Sec. 14-67i. (Formerly Sec. 21-16). Certificate of approval of location; license required. Exceptions.
Sec. 14-67i. (Formerly Sec. 21-16). Certificate of approval of location; license
required. Exceptions. (a) No person, firm or corporation shall establish, operate or
maintain a motor vehicle recycler's yard or motor vehicle recycler's business unless a
certificate of approval of the location to be used therefor has been procured from the
board or authority designated by local charter, regulation or ordinance in the town, city
or borough wherein such yard or business is located or is proposed to be located, except
that in any town or city having a zoning commission, combined planning and zoning
commission and a board of appeals, such certificate shall be obtained from the board
of appeals.
(b) The provisions of this section shall not apply to: (1) Any public agency, as
defined in section 7-339a, which acquires, collects, dismantles or disposes of junk or
abandoned motor vehicles pursuant to a program of solid waste disposal, in accordance
with the provisions of chapter 446d and the regulations of Connecticut state agencies,
concerning the operation of motor vehicle recycler's yards, provided this exemption
shall not apply to any public agency which sells or distributes or exchanges for profit
motor vehicle parts for reuse as such, and provided further, such public agency shall
designate an employee to maintain accurate records of all motor vehicles received and
processed. Such records shall include the make, year, serial number and, if available,
the name and address of the person from whom each vehicle was received. A list containing the make, year and serial number of each such motor vehicle shall be sent to the
Commissioner of Motor Vehicles on or before the last day of the month following the
month during which such disposal occurred; or (2) any intermediate processor operating
at a licensed facility, pursuant to subsection (a) of this section. "Intermediate processor"
means any person, firm or corporation which dismantles, crushes or otherwise conditions junk or abandoned motor vehicles or parts thereof for delivery to a scrap metal
processor as defined in section 14-67w, or for disposal in any other manner permitted
by law, and which does not sell automobile parts for reuse as parts; provided all such
junk or abandoned motor vehicles or parts thereof shall, at the time of such dismantling,
crushing or conditioning, be owned by or in the custody of, and located on premises of
or maintained by the holder of a motor vehicle recycler's license issued pursuant to
section 14-67l, or by a public agency exempted under this subsection.
(1949 Rev., S. 4655; 1957, P.A. 438, S. 1; 1967, P.A. 415, S. 1; 1969, P.A. 712; 1971, P.A. 504, S. 1; P.A. 81-347, S.
1, 3; P.A. 90-229, S. 1; P.A. 96-167, S. 16; P.A. 03-184, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 71.)
History: 1967 act deleted requirement zoning board of appeals certify location "is not within an established district
restricted against such uses"; 1969 act added Subsec. (b) re applicability of provisions to public agencies; 1971 act made
provision re public agencies in Subsec. (b) Subdiv. (1), adding provision re required record-keeping and added Subdiv.
(2) re intermediate processors; Sec. 21-16 transferred to Sec. 14-67i in 1981; P.A. 81-347 transferred procurement of
certificate from zoning board of appeals to zoning commission and deleted reference to town manager's power to grant
certificates of approval for business location in Subsec. (a). P.A. 90-229 amended Subsec. (b)(1) to add to exemption for
any public agency, which acquires, collects or disposes of junk vehicles pursuant to solid waste disposal program "in
accordance with the provisions of chapter 446d and the regulations of Connecticut state agencies, concerning the operation
of motor vehicle junk yards"; and Subsec. (b)(2) to limit exemption for intermediate processor to that which operates at a
licensed facility; P.A. 96-167 amended Subsec. (a) to substitute motor vehicle recycler's yard or recycler's business for
motor vehicle junk yard or junk business and amended Subsec. (b) to make changes consistent with provisions of Subsec.
(a) and to substitute motor vehicle recycler's license for motor vehicle junk yard license; P.A. 03-184 amended Subsec.
(a) to replace requirement for approval of certificate by chief elected official or zoning commission with requirement that
the certificate be obtained from the zoning commission, planning and zoning commission or other board or authority of the
municipality; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) by replacing provision authorizing the zoning commission or
planning and zoning commission to issue certificate of approval with provision that in any town or city with a zoning
commission, combined planning and zoning commission and a board of appeals, such certificate shall be obtained from
the board of appeals.
Annotations to former section 21-16:
Cited. 116 C. 460. Cited. 138 C. 613. Cited. 151 C. 706. Requires certificate of approval from local authorities before
the issuance of licenses by the commissioner of motor vehicles. 144 C. 67. Purpose of licensing junk dealer. 145 C. 490.
Prior to 1967 amendment: Function of board under this section is twofold: (1) To certify that location is not within a
restricted area; (2) if not within such area, to conduct a public hearing to determine the suitability of the location in view
of the factors set out in section 21-17 (14-67k). 147 C. 469. If location is within restricted area then zoning board of appeals
lacks authority to grant a variance or to hold a public hearing. Id. Appeal from decision of zoning appeals board allowed
where no finding location was unsuitable for any reason specified in section 21-17 had been made by board. 158 C. 244.
Cited. 24 CS 226.
Annotations to present section:
Cited. 233 C. 254; Id., 281.
Cited. 34 CA 402.