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830.32   PENALTY.
   (a)   Any violation of any provision of this article shall constitute a Class 1 misdemeanor.
   (b)   Upon the first conviction of a dealer for violation of any provision of this article, the Sheriff may revoke such dealer's permit for a period of one (1) full year from the date the conviction becomes final. Such revocation shall be mandatory upon a second conviction, and shall be imposed for two (2) full years from the date such second conviction becomes final.
   (c)   No part of this article will be construed to remove a dealer's responsibility to comply with all requirements under § 54.1-4100 through § 54.1-4111 of the Code of Virginia.
(Ord. 15-09. Passed 12-9-15.)
830.33   EXEMPTIONS.
   No part of this chapter shall apply to:
   (a)   Individuals conducting a yard sale on residential property.
   (b)   Fundraising activities conducted by established entities for charitable organizations.
   (c)   A business registered with the United States Internal Revenue Service as nonprofit under section 501(c), and which receives charitable donations.
(Ord. 15-09. Passed 12-9-15.)
ARTICLE C - DEALERS IN SCRAP METALS
830.40   PURPOSE.
   It is hereby declared to be the policy of the County of Loudoun, in the exercise of its statutory authority to secure and promote the health, safety, and general welfare of its citizens, to regulate scrap metal dealers.
(Ord. 15-09. Passed 12-9-15.)
830.41   DEFINITIONS.
   As used in this article, unless the context clearly requires otherwise, the following terms shall have the meanings herein ascribed to them:
   (a)   “Sheriff.” The Sheriff of the County or any of his sworn deputies.
   (b)   “Scrap Metal Dealer or dealer.” Any entity engaged in purchasing scrap metals to include metal, metal dross, steel, iron, old lead pipe, ferrous and non-ferrous metals, and copper. Dealers are excluded from this definition insofar as they make purchases of articles subject to this article directly from other dealers, manufacturers or wholesalers for wholesale or retail inventories.
   (c)   “Industrial Account.” A lawfully registered business in contract with a scrap dealer.
   (d)   “Proprietary Articles.” Those articles defined under § 59.1-136 of the Code of Virginia, as well as any of the following articles:
      (1)   Any new reels of copper electrical conductor cable or aluminum conductor cable regardless of the size or gauge of the wire;
      (2)   Any new copper or aluminum tubing or bus bar;
      (3)   Any state or federal department of transportation or locally approved sign;
      (4)   Fire Hydrants or the components thereof;
      (5)   Concrete forms;
      (6)   Any metal associated with a railroad.
(Ord. 15-09. Passed 12-9-15.)
830.42   PERMIT REQUIRED.
   It shall be a violation of this ordinance for a scrap dealer to engage in any activity subject to regulation under this article without first obtaining a permit from the Sheriff.
(Ord. 15-09. Passed 12-9-15.)
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