Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 197-S.F.No. 302 
           An act relating to signs; requiring recycling centers 
          and junk yards to accept certain hazard signs; 
          amending Minnesota Statutes 1990, sections 115A.555; 
          and 161.242, subdivision 2, and by adding a 
          subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 115A.555, is 
amended to read: 
    115A.555 [RECYCLING CENTER DESIGNATION.] 
    The agency shall designate recycling centers for the 
purpose of section 173.086.  To be designated as a recycling 
center, a recycling facility must be open a minimum of 12 
operating hours each week, 12 months each year, and must accept 
for recycling: 
    (1) at least four different materials such as paper, glass, 
plastic, and metal.; and 
    (2) if the recycling center accepts metal, hazard signs, as 
defined in section 161.242, subdivision 2, paragraph (h), to the 
same extent that a junk yard dealer must accept hazard signs 
under section 161.242, subdivision 6a. 
    Sec. 2.  Minnesota Statutes 1990, section 161.242, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] (1) (a) For the purposes of this 
section, the terms defined in this subdivision shall have the 
meanings given them. 
    (2) Junk yard (b) "Junk yard" means an establishment, place 
of business, or place of storage or deposit, which is 
maintained, operated, or used for storing, keeping, buying, or 
selling junk, or for the maintenance or operation of an 
automobile graveyard, and shall include garbage dumps and 
sanitary fills not regulated by the Minnesota pollution control 
agency, any of which are wholly or partly within one half mile 
of any right-of-way of any state trunk highway, including the 
interstate highways, whether maintained in connection with 
another business or not, where the waste, body, or discarded 
material stored is equal in bulk to five or more motor vehicles 
and which are to be resold for used parts or old iron, metal, 
glass, or other discarded material.  
    (3) Dealer (c) "Dealer" means any person, partnership, or 
corporation engaged in the operation of a junk yard.  
    (4) Junk (d) "Junk" means old or scrap hazard signs, 
copper, brass, rope, rags, batteries, paper, synthetic or 
organic, trash, rubber debris, waste, or junked, dismantled, or 
wrecked automobiles or farm or construction machinery or parts 
thereof, iron, steel, and other old or scrap ferrous or 
nonferrous material.  
    (5) Automobile graveyard (e) "Automobile graveyard" means 
any establishment or place of business which is maintained, 
used, or operated for storing, keeping, buying, or selling 
wrecked, scrapped, ruined, or dismantled motor vehicles or motor 
vehicle parts.  
    (6) Unzoned industrial area (f) "Unzoned industrial area" 
means the land occupied by the regularly used building, parking 
lot, storage or processing area of an industrial activity, and 
the land within 1,000 feet thereof which is located on the same 
side of the highway as the principal part of said activity, and 
not predominantly used for residential or commercial purposes, 
and not zoned by state or local law, regulation or ordinance.  
    (7) Industrial activities (g) "Industrial activities" means 
those activities permitted only in industrial zones, or in less 
restrictive zones by the nearest zoning authority within the 
state, or prohibited by said authority but generally recognized 
as industrial by other zoning authorities within the state, 
except that none of the following shall be considered industrial 
activities: 
     (a) (1) outdoor advertising devices as defined in Minnesota 
Statutes 1969, section 173.02, subdivision 2.; 
    (b) (2) agricultural, forestry, ranching, grazing, farming 
and related activities, including, but not limited to, wayside 
fresh produce stands.; 
    (c) (3) activities normally and regularly in operation less 
than three months of the year.; 
    (d) (4) activities not visible from the traffic lanes of 
the main traveled way.; 
    (e) (5) activities conducted in a building principally used 
as a residence.; 
    (f) (6) railroad tracks, minor sidings, and passenger 
depots.; or 
    (g) (7) junk yards, as defined herein in paragraph (b). 
    (h) "Hazard signs" means signs listed in the Minnesota 
drivers' manual published by the department of public safety, 
signs required by the state fire code, and other signs related 
to road or fire hazards and approved for use by the state or a 
political subdivision. 
    Sec. 3.  Minnesota Statutes 1990, section 161.242, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [HAZARD SIGNS MUST BE ACCEPTED.] A dealer shall 
accept hazard signs only from a properly identified elected 
official or employee of the state or a political subdivision, 
who is acting within the scope of the person's official duties.  
A dealer is not required to pay or otherwise compensate any 
person or organization for taking possession of a hazard sign 
and is not required to take possession at a place away from the 
site of the dealer's junk yard. 
    Presented to the governor May 23, 1991 
    Signed by the governor May 27, 1991, 10:30 p.m.