New Mexico § 67-12-9 - Junkyards; license required

§ 67-12-9. Junkyards; license required

A. No person shall establish, operate or maintain a junkyard, without first obtaining

a junkyard license from the commission. The commission shall establish and collect uniform fees for the issuance of junkyard

licenses. The fee shall not be more than the actual cost to the commission of enforcement

and administration of the Highway Beautification Act, or ten dollars ($10.00) per

year per junkyard, whichever is greater. The fees shall be paid to the state treasurer for credit to the state road fund. B. No junkyard license shall be issued for the establishment, operation or maintenance

of a junkyard except for junkyards: (1) screened by natural objects, plantings, fences or other appropriate means so as

not to be visible from the main-traveled way of the interstate or primary systems,

or otherwise removed from sight, all in conformity with regulations relating thereto

promulgated by the commission, if any; or (2) located within areas zoned for industrial use under authority of law; or (3) located within unzoned industrial areas as determined by actual land uses and

defined by regulations promulgated by the commission; provided that no area shall

be deemed to be an unzoned industrial area unless and until the commission has promulgated

regulations defining same. C. Nothing herein to the contrary withstanding, no junkyard lawfully in existence

on the effective date of the Highway Beautification Act, which has continued to so

exist and has had timely paid therefor all license fees required by the Highway Beautification

Act shall be denied a junkyard license, if proper application is made and the requisite

fee tendered therefor, until such junkyard has been screened or otherwise removed

from sight by the commission at its expense. D. Any fee for a junkyard license payable for the years 1966 through 1971 inclusive,

shall be deemed timely paid if, but only if, the fee is received by the commission

prior to July 1, 1971. For the year 1972 and every year thereafter, the license fee shall be deemed timely

paid if, but only if, said fee is received by the commission on or before the first

day of the year for which said fee is being paid. Failure of timely payment of said fee shall render the junkyard subject to removal,

disposal and abatement by the commission without any compensation whatsoever, and

at the cost of the owner thereof.