As used in this article, the following terms shall have the
respective meanings ascribed to them:
Any person or business who shall engage in the business of
purchase, sale, barter, trade, consignment or exchange for secondhand
goods, wares or merchandise, whether in a fixed and established location
of business or otherwise or performs the manufacturing process by
which scrap, used, or obsolete ferrous or nonferrous metal is converted
into raw material products consisting of prepared grades and having
an existing or potential economic value.
Aluminum, brass, bronze, copper, iron, lead, tin, zinc or
other semiprecious metal material, including, but not limited to:
manhole covers; guardrails; metal cylinders designed to contain compressed
air, oxygen, gases, or liquids; beer kegs; historical markers or cemetery
vases, receptacles, or memorials; street signs; drain gates; safes;
communication, transmission, and service wire or cable; dismantled
or used heating or air-conditioning units, including condensing or
evaporator coils; dismantled or used plumbing fixtures, appliances
or parts; dismantled or used water heaters, fixtures, fittings, pipes
or parts; utility structures, including fixtures and hardware; containers
designed to hold propane for fueling forklifts; and metal railroad
equipment, including tie plates, signal houses, control boxes, signs,
signals, traffic devices, traffic-control devices, traffic-control
signals, switch plates, e-clips, and rail tie functions. Regulated
material does not include metal beverage containers.
(Ordinance 08-033 adopted 2/26/08)
(a)
A
metal recycling entity shall at all times maintain in a prominent
place in the entity’s place of business, in open view to a seller
of regulated material, a notice in two-inch lettering that:
(1)
Includes the following language:
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A person attempting to sell any regulated material must present
sufficient identification and written proof of ownership required
by state law.
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Warning: State law provides a criminal
penalty for a person who intentionally provides a false document of
identification or other false information to a metal recycling entity
while attempting to sell any regulated material; and
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(2)
States the metal recycling entity’s usual business hours and
hours for purchasing regulated material, if different.
(b)
The
notice required by this section may be contained on a sign that contains
another notice if the metal recycling entity is required to display
another notice under applicable law.
(Ordinance 08-033 adopted 2/26/08)
(a)
Each
metal recycling entity in this city shall keep an accurate electronic
record or an accurate and legible written record of each purchase
made in the course of the entity’s business from an individual
of any regulated material.
(b)
The
record must be in English and include:
(1)
The place, date, and time of the purchase;
(2)
The name and address of each individual from whom the regulated material
is purchased or obtained;
(3)
The identifying number and a photo copy of the seller’s personal
identification document;
(4)
A photograph of the regulated material;
(5)
The make, model, and license plate number of the motor vehicle used
to transport the regulated material or a photograph of the vehicle
of the seller in which the make, model, and license plate number of
the motor vehicle are identifiable;
(6)
A detailed receipt or affidavit of ownership evidencing that the
person is the legal owner or is lawfully entitled to sell the regulated
material;
(7)
A photograph of the seller’s entire face; and
(8)
A right thumb print of the seller.
(c)
A
metal recycling entity shall preserve this record until the third
anniversary of the date the record was made.
(d)
On
request, a metal recycling entity shall permit any police officer,
or any designee of the chief of police, including, but not limited
to city code enforcement officers or citizens on patrol, to inspect,
during the entity’s usual business hours:
(e)
The
inspecting officer shall provide the entity with proof of authority
to inspect records or regulated material under this Section.
(Ordinance 08-033 adopted 2/26/08)
A metal recycling entity may only purchase regulated material
from the general public Monday– Saturday between 9:00 a.m. and
3:00 p.m.
(Ordinance 08-033 adopted 2/26/08)
(a)
Any
person transporting secondhand metal is required to possess a receipt
from where the metal originated. The receipt must include the name,
address and phone number of the person from whom the metal was acquired.
Failure to possess a receipt by any person, who transports, possesses
or accepts secondhand metal is a violation of this article.
(b)
A
peace officer who finds a person in violation of this article may
seize secondhand metal which will be held for a period not to exceed
30 days during which time a person from whom the metal is seized may
provide proof of ownership through an affidavit of ownership. A person
providing an affidavit of ownership must provide sufficient evidence
in said affidavit of ownership. A law enforcement officer who believes
an affidavit of ownership fails to prove ownership may request a hearing
before the city court where a magistrate shall rule on said affidavit.
If a person from who secondhand metal is seized fails to provide an
affidavit of ownership within 30 days said metal will be considered
forfeited.
(c)
Secondhand
metal seized under this article and not claimed within 30 days shall
be sold by the police department and said funds placed into the police
department seizure fund for use by the police department. The police
department shall notify any person or business that may have a right
to claim ownership of seized secondhand metal and assist with a hearing
before the city court to determine rightful ownership.
(Ordinance 08-033 adopted 2/26/08)
It shall be unlawful for any metal recycling entity, his agents
or employees to purchase or receive any central air-conditioning unit
parts from any person offering such property for sale unless the person
presents a valid city-issued HVAC permit, state-issued professional
license, or a permit issued by the city to a homeowner for the installation,
alteration, or repair of an air-conditioning system at a particular
address. This provision shall not apply to window air-conditioning
units.
(Ordinance 08-033 adopted 2/26/08)
This article does not apply to:
(1)
A
purchase or transport of regulated material from a public utility
or a manufacturing, industrial, commercial, retail, or other seller
that sells regulated material in the ordinary course of the seller’s
business; or
(2)
A
purchase or transport of regulated material by a manufacturer whose
primary business is the manufacture of iron and steel products made
from melting scrap iron and scrap steel.
(Ordinance 08-033 adopted 2/26/08)
(a)
Any
individual, association or corporation violating any portion or provision
of this article shall be deemed guilty of a misdemeanor and, upon
conviction thereof, a fine not to exceed $2,000.00 shall be assessed.
(b)
If
the person has been previously convicted under this article, an offense
under this article is a misdemeanor to be punished by a fine of not
less than $500.00 and not to exceed $2,000.00.
(c)
If
there is proof of the person being previously convicted twice under
this article, an offense under this article is a misdemeanor to be
punished by a fine of not less than $1,000.00 and not to exceed $2,000.00.
(d)
If
there is proof of the person being previously convicted three times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $2,000.00.
(e)
Any
regulated material purchased by a metal recycling entity in violation
of this article shall be subject to seizure by the city police department.
(f)
A
separate offense shall be deemed committed for each transaction in
which a violation occurs or continues.
(Ordinance 08-033 adopted 2/26/08)
