CHAPTER 166

FORMERLY

SENATE BILL NO. 249

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 12, TITLE 17, DELAWARE CODE, PROVIDING FOR CHANGES TO BRING DELAWARE LAW INTO CONFORMANCE WITH FEDERAL GUIDELINES RELATIVE TO REGULATION OF JUNKYARDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all members elected to each House thereof concurring therein).

Section 1. Amend §1202(b)(3), Chapter 12, Title 17, Delaware Code by striking paragraph 3 in its entirety and substituting

in lieu thereof a new paragraph 3 to read as follows:

"(3) 'Junkyard' means an establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. This definition includes scrap metal processors, auto-wrecking yards, salvage yards, scrap yards, autorecycling yards, used auto parts yards and temporary storage of automobile bodies and parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. The definition includes garbage dumps and sanitary landfills. The definition does not include litter, trash, and other debris scattered along

or upon the highway, or temporary operations and outdoor storage of limited duration."

Section 2. Amend §1202(b), Chapter 12, Title 17, Delaware Code by adding thereto the following new definitions:

"(9) 'Nonconforming Junkyard' is one which was lawfully established, but which does not comply with the provisions

of the Laws of the State of Delaware or Department regulations passed at a later date or which later fails to comply with such law or regulations due to changed conditions.

(10) 'Illegal Junkyard' means any junkyard which was established, operated and/or maintained in violation of Delaware Law.

(11) 'Zoned Industrial Areas' means those areas which are zoned for industry or manufacturing pursuant to a State, County or local zoning authority.

(12) 'Unzoned Industrial Areas' means those areas not zoned by any State, County or local authority, but used

primarily for industrial purposes as determined by the Department. The following activities shall not be considered industrial:

(i) Outdoor Advertising Structures.

(13) 'Main Traveled Way' means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas."

Section 3. Amend §1203, Chapter 12, Title 17, Delaware Code by deleting existing subsection (c) in its entirety and relettering present Subsection (d) to (c).

Section 4. Amend subsection (c) of §1203, Chapter 12, Title 17, Delaware Code by adding "except for the requirement of §1204 of this Chapter" immediately after the second "limits" contained therein.

Section 5. Amend §1204(b), Chapter 12, Title 17, Delaware Code by deleting the words "permits" and "permit" as they appear and in their place insert "licenses" and "license" respectively.

Section 6. Amend §1205, Chapter 12, Title 17, Delaware Code by deleting excepting subsections (a) and (b) in their entirety and replacing with the following:

"(a) No license shall be granted for the establishment, maintenance or operation of a junkyard any portion of which is within a controlled area except the following:

(1) Junkyards which are lawfully in existence on the effective date of this Chapter;

(2) Junkyards which are screened by natural objects, plantings, fences or other means found appropriate by the Department so as not to be visible from the main traveled way of the highway of the interstate or primary systems;

(3) Junkyards located within areas which are zoned for industrial use under the laws of this State;

(4) Junkyards located within unzoned industrial areas which the Department shall find are used for industrial activities.

(b) No such license shall be granted for a junkyard which is permitted in a controlled area under this Chapter solely because of the provisions of paragraphs (3) and (4)

of this subsection unless such junkyard is fenced in the manner provided in paragraph (3) of subsection (c) hereof.

(c) No license shall be granted for a junkyard which is not located within the limits of an incorporated municipality and which is within 1,000 feet of the nearest edge of the right-of-way of a public highway of this State other than a highway of the interstate or primary systems except the following:

(1) Junkyards lawfully in existence on the effective date of this Chapter;

(2) Junkyards which are screened by natural objects, plantings, fences, or other means found appropriate by the Department so as not to be visible from the main traveled way of public highway;

(3) Junkyards which have a fence parallel to the public highway for the full length of the yard along the highway and a further fence extending back from the parallel fence the full length of the junkyard or for a distance of 1,000 feet, whichever distance shall be shorter, which fence or fences shall be at least 7 feet in height and shall to the extent of such height render the junkyard not visible from the view of persons traveling on the main traveled way of the public highway.

Section 7. Amend §1206, Chapter 12, Title 17, Delaware Code by deleting the words "on or before July 1, 1970" as they appear in this section.

Section 8. Amend §1207 (2), Chapter 12, Title 17, Delaware Code by inserting the words "and maintained" immediately after the word "established" as it appears in this subsection.

Approved July 18, 1977.