HB 83 - Junkyards; screening or fencing
Georgia House of Representatives - 1995/1996 Sessions
HB 83 - Junkyards; screening or fencing
Page Numbers - 1/ 2/ 3/ 4/ 5
1. Pinholster 15th 2. Byrd 170th
House Comm: Ind / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/9/95 Read 1st Time
1/10/95 Read 2nd Time
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Rules Suspended to Introduce
Code Sections amended: 32-6-240, 32-6-241, 32-6-242, 32-6-243
HB 83 LC 16 3824
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 8 of Chapter 6 of Title 32 of the Official
1- 2 Code of Georgia Annotated, relating to control of junkyards,
1- 3 so as to define certain terms; to provide for limitations on
1- 4 the location of junkyards; to provide for screening
1- 5 requirements; to provide for notice; to provide for a lien
1- 6 against the junkyard for expenses of screening; to provide
1- 7 for regulations; to authorize acquisition and removal of
1- 8 junkyards; to provide for abatement of nuisances; to provide
1- 9 for related matters; to repeal conflicting laws; and for
1-10 other purposes.
1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-12 Article 8 of Chapter 6 of Title 32 of the Official Code of
1-13 Georgia Annotated, relating to control of junkyards, is
1-14 amended by striking Code Section 32-6-240, relating to
1-15 definitions, in its entirety and inserting in lieu thereof a
1-16 new Code Section 32-6-240 to read as follows:
1-17 "32-6-240. (Index)
1-18 As used in this article, the term:
1-19 (1) 'Automobile graveyard' means any establishment which
1-20 is maintained or used for storing, buying, or selling
1-21 wrecked, scrapped, ruined, or dismantled motor vehicles
1-22 or motor vehicle parts.
1-23 (2) 'Junk' means old or scrap copper, brass, rope, rags,
1-24 batteries, paper, trash, rubber, debris, or waste;
1-25 junked, dismantled, or wrecked automobiles, or parts
1-26 thereof; or iron, steel, and other old scrap ferrous or
1-27 nonferrous material.
1-28 (3) 'Junkyard' means any establishment which is
1-29 maintained or used for storing, buying, or selling junk
1-30 or for an automobile graveyard; and however, the term
1-31 shall not include garbage dumps, sanitary fills,
-1- (Index)
LC 16 3824
2- 1 permitted solid waste handling facilities, and scrap
2- 2 processor establishments.
2- 3 (4) 'Scrap processor' means any person, firm, or
2- 4 corporation engaged only in the business of buying scrap
2- 5 paper, scrap glass, scrap plastic, or scrap iron and
2- 6 metals, including but not limited to old automobiles,
2- 7 for the specific purpose of processing and recycling
2- 8 into raw material for remelting, reformulating, or
2- 9 repulping purposes only, and whose principal product is
2-10 ferrous and nonferrous scrap, for shipment to steel
2-11 mills, foundries, smelters, and refineries, scrap paper,
2-12 scrap glass, or scrap plastic for shipment to other
2-13 manufacturers for use as raw materials and who maintains
2-14 an established place of business in this state and has
2-15 facilities and machinery designed for such processing."
SECTION 2.
2-16 Said article is further is amended by striking Code Section
2-17 32-6-241, relating to restrictions on location of junkyards
2-18 in relation to rights of way of interstate or federal-aid
2-19 primary highways, in its entirety and inserting in lieu
2-20 thereof a new Code Section 32-6-241 to read as follows:
2-21 "32-6-241. (Index)
2-22 (a) It shall be unlawful for any person to establish,
2-23 operate, or maintain any junkyard, any portion of which is
2-24 within 1,000 feet of the nearest edge of the right of way
2-25 of any interstate or federal-aid primary highway, except:
2-26 (1) Those which are screened by natural objects,
2-27 plantings, fences, or other appropriate means or which
2-28 are otherwise removed from sight so as not to be visible
2-29 from the main traveled way of such highway systems any
2-30 interstate or federal-aid primary highway or any road of
2-31 a county or municipal road system;
2-32 (2) Those located within areas which are zoned for
2-33 industrial use under authority of law;
2-34 (3) Those located within unzoned industrial areas, which
2-35 areas shall be determined from actual land uses and
2-36 defined by regulations promulgated by the commissioner;
2-37 and
2-38 (4) Those which are not visible from the main traveled
2-39 way of the systems any interstate or federal-aid primary
-2- (Index)
LC 16 3824
3- 1 highway or any road of a county or municipal road
3- 2 system.
3- 3 (b) It shall be unlawful for any person to establish,
3- 4 operate, or maintain any junkyard any portion of which is
3- 5 within 100 feet of the banks of any river, stream, or
3- 6 other body of water unless specifically authorized by the
3- 7 governing authority of the county or municipality in which
3- 8 such junkyard is located."
SECTION 3.
3- 9 Said article is further amended by striking Code Section
3-10 32-6-242, relating to screening of junkyards, in its
3-11 entirety and inserting in lieu thereof a new Code Section
3-12 32-6-242 to read as follows:
3-13 "32-6-242. (Index)
3-14 (a) The department, in the case of a junkyard located
3-15 adjacent to a public road on an interstate or federal-aid
3-16 primary system or on any other road in the state highway
3-17 system; a county, in the case of a junkyard located
3-18 adjacent to a public road on a county road system; or a
3-19 municipality, in the case of a junkyard located adjacent
3-20 to a public road on a municipal road system shall give
3-21 written notice to the owner or operator of such junkyard
3-22 that such junkyard is not in compliance with the
3-23 requirements of this article. The notice shall inform the
3-24 owner or operator of such junkyard that such junkyard must
3-25 be brought into compliance within 90 days or the
3-26 department, county, or municipality, as applicable, may
3-27 take action to screen such junkyard and that the owner or
3-28 operator of such junkyard shall be liable for any expenses
3-29 of such screening. The notice shall inform the owner or
3-30 operator of the right to a hearing regarding the screening
3-31 of such junkyard. The right to such hearing shall be
3-32 deemed waived if the owner or operator fails to request a
3-33 hearing within 90 days following receipt of such notice.
3-34 If a hearing is requested, no action shall be taken by the
3-35 department, county, or municipality until after such
3-36 hearing has been held. If, after such hearing, it is
3-37 determined that the owner or operator of the junkyard is
3-38 in violation of this article, the department, county, or
3-39 municipality, whichever is applicable, may screen such
3-40 junkyard to bring it into compliance with this article.
3-41 (b) Any junkyard lawfully in existence on April 6, 1967,
3-42 which is within 1,000 feet of the nearest edge of the
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LC 16 3824
4- 1 right of way and visible from the main traveled way of any
4- 2 public road on the interstate or federal-aid primary
4- 3 system, shall, whenever feasible, be screened by the
4- 4 department so as not to be visible from such public road.
4- 5 Such junkyards Junkyards may be screened at locations
4- 6 either on the edge of the right of way of such a public
4- 7 road or on property acquired by the department, county, or
4- 8 municipality for that purpose outside such right of way.
4- 9 Whenever the commissioner determines that it is in the
4-10 best interest of the state, the department may acquire,
4-11 pursuant to any of the procedures for property acquisition
4-12 set forth in Article 1 of Chapter 3 of this title, such
4-13 property or interests therein outside existing public road
4-14 rights of way as may be necessary to provide adequate
4-15 screening of such junkyards.
4-16 (c)(1) The department or any county or municipality
4-17 which screens any junkyard pursuant to this Code section
4-18 shall maintain an itemized list of the expenses incurred
4-19 in screening such junkyard and a statement for such
4-20 expenses may be sent by registered mail to the owner or
4-21 operator of the junkyard. It shall be the duty of the
4-22 owner or operator to reimburse the department, county,
4-23 or municipality, as applicable. In the event the
4-24 expenses are not paid in full within 30 days of the
4-25 receipt of the itemized statement, a lien in favor of
4-26 the department, county, or municipality, whichever is
4-27 applicable, shall attach to the real property and
4-28 personal property comprising such junkyard. The
4-29 department, county, or municipality must file its claim
4-30 of lien within three months from the time it attaches
4-31 with the clerk of the superior court of the county in
4-32 which the property is located, which claim shall be in
4-33 substance as follows:
4-34 'The (State of Georgia, by the Department of
4-35 Transportation/The County of _____________/The City of
4-36 _________) claims a lien in the amount of _______ on
4-37 the __________ (description of the property) of
4-38 _____________ (owner or operator of the junkyard) for
4-39 satisfaction of a claim which became due on __________
4-40 (the date the claim was due) for the screening of said
4-41 junkyard.'
4-42 (2) The lien established in this subsection may be
4-43 enforced in the manner provided in Code Sections
4-44 44-14-530 and 44-14-550."
-4- (Index)
LC 16 3824
SECTION 4.
5- 1 Said article is further amended by striking Code Section
5- 2 32-6-243, relating to promulgation by department of
5- 3 regulations governing the screening and fencing of
5- 4 junkyards, in its entirety and inserting in lieu thereof a
5- 5 new Code Section 32-6-243 to read as follows:
5- 6 "32-6-243. (Index)
5- 7 The department, counties, and municipalities may
5- 8 promulgate uniform and reasonable regulations governing
5- 9 the screening or fencing of junkyards, including the
5-10 materials used in such screening or fencing and the
5-11 location, construction, and maintenance thereof, which
5-12 regulations shall require that such screening or fencing
5-13 be a minimum height of six feet and constructed or
5-14 composed of materials which block the visibility of such
5-15 junkyard."
SECTION 5.
5-16 All laws and parts of laws in conflict with this Act are
5-17 repealed.
-5- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97