[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
The purpose of this chapter is to aid law enforcement officers
in the discovery and identification of stolen property and identification
of persons selling stolen property through the establishment of a
mandatory recordkeeping and reporting system in order to prevent these
types of businesses from being used as facilities for the concealment
of criminal activity thereby protecting the public health, safety
and general welfare of the citizens of the City.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
Shall mean any person who operates an establishment at which
motor vehicles are kept and dismantled for the purpose of selling
usable parts by said business either at wholesale or retail.
Shall mean any person who operates an establishment that
buys, sells or barters junk or scrap involving a reportable transaction.
Shall mean the buying of, or bartering for or acquisition
of scrap, junk or other salvage materials such as motor vehicle or
machinery parts; new or used, undamaged or damaged, defective or nondefective
items consisting, in whole or in part, or iron, steel, copper, brass,
bronze, aluminum, zinc, magnesium, stainless steel alloy, titanium;
or electric scrap.
Shall mean any article, material or tangible property that,
because of its age, deterioration or use, has lost its original utility
or desirability, but which, by alteration, restoration or salvage
may furnish an item or items of value. Any article, material or tangible
property is presumed to be junk or scrap by its presentation to a
metal recycler or salvage operator.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
The following transactions do not require a license otherwise
required by this chapter:
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
No person shall engage in business as a metal recycler or salvage
operator at any location in the City without having first obtained
a license for that location. Issuance of a license under this chapter
shall not relieve the licensee of an obligation to obtain any other
licenses required to conduct any other business at this or any other
location within the City.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
A.
Each licensee shall keep complete, accurate and legible records of
all purchases or receipts of scrap or junk. Such records shall include
the following:
1.
Name and address of person from whom the scrap or junk was received.
2.
Date of birth of the person from whom the scrap or junk was received.
3.
Iowa driver's license number, or Iowa identification card number,
or social security number together with photo identification and a
statement of the type of photo identification presented; the record
should reflect which form of identification was used for the transaction
for the person from whom the scrap or junk was received.
4.
Gender and race of the person from whom the scrap or junk was received.
5.
The vehicle license plate number of the vehicle used to deliver the
scrap or junk (temporary tag number if a temporary license plate is
on the vehicle).
6.
The date and time of the transaction.
7.
An accurate and detailed verbal description of the scrap or junk
obtained.
8.
The value or amount paid for the scrap or junk obtained.
9.
The weight or quantity of the scrap or junk obtained.
10.
A digital photograph of the person from whom the scrap or junk
was received and a digital photograph of the scrap or junk received.
11.
The name and address of the person or entity to whom the scrap
or junk was sold or otherwise transferred.
B.
Licensees must provide all reportable transaction information to
the police department via modem, internet or other means acceptable
to the police department. All records must be transmitted electronically,
completely and accurately after the close of business each day. If
a licensee is unable to successfully transmit the required information
to the police department electronically the licensee must immediately
take steps to correct the problem. If the problem is determined to
be outside the licensee's system, the license must provide the required
information in written form and once the error is corrected the licensee
shall re-submit the required reports electronically. Failure to transmit
required information may, absent extenuating circumstances as determined
by the police department, subject the licensee to a $50 per day manual
report fee.
C.
Such records shall be maintained at the business address for at least
one year from the date of acquisition.
D.
The information required to be recorded by subsection A shall not
be required for transactions involving: the receipt of material from
a governmentally recognized nonprofit or charitable organization,
the receipt of material directly from a manufacturing, industrial
or utility company, or the receipt of material from another licensed
metal recycler or salvage operator. However, the licensee shall keep
a sufficient record of the exempted transactions so as to be able
to provide the police department with the name of the entity from
whom the material was received, the date it was received, and an accurate
and detailed description of the material received.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
Every operator must provide a receipt to any person from whom
the operator received goods for which a record is required, and must
maintain a duplicate copy of that receipt for one year. The receipt
must contain sufficient information to enable the police department
to identify the transaction and every item related to it in the operator's
records.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
There is no required holding period for any item(s) received
by a licensee that has complied with the record taking and keeping
requirements of this chapter. If the operator cannot provide the information
required to be taken and maintained by this chapter to the police
upon request as required, the police may order the item(s) to be held
as hereinafter provided and the business's license may be revoked.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
Whenever a law enforcement agency official notifies a recycler
or operator to hold an item, the item shall not be sold or removed
from the premises until authorized to be released. An order to hold
shall expire 15 days from the date it is placed unless the law enforcement
agency notifies the operator in writing that the hold period shall
be extended an additional 15 days. Hold extensions may occur up to
a maximum of 60 days' time on any given item.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
If an item is identified as stolen property or evidence in a
criminal case, the police department may physically confiscate and
remove it from the premises or place it on hold and leave it at the
premises pending the resolution of the criminal case. When an item
is confiscated or ordered held on premises, the police department
shall give the operator the name and telephone number of the contract
at the police department and the case number related to the item.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
The licensee must allow the police to enter the premises where
the licensed business is located or where the business records are
maintained, including off-site locations, during normal business hours,
for the purpose of inspecting such premises and the items, merchandise
and records to verify compliance with this chapter and any other applicable
laws.
[Ord. 2012-332 (part); Ord. 2008-354 § 2 (part)]
A.
No person under the age of 17 years may sell or attempt to sell,
trade or attempt to trade goods with any licensee, and no licensee
may receive any goods from a person under the age of 17 years of age,
except when the person under the age of 17 years of age is accompanied
by his or her parent or legal guardian.
B.
The receipt required in Section 5.23.060 must be kept and maintained by the licensee for one year. All recordable transaction information shall be maintained by the licensee for one year.
C.
No licensee shall receive any goods either by purchase or trade from
any person whom a reasonable person would believe to be of unsound
mind or in an intoxicated condition.
D.
No licensee shall receive any goods unless the seller or trader personally
presents identification in the form of either a current, valid driver's
license or a current, valid state identification card issued to the
person from whom the item was received to the licensee and the licensee
verifies the person's identification.
E.
No person may consign, trade or sell any article of property that
is not their own; nor shall any person consign, trade or sell the
property of another whether with permission or without; nor shall
any person consign, trade or sell any item in which another has a
security interest.
F.
No person consigning, trading or selling any item to a licensee shall
give a false or fictitious name, nor give a false date of birth, address
or telephone number; nor shall a person present or show a false or
altered driver's license or identification card to any licensee in
consigning, trading or selling any item.
G.
No licensee shall conceal, secrete or destroy any article purchased
or received in any manner that would impair the police department's
ability to identify the article and find the corresponding entry in
the record of transaction related to the article.
H.
No licensee shall sell, melt, break up or otherwise dispose of any
article which it has reason to believe has been stolen or which is
adversely claimed by any person, or which it has been notified to
not sell or otherwise dispose of by any law enforcement officer, without
first obtaining written permission to do so from the law enforcement
officer.
I.
Every act or omission by a clerk, agent or employee or employee of
a licensee shall be deemed to be an act or omission of the licensee
if such an act occurs either with the authorization, knowledge or
approval of the licensee, or as a result of the licensee's failure
to train, supervise or monitor the clerk, agent or employee. Accordingly,
any act or omission by a clerk, agent or employee is deemed to be
that of the licensee for purposes of determining whether the business
license should be suspended, revoked or renewed.
