HB 534 - AS INTRODUCED
2003 SESSION
08/10
HOUSE BILL 534
This bill establishes a new classification of collections of unregistered vehicles that accumulate for reasons other than business.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0879
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to properties with 2 or more unregistered motor vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Junk Yards; Definitions. Amend RSA 236:112 to read as follows:
I. "Junk yard" means a place used for the business of storing and keeping, or storing and selling, trading, or otherwise transferring old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, steel, or other old or scrap ferrous or nonferrous material. As used in this subdivision, the term includes, but is not limited to, the following types of junk yards:
2 New Paragraph; Definition; Non-business Vehicle Repository. Amend RSA 236:112 by inserting after paragraph V the following new paragraph:
VI. "Non-business vehicle repository" means any property with 2 or more unregistered vehicles that are retained for reasons other than business and do not otherwise qualify as a junk yard.
3 Nuisance. Amend RSA 236:119 to read as follows:
236:119 Nuisance. Any junk yard or machinery junk yard located or maintained in violation of the provisions of this subdivision or a non-business vehicle repository is hereby declared a nuisance, and the same may be abated on complaint of any prosecuting officer.
4 Non-business Vehicle Repositories; Penalties. Amend RSA 236:127 to read as follows:
236:127 Penalty. Any person who is in violation of any provisions of this subdivision or who possesses or controls a non-business vehicle repository shall be guilty of a violation and each day or fraction thereof shall constitute a separate offense.
5 Non-business Vehicle Repositories; Penalties. Amend RSA 236:129 to read as follows:
236:129 Private Persons. Any person owning real property whose property is directly affected by the site of a junk yard or automotive recycling yard maintained in violation of the provisions of this subdivision or a non-business vehicle repository may in writing addressed to the local governing body request the local governing body to take appropriate action under this subdivision. A copy of the written communication to the local governing body shall be mailed to the person complained of. If the local governing body shall not, within 30 days thereafter, make a determination that a junk yard, [or] automotive recycling yard or a non-business vehicle repository does exist and issue the appropriate order, such person may, in his own name and in his own right, seek appropriate injunctive relief for the enforcement of this subdivision in the superior court.
5 Effective Date. This act shall take effect January 1, 2004.