North Carolina § 136-145 - Enforcement provisions.

§ 136-145. Enforcement provisions.

Any person, firm, corporation or association that establishes, operates or maintains a junkyard within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, after the effective date of this Article as determined by G.S. 136-155, that does not come within one or more of the exceptions contained in G.S. 136-144 hereof, shall be guilty of a Class 1 misdemeanor, and each day that the junkyard remains within the prohibited distance shall constitute a separate offense. In addition thereto, said junkyard is declared to be a public nuisance and the Department of Transportation may seek injunctive relief in the superior court of the county in which the offense is committed to abate the said nuisance and to require the removal of all junk from the prohibited area. History (1967, c. 1198, s. 5; 1973, c. 507, s. 5; c. 1439, s. 6; 1977, c. 464, s. 7.1; 1993, c. 539, s. 999; 1994, Ex. Sess., c. 24, s. 14(c).) Opinions of Attorney General Enforcement of Act. - It is the responsibility of sworn law enforcement officers to write citations for the criminal enforcement of the Junkyard Control Act; the local district attorney ultimately determines the merits of prosecuting cases based on such citations. See opinion of Attorney General to John T. Kilby, on behalf of the Ashe County Board of Commissioners, 2002 N.C.A.G. 27 (10/9/02). The Junkyard Control Act does not expressly give a private right of action to individual citizens, however, it does not preempt the authority of local municipal and county governments to enact their own restrictions or bans on junkyards. See opinion of Attorney General to John T. Kilby, on behalf of the Ashe County Board of Commissioners, 2002 N.C.A.G. 27 (10/9/02).