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ADDITIONAL GENERAL PROVISIONS
(A) No pawnbroker, secondhand dealer, or secondary metals recycler may accept the transfer of a vehicle without certificate of title, unless the vehicle is at least fifteen model years old and the seller of the vehicle provides the following sworn statement that includes, but is not be limited to, the following:
(1) The name, address, and driver’s license number of the owner;
(2) A description of the vehicle including the year, make, model, vehicle identification number, and color;
(3) A sworn certification that the owner:
(a) Never obtained a title to the vehicle in his or her name; or
(b) Was issued a title for the vehicle, but the title was lost or stolen;
(4) A sworn statement that the vehicle is at least ten model years old:
(5) A sworn statement that the vehicle shall never be titled again; it must be dismantled or scrapped;
(6) An acknowledgment that to knowingly falsify any information on this statement is a misdemeanor, punishable by imprisonment for up to 90 days and/or a fine of not less than $500;
(7) The buyer of the vehicle must sign this statement and include the following information:
(a) The date of the transaction;
(b) The name and address of the business acquiring the vehicle; and
(c) The amount paid to the seller of the vehicle to acquire the vehicle.
(B) Vehicles purchased for purposes of scrapping or dismantling for parts shall be subject to the same requirements of §§ 123.12, 123.24 and 123.34 as regulated property, and shall be reported in accordance with the provisions of §§ 123.09, 123.22 and 123.32. The transaction record shall also include the make, model and vehicle identification number of the vehicle.
(C) Motor vehicles purchased without a title shall be maintained on the purchaser’s premises for a minimum of 48 hours after purchase in a condition in which a Vehicle Identification Number (VIN) physically located on the vehicle can be visually inspected by law enforcement.
(D) No pawnbroker, secondhand dealer, or secondary metals recycler may purchase or accept the transfer of a vehicle for purposes of scraping or dismantling for parts without fully complying with the provisions of the National Motor Vehicle Title Information System (NMVTIS), 28 CFR Part 25. It shall be the duty of any such business to be able to document compliance with NMVTIS as a part of its responsibilities under §§ 123.09, 123.22 and 123.32.
(E) No pawnbroker, secondhand dealer, or secondary metals recycler may purchase or accept the transfer of a vehicle for purposes of scraping or dismantling for parts without verifying the legitimacy of a vehicle VIN number in capable software or taking a digital photograph of the VIN number and maintaining the digital photograph for at least one year from the date of purchase along with the transaction record.
(F) The term “vehicle” as used in this section does not include vehicles which have been mechanically flattened, crushed, baled, or logged prior to sale and were sold for purposes of scrap metal only.
(G) Vehicles sold by local government pursuant to KRS 82.630 are exempt from this section.
(Lou. Metro Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 121-2018, approved 8-14-2018; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021; Lou. Metro Am. Ord. No. 159-2021, approved 11-11-2021)
Metro Government may impound a motor vehicle used to transport stolen metals, stolen catalytic converters or parts of stolen catalytic converters, or stolen motor vehicles to a secondary metals recycler for a period of not more than 12 months. The impoundment period imposed will be determined by the court during the adjudication of the underlying criminal charges and/or ordinance violations. The size and nature of the violation shall be factors considered by the court in determining the length of impoundment. The court may order impoundment of a motor vehicle used to transport stolen metals or stolen motor vehicles to a secondary metals recycler. Fees incurred for towing, handling, and storage of the impounded motor vehicle, set forth in LMCO § 72.062, shall be imposed against the responsible party during the adjudication of the underlying criminal charges and/or ordinance violations.
(Lou. Metro Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 115.999
(A) In addition to the mandates of KRS 433.890 regarding the purchase of catalytic converters and all provisions of this chapter regarding restricted metals, it shall be unlawful for any person or business entity to purchase a used catalytic converter that is detached from a motor vehicle unless:
(1) The purchase is made from a person who has maintained a record pursuant to KRS 433.890(1) and who presents that record to the purchaser; or
(2) The purchase is made from a person who owns the vehicle from which the catalytic converter was removed, who presents proof of the person's ownership of the vehicle from which the converter was removed, and can reasonably link the catalytic converter to the vehicle. The purchaser shall maintain records of the proof for two years, including the vehicle identification number (VIN) associated with the vehicle.
(B) Upon the purchase of a used catalytic converter, if there is no vehicle identification number (VIN) previously engraved on the converter, the purchaser shall engrave the last five digits of the VIN number of the vehicle from which the converter was removed onto the converter.
(Lou. Metro Ord. No. 69-2021, approved 5-27-2021)
(A) It shall be unlawful for any person to possess a catalytic converter that is detached from a motor vehicle with intent to sell the catalytic converter unless:
(1) The person possessing the catalytic converter presents proof of the person's ownership of the vehicle from which the converter was removed, and can reasonably link the catalytic converter to the vehicle; or
(2) The person presents proof that possession of the catalytic converter lawfully passed from the owner of the vehicle from which the converter was removed to the person.
(B) For purposes of this section, possession of the detached catalytic converter in violation of subsection (A) shall be prima facie evidence of intent to sell unless the catalytic converter is intact within a complete automotive exhaust system.
(Lou. Metro Ord. No. 69-2021, approved 5-27-2021)
If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007)
(A) Except for violations of §§ 123.21, 123.22, 123.31, 123.32, 123.36, 123.38, and 123.39 any violation of Chapter 123 shall be classified as a civil offense and shall be enforced through the Code Enforcement Board as provided in §§ 32.275 et seq. or as it may be amended. The civil penalty for violations of this section are set forth below. Each day a violation continues shall be a separate violation of this section.
(C) Any pawnbroker who violates any of the provisions of § 123.13 shall be fined not less than $100 nor more than $1,000.
(D) Any licensee who violates § 123.03 shall be fined not less than $100, nor more than $1,000.
(E) Any person, secondary dealer, secondary metals recycler, or mobile dealer as defined in § 123.01, who violates the provisions of § 123.21 or § 123.31 shall be fined not less than $100 nor more than $1,000 for each offense, or imprisoned not more than 50 days, or both. Each day such violations continue, shall constitute a separate offense.
(F) Any person, secondhand dealer, secondary metals recycler, or mobile dealer as defined in § 123.01, who shall neglect or refuse to comply with or violates the provisions of § 123.22 or § 123.32 shall be fined not less than $100 nor more than $1,000 for each offense, or imprisoned not more than 50 days, or both. Each day such person, firm, or corporation shall neglect or refuse to comply with or violate any of the provisions of that section shall constitute a separate offense.
(G) (1) Any person who knowingly falsifies information on the statement required by § 123.36(A) shall be guilty of a Class B misdemeanor and upon conviction shall be criminally fined not less than $500, or imprisoned for a period not to exceed 90 days or both;
(2) Any person who violates § 123.36(C) shall be guilty of a Class A misdemeanor and upon conviction shall be criminally fined not less than $100 nor more than $500 for each offense, or imprisoned for a period not to exceed 12 months, or both.
(H) (1) Any person who violates § 123.38 shall be guilty of a Class A misdemeanor and upon conviction shall be criminally fined not less than $100 nor more than $500 for each offense, or imprisoned for a period not to exceed 12 months, or both.
(2) Independent of any non-felony criminal prosecution, any person violating § 123.38 shall be cited civilly. A minimum civil penalty fine of $500 or a maximum civil penalty fine of $1,500 shall be issued.
(3) Each catalytic converter purchased in violation of § 123.38 shall constitute a separate violation.
(I) (1) Any person who violates § 123.39 shall be criminally fined not less than $100 nor more than $500 for each offense, or imprisoned for a period not to exceed 12 months, or both.
(2) Independent of any non-felony criminal prosecution, any person violating § 123.39 shall be cited civilly. A minimum civil penalty fine of $500 or a maximum civil penalty fine of $1,500 shall be issued.
(3) Each catalytic converter possessed in violation of § 123.39 shall constitute a separate violation.
(1994 Jeff. Code, § 123.99) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 230-2013, approved 12-16-13; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)