11.04.08.01

.01 Definitions.

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.