P.R. Laws tit. 10, § 971d

2019-02-20 00:00:00+00
§ 971d. License; conditions

(a) The license to be issued by the Secretary shall contain such conditions as he may deem reasonably necessary for the purpose of maintaining and conserving the value of the adjacent areas, preserving public beautification and the natural landscape, and protecting the public health, safety and welfare.

(b) It shall be a condition for the [issuance] of said license that the junkyard be hidden from the view of the public traveling through the road.

(c) The Secretary is hereby empowered to establish in the regulations, the controls needed to assure compliance of subsection (b) of this section, and to fix the distance that shall exist from the junkyard to the closest border of the road, taking into account the importance of the region in which the junkyard is located, the average daily traffic on said road and the conditions that could affect public ornamentation. However, those junkyards that, at the time of the approval of this legislation, are operating with a license issued pursuant to this chapter, and have operated for the past five (5) years with the corresponding authorization, shall be excluded from the limitations or restrictions on distance established by the Secretary through regulations. Notwithstanding the above, these junkyards must fully comply with all other provisions of this chapter.

(d) All junk belonging to the junkyard shall be kept, and all operations in relation therewith shall be carried out, within the fenced premises or grounds in accordance with the provisions of this chapter. No license shall be issued or renewed until said requirements have been met, it being understood that the issuance or renewal of the license shall be subject to the applicant’s compliance with the law and all applicable regulations.

(e) It shall be the duty of the Secretary to carry out a physical inspection of the site where the junkyard is or will be located before issuing a license.

(f) The Secretary shall not issue a license to operate a junkyard except in those cases in which a permit of use has previously been granted by the Regulations and Permits Administration, provided the location of said junkyard does not affect public beautification, the safety of public highways or any public development whatsoever, or other requirements of this chapter.

(g) Every junkyard operator shall be bound to keep a register in which, immediately after receiving a vehicle, he shall enter the name, signature, and address of the person who brought it, the date on which he received it, the most complete description possible of the condition of the unit, the numbers of the registration, license plate, engine or body of the vehicle, or the reasons for which he cannot enter this data in his register, and any transaction he may effect with said vehicle. Every junkyard operator who purchases junk metal must keep a register with a description of the junk pieces bought, the amount, as well as the name, signature and address of the person from whom it was purchased and the date received. The operator shall preserve the information recorded regarding each vehicle and all junk metal for at least five (5) years after making the last entry in the register.

(h) The Police of Puerto Rico shall have free access to the offices, files and area of junkyards for the purpose of inspecting the register required by this section. During such inspection the Police may also take possession of the number plates, registration and serial numbers of the vehicles deposited in the premises.

History —June 27, 1966, No. 125, p. 390, § 5; May 30, 1976, No. 82, p. 257; Feb. 11, 1987, No. 1, p. 3, § 3; Sept. 3, 1998, No. 261, § 1; Aug. 7, 2002, No. 110, § 1.