Ohio Rev. Code » Chapter 4737
Ohio Revised Code

Ohio Rev. Code § 4737.05 (2026)

Licensing of junk yard definitions

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
March 30, 1995
Latest Legislation:
House Bill 685 - 120th General Assembly
PDF:
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As used in sections 4737.05 to 4737.12 of the Revised Code:

(A) "Junk" means old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel, and other old or scrap ferrous or nonferrous materials, but does not include scrap tires as defined in section 3734.01 of the Revised Code.

(B) "Junk yard" means an establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, or selling junk. For the purposes of sections 4737.05 to 4737.99 of the Revised Code, "junk yard" includes scrap metal processing facilities that are located within one thousand feet of the nearest edge of the right of way of a highway in the interstate or primary system.

(C) "Fence" means a barrier at least six feet in height, constructed of non-transparent material, and maintained so as to obscure the junk from the ordinary view of persons passing upon those state, county, municipal, and township highways, roads, and streets covered by sections 4737.05 to 4737.99 of the Revised Code.

(D) "Scrap metal processing facility" means an establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes.

(E) "Interstate system" means the system of highways as defined in the "Act of August 27, 1958," 72 Stat. 887, 23 U.S.C.A. 103 (D), as amended.

(F) "Primary system" means that portion of the highway system designated by the director of transportation that has been approved by the secretary of transportation of the United States pursuant to the "Act of August 27, 1958," 72 Stat. 887, 23 U.S.C.A. 103 (B), as amended.

Junk yards located within areas adjacent to the interstate system and the primary system that are within one thousand feet of the nearest edge of the right of way and that are zoned industrial, or that are not zoned under authority of state or local law, rule, or ordinance, but are used for industrial activities as determined by the director of transportation, are exempt from sections 4737.05 to 4737.99 of the Revised Code.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1968–2024 · leading case: State v. Buckley, 243 N.E.2d 66 (Ohio 1968).
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State v. Buckley, 243 N.E.2d 66 (Ohio 1968). · cites it 5× “The relevant provisions of Sections 4737.05 to 4737.99, Revised Code, provide as follows: Section 4737.”
Wakeman v. Smith, 2024-Ohio-1067. “public street and meeting all safety requirements for such operation that is left covered or uncovered in the open on private property for more than twenty-four consecutive hours with the permission of the person having the right to the possession of the property, except if the…”
State v. Grater, 2018-Ohio-3000. · cites it 2× “” R.C. 4737.05(A). {¶10} At trial, the State offered the testimony of Justin Niese (“Niese”), the Deputy Engineer and Surveyor with the Henry County Engineer’s Office, who identified State’s Exhibits 1 through 4 as aerial photographs printed from the Henry County Geographic…”
Vandemark v. Brown, 620 N.E.2d 205 (Ohio Ct. App. 12th Dist. 1993). · cites it 3× “07 is “a barrier” which “obscure[s] the junk from the ordinary view of persons passing upon those state, county, municipal, and township highways, roads and streets covered by sections 4737.05 to 4737.99 of the Revised Code.”
P & S Inv. Co. v. Brown, 320 N.E.2d 675 (Ohio Ct. App. 1974). “99, Revised Code, which require junk yards outside of a municipality to be obscured from the ordinary view of persons passing upon state, county and township roads, are a valid exercise of the police power although they are based upon aesthetic considerations.”
Campbell v. Smith, 2011-Ohio-3002. · cites it 2× “18 permits junk yards if they “conform to the provisions of R.C. 4737.05 to 4737.99 and 4738.01 to 4738.”
Fridley v. Horrigs, 162 F. Supp. 2d 772 (S.D. Ohio 2000). · cites it 2× “Jfc í|í sK i'fi # (3) Divisions (A), (B), and (D)(1) and (2) of this section do not apply to the good faith acquisition and disposition of vehicles and vehicle parts as junk or scrap in the ordinary course of business by a scrap metal processing facility as defined in division…”
Ohio Rev. Code § 4737.05(A): 1 case
State v. Grater, 2018-Ohio-3000. “” R.C. 4737.05(A). {¶10} At trial, the State offered the testimony of Justin Niese (“Niese”), the Deputy Engineer and Surveyor with the Henry County Engineer’s Office, who identified State’s Exhibits 1 through 4 as aerial photographs printed from the Henry County Geographic…”
Ohio Rev. Code § 4737.05(B): 2 cases
State v. Grater, 2018-Ohio-3000. “” R.C. 4737.05(A). {¶10} At trial, the State offered the testimony of Justin Niese (“Niese”), the Deputy Engineer and Surveyor with the Henry County Engineer’s Office, who identified State’s Exhibits 1 through 4 as aerial photographs printed from the Henry County Geographic…”
Campbell v. Smith, 2011-Ohio-3002. “18 permits junk yards if they “conform to the provisions of R.C. 4737.05 to 4737.99 and 4738.01 to 4738.”
Ohio Rev. Code § 4737.05(C): 1 case
Vandemark v. Brown, 620 N.E.2d 205 (Ohio Ct. App. 12th Dist. 1993). “07 is “a barrier” which “obscure[s] the junk from the ordinary view of persons passing upon those state, county, municipal, and township highways, roads and streets covered by sections 4737.05 to 4737.99 of the Revised Code.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.