Florida § 339.241 - Florida Junkyard Control Law.

§ 339.241. Florida Junkyard Control Law.

(1) SHORT TITLE. — This section shall be known as the “Florida Junkyard Control Law.” (2) DEFINITIONS. — Wherever used or referred to in this section, unless a different meaning clearly appears from the context, the term: (a) “Areas zoned for industrial use” means all areas zoned for industrial use by governmental entities within the state or an unzoned industrial area approved by the department. Such areas must be based upon the existence of at least one industrial activity other than the junkyard or scrap metal processing plant. (b) “Automobile graveyard” means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (c) “Distance from edge of right-of-way” means the distance presently defined in 23 U.S.C. s. 136(g). (d) “Federal-aid primary highway” means any highway within that portion of the State Highway System as included and maintained under chapter 335, including extensions of such system within municipalities, which has been approved by the Secretary of Transportation pursuant to 23 U.S.C. s. 103(b). (e) “Fence” means an enclosure so constructed or planted and maintained as to obscure the junkyard from ordinary view to those persons passing upon the highways in this state. (f) “Interstate highway” means the system presently defined in 23 U.S.C. s. 103(e). (g) “Junk,” “junkyard,” and “scrap metal processing facility” mean the same as defined in 23 U.S.C. s. 136. (3) RESTRICTIONS AS TO LOCATION. — No junk, junkyard, automobile graveyard, or scrap metal processing facility shall be operated or maintained within 1,000 feet of the nearest edge of the right-of-way of any interstate or federal-aid primary highway, except: (a) A junkyard which is screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway or which is otherwise removed from sight. (b) A junkyard or scrap metal processing facility which is located in an area zoned for industrial use. (c) A junkyard or scrap metal processing facility which is not visible from the main-traveled way of any interstate or federal-aid primary highway. Any junkyard which was in existence on December 8, 1971, which the department determines cannot be screened because of topography and elevation is not required under this section to be removed, relocated, or disposed of until federal funds are available. (4) REQUIREMENTS AS TO FENCES; EXPENDITURE OF FUNDS. — (a) A fence constructed under the provisions of this section shall be kept in good order and repair, and any advertisement on the fence shall be regulated by applicable state law. (b) The department is authorized to spend such funds as are necessary to obtain federal-aid funds for the purposes described in this subsection. (5) ENFORCEMENT. — It is the function and duty of the department to administer and enforce the provisions of this section. The department or any public official may apply to the circuit court or another court of competent jurisdiction of the county in which the junkyard or scrap metal processing facility may be located for an injunction to abate such nuisance. (6) PENALTY. — Any person who violates any provision of this section is subject to a fine of not less than $50 or more than $200. Each day during any portion of which such violation occurs constitutes a continuing separate offense.