Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 04 - STATE HIGHWAY ADMINISTRATION › Chapter 11.04.08 - Junkyard Licensing and Control › Section 11.04.08.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the State Highway
				Administration.
(2) "Center line of
				highway" means a line equidistant from the outer edges of the median separating
				the main traveled ways of a divided highway, or the painted center line of the
				main traveled way of a nondivided highway, or a line equidistant from the outer
				edges of the paved surface of a nondivided highway on which no center line is
				painted.
(3) "Distance from highway
				to junkyard" means the distance from a highway to the nearest edge of actual
				junkyard operations, on the perpendicular to the center line of the
				highway.
(4) "Existing junkyard"
				means a junkyard which was established, maintained, and operated as of a
				certain date. It includes a junkyard which was established, maintained, and
				operated at a different location on that date, but which has been relocated
				under Transportation Article, §
										8-809(b),
				Annotated Code of Maryland.
(5)
				"Illegal junkyard" means a junkyard or portion of a junkyard that was
				established or is maintained in violation of State law, except that a
				"nonconforming junkyard" is not an "illegal junkyard".
(6) "Interstate highway" means a State
				highway that is part of the natural interstate system, as designated by the
				Administration and approved by the United States Secretary of Transportation
				under Title 23 of the United States Code.
(7) "Junkyard" means an establishment or
				place of business described in Transportation Article, §
										8-801(d),
				Annotated Code of Maryland.
(8)
				"Main traveled way" means that part of the highway that is used for the
				movement of vehicles and on which through-traffic is carried. It excludes
				shoulders and any frontage roads, turning roadways, parking areas, or similar
				facilities. In the case of a divided highway, the "main traveled way" is that
				part of each of the separated roadways that is used for the movement of
				vehicles and on which through-traffic is carried in opposite
				directions.
(9) "Nonconforming
				junkyard" means a junkyard or portion of a junkyard that was lawfully
				established (including one that was established on or before January 1, 1968),
				but that: because of a change in ordinances, laws, or regulations; because of
				new highway construction; because of a zoning change or reclassification of a
				highway as an interstate or primary highway; or because of some similar change
				in conditions not attributable to the junkyard owner or operator; does not
				comply with current provisions (for example, current provisions governing the
				location and screening of junkyards).
(10) "Owner or operator" means the person who
				has control over the maintenance and operations of a junkyard.
(11) "Person" means:
(a) An individual, receiver, trustee,
				guardian, executor, administrator, fiduciary, or representative of any
				kind;
(b) Any partnership, firm,
				association, public or private corporation, or other entity; and
(c) Unless the context requires otherwise,
				the State, any county, municipal corporation, or other political subdivision of
				the State, and any of their agencies or units.
(12) "Primary highway" means a State highway
				that is designated as such by the Administration, with the approval of the
				Secretary of Transportation, and that has been approved by the United States
				Secretary of Transportation under Title 23 of the United States Code.
(13) "Section" means the Outdoor Advertising
				Section within the Administration.
(14) "Visible" means capable of being seen
				without visual aid by a person of normal eyesight.