[Adopted 9-18-2008 by Ord. No. 2008-09]
This article shall be known and may be cited as the "Hellam Township Scrap and Recyclable Materials Theft Prevention Ordinance."
A. 
Properties located in Hellam Township have recently been the subject of burglary and theft of copper, aluminum, steel and other metal commodities. Scrap processors and recycling facility operators may serve as unknowing conduits for the disposition of stolen metal property and may also themselves be more likely to be the victims of theft. Current regulation of businesses that deal in scrap metal has proven to be ineffective at detecting or preventing illegal activity at the point at which stolen items are sold as scrap metal.
B. 
Hellam Township believes that this article is necessary to ensure appropriate documentation of scrap metal transactions to assist law enforcement agencies to identify, recover and return stole property to its owner and to ensure, as reasonably as possible, that scrap processors and recycling facility operators are less likely to be used as unknowing conduits for the liquidation and disposal of stolen metal property. Regulation is necessary to help insure that motor vehicles and metal sold as scrap metal are legitimately owned by the seller and not stolen property and to assist in recovery of stolen property.
C. 
Hellam Township enacts this article for the health, safety and public welfare of the residents and property owners of Hellam Township under the authority of Section 1532(4) of the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 66532(4).
D. 
Hellam Township further recognizes that the General Assembly of Pennsylvania is currently considering similar legislation on a statewide level (HB 1742, PN 3091), and passage of such legislation may preempt this article.
A. 
The following words and phrases, when used in this article, shall have the following meanings except where the context or language clearly indicates or requires a different meaning:
BEER KEG
A vessel designed to contain at least 128 fluid ounces of malt or brewed beverage.
LAW ENFORCEMENT OFFICIAL
Any law enforcement officer of the Commonwealth of Pennsylvania or of any other political subdivision or regional police association.
RECYCLING FACILITY
Any individual, firm, association, partnership, or corporation operating, managing or conducting any business or operation which utilizes technology that is a process to separate or classify municipal waste or other materials to create or recover reusable materials that can be sold or reused by a manufacturer as a substitute for or a supplement to virgin raw materials.
SCRAP METAL
Any scrap article or material composed of iron, steel, or nonferrous metal or metal alloy, including but not limited to copper, brass, bronze, aluminum or stainless steel. This definition shall also include motor vehicles (as defined by Title 75 of Pa. Consolidated Statutes) and parts thereof.
SCRAP PROCESSOR
Any individual, firm, association, partnership, or corporation operating, managing or conducting any business or operation which utilizes machinery and equipment for the processing and manufacturing of ferrous or nonferrous metallic scrap, paper scrap, plastic scrap, rubber scrap or glass scrap into prepared grades and whose principal product is sold as a raw material in the manufacture of new products.
TOWNSHIP
The Township of Hellam, York County, Pennsylvania.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, the masculine shall include the feminine and the neuter gender.
A. 
Every scrap processor and recycling facility operator shall create and maintain a list of all individuals who will operate, manage, or supervise the daily operations of the facility, which shall include the individual's name, address, and photocopy of current drivers license or government issued photo identification card.
B. 
A scrap processor and/or recycling facility operator shall maintain a separate record book and/or electronic file in which the following information shall be collected and maintained for all transactions by a seller of scrap metal, catalytic converter, or beer keg:
(1) 
Recording the name, telephone number and address of the seller.
(2) 
Photocopying or scanning the license or other identification.
(3) 
Recording the make, year, type and license plate number of the motor vehicle the seller operates at the time of the transaction.
(4) 
Obtaining the seller's signature and photograph for each transaction.
(5) 
Recording the quantity and type(s) of materials received from, and the price paid to, the seller for the scrap metal, catalytic converter, or beer keg.
C. 
In addition to the information required under Subsection B above, a scrap processor and recycling facility operator shall also record and collect the following information from a seller:
(1) 
The date and time of the transaction.
(2) 
A description of the items included in the transaction.
(3) 
Certification that the seller is the lawful owner or authorized seller of the scrap material, catalytic converter, or beer keg.
D. 
Holding period.
(1) 
Following notification, either verbally or in writing, from a law enforcement officer that certain scrap materials have been reported as stolen, a scrap processor or recycling facility operator that is in possession of the scrap material in question shall hold that scrap material intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification upon the scrap material. The scrap operator or recycling facility shall hold the scrap material for a period of time as directed by the applicable law enforcement agency, up to a maximum of five business days.
(2) 
A law enforcement official shall not place a hold on any scrap material unless the law enforcement official reasonably suspects that the scrap material is lost or stolen. Any hold that is placed on scrap material must be returned to the owner or released when the hold has been released or expires.
E. 
Maintenance of records. The information required by this section shall be maintained by the scrap processor or recycling facility operator for a minimum of two years from the date of the transaction, and shall be provided upon demand to any law enforcement official.
Any person who violates this article shall, upon conviction thereof, pay a fine not to exceed $1,000 per violation plus all costs of prosecution, which fines and penalties may be collected as provided by law, or may be imprisoned to the extent allowed by law for the punishment of summary offenses.