17-23-1 Legislative finding
17-23-2 Definitions
17-23-3 License required; issuance; fee; renewal; disposition of fees
17-23-4 Areas where establishment prohibited; screening requirements; existing licensed yards; approval permit required; issuance; county planning commission criteria satisfied; fee
17-23-5 Requirements as to fences
17-23-6 Payment of costs of screening
17-23-7 Exempt areas in municipalities
17-23-8 Authority of commissioner to remove or purchase certain yards; restrictions on relicensing at location where yard terminated
17-23-9 Violations declared public nuisance; abatement; injunctions; penalties
17-23-10 Special fund
17-23-11 Rules and regulations
17-23-12 Certain other code provisions inapplicable
17-23-13 Severability

Terms Used In West Virginia Code > Chapter 17 > Article 23 - Salvage Yards

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commissioner: means the Commissioner of the West Virginia Division of Highways. See West Virginia Code 17-23-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Occupied private residence: means a private residence which is occupied for at least six months each year. See West Virginia Code 17-23-2
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Owner or operator: includes an individual, firm, partnership, association or corporation or the plural thereof. See West Virginia Code 17-23-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Residential community: means an area wherein five or more occupied private residences are located within any one thousand-foot radius. See West Virginia Code 17-23-2
  • Salvage: means old or scrap brass, copper, iron, steel, other ferrous or nonferrous materials, batteries or rubber and any junked, dismantled or wrecked machinery, machines or motor vehicles or any parts of any junked, dismantled or wrecked machinery, machines or motor vehicles. See West Virginia Code 17-23-2
  • Salvage yard: means any place which is maintained, operated or used for the storing, keeping, buying, selling or processing of salvage, or for the operation and maintenance of a motor vehicle graveyard: Provided, That no salvage yard shall accept, store or process more than one hundred waste tires unless it has all permits necessary to operate a monofill, waste tire processing facility or solid waste facility. See West Virginia Code 17-23-2
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Waste tire: means any continuous solid or pneumatic rubber covering designed to encircle the wheel of a vehicle but which has been discarded, abandoned or is no longer suitable for its original, intended purpose nor suitable for recapping, or other beneficial use, as defined in section two, article fifteen-a, chapter . See West Virginia Code 17-23-2