The Dutchess County Legislature finds that scrappable metal,
including copper and aluminum, have led to a spike in reported thefts
throughout Dutchess County. Furthermore, households, businesses, construction
sites and churches have reported a high value of items stolen with
the intent to sell these items as scrap metal. While the County and
state both have laws regulating precious metals and some scrap metal,
there are no regulations of scrap metal transactions when the transaction
is less than $50. In order to avoid reporting requirements, scrap
metal thieves are breaking up their transactions to under $50 and
scrapping their goods to numerous scrap metal processing facilities,
severely hindering the ability to investigate and prosecute the theft.
Stolen goods are being processed throughout the County at scrap processing
facilities. This chapter will serve to deter such illegal activity
by requiring scrap metal processors to conduct an ID check, record
identification of the parties, and record description of property.
As used in this chapter, the following terms shall have the
meaning indicated:
DEALER
Any scrap metal processor or secondary metals dealer or recycler,
but does not include junk dealers.
FERROUS METAL
A metal that contains significant quantities of iron or steel.
IDENTIFICATION
A form of positive identification issued by a governmental
entity that:
A.
Contains a numerical identifier and a photograph of the person
identified;
B.
Provides the date of birth of the person identified; and
C.
Includes a state identification card, a state driver's license,
a United States military identification card, or a United States passport.
JUNK DEALER
All persons, firms, or corporations engaged in the business
of purchasing or selling secondhand or castoff material, including
ropes, cordage, bottles, bagging, rags, rubber, paper, and other like
materials, including regulated metal.
NONFERROUS METAL
A metal that does not contain significant quantities of iron
or steel; includes copper, brass, aluminum, bronze, lead, zinc, nickel
and their alloys.
REGULATED METAL
A.
Means any item composed in whole or in part of any ferrous or nonferrous metal, except as provided in Subsection
C.
B.
"Regulated metal" includes:
(1)
Aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection
C;
(2)
Metals and alloys that include materials and equipment commonly
used in construction, agricultural operations, and electric power
generation;
(5)
Nonferrous materials, stainless steel, and nickel.
C.
"Regulated metal" does not include:
(2)
Household-generated waste;
(3)
Items composed wholly of tin;
(4)
Aluminum beverage containers; or
(5)
Containers used solely for containing food.
SCRAP METAL PROCESSOR
Any person who, from a fixed location, utilizes machinery
and equipment for processing and manufacturing iron, steel, or nonferrous
scrap into prepared grades, and whose principal product is scrap iron,
scrap steel, or nonferrous metallic scrap, not including precious
metals, for sale for remelting purposes. "Scrap metal processor" shall
not be construed to mean "automobile salvage yard" as defined by § 136
of the New York General Municipal Law.
SECONDARY METALS DEALER OR RECYCLER
Any person who:
A.
Is engaged in the business of purchasing, collecting, or soliciting
regulated metal; or
B.
Operates or maintains a facility where regulated metal is purchased
or kept for shipment, sale, transfer, or salvage.
SUSPECT METAL ITEMS
The following items made of regulated metal:
A.
Manhole covers and sewer grates;
B.
Gas meters and water meters;
C.
Traffic signs, street signs, aluminum streetlight poles, communications
transmission towers, and guard rails;
D.
Grave site monument vases and monument plaques;
F.
Brass or bronze bar stock and bar ends;
H.
Inconel, monel, and hast alloy;
I.
#1 and #2 copper, as defined by the most recent Institute of
Scrap Recycling Industries, Inc., Scrap Specifications Circular;
J.
Catalytic convertors; and
K.
Statues and religious artifacts.
A dealer shall at all times maintain in a prominent place at
the dealer's place of business, in open view to a seller of regulated
metal, a clearly legible notice in not less than two-inch-high lettering
that contains the following language: "A PERSON ATTEMPTING TO SELL
ANY REGULATED METAL MUST PROVIDE IDENTIFICATION AS REQUIRED BY LOCAL
LAW."
A dealer may not destroy, disfigure, or obliterate any identification
marks or cause the identity of an article to otherwise be destroyed
so long as the item is in the dealer's possession.
Any seller who, in providing any information as required by
this chapter in selling, offering, or attempting to sell regulated
metal, willfully makes a false statement or provides any untrue information
is guilty of a misdemeanor. The following statement must be signed
for all transactions:
"False statements made in the foregoing instrument are punishable
as a Class A Misdemeanor pursuant to § 210.45 of the Penal
Law. Accordingly and with notice of the foregoing, I hereby affirm
that the foregoing statements are true, under penalty of perjury,
this __________ day of __________, __________."
The records maintained as required herein shall be kept confidential
except as otherwise provided, and are not public records subject to
Article 6 of the New York Public Officers Law.