Esta ley enmienda la "Junkyard Act" (Ley Núm. 125 de 27 de junio de 1966) para eliminar la prohibición de establecer depósitos de chatarra a ciertas distancias de las carreteras principales y otras carreteras. Aumenta las tarifas para la emisión y renovación de licencias y eleva las multas por violaciones a la ley. La ley busca alinear la legislación local con la "Highway Beautification Act" federal, permitiendo la operación de depósitos de chatarra siempre que estén ocultos a la vista del público, y otorga al Secretario la facultad de establecer regulaciones sobre la distancia y condiciones para asegurar el cumplimiento.
(H. B. 2482) (Conference) (No. 110) (Approved August 7, 2002)
To amend subsections
(b) and
(c) of Section 5, and Sections 8 and 15 of Act No. 125 of June 27, 1966, as amended, known as "Junkyard Act", in order to eliminate the prohibition for the establishing of junkyards at least one thousand $(1,000)$ feet of main roads, and at least five hundred (500) feet of the other roads, to increase the fees for the issuing and renewal of licenses, and to increase the penalty for the violation of this Act.
Act No. 125 of June 27, 1966, as amended, known as "Junkyard Act", was approved as an answer to the "Highway Beautification Act" (23 USC 101 et seq.). In its pertinent aspects, the Federal Act provides that the states must establish effective controls on junkyards that are located within a one thousand (1000)-foot zone, counting from the border closest to the easement of the interstate highways system, or otherwise, the state would be penalized with a $10 %$ reduction in the funds appropriated for transportation.
Act No. 125 includes some of the provisions of the "Highway Beautification Act", which require the hiding of deposits within the established distance through the use of trees, bushes, hedges, solid fences, walls, or other appropriate means. However, the Puerto Rican legislator mistakenly interpreted that it was absolutely prohibited to establish junkyards within a one thousand (1,000)-foot zone of a primary road.
The abovementioned Act No. 125 established more severe restrictions than those stipulated by the Federal legislation. It would force the closing of practically ninety percent ( $90 %$ ) of said businesses. However, we recognize the need to maintain on adequate ornamentation of our public roads and to promote the natural beauties of our Island, whose scenery is a priceless treasure for all Puerto Ricans for its attractiveness. However, we find consider that if junkyards are hidden as provided by the law, thus protecting the ornamentation, it is not necessary to prohibit the establishment thereof in the proximity of the roads. What is essential is that the junkyards not be visible, which is precisely what the Federal law requires.
This measure would achieve several purposes. Among them, it would adequately liberalize, the use of the land adjacent to the roads and would prevent the closing of a great number of junkyards that at present do not comply with Act No. 125. The approval of this measure will enable these junkyards to comply with all its requirements.
Finally, while we achieve a consensus between the interests of the State and those of the private sector, we must establish effective measures to dissuade those persons who violate these provisions. The present penalties do not serve this purpose.
This Act No. 125 does not pretend to eliminate the power of the municipalities to establish their own regulations for municipal roads.
This measure resolves the existing problems and propitiates compliance of the Law, which will be beneficial for all the citizenry.
Section 1.- Subsections
(b) and
(c) of Section 5 of Act No. 125 of June 27, 1966, as amended, are hereby amended to read as follows:
"Section 5.- License; conditions
(a) $\cdots$
(b) It shall be a condition for the issue 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 Act, 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 Act.
(d) $\cdots$
(e) $\cdots$
(f) $\cdots$
(g) $\cdots$
(h) ..."
Section 2.- Section 8 of Act No. 125 of June 27, 1987*, as amended, is hereby amended to read as follows: "Section 8.- Operating without license, penalties Any person, firm or corporation that establishes, operates or maintains a junkyard, as defined in subsection
(b) of Section 2 of this Act without obtaining the license to operate required by Section 3 of this Act, or that fails to comply with the conditions required in subsection
(g) of Section 5 of this Act, shall incur a misdemeanor, and upon conviction thereof, shall be punished with a fine of not less than two thousand $(2,000)$ dollars, nor more than five thousand $(5,000)$ dollars, or the penalty of imprisonment for a term which shall not exceed six months, or both penalties at the discretion of the court."
Section 3.- Section 15 of Act No. 125 of June 27, 1966, as amended, is hereby amended to read as follows: "Section 15.- License fees Every license or license renewal application shall be accompanied by the corresponding fees, fixed for all cases at five hundred (500) dollars.
Section 4.- This Act shall take effect immediately after its approval.
⁰ ⁰: * Translator's note - should read 1966.
I hereby certify to the Secretary of State that the following Act No. 110 (H.B. 2482) of the $3^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsections
(b) and
(c) of Section 5, and Sections 8 and 15 of Act No. 125 of June 27, 1966, as amended, known as "Junkyard Act", in order to eliminate the prohibition for the establishing of junkyards at least one thousand $(1,000)$ feet of main roads, and at least five hundred (500) feet of the other roads, to increase the fees for the issuing and renewal of licenses, and to increase the penalty for the violation of this Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $14^{ ext {th }}$ of October of 2002.
Elba Rosa Rodríguez-Fuentes Director