NORTH CAROLINA GENERAL ASSEMBLY
HOUSE BILL 1299
AN ACT TO REQUIRE IN FORSYTH COUNTY A PERMIT FOR THE OPERATION OF A JUNK YARD WHERE MOTOR VEHICLES ARE DISMANTLED AND STORED.
The General Assembly of North Carolina do enact:
Section 1. It shall be unlawful for any person, firm or corporation to operate a junk yard where motor vehicles are dismantled and stored without having obtained a permit from the Board of Commissioners for the County of Forsyth. Any person, firm or corporation desiring to engage in such business shall file a written application with the Clerk to the Board of Commissioners for a permit, which application must be accompanied by a map based upon a recent survey showing the boundaries by metes and bounds of the location on which the proposed business is to be operated. The Board of Commissioners shall cause an investigation to be made of said application and within sixty (60) days after the filing of said application shall give consideration to same at either a regular or special meeting and make a determination of same. No permit shall be granted by the Board of Commissioners unless the said Board shall first determine and find the following:
(a) That the location on which the proposed business is to be operated is more than within fifty (50) feet of the right of way of any public street or road, and more than thirty (30) feet from the property line of adjoining owner.
(b) That combustion will not be used in the proposed business as a means of reducing the bulk or weight of motor vehicles or the dismantling of same.
(c) That the use in the proposed business of chemicals in the dismantling of motor vehicles shall be carried out in such a manner as to not endanger the public health.
(d) That in the dismantling of motor vehicles by the proposed business, parts thereof shall not be left which would contain water, resulting in a contamination thereof and the breeding of mosquitoes and other insects detrimental to the public health.
(e) That the proposed business will not be located within the zoning jurisdiction of the City of Winston‑Salem unless such location meets the requirements of the Zoning Ordinance of the City of Winston‑Salem.
No permit shall be issued unless there is paid by the applicant to the County‑City Tax Collector of Forsyth County and the City of Winston‑Salem the sum of one hundred dollars ($100.00) for said permit.
Any applicant aggrieved by the refusal of the Board of Commissioners to issue such permit shall have the right to appeal to the Superior Court of Forsyth County, provided that appeal is taken and the same filed in the office of the Clerk of the Superior Court of Forsyth County within ten (10) days from action taken by the Board of Commissioners in refusing to grant a permit.
Sec. 2. Any person, firm or corporation presently engaged in the operation of a junk yard where motor vehicles are dismantled and stored shall not enlarge said location or place upon the same any additional motor vehicles for the purpose of dismantling and storing same unless said person, firm or corporation shall obtain a permit for the enlargement of said business in accordance with the procedure and the provisions set forth in Section 1 of this Act.
Sec. 3. Any person, firm or corporation violating the provisions of this Act shall be guilty of a misdemeanor and on conviction thereof, shall be fined not more than fifty dollars ($50.00) or imprisoned not more than thirty (30) days for each violation, and each day on which such violation continues shall be considered a separate offense.
Sec. 4. If any provisions of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision of the application, and to this end the provisions of this Act are declared to be severable.
Sec. 5. This Act shall apply only to the County of Forsyth.
Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 7. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 25th day of June, 1963.