This chapter shall be known as the law "Regulating Sale of Used
Catalytic Converters."
The purpose of this chapter to discourage the theft of catalytic
converters from vehicles in Monroe County by requiring scrap metal
recyclers doing business in Monroe County to delay payments to sellers
of used catalytic converters for at least 14 days after receipt and
requiring scrap metal recyclers to maintain records of the purchase
of such devices for three years in order to aid law enforcement in
the investigation of the theft of such devices.
As used in this chapter:
CATALYTIC CONVERTER
A catalytic converter or other equipment or feature constituting
an operational element of a motor vehicle's air pollution control
system or mechanism required by federal or state law or by any rules
or regulations promulgated pursuant thereto, as amended from time
to time.
REPAIR SHOP
A business enterprise that repairs vehicles and is certified
by the New York State Department of Motor Vehicles.
SCRAP METAL RECYCLER
A vehicle dismantler, salvage pool, mobile car crusher, itinerant
vehicle collector or scrap processor doing business in Monroe County;
but shall not include a dealer registered pursuant to § 415
of the New York Vehicle and Traffic Law, an insurance company, a governmental
agency, a person in whose name a certificate of title, registration
or other ownership document has been issued for the vehicle from which
the used catalytic converter was removed, or a repair shop.
USED CATALYTIC CONVERTER
A catalytic converter that was previously installed in a
vehicle and which has been removed from such vehicle in whole or in
part.
No scrap metal recycler shall purchase or take possession of,
including for purposes of recycling or rebuilding, a used catalytic
converter from any person or entity other than a dealer registered
pursuant to § 415 of the Vehicle and Traffic Law, an insurance
company, a governmental agency, a person in whose name a certificate
of title or other ownership document has been issued for the vehicle
from which the catalytic converter was removed, a repair shop, or
a person registered or certified or issued an identification number
for the vehicle under the Vehicle and Traffic Law.
Payments by any scrap metal recycler to a business, agency or
private citizen who turns in a catalytic converter for scrap will
be issued through check, with a copy of the check being held by the
scrap metal recycler for three years from the date of disbursement.
Such records shall be available for inspection by any law enforcement
agency having jurisdiction over the scrap metal recycler.
If any clause, sentence, paragraph, or section of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid,
such determination shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, or section thereof directly involved in the proceeding
in which such adjudication shall have been rendered. This chapter
shall not supersede any applicable state or federal laws or regulations
with regard to the subject matters set forth herein.