[HISTORY: Adopted by Dutchess County 2-11-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
STATUTORY REFERENCES
Junk dealers — See General Business Law Art.
6, § 60 et seq.
Scrap processors — See General Business Law
Art. 6-C, § 69-e et seq.
Regulation of automobile junkyards — See General
Municipal Law § 136.
Making punishable false written statements — See
Penal Law § 210.45.
CODE OF LOCAL LAWS REFERENCES
Precious metals and coin exchanges — See Ch.
226.
Solid waste — See Ch. 256.
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:
Any scrap metal processor or secondary metals dealer or recycler,
but does not include junk dealers.
A metal that contains significant quantities of iron or steel.
A form of positive identification issued by a governmental
entity that:
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.
The law enforcement agency that has jurisdiction over the
area in which the dealer's business is located.
A metal that does not contain significant quantities of iron
or steel; includes copper, brass, aluminum, bronze, lead, zinc, nickel
and their alloys.
Means any item composed in whole or in part of any ferrous or nonferrous metal, except as provided in Subsection C.
"Regulated metal" includes:
Aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection C;
Metals and alloys that include materials and equipment commonly
used in construction, agricultural operations, and electric power
generation;
Railroad equipment;
Oil well rigs; and
Nonferrous materials, stainless steel, and nickel.
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.
Any person who:
The following items made of regulated metal:
Manhole covers and sewer grates;
Gas meters and water meters;
Traffic signs, street signs, aluminum streetlight poles, communications
transmission towers, and guard rails;
Grave site monument vases and monument plaques;
Any monumental plaque;
Brass or bronze bar stock and bar ends;
Ingots;
Inconel, monel, and hast alloy;
#1 and #2 copper, as defined by the most recent Institute of
Scrap Recycling Industries, Inc., Scrap Specifications Circular;
Catalytic convertors; and
Statues and religious artifacts.
B.
The dealer shall require the following information of the seller and shall record the information as required under Subsection A for each purchase of regulated metal:
(1)
A complete description of the regulated metal, including weight and
metallic description, as well as the origin of the location from where
it was obtained;
(2)
The full name and residence of each person selling the regulated
metal;
(3)
The vehicle type and license plate number, if applicable, of the
vehicle transporting the regulated metal to the dealer;
(4)
The price per pound and the amount paid for each type of regulated
metal purchased by the dealer;
(5)
The date, time, and place of purchase;
(7)
At least one form of identification;
(8)
The seller's signature on a certificate stating that he/she has the
legal right to sell the scrap metal or junk; and
(9)
A digital photograph or still video of the seller, taken at the time
of the sale, or a clearly legible photocopy of the seller's identification;
C.
No entry in the log may be erased, deleted, mutilated or changed.
D.
The log and entries shall at all times be open to inspection by any
law enforcement authority having jurisdiction over the area in which
the dealer does business.
E.
A dealer shall make these records available for inspection by any
law enforcement agency, upon request, at the dealer's place of business
during the dealer's regular hours.
F.
Log entries made under this section shall be maintained for not less
than three years from date of entry.
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.
A dealer may conduct purchase transactions involving regulated metal
only during regular business hours.
B.
A dealer may not purchase any of the following regulated metal without
obtaining and keeping on file written proof that the seller is an
employee, agent, or contractor of a governmental entity who is authorized
to sell the item of regulated metal property on behalf of the governmental
entity:
C.
D.
Transactions with businesses that have an established account with
the dealer are exempt if:
(1)
The business holds a valid business license;
(2)
The dealer has on file a statement from the business identifying
those employees authorized to sell metals to the dealer; and
(3)
The dealer conducts regulated metal transactions only with those
identified employees of the business and records the name of the employees
when recording the transaction.
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.
A.
Each violation of this chapter by a scrap metal processor shall be
a violation subject to a fine of not more than $200; unless such violation
shall be willful, in which event it shall be a misdemeanor, punishable
by fine of not less than $500 nor more than $5,000 in the case of
a corporation or $1,000 in the case of an individual, and/or a term
of imprisonment in excess of 15 days, but not in excess of one year,
as fixed by a court of competent jurisdiction. Each such violation
shall be deemed a separate offense. A scrap metal processor shall
not be liable for any violation of this chapter by a seller, his/her
agent or purported agent of a seller.
B.
Any such seller who willfully violates any provision of this chapter
shall be guilty of a misdemeanor. Each such violation shall be deemed
a separate offense. Every such violation shall be punishable by fines
of not less than $500 nor more than $5,000 in the case of a corporation
or $1,000 in the case of an individual, and/or a term of imprisonment
in excess of 15 days, but not in excess of one year, as fixed by a
court of competent jurisdiction. A seller shall not be liable for
any violation of this chapter by a scrap metal processor.
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 __________, __________."
A.
If a law enforcement agency has reasonable cause to believe that
items of regulated metal in the possession of a dealer are stolen,
the law enforcement agency may issue a written hold notice. The hold
notice shall:
B.
For 60 days after the date of receiving a hold notice, a dealer may
not process or remove from the dealer's place of business any regulated
metal identified in the hold notice, unless the property is released
earlier by the law enforcement agency or by order of a court of competent
jurisdiction.
C.
On the expiration of the hold notice period, the hold is automatically
released and the dealer may dispose of the regulated metal, unless
otherwise directed by a court of competent jurisdiction.
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.
