[Ord. No. 5272 §1, 9-24-2012]
This Chapter shall be known and may be cited as "The Scrap Metal Dealers Code".
[Ord. No. 5272 §1, 9-24-2012]
Unless it appears that a different meaning is intended, the following words shall have the meaning given them by this Section:
A device designed for use in a vehicle for the purpose of chemically converting exhaust gases, produced by the internal combustion engine, into carbon dioxide and water vapor.
Any insulated copper wire, copper tubing, copper guttering and downspouts, copper alloys, or any item composed completely of copper.
Any air conditioner evaporator coil or condenser used in connection with a residential, commercial or industrial building.
Shall have the same meaning as in Section 311.082, RSMo.
Any person or business entity that purchases products containing ferrous or non-ferrous metals for recycling or resale. For the purposes of this Chapter, any person holding a license under "The Waste Management Code" of St. Louis County as a recycling center or as a waste hauler shall not be considered a scrap metal dealer, nor shall a duly licensed HVAC contractor, plumber or electrician be considered a scrap metal dealer. For the purpose of enforcing violations of this Chapter, it shall be a rebuttable presumption that any person storing or possessing at their place of business more than one hundred (100) pounds of ferrous or non-ferrous metals for recycling or resale is a scrap metal dealer.
Any commercial facility engaged in the repair or replacement of car, truck and van, motorcycle or other motorized mechanical and exhaust components, whether as a primary or ancillary activity.
[Ord. No. 5272 §1, 9-24-2012]
Hours of operation for scrap metal dealers may be no earlier than 6:00 A.M. and no later than 7:00 P.M. daily.
[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5358 §1, 3-24-2014; Ord. No. 5434 §7, 8-10-2015; Ord. No. 5773, 3-14-2022]
A.
Scrap metal dealers and other purchasers or collectors or dealers in or of junk, scrap metal, or any secondhand property who keeps items for resale or profit shall use and maintain a retrievable electronic database containing a consecutively numbered record of each and every purchase or trade of ferrous and non-ferrous metals and other materials subject to the provisions of this Section. There shall be a separate record for each transaction involving any:
1.
Copper, brass, or bronze;
2.
Aluminum wire, cable, pipe, tubing, bar, ingot, rod, fitting, or fastener;
3.
Material containing copper or aluminum known to be used for farming purposes as defined in Section 350.010, RSMo., of any length or condition;
4.
Detached catalytic converter;
5.
Motor vehicle, heavy equipment, or tractor battery.
B.
Any person selling, exchanging or trading materials in a transaction described in Subsection (A) shall present a valid driver's license and/or a photographic identification from a State or Federal issuing agency (i.e., State-issued identification or Federal passport) to the person acquiring the material(s), and a copy shall be placed in the electronic database.
C.
The acquiring party shall, at the time of making the purchase or trade, enter into the electronic database the following information:
1.
Name, gender, date of birth, and current address and color photograph of the seller if not included or different from the identification required under Subsection (B).
2.
Date, time, and place of the transaction.
3.
A full description of the material, including weight and purchase price.
4.
License plate number of the vehicle delivering the material.
The information entered into the electronic database shall be completed in full without any missing data or information.
D.
The electronic database shall at all times be maintained on the business premises of the acquiring party.
E.
A transaction receipt shall consist of the same information required under Subsection (C) of this Section and shall include the following statement:
"By accepting payment from [insert name of acquiring party], seller represents and warrants that the material documented by this receipt is owned by or was lawfully obtained and the seller has the legal right to sell the material to [insert name of acquiring party]."
If the seller provides any documentation that the person is in lawful possession of the materials, or was otherwise lawfully acquired, including without limitation a bill of sale or receipt, the acquiring party shall photocopy such documentation and maintain it with the transaction information otherwise required by this Section.
F.
All records described in this Section shall be maintained for thirty-six (36) months from the date of the transaction.
[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5358 §1, 3-24-2014; Ord. No. 5434 §8, 8-10-2015; Ord. No. 5773, 3-14-2022]
A.
No person subject to this Chapter 621 shall knowingly and willfully purchase any stolen scrap metal or any of the following types of materials:
1.
New materials, such as those used in construction, or equipment or tools used by contractors unless accompanied by proof of ownership or authorization to sell the materials on behalf of the owner;
2.
Materials which are clearly marked as property belonging to someone other than the seller, unless accompanied by written authorization from the business or property owner evidencing the seller has the legal right to sell the material;
3.
HVAC components unless accompanied by written authorization from a licensed HVAC business evidencing that the components were legally removed in compliance with the Federal Clean Air Act and related regulations and the seller has the legal right to sell the material;
4.
Catalytic converters except when sold directly to or from a vehicle repair business; no transaction that includes a detached catalytic converter shall occur at any location other than the fixed place of business of the acquiring party and no detached catalytic converter shall be altered, modified, or destroyed until it has been in the possession of the acquiring party for at least five (5) business days;
6.
Any metal that can be identified as belonging to a public or private cemetery, a political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, or utility regulated under Chapters 386, 392 or 393, RSMo., including twisted pair copper telecommunications wiring of one (1) pair or more existing in 19, 22, 24, or 26 gauge burnt wire, bleachers, guardrails, signs, street and traffic lights or signals, and manhole cover or covers, whether broken or unbroken, from anyone other than the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, electrical cooperative, water utility, municipal utility, utility regulated under Chapters 386, 392 or 393, RSMo., or manufacturer of the metal or item described in this Section unless such person is authorized, in writing, by the cemetery or monument owner, political subdivision, telecommunications provider, cable provider, wireless service or other communications-related provider, water utility, municipal utility, electrical cooperative, utility regulated under Chapter 386, 392 or 393, RSMo., or manufacturer to sell the metal.[2]
[Ord. No. 5855, 9-14-2023]
B.
The acquiring party shall make a photocopy of any documentation provided pursuant to this Section, retain the copy as part of the transaction record, and maintain such photocopy for a period of thirty-six (36) months following the transaction.
C.
No person shall purchase or otherwise receive from a person under the age of eighteen (18) any ferrous or non-ferrous metal, other than aluminum cans.
[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5358 §1, 3-24-2014; Ord. No. 5773, 3-14-2022]
A.
An acquiring party subject to this Chapter shall pay for any copper property or HVAC component in accordance with Subsection (B) regardless of the amount of payment.
B.
An acquiring party that is subject to this Chapter paying out an amount that is five hundred dollars ($500.00) or more shall make such payment by issuing a prenumbered check drawn on a regular bank account in the name of the acquiring party and with such check made payable to the person documented as the seller in accordance with City ordinances and applicable law, or by using a system for automated cash or electronic payment distribution which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with this Chapter.
[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5773, 3-14-2022]
A.
An acquiring party subject to this Chapter with actual knowledge that materials in its possession has been stolen shall notify the Police Department and provide any information in its possession relative to the seller or to the sale transaction.
[Ord. No. 5272 §1, 9-24-2012; Ord. No. 5773, 3-14-2022]
Acquiring parties subject to this Chapter shall register with or subscribe to the alert system established by the Institute of Scrap Recycling Industries, Inc., referred to as the "ISRI scrap metal theft alert system" and maintain and make regular use of that registration or subscription.
[Ord. No. 5773, 3-14-2022]
A.
This Chapter shall not apply to either of the following transactions:
1.
Any transaction for which the seller has an existing business relationship with the acquiring party and is known to that party to be an established business or political subdivision that operates a business with a fixed location that can be reasonably expected to generate regulated scrap metal and can be reasonably identified as such a business, and for which the seller is paid by check or by electronic funds transfer, or the seller produces an acceptable identification, which shall be a copy of the driver's license or photo identification issued by the State or by the United States government or agency thereof, and a copy is retained by the purchaser; or
2.
Any transaction for which the type of metal subject to this Chapter is a minor part of a larger item, except for heating and cooling equipment or equipment used in the generation and transmission of electrical power or telecommunications.