Under this subchapter, each motor vehicle recycler shall be obligated to follow and comply with the following regulations and requirements:
(A) Keep a register that contains:
(1) A photocopy of a valid driver’s license or other government-issued identification card or document which contains the name, photograph, and signature of the seller. If the purchaser has a copy of the seller’s valid photo identification on file, it shall not be necessary for the purchaser to make another copy of the identification document for each purchase if the purchaser references the number on the identification document in the register at the time of each purchase;
(2) The state and license number of the motor vehicle used to transport the motor vehicle, to the place of purchase, which shall be provided by the seller of the items;
(3) The time and date of the transaction:
(4) The year, make, model, license plate number, and/or vehicle identification number of the motor vehicle purchased by the motor vehicle recycler; and
(5) The amount paid for the motor vehicle and the unit basis of the purchase, such as by ounce or pound, and the like.
(B) Shall hold motor vehicles purchased, in their original form as presented to the motor vehicle recycler for a period of three business days, unless notified, within that three-day period by a peace officer having reasonable cause to believe that the property may be stolen property, in which case, the motor vehicle may be seized as evidence by the peace officer or, if not seized, shall be retained for an additional 30 days unless earlier notified by a peace officer that the property may be sold. Certain motor vehicles may be recycled immediately. A motor vehicle may be recycled immediately after transaction if meeting any one of the following conditions:
(1) Motor vehicle is missing an engine or transmission upon entering the business;
(2) Motor vehicle has fire damage to its exterior;
(3) Motor vehicle is sold to a motor vehicle recycler with a junk title. Motor vehicle recyclers shall retain a copy of the junk title with the transaction record and kept for two years. The registrant on the junk title shall be the only person who can sell the specific motor vehicle to the motor vehicle recycler. The motor vehicle recycler shall hold the motor vehicle for three business days if sold by anyone other than the registrant listed on the junk title except as provided under (B)(5) below;
(4) Motor vehicles that are sold to the motor vehicle recycler by a business engaged in towing, impound, insurance, or any other motor vehicle recycler where reporting to another law enforcement agency or Leadsonline registration and notification has already been accomplished;
(5) Motor vehicle is determined to be older than ten years old. This can be done by using the VIN number to ascertain the year of the motor vehicle; and
(6) The motor vehicle is determined to be ten years old or less and the motor vehicle is being sold by the person whose name appears on the title to the motor vehicle. A copy of the title and the identification of the person selling the vehicle will be maintained together.
(C) Not purchase any motor vehicle from a person who:
(1) Is less than 18 years of age; or
(2) Is unable or refuses to provide the identification and information required in division (C)(1) above:
(D) Retain the information required by this section for a period of two years, after which time, the information may be retained, destroyed in a manner that protects the identity of the owner of the property and the seller of the property, or transferred to a law enforcement agency specified in division (G) below;
(E) If the purchaser ceases business, transfer all records and information required by this section to a law enforcement agency specified in division (G) below;
(F) Permit any peace officer to inspect the register, during normal business hours, and if the peace officer deems it necessary, to locate and inspect the specific stolen motor vehicle received during business hours;
(G) Upon written request of the Sheriff or Chief of Police, as appropriate, transmit a report containing the information required to be retained in the register under division (A) above to Leadsonline web based central reporting system, within 24 hours of the transaction;
(H) If an unintended circumstance prevents transmitting reports to Leadsonline, motor vehicle recyclers shall submit their reports in person, in digital format, in writing, or by electronic means to the County Sheriff and Winchester Police Department within 24 hours of the transaction; or
(I) Comply with a written request pursuant to division (G) above until a written notice to cease sending the reports required by division (G) above is received by the purchaser. A request may relate to:
(1) All records of purchases;
(2) Records of a specific motor vehicle;
(3) Records of purchases during a specific period of time; or
(4) Records of a specific purchase or purchases.
(Ord. 2011-09, passed 8-10-2011)