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CHAPTER 736
Motor Vehicle Salvage Dealers
736.01   Definitions.
736.02   License required.
736.03   Evidence of license required upon request.
736.04   Exemption from registration as a junk yard.
736.05   Fencing; compliance with Planning and Zoning Code.
 
736.99   Penalty.
   CROSS REFERENCES
   Secondhand dealers - see Ohio R.C. Ch. 4737
   Motor vehicle salvage dealers - see Ohio R.C. Ch. 4738
   Junk vehicles - see TRAF. 303.09
   Public nuisances - see GEN. OFF. 521.10
   Junk yards - see BUS. REG. Ch. 733; BLDG. 1383.07
736.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Business" includes any activities engaged in by any person for the object of gain, benefit or advantage, either direct or indirect.
   (b)   "Casual sale" means any transfer of a salvage motor vehicle by a person, other than a motor vehicle salvage dealer, to an ultimate purchaser for use as a consumer.
   (c)   "Engaging in business" means commencing, conducting or continuing in business, or liquidating a business, when the liquidator thereof holds himself or herself out to be conducting such business. Making a casual sale or otherwise making transfers in the ordinary course of business, when the transfers are made in connection with the disposition of all or substantially all of the transferor's assets, is not engaging in business.
   (d)   "Motor vehicle salvage dealer" means any person who engages in business primarily for the purpose of selling salvage motor vehicle parts and, secondarily, for the purpose of selling, at retail, salvage motor vehicles or manufacturing or selling a product of gradable metal scrap.
   (e)   "Retail sale" or "sale at retail" means the act or attempted act of selling, bartering, exchanging or otherwise disposing of salvage motor vehicles or salvage motor vehicle parts to an ultimate purchaser for use as a consumer.
   (f)   "Salvage motor vehicle" means any motor vehicle which is in a wrecked, dismantled or worn out condition or unfit for operation as a motor vehicle.
   (g)   "Salvage motor vehicle auction" means any person who, on his or her own behalf, or as an agent for a third party, engages in business for the purpose of auctioning salvage motor vehicles to motor vehicle salvage dealers.
   (h)   "Salvage motor vehicle pool" means any person who, as an agent for a third party, engages in business for the purpose of storing, displaying and offering for sale salvage motor vehicles to motor vehicle salvage dealers.
   (i)   "Ultimate purchaser" means, with respect to any salvage motor vehicle or salvage motor vehicle part, a purchaser who in good faith purchases such salvage motor vehicle or part for purposes other than resale and is not licensed as a motor vehicle dealer under Ohio R.C. Chapter 4517.
(Ord. 97-26. Passed 1-21-97.)
736.02 LICENSE REQUIRED.
   No person shall engage in the business of selling, at retail, salvage motor vehicles or salvage motor vehicle parts, or in a salvage motor vehicle auction, or in a salvage motor vehicle pool, within the City, without obtaining a license therefor pursuant to Ohio R.C. Chapter 4738.
(Ord. 97-26. Passed 1-21-97.)
736.03 EVIDENCE OF LICENSE REQUIRED UPON REQUEST.
   The holder of a license issued pursuant to Ohio R.C. Chapter 4738, operating a business set forth in Section 736.02 within the City, shall, upon the request of the Mayor, the Building Inspector or the Chief of Police, provide satisfactory evidence that such person is licensed under Ohio R.C. Chapter 4738. Upon such request, no person shall fail to furnish satisfactory evidence of the name of the license holder, the date of issuance and the expiration date of such license.
(Ord. 97-26. Passed 1-21-97.)
736.04 EXEMPTION FROM REGISTRATION AS A JUNK YARD.
   The holder of a license issued pursuant to Ohio R.C. Chapter 4738, operating a business set forth in Section 736.02 within the City, shall be exempt from the registration requirements of Sections 733.02, 733.03 and 733.04.
(Ord. 97-26. Passed 1-21-97.)
736.05 FENCING; COMPLIANCE WITH PLANNING AND ZONING CODE.
   The holder of a license issued pursuant to Ohio R.C. Chapter 4738, operating a business set forth in Section 736.02 within the City, shall comply with the fencing requirements of Sections 1383.03 and 1383.07 of the Building Code and shall comply with the Planning and Zoning Code of the City.
(Ord. 97-26. Passed 1-21-97.)
736.99 PENALTY.
   (a)   Whoever violates Section 736.02 is guilty of a misdemeanor of the second degree for a first offense and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both. For each subsequent offense, such person is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
   (b)   Whoever violates Section 736.03 is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense.
   (c)   For violations of fencing requirements, see Section 1313.99 of the Building Code.
   (d)   For violations of the Planning and Zoning Code, see Section 1127.99 of such Code.
(Ord. 97-26. Passed 1-21-97.)