state to comply with the terms of theagreements.
33-19-109. More restrictive ordinances or regulations saved; justcompensation required for taking of property.
Nothingin this act affects the provision of any lawful ordinance or regulation whichis more restrictive than the provisions of this act, and nothing authorizes thetaking of real or personal property, or restriction of its reasonable andexisting use, without just compensation.
33-19-110. Violation a misdemeanor.
Anyperson violating any provision of this act is guilty of a misdemeanor.