68-2205. Certificate of compliance; requirements; failure to make an original or renewal application; injunction. - Kansas Statutes

68-2205

Chapter 68.--ROADS AND BRIDGES PART III.--MISCELLANEOUS Article 22.--HIGHWAY BEAUTIFICATION

      68-2205.   Certificate of compliance; requirements; failure to make anoriginal or renewal application; injunction.No person shall establish, operate, or maintain a junkyard, any portionof which is within 1,000 feet of the nearest edge of theright-of-way of any street or highway on the interstate or the primarysystems, or any other portion of which is within1,000 feet of the nearest edge of the right-of-way of any other state, county,township highway, road or city street, without obtaining acertificate of compliance fromthe secretary of transportation, which certificates shallbe issued only forjunkyards not prohibited by K.S.A. 68-2204, and amendments thereto. The secretary oftransportation shall have the sole authority to issuecertificates of compliance for theestablishment, maintenance and operation of junkyards within the limitsdefined herein,except that an initial application for a certificate of compliance must show thatsuch junkyards were approved by a local governing body if suchapproval is required by the local governing body. The secretary of transportationshall charge an annual fee of $50 payable on or before January 1. Anyoneestablishing a junkyard after July 1 of any year shall pay a fee of $25for the remaining portion of the year. No cityor county governing body shall be required to pay any fees provided forherein. All licenses issued under this section shall expire on January1 following the date of issue. Acertificate of compliance may berenewed from year to year upon paying to the secretary of transportationthe sum of $50 in advance for such renewal.

      Any person who shall willfully or intentionally refuse to make anoriginal application or renewal application, or to pay the annual certificateof compliance fee, as prescribed in this act,shall be deemed delinquent onand after February 16 of any year, or in cases where business isestablished after the first of the year such person shall be deemeddelinquent on and after 45 days after establishment of thebusiness and shall be assessed a penalty fee by the secretary oftransportation of $1 per day for each daysuch person continues to do business until the application is made andthe fees have been paid. After such time it shall be unlawful for theowner, or any person, to operate the junkyard. Proceeds from such feesshall be deposited with the state treasurer in the state highway fundand be subject to disbursement as provided by law to defray the expensesof administering the provisions of this act. Whenever any personrequired to be certified under this act fails to make application withthe secretary of transportation, or to pay the certificate ofcompliance fee when due, orcontinues to do business when the secretary of transportation hasdenied, suspended or revoked such application or certificateof compliance, the secretaryof transportation may file an action to enjoin such person fromoperating in violation of this act.

      History:   L. 1967, ch. 357, § 5; L. 1968, ch. 154, § 1; L. 1972,ch. 250, § 1;L. 1973, ch. 271, § 4; L. 1976, ch. 296, § 2;L. 1987, ch. 263, § 1; Jan. 1, 1988.