This article is an exercise of the City’s police power to promote, through regulation of secondary metals recyclers, the recovery of stolen property. This article provides licensing and recordkeeping requirements and enforcement procedures that will enable the Police Department to identify and recover public and private property composed of certain metals that may have been illegally appropriated.
(Ordinance 6239 adopted 7/1/08)
Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings indicated in this section:
Chief
means the Chief of Police for the City or a designated representative.
Ferrous metal
means a metal that contains significant quantities of iron or steel.
Hold notice
means written notification by the chief to a secondary metals recycler stating that the secondary metals recycler may not sell, redeem or dispose of certain regulated metal property that the chief has reasonable cause to believe has been stolen.
Licensee
means a person in whose name a license has been issued under this article or a person listed as an applicant on the application for a license.
Nonferrous metal
means a metal that does not contain significant quantities of iron or steel including but not limited to copper, brass, aluminum, bronze, lead, zinc, nickel and their alloys.
Person
means an individual, partnership, corporation, joint venture, trust, association and any other legal entity.
Personal identification certificate
means a personal identification card issued by the state department of public safety under chapter 521, subchapter E of the Texas Transportation Code, as amended, or a similar card or certificate issued by another state or district in the United States of America.
Purchase transaction
means a transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property.
Regulated metal property
means any item composed in whole or in part of any ferrous or nonferrous metal, including beer or beverage kegs. This term does not include tin plated cans, aluminum cans, or similarly composed food or beverage containers.
Secondary metals recycler
means any person who:
(1) 
Engages in the business of purchasing, collecting or soliciting regulated metal property; or
(2) 
Operates or maintains a facility where regulated metal property is purchased or kept for shipment, sale, transfer or salvage.
Seller
means any person who in a purchase transaction receives consideration from a secondary metals recycler in exchange for regulated metal property.
(Ordinance 6239 adopted 7/1/08)
(A) 
A person or business may not act as a secondary metals recycler or represent to the public that the person or business is a secondary metals recycler without a valid permit issued by the Police Department.
(B) 
Permits.
(1) 
A person or business seeking a permit to operate as a secondary metals recycler covered by this article shall fully and truthfully complete and submit an application in a form provided by Police Department.
(2) 
The permit fee for a person or business to operate as a secondary metals recycler is in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.
(3) 
Permits are not transferable from one person or business to another or from one address to another address. A permit shall be valid for one year from the date of issuance unless sooner revoked or terminated under the provisions of this article.
(4) 
The Chief of Police or his designee may impose specific conditions on a permit in order to obtain compliance with all applicable provisions of this article.
(5) 
For serious or repeated violations of any of the requirements of this article, or for interference with City officials in the performance of their duties, a permit issued under this article may be revoked. Prior to such action, the Chief of Police, or his designee, shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising the permit holder of the permit holder’s right to a hearing before a hearing officer appointed under the provisions of chapter 24. Requests for a hearing shall be made to the Chief of Police, or his designee, within five (5) days following service of the notice of revocation. If the owner fails to request a hearing within five (5) days, the permit is revoked. If a hearing is timely requested prior, the owner may keep operating as a secondary metals recycler until the hearing is completed.
(6) 
A person or business whose application for a permit under this article is denied by the Chief of Police, or his designee, may appeal the denial to the hearing officer.
(7) 
The hearings provided for in this section shall be held before, and decided by the hearing officer at a time and place designated by the hearing officer. Based upon the evidence presented at the hearing, the hearing officer shall make a finding and may sustain, modify, or rescind the decision forming the basis of the hearing.
(C) 
Waiver of permit fee.
(1) 
The Chief of Police, or his designee, may waive all or a portion of the $250.00 annual permit fee for so long as the secondary metal recycler:
(a) 
Maintains at its place of business operable equipment to take and store digital records, including photographs and fingerprints; and
(b) 
Stores the purchase transaction records required in section 26.143(B)(10)–(12) [sic] in a digital format for the period of time required by section 26.143(E).
The digital equipment must be operable at all times when the secondary metals recycler is conducting purchase transactions.
(2) 
If the secondary metal recycler chooses to maintain records in a nondigital format, the secondary metal recycler shall preserve each nondigital record required by section 26.143 at the business location in which the purchase transaction took place, filed by the date of the purchase transaction under the seller’s last name.
(Ordinance 6239 adopted 7/1/08; Ordinance 7363 adopted 9/6/2022)
(A) 
A secondary metals recycler shall maintain an accurate and legible record of each purchase transaction. Each transaction must be recorded separately and filed by date.
(B) 
The record of each purchase transaction must be in English and shall contain the following information:
(1) 
The name and address of the secondary metals recycler;
(2) 
The name or initials of the individual recording the information required by this section for the secondary metals recycler;
(3) 
The seller’s name, address, sex and birth date as well as the identifying number from the seller’s driver’s license, United States military identification card, or personal identification certificate;
(4) 
The make, model, and license plate number of the motor vehicle in which the regulated metal property is delivered in a purchase transaction;
(5) 
The place, date and time of the purchase transaction;
(6) 
The weight, quantity or volume and a description made in accordance with the custom of the trade of the regulated metal property purchased;
(7) 
A general description of the predominant types of regulated metal property purchased in the purchase transaction;
(8) 
The amount of money or other consideration given in a purchase transaction for the regulated metal property;
(9) 
A signed statement from the seller in a purchase transaction affirming a legal right of ownership and the right to sign over title to the regulated metal property offered for sale;
(10) 
A digital photograph, photograph, or videotape of the seller that clearly depicts the seller’s facial features; and
(11) 
A clear thumbprint of the seller.
(C) 
A person selling or attempting to sell regulated metal property to a secondary metals recycler shall:
(1) 
Display to the secondary metals recycler the person’s driver’s license, United States military identification card, or personal identification certificate; and
(2) 
Sign a written statement provided by the secondary metals recycler affirming that the person is the legal owner or is lawfully entitled to sell the regulated material offered for sale.
(D) 
The secondary metals recycler or the recycler’s agent shall visually verify the accuracy of the identification presented by the seller at the time of each purchase of regulated metal property.
(E) 
A secondary metals recycler shall preserve each record required by this section at the business location in which the purchase transaction took place, filed by the date of the purchase transaction under the seller’s last name, until the third anniversary of the date the record was made. A secondary metals recycler shall make these records available for inspection by any police officer, upon request, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.
(F) 
It is a defense to prosecution under subsection (B)(10) of this section that:
(1) 
A photograph of the seller, taken within the preceding six months, was currently on file with the secondary metals recycler; and
(2) 
At the time of the purchase transaction, the secondary metals recycler or an employee of the secondary metals recycler visually verified that the seller was actually the person depicted in the file photograph.
(G) 
It is a defense to prosecution under subsection (B)(11) of this section that a thumbprint of the seller was currently on file with the secondary metals recycler.
(Ordinance 6239 adopted 7/1/08)
(A) 
A secondary metals recycler shall at all times maintain in a prominent place in the secondary metals recycler’s place of business, in open view to a seller of regulated metal property, a notice in two-inch lettering that contains the following or similar language approved by the chief:
A PERSON ATTEMPTING TO SELL ANY REGULATED METAL PROPERTY MUST PRESENT SUFFICIENT IDENTIFICATION REQUIRED BY CITY OF GARLAND ORDINANCE.
(B) 
The notice required by this section may be contained on a sign that contains another notice required by law to be displayed by the secondary metals recycler.
(Ordinance 6239 adopted 7/1/08)
A secondary metals recycler shall maintain at its place of business or otherwise have immediate access to a facsimile, telecopier or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated metal property may be expeditiously received from the Police Department. The equipment must be operable at all times when the secondary metals recycler is open and capable of conducting purchase transactions of regulated metal property. The secondary metals recycler shall maintain the facsimile number or other access number of the equipment on file with the Police Department and shall notify the Police Department within 24 hours after any change in the number.
(Ordinance 6239 adopted 7/1/08)
(A) 
A secondary metals recycler shall not purchase any item of regulated metal property from an intoxicated person.
(B) 
A secondary metals recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller owns the property (such as by a receipt or bill of sale) or proof that the seller is an employee, agent or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer or other person, business or entity owning the property and the seller is authorized to sell the item of regulated metal property on behalf of the person, business or entity owning the property:
(1) 
A manhole cover.
(2) 
An electric light pole and its fixtures and hardware.
(3) 
A guard rail.
(4) 
A street sign, traffic sign or traffic signal and its fixtures and hardware.
(5) 
Communication, transmission and service wire.
(6) 
A funeral marker or funeral vase.
(7) 
An historical marker.
(8) 
Railroad equipment including but not limited to a tie plate, switch plate, E-clip or rail tie junction.
(9) 
Any metal item that is marked with any form of the name, initials or logo of a governmental entity, utility company, cemetery or railroad.
(10) 
A copper or aluminum condensing or evaporator coil from a heating or air conditioning unit.
(11) 
An aluminum or stainless steel container or bottle designed to hold propane for fueling fork lifts.
(12) 
A catalytic converter.
(C) 
A secondary metals recycler shall maintain on file the information required by section 26.146(C) [sic] for not less than three years from the date of the purchase of the item of regulated metal property. A secondary metals recycler shall make these records available for inspection by any police officer, upon request, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.
(Ordinance 6239 adopted 7/1/08)
While in possession of purchased regulated metal property, a secondary metals recycler shall make the property available for inspection by any police officer at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.
(Ordinance 6239 adopted 7/1/08)
(A) 
Whenever a police officer has reasonable cause to believe that certain items of regulated metal property in the possession of a secondary metals recycler are stolen, the chief may issue a hold notice. The hold notice must:
(1) 
Identify those items of regulated metal property alleged to be stolen and subject to hold; and
(2) 
Inform the secondary metals recycler of the restrictions imposed on the regulated metal property under subsection (B).
(B) 
A secondary metals recycler may not, for 60 days from the date of receiving a hold notice under this section, process or remove from the secondary metals recycler’s place of business any regulated metal property identified in the hold notice unless the property is released sooner by the chief or by order of a court of competent jurisdiction. At the expiration of the hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metal property unless otherwise directed by a court of competent jurisdiction.
(Ordinance 6239 adopted 7/1/08)
(A) 
A person who knowingly violates any provision of this article or who knowingly fails to perform a duty required of that person under this article, other than a City official acting in his official capacity, commits an offense. A person is guilty of a separate offense for each item of regulated metal property involved in a violation of this article. An offense under this article is punishable by a fine not to exceed $500.00.
(B) 
It is a defense to prosecution under this article that the regulated metal property involved:
(1) 
Was purchased from a charitable, philanthropic, religious, fraternal, civic, patriotic, social or school-sponsored organization or association, or from any organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, as amended;
(2) 
Was purchased from any public officer acting in an official capacity as a trustee in bankruptcy, executor, administrator or receiver, from any public official acting under judicial process or authority, or from a sale on the execution or by virtue or any process issued by a court;
(3) 
Consists of aluminum food or beverage containers, used food or beverage containers, or similar food or beverage containers for the purpose of recycling other than beer or beverage kegs; or
(4) 
Was purchased from a manufacturing, industrial or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
(Ordinance 6239 adopted 7/1/08)