§ 130-139. Requirements for disposing of motor vehicles with gasoline tanks.

(a)

Compliance required. Persons, firms, and/or corporations operating a junkyard, and every customer, whether a person, firm or corporation, that sells or trades with a junkyard shall comply with this section for disposing of motor vehicles with gasoline tanks.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Junkyard means and includes scrap metal dealers, salvage companies, landfill operations, junkyard or junk car operators, or any other such entity that handles motor vehicles.

Motor vehicle means every device by which persons or things may be transported upon a public street, highway or bridge or off-road area, which device is self-propelled by any motor using any fuel or electricity.

(c)

Acceptance of motor vehicle with gasoline tank. All motor vehicles shall be accepted by junkyards with a gasoline tank in its normal and usual configuration, allowing for changes due to ruin or damage. Customers with motor vehicles shall not be required to remove the gasoline tank from the vehicle or modify the tank or open the tank in any manner. No customer shall be required to remove a gasoline tank or its contents from a motor vehicle offered for scrap metal or salvage purposes as a condition of acceptance by the junkyard, any act by a junkyard inconsistent with the provisions of this section is a violation of this Code.

(d)

Legal disposition of gasoline tank. A junkyard shall not accept any motor vehicle for junk or salvage that does not have a gasoline tank with the vehicle unless the customer disposing of same provides written evidence that the gasoline tank was previously legally disposed of or sold. A copy of this written evidence shall be maintained under the name, address, and social security number of the customer for a period of not less than three years after the vehicle is acquired by the junkyard. A false claim that a motor vehicle's gasoline tank was legally disposed of is a violation of this section.

(e)

Records to be made available. The records of evidence of legal disposition of gasoline tanks shall be made available to the department of sanitation, its agents or assigns, for inspection and copy upon request at no charge, the department of sanitation shall monitor compliance with this section.

(f)

Acceptance of motor vehicle gasoline tanks. A junkyard that accepts detached motor vehicle gasoline tanks brought in for scrap metal or salvage purposes shall not require any modification of the gasoline tank as a condition of acceptance.

(g)

Environmental regulations. A junkyard's disposal and handling of motor vehicle gasoline tanks shall be in accordance with all federal, state and local environmental regulations.

(h)

Penalties for violation. The first violation of this section shall be a misdemeanor and shall be punishable by a fine of not less than $200.00 nor more than $500.00 or six months imprisonment. A second violation of this section within a six-month period shall be punishable by a fine of not less than $500.00 or not less than six months imprisonment or both.

(M.C.S., Ord. No. 16,868, 1-19-95)