The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a product made from aluminum, an aluminum alloy or
an aluminum byproduct. The term includes an aluminum beer keg, but
does not otherwise include an aluminum can used to contain a food
or beverage.
means:
means insulated or non-insulated copper wire or cable of
the type used by public utilities or common carriers that consists
of at least fifty (50) percent copper, copper or brass items of a
type commonly used in construction or by public utilities, or any
combination consisting only of those items.
means a passport issued by the United States or issued by
another country and recognized by the United States.
means a personal identification card issued by the state
department of public safety under V.T.C.A., Transportation Code section
521.101 et seq., or an analogous card or certificate issued by another
state.
means aluminum material, bronze material, or copper or brass
material.
means an auto wrecker, a scrap metal processor or any other
person or organization purchasing, gathering, collecting, soliciting
or traveling about from place to place procuring regulated material,
or any person operating, carrying on, conducting or maintaining a
scrap metal yard or other place where scrap metal or cast-off regulated
material of any kind is gathered together or kept for shipment, sale
or transfer.
(Ordinance 2006-047, sec. 2, adopted 12/11/06; 1988 Code, sec. 19-30)
In addition to the penalties imposed under section 1.01.009, a court, on the conviction of a secondhand metal dealer who has been convicted of a violation of this article within the 36 months preceding the date of the offense, may order that the dealer cease from engaging in business as a secondhand metal dealer for a period not to exceed thirty (30) days from the date of the order for each violation that forms the basis of the conviction.
(Ordinance 2006-047, sec. 2, adopted 12/11/06; 1988 Code, sec. 19-31)
(b)
The
record must be in English and must include:
(1)
The place and date of each purchase;
(2)
The name and address of each individual from whom the regulated material
is purchased or obtained;
(3)
The identifying number of the seller’s driver’s license,
military identification card, passport or personal identification
certificate;
(4)
A description made in accordance with the custom of the trade of
the type of regulated material purchased and the quantity of the material;
and
(5)
A signed statement by the seller that states the seller’s right
of legal ownership or right to sell the regulated material offered
for sale.
(c)
A
person attempting to sell a regulated material to a secondhand metal
dealer must:
(1)
Display to the secondhand metal dealer the person’s driver’s
license, military identification card, passport or personal identification
certificate or, if the seller does not have a driver’s license,
military identification card, passport or personal identification
certificate, a statement signed by the seller that states that the
seller does not possess any of these types of identification; and
(2)
Sign a written statement provided by the secondhand metal dealer
that states that the person is the legal owner of or is lawfully entitled
to sell the regulated material offered for sale.
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If no identification is available, then the city shall require
every person selling any of the regulated material to insert their
name and address and place their thumbprint plainly and clearly in
ink next to his or her name/signature.
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(d)
The
secondhand metal dealer or the dealer’s agent shall visually
verify the accuracy of the identification presented by the seller
at the time of the purchase of a regulated material.
(e)
A
person commits an offense if that person, with the intent to deceive:
(1)
Makes a material and false statement or representation to the secondhand metal dealer in connection with the dealer’s efforts to obtain the information required under subsection (b) of this section;
(2)
Displays to a secondhand metal dealer a false or invalid driver’s
license, military identification card, passport or personal identification
certificate in connection with the person’s attempted sale of
any regulated material; or
(Ordinance 2006-047, sec. 2, adopted 12/11/06; 1988 Code, sec. 19-32)
Each secondhand metal dealer shall preserve the records required by section 5.08.003 for a period of at least three (3) years.
(Ordinance 2006-047, sec. 2, adopted 12/11/06; 1988 Code, sec. 19-33)
(a)
Inspection of records and regulated materials.
On request, a secondhand metal dealer shall permit any peace officer of this state to inspect, during the usual and customary business hours of the dealer, a record compiled under section 5.08.003 and any regulated materials in the possession of the dealer. The inspecting officer shall identify himself as a peace officer.
(b)
Reports generally.
Except as provided by subsection (c) of this section, not later that seven (7) days after the purchase or other acquisition of any material required to be recorded under section 5.08.003 a secondhand metal dealer must mail to or file with the city a report containing the information required to be recorded in section 5.08.003.
(c)
Reporting of certain purchases.
If a secondhand metal dealer purchases any bronze material that is a cemetery vase, receptacle, memorial or statuary or any aluminum irrigation pipe that can reasonably be identified as aluminum irrigation pipe from a person other than the manufacturer or fabricator of the material, a seller bearing a bill of sale for the material or the owner of the material, the dealer shall provide oral notification to the police department not later than the close of business on the dealer’s next working day following the date of the purchase and, not later than the fifth day after the date of the purchase, shall mail to or file with the police department a report containing the information required to be recorded in section 5.08.003.
(Ordinance 2006-047, sec. 2, adopted 12/11/06; 1988 Code, sec. 19-34)
This article does not apply to a purchase of a regulated material
from a manufacturing, industrial or other commercial vendor that sells
regulated materials in the ordinary course of the vendor’s business.
(Ordinance 2006-047, sec. 2, adopted 12/11/06; 1988 Code, sec. 19-35)
