737.99 PENALTY.

   (a)    A scrap metal facility licensee, or the agent, employee, or representative of the licensee, who violates Section 737.10(c) is guilty of a misdemeanor of the first degree.

      (1)    In a prosecution under this subsection, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon the representations of proof described in this Chapter to establish that the person transferring or selling the catalytic converter acquired it legally and had the right to transfer or sell it.

   (b)    Whoever violates Section 737.19(d) is guilty of an unclassified misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000.00) or confined in jail not more than one (1) year or both fined and confined.

      (1)    Each catalytic converter possessed in violation of Section 737.19(d) shall constitute a separate offense.

      (2)    In prosecution under Section 737.19(d), presentation to the court of sufficient evidence of lawful ownership or authority to possess constitutes an absolute defense to the charge or charges.

   (c)    Whoever violates any other provision of this chapter is guilty of a misdemeanor of the fourth degree.

(Ord. 2022-1-3. Passed 1-12-22.)