City of Creve Coeur, MO
St. Louis County
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Table of Contents
Table of Contents

Section 621.010 Short Title.

[Ord. No. 5272 §1, 9-24-2012]
This Chapter shall be known and may be cited as "The Scrap Metal Dealers Code".

Section 621.020 Definitions.

[Ord. No. 5272 §1, 9-24-2012]
Unless it appears that a different meaning is intended, the following words shall have the meaning given them by this Section:
CATALYTIC CONVERTER
A device designed for use in a vehicle for the purpose of chemically converting exhaust gases, produced by the internal combustion engine, into carbon dioxide and water vapor.
COPPER PROPERTY
Any insulated copper wire, copper tubing, copper guttering and downspouts, copper alloys, or any item composed completely of copper.
HVAC COMPONENT
Any air conditioner evaporator coil or condenser used in connection with a residential, commercial or industrial building.
KEG
Shall have the same meaning as in Section 311.082, RSMo.
SCRAP METAL DEALER
Any person or business entity that purchases products containing ferrous or non-ferrous metals for recycling or resale. For the purposes of this Chapter, any person holding a license under "The Waste Management Code" of St. Louis County as a recycling center or as a waste hauler shall not be considered a scrap metal dealer, nor shall a duly licensed HVAC contractor, plumber or electrician be considered a scrap metal dealer. For the purpose of enforcing violations of this Chapter, it shall be a rebuttable presumption that any person storing or possessing at their place of business more than one hundred (100) pounds of ferrous or non-ferrous metals for recycling or resale is a scrap metal dealer.
VEHICLE REPAIR BUSINESS
Any commercial facility engaged in the repair or replacement of car, truck and van, motorcycle or other motorized mechanical and exhaust components, whether as a primary or ancillary activity.

Section 621.030 Hours of Operation.

[Ord. No. 5272 §1, 9-24-2012]
Hours of operation for scrap metal dealers may be no earlier than 6:00 A.M. and no later than 7:00 P.M. daily.

Section 621.040 Minimum Requirements. [1]

[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5358 §1, 3-24-2014]
A. 
Effective January 1, 2013, scrap metal dealers shall use and maintain a retrievable electronic database containing a consecutively numbered record of each and every purchase of ferrous and non-ferrous metals.
B. 
Any person selling, exchanging or trading ferrous or non-ferrous metal to a scrap dealer shall present a valid driver's license and/or a photographic identification from a State or Federal issuing agency (i.e., State-issued identification or Federal passport) to the scrap metal dealer.
C. 
Scrap metal dealers shall, at the time of making the purchase, enter into the electronic database the following information:
1. 
Name, gender, date of birth, and address of the seller as indicated on the State- or Federally issued driver's license and/or photographic identification.
2. 
Date, time and place of the scrap metal purchase.
3. 
Driver's license number and/or a photographic identification from a State or Federal issuing agency (i.e., State-issued identification or Federal passport) capable of identifying the seller.
4. 
Amount paid for each kind of metal purchased.
5. 
Kind of metals purchased.
6. 
Number of pounds of each kind of metal purchased.
7. 
License plate number of the vehicle delivering the material.
The information entered into the electronic database shall be completed in full without any missing data or information.
D. 
The electronic database shall at all times be maintained on the business premises of the scrap metal dealer.
[Ord. No. 5434 §7, 8-10-2015]
E. 
A transaction receipt shall consist of the same information required under Subsection (C) of this Section and shall include the following statement: "By accepting payment from [insert name of scrap metal dealer], seller represents and warrants that the material documented by this receipt is owned by or was lawfully obtained and the seller has the legal right to sell the material to [insert name of scrap metal dealer]." If the seller provides any documentation that the person is in lawful possession of the scrap metal, or was otherwise lawfully acquired, including without limitation a bill of sale or receipt, the scrap metal dealer shall photocopy such documentation and maintain it with the transaction information otherwise required by this Section.
F. 
All records described in this Section shall be maintained for three (3) years from the date of sale.
[1]
State Law Reference — These requirements are in addition to those established by §407.300, RSMo.

Section 621.050 Restricted Purchases and Exceptions.

[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5358 §1, 3-24-2014]
A. 
No scrap metal dealer shall knowingly and willfully purchase any stolen scrap metal or any of the following types of scrap metal:
1. 
New materials, such as those used in construction, or equipment or tools used by contractors unless accompanied by proof of ownership or authorization to sell the materials on behalf of the owner;
2. 
Materials which are clearly marked as property belonging to someone other than the seller, unless accompanied by written authorization from the business or property owner evidencing the seller has the legal right to sell the material;
3. 
HVAC components unless accompanied by written authorization from a licensed HVAC business evidencing that the components were legally removed in compliance with the Federal Clean Air Act and its regulations and the seller has the legal right to sell the material;
4. 
Catalytic converters except when sold directly to or from a vehicle repair business;
5. 
Metal beer kegs, whether damaged or undamaged, or any reasonably recognizable part thereof, except when the purchase is from the brewer or its authorized representative;[1]
[1]
State Law Reference — §407.301, RSMo.
6. 
Any metal that can be identified as belonging to a public or private cemetery, a political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, or utility regulated under Chapters 386, 392 or 393, RSMo., including bleachers, guardrails, signs, street and traffic lights or signals, and manhole cover or covers, whether broken or unbroken, from anyone other than the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, utility regulated under Chapters 386, 392 or 393, RSMo., or manufacturer of the metal or item described in this Section unless such person is authorized in writing by the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, water utility, municipal utility, electrical cooperative, utility regulated under Chapter 386, 392 or 393 RSMo., or manufacturer to sell the metal;[2]
[2]
State Law Reference — §407.302, RSMo.
B. 
The scrap metal dealer shall make a photocopy of any documentation provided pursuant to this Section, retain the copy as part of the transaction record, and maintain such photocopy for a period of three (3) years following the transaction.
[Ord. No. 5434 §8, 8-10-2015]
C. 
No scrap metal dealer shall purchase or otherwise receive from a person under the age of eighteen (18) any ferrous or non-ferrous metal, other than aluminum cans.

Section 621.060 Purchases of Certain Scrap Metal — Requirements. [1]

[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5358 §1, 3-24-2014]
A. 
A scrap metal dealer shall pay for any copper property or HVAC component in accordance with Subsection B regardless of the amount of payment.
B. 
A scrap metal dealer paying out an amount that is five hundred dollars ($500.00) or more shall make such payment by issuing a prenumbered check drawn on a regular bank account in the name of the licensed scrap metal dealer and with such check made payable to the person documented as the seller in accordance with City ordinances and applicable law, or by using a system for automated cash or electronic payment distribution which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with applicable law. This Subsection shall not apply to any transaction for which the seller has an existing business relationship with the scrap metal dealer and is known to the scrap metal dealer making the purchase to be an established business or political subdivision that operates a business with a fixed location that can be reasonably expected to generate regulated scrap metal and can be reasonably identified as such a business.
[1]
State Law Reference — §407.303, RSMo.

Section 621.070 Hold Notice.

[Ord. No. 5272 §1, 9-24-2012]
A. 
A scrap metal dealer with actual knowledge that scrap metal in its possession has been stolen shall notify the Police Department and provide any information in its possession relative to the seller or to the sale transaction.
B. 
Following notice from the scrap metal dealer, or upon reasonable suspicion that the scrap metal dealer is in possession of stolen property, the Police Department may issue a hold order to the scrap metal dealer requiring that the suspect material not be sold or otherwise transferred from the possession of the scrap metal dealer for up to ten (10) days.

Section 621.080 Use of Scrap Metal Theft Alert System.

[Ord. No. 5272 §1, 9-24-2012]
Scrap metal dealers shall register with or subscribe to the alert system established by the Institute of Scrap Recycling Industries, Inc., referred to as the ISRI Scrap Metal Theft Alert system and maintain and make regular use of that registration or subscription.