A. Any junkyard dealer or secondhand furniture dealer with unenclosed premises used for display of secondhand iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or similar airtight units who fails to remove the doors on such secondhand units having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed shall be guilty of the criminal offense of improper display of locking device.

B. Any person convicted of committing the criminal offense of improper display of locking device shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a term not to exceed one year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or both; provided, however, that in the event death of a minor child or permanent physical or mental injury to a minor child results from willful and wanton misconduct amounting to culpable negligence on the part of the person committing such violation, then such person shall be punished by imprisonment in the Tribal Jail for a term not to exceed three years or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or both.

C. This section will not apply to any dealer who has fenced and locked his or her premises.

D. The provisions of this section shall not apply to an icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit which is crated or is securely locked from the outside or is in the normal use on the premises of a home, or rental unit, or is held for sale or use in a place of business; provided, however, that “place of business” as used herein shall not be deemed to include a junkyard or other similar establishment dealing in secondhand merchandise for sale on open unprotected premises. ONCA 22-33, eff. Apr. 25, 2022.