§ 5-103. Junkyards

   (a) "Junkyard" defined. -- In this section, "junkyard" means:

   (1) a public or private dump;

   (2) an automobile junkyard;

   (3) an automotive dismantler or recycler facility;

   (4) a scrap metal processing facility;

   (5) an outdoor place where old motor vehicles are stored in quantity or dismantled; or

   (6) a lot on which refuse, trash, or junk is deposited.

(b) Application of section. -- An ordinance adopted under this section does not apply to a business licensed on or before June 30, 2004, as an automotive dismantler and recycler or a scrap processor under § 15-502 of the Transportation Article.

(c) In general. -- By ordinance, the legislative body of a municipality may regulate the location and operation of junkyards in the municipality to:

   (1) protect the residents of the municipality from unpleasant and unwholesome conditions and deteriorating neighborhoods;

   (2) preserve the beauty and aesthetic value of rural or residential areas;

   (3) safeguard the public health and welfare;

   (4) promote good civic design; and

   (5) promote the health, safety, morals, order, convenience, and prosperity of the community.

(d) License requirement. -- The ordinance may:

   (1) require that each person who operates or maintains a junkyard obtain an annual license; and

   (2) provide for a reasonable fee for a license.

(e) Hearing required. --

   (1) Before adopting an ordinance under subsection (c) of this section, the legislative body of the municipality shall hold a public hearing.

   (2) An ordinance adopted in violation of this subsection is void.

(f) Notice. -- The legislative body of the municipality shall publish notice of the date, time, and place of the public hearing in a newspaper of general circulation in the municipality not less than four times, at weekly intervals, within a period of at least 30 days before the date of the hearing.

(g) Penalties. --

   (1) A person who violates an ordinance adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $ 25.

   (2) Each day that a violation continues is a separate offense.

(h) Violation as municipal infraction. -- The legislative body of the municipality may declare a violation of an ordinance adopted under this section to be a municipal infraction under Title 6, Subtitle 1 of this article.

HISTORY: An. Code 1957, art. 23A, § 4; 2013, ch. 119, § 2.