[As Further Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 478
By Committee on Transportation and Tourism
1-25
12 AN ACT amending
the junkyard and salvage control act; relating to
13 county and township
highways; amending K.S.A. 68-2204, 68-2205 and
14 68-2207 and repealing
the existing sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 68-2204 is hereby amended to read as follows:
68-
18 2204. No person shall establish,
operate, or maintain a junkyard, any por-
19 tion of which is within one
thousand (1,000) 1,000 feet of the nearest
20 edge of the right-of-way of any street or
highway on the interstate system
21 or the primary system, or any
portion of which is within one thousand
22 (1,000)
1,000 feet of the nearest edge of
the right-of-way of any other
23 state, county,
township highway, road, or city street, except the
following:
24 (a) Those which
are screened by natural objects, plantings,
fences, or
25 other appropriate means so as not to be
visible from the main traveled
26 way of the street or highway, or otherwise
removed from sight.
27 (b) Those located
within areas which are zoned for industrial use
28 under authority of law.
29 (c) Those located
within unzoned industrial areas, which areas shall
30 be determined from actual land uses and
defined by rules and regulations
31 to be adopted by the secretary of
transportation.
32 (d) Those which
are not visible from the main traveled way of a street
33 or highway on the interstate or the primary
systems, or any other state,
34 county, township highway, road, or
city street.
35 Sec.
2. K.S.A. 68-2205 is hereby amended to read as follows:
68-
36 2205. No person shall establish,
operate, or maintain a junkyard, any por-
37 tion of which is within 1,000 feet of the
nearest edge of the right-of-way
38 of any street or highway on the interstate
or the primary systems, or any
39 other portion of which is within
1,000 feet of the nearest edge of the
40 right-of-way of any other state,
county, township highway, road or city
41 street, without obtaining
a certificate of compliance from the secretary of
42 transportation, which certificates shall be
issued only for junkyards not
43 prohibited by K.S.A. 68-2204, and
amendments thereto. The secretary of
2
1 transportation shall have the sole
authority to issue certificates of com-
2 pliance for the establishment,
maintenance and operation of junkyards
3 within the limits defined herein,
except that an initial application for a
4 certificate of compliance must show
that such junkyards were approved
5 by a local governing body if such
approval is required by the local gov-
6 erning body. The secretary of
transportation shall charge an annual fee
7 of $50 payable on or before January
1. Anyone establishing a junkyard
8 after July 1 of any year shall pay a
fee of $25 for the remaining portion
9 of the year. No city or county
governing body shall be required to pay
10 any fees provided for herein. All licenses
issued under this section shall
11 expire on January 1 following the date of
issue. A certificate of compliance
12 may be renewed from year to year upon
paying to the secretary of trans-
13 portation the sum of $50 in advance for
such renewal.
14 Any person who shall
willfully or intentionally refuse to make an orig-
15 inal application or renewal application, or
to pay the annual certificate of
16 compliance fee, as prescribed in this act,
shall be deemed delinquent on
17 and after February 16 of any year, or in
cases where business is estab-
18 lished after the first of the year such
person shall be deemed delinquent
19 on and after 45 days after establishment of
the business and shall be
20 assessed a penalty fee by the secretary of
transportation of $1 per day for
21 each day such person continues to do
business until the application is
22 made and the fees have been paid. After
such time it shall be unlawful
23 for the owner, or any person, to operate
the junkyard. Proceeds from
24 such fees shall be deposited with the state
treasurer in the state highway
25 fund and be subject to disbursement as
provided by law to defray the
26 expenses of administering the provisions of
this act. Whenever any person
27 required to be certified under this act
fails to make application with the
28 secretary of transportation, or to pay the
certificate of compliance fee
29 when due, or continues to do business when
the secretary of transpor-
30 tation has denied, suspended or revoked
such application or certificate of
31 compliance, the secretary of transportation
may file an action to enjoin
32 such person from operating in violation of
this act.
33 Sec.
3. K.S.A. 68-2207 is hereby amended to read as follows:
68-
34 2207. Any junkyard which was lawfully in
existence on May 4, 1967, and
35 duly certified in the subsequent year and
which is within 1,000 feet of
36 the nearest edge of the right-of-way and
visible from the main traveled
37 way of any street or highway on the
interstate or the primary systems and
38 any junkyard within 1,000 feet of
the nearest edge of the right-of-way and
39 visible from the main traveled way
of any other state, county, township
40 highway, road or city
street, and which is not located as specified in sub-
41 section (b) or (c) of K.S.A. 68-2204, and
amendments thereto, shall be
42 screened, if feasible and if federal funds
are available, by the secretary of
43 transportation at locations on the highway
right-of-way or in areas ac-
3
1 quired for such purposes outside the
right-of-way so as not to be visible
2 from the main traveled way of such
highway.
3 Sec. 4. K.S.A. 68-2204,
68-2205 and 68-2207 are hereby repealed.
4 Sec. 5. This act
shall take effect and be in force from and after its
5 publication in the statute book.