Delaware Code Title 17 Sec. 1206 – Screening, relocation, removal or disposal of lawfully preexisting …
Any junkyard lawfully in existence on the effective date of this chapter any portion of which is within a controlled area and which is not in any of the classes specified in § 1205(a)(2), (3) and (4) of this title shall be screened, if physically and economically feasible, by the Department at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way, so as not to be visible from the main-traveled way of the highway of the interstate or primary systems. Any such junkyard which the Department determines cannot, as a practical matter, be screened pursuant to this section shall be relocated, removed or disposed of by the owner thereof.
17 Del. C. 1953, § ?1206; 56 Del. Laws, c. 253, § ?2; 61 Del. Laws, c. 166, § ?7;
Terms Used In Delaware Code Title 17 Sec. 1206
- controlled area: means , and "controlled areas" includes, any area inside the boundaries of this State which is adjacent to and within 1,000 feet of the nearest edge of the right-of-way of a highway of the interstate system or the primary system. See Delaware Code Title 17 Sec. 1202
- Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
- highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
- 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. See Delaware Code Title 17 Sec. 1202
- Main-traveled way: means the traveled way of a highway on which through traffic is carried. See Delaware Code Title 17 Sec. 1202
- Visible: means capable of being seen without visual aid by a person of normal visual acuity. See Delaware Code Title 17 Sec. 1202