LD 1367
pg. 7
Page 6 of 11 An Act To Amend the Laws Regarding Junkyards, Automobile Graveyards and Automob... Page 8 of 11
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LR 1388
Item 1

 
8.__Applicability.__Municipalities may apply local ordinances
adopted previously under subsection 7 pertaining to automobile
graveyards and junkyards to an automobile recycling business
without amending those ordinances to include automobile recycling
businesses.__A municipality must provide notice of its intent to
apply these ordinances at the time an application for an
automobile recycling business permit is filed.

 
9.__Right of entry.__Municipal officers or their designees
may, to carry out the provisions of this subchapter or to
determine compliance with any laws, ordinances, license or permit
approvals, decisions or conditions:

 
A.__Enter any automobile graveyard, junkyard or automobile
recycling business property and inspect all outside areas,
equipment and activities at reasonable hours for compliance
with the laws or ordinances set forth in accordance with
this subchapter; and

 
B.__Enter any building on the property with the consent of
the owner, occupant or agent to inspect the building and
activities within the building for compliance with the laws
or ordinances set forth in accordance with this subchapter.

 
A municipal officer's or designee's entry onto property under
this subsection is not a trespass.

 
Sec. 9. 30-A MRSA §3755, as amended by PL 1993, c. 173, §5, is
repealed.

 
Sec. 10. 30-A MRSA §3755-A, sub-§3, ¶¶A, B and F, as enacted by PL 1993,
c. 173, §6, are amended to read:

 
A. The site of the yard must be enclosed by a visual screen
at least 6 feet high and built in accordance with rules
adopted by the Department of Transportation pursuant to that
complies with the screening requirements of section 3759
3754-A.

 
B. A vehicle with an intact engine or motor containing
fluids may not be stored within 100 feet of any body of
water or freshwater wetland, as defined by Title 38, section
436-A, subsection 5.

 
F. A Except as provided in subsection 3754-A, subsection
4, a vehicle may not be dismantled or stored within 100 300
feet of a well that serves as a public or private water
supply, excluding a private well that serves only the
automobile recycling business or the owner or operator's
abutting residence.


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