California Streets and Highways Code 745 – The Legislature hereby finds and declares that:(a) The …
The Legislature hereby finds and declares that:
(a) The establishment, use, and maintenance of junkyards in areas adjacent to any interstate or primary highway should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in such highways, and to preserve the natural beauty of areas adjacent to such highways. The Legislature finds that motorists are distracted by unscreened junkyards adjacent to such highways and that a junkyard visible from such a highway constitutes a hazard to the safety of the traveling public.
Terms Used In California Streets and Highways Code 745
- Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
- Highway: includes all, or any part, of the entire width of the right-of-way of a state highway, whether or not the entire area is actually used for highway purposes. See California Streets and Highways Code 660
- Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled or wrecked motor vehicles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. See California Streets and Highways Code 746
- Junkyard: means any 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. See California Streets and Highways Code 746
- maintenance: includes any of the following:
California Streets and Highways Code 27
- Primary highway: means any highway, other than an interstate highway, at any time officially designated as a part of the federal-aid primary system by appropriate authority of the federal government. See California Streets and Highways Code 746
- Visible: means capable of being seen without visual aid by a person of normal visual acuity while driving on the main traveled way of an interstate or primary highway. See California Streets and Highways Code 746
(b) It is the intent of the Legislature, by the enactment of this article, to provide for the state control of junkyards required by Section 136 of Title 23 of th United States Code.
(c) The recycling industry plays an important role in the conservation of our state resources. In support of that role, should removal of junk or scrap from a nonconforming junkyard be necessary because such junk or scrap is visible from any interstate or primary highway, then the department may either purchase such junk or scrap and move it to a recycling center or pay the costs of moving the junk or scrap to a recycling center, whichever is less expensive.
(Amended by Stats. 1977, Ch. 919.)