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Session Laws, 1967
Volume 681, Page 1462   View pdf image (33K)
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1462                            LAWS OF MARYLAND                      [CH. 678

USED FOR INDUSTRIAL ACTIVITIES. IN SUCH CASES, THE
COMMISSION SHALL RECEIVE THE APPROVAL OF THE
LOCAL GOVERNING BODY WHERE THE LAND TO BE AC-
QUIRED IS LOCATED BEFORE PROCEEDING WITH SUCH
ACQUISITION AND THE COMMISSION SHALL PAY FOR THE
COST OF RELOCATION, REMOVAL OR DISPOSAL OF SUCH
JUNK YARDS. When the State Roads Commission determines that
it is in the best interest of the State, it may acquire such lands, or
interest in lands by gift, purchase or condemnation as aforesaid, as
may be necessary to provide adequate screening of such junk yards.

244.    Penalties.

(a)   The State Roads Commission may apply to the CIRCUIT
COURT OF Baltimore City Court or the Circuit Court of the County
in which any non-conforming junk yard may be located for an injunc-
tion to abate such nuisance.
FOR VIOLATION OF THIS ACT.

(b)  Any violation of the rules and regulations promulgated by the
State Roads Commission, including the establishment, maintenance,
or operation of a junk yard without a license, is a misdemeanor,
punishable upon conviction thereof by a fine of not less than $25,
nor more than $100, or imprisonment for not more than thirty days,

or both fine and imprisonment. Each day on which a violation

continues shall constitute a separate and distinct offense. AND, IN
DEFAULT OF THE PAYMENT THEREOF, SHALL UNDERGO
IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS.
WHENEVER THE STATE ROADS COMMISSION HAS GIVEN
WRITTEN NOTICE THAT A JUNK YARD IS MAINTAINED OR
USED IN VIOLATION OF THIS ACT, EACH DAY OF SUCH
MAINTENANCE OR USE BEGINNING WITH THE THIRTY-
FIRST DAY FOLLOWING RECEIPT OF NOTICE SHALL CON-
STITUTE A SEPARATE OFFENSE.

245.    Authority to Spend Money.

The State Roads Commission is authorized to expend from its
Construction Fund such money in excess of that collected from
license fees as is necessary for matching Federal funds to accom-
plish the purposes of this Act.
PROVIDED, HOWEVER, SUCH
FUNDS SHALL NOT BE EXPENDED TO PAY THE COST OF
SCREENING OR RELOCATING ANY JUNK YARD WHEN AP-
PROPRIATE MATCHING FEDERAL FUNDS ARE NOT AVAIL-
ABLE THEREFOR UNDER THE "HIGHWAY BEAUTIFICA-
TION ACT OF 1965".

246.    Interpretation; Liberality of Construction. SEVERABILITY.

(a) Nothing in this Act shall be construed to abrogate or affect
the provisions of any lawful statute, ordinance, regulation, and reso-
lution which is more restrictive than the provisions of this Act.

(b) This Act is to be liberally construed, so as to carry our the

intent and purpose of the Act as set forth in its Preamble and in

the Declaration of Purpose, herein.

247. Severability.

(B) If any clause, section, or provision of this subtitle shall be held
unconstitutional or invalid, such determination shall not be field to
affect any other clause, section, or provision hereof.


 

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Session Laws, 1967
Volume 681, Page 1462   View pdf image (33K)
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