This article is an exercise of the city’s police power
to promote regulation of metal recycling entities through the recovery
of stolen property. In addition to state law, the city seeks to provide
additional licensing, recordkeeping requirements, and enforcement
procedures, that will enable the city police department to identify
and recover public and private property composed of certain metal
that may have been illegally appropriated.
(Ordinance 1207-2018 adopted 11/13/18)
In this article:
Chief of police.
The chief of police for the City of River Oaks, or a designated
representative.
City manager.
The city official as appointed by the city council to be
the city manager as provided for in the city charter as adopted and
as amended.
City secretary.
The city official as appointed by the city council to be
the city secretary as provided for in the city charter as adopted
and as amended.
Hold notice.
Written notification by the chief of police (or designee)
to a metal recycling entity stating that the metal recycling entity
may not dispose of, process, sell, or remove from the premises, certain
regulated material that the chief of police, has reasonable cause
to believe has been stolen.
Licensee.
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.
Metal recycling entity.
A business that is operated from a fixed location and is
predominantly engaged in:
(1)
Performing the manufacturing process by which scrap, used, or
obsolete regulated material is converted into raw material products
consisting of prepared grades and having an existing or potential
economic value, by a method that in part requires the use of powered
tools and equipment, including processes that involve processing,
sorting, cutting, classifying, cleaning, baling, wrapping, shredding,
shearing, or changing the physical form of that metal;
(2)
The use of raw material products described under subsection
(1) in the manufacture of producer or consumer goods; or
(3)
Purchasing or otherwise acquiring scrap, used, or obsolete regulated material for the eventual use of the metal for the purposes described by subsections
(1) or
(2).
Person.
An individual, partnership, corporation, joint venture, trust,
association and any other legal entity.
Personal identification document.
(1)
A valid driver’s license issued by a state in the United
States;
(2)
A United States military identification card; or
(3)
A personal identification certificate issued by the Texas Department
of Public Safety under section 521.101 of the Texas Transportation
Code, as amended, or a corresponding card or certificate issued by
another state.
Purchase transaction.
A transaction in which a metal recycling entity gives consideration
in exchange for regulated material.
Real-time electronic web-based database.
An electronic filing system in which data is organized by
fields and records, and that is capable of transmitting a file or
responding to input immediately via the internet.
Regulated material.
Aluminum material, bronze material, copper or brass material,
or regulated metal.
Regulated metal.
Including but not limited to, manhole covers; guardrails;
metal cylinders designed to contain compressed air, oxygen, gases,
or liquids; beer kegs made from metal other than aluminum; historical
markers or cemetery vases, receptacles, or memorials made from metal
other than aluminum; unused rebar; street signs; drain gates; safes;
communication, transmission, and service wire or cable; condensing
or evaporator coils for central heating or air-conditioning units;
utility structures, including the fixtures and hardware; aluminum
or stainless steel containers designed to hold propane for fueling
forklifts; 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; catalytic converters not attached to a vehicle; fire
hydrants; metal bleachers or other seating facilities used in recreational
areas or sporting arenas; any metal item clearly and conspicuously
marked with any form of the name, initials, or logo of a governmental
entity, utility, cemetery, or railroad; insulated utility, communications,
or electrical wire that has been burned in whole or in part to remove
the insulation; backflow valves; and metal in the form of commonly
recognized products of the industrial metals recycling process, including
bales, briquettes, billets, sows, ingots, pucks, and chopped or shredded
metals.
Seller.
Any person who, in a purchase transaction, receives consideration
from a metal recycling entity in exchange for regulated material.
(Ordinance 1207-2018 adopted 11/13/18; Ordinance 1239-2019, sec. 29, adopted 8/13/19)
(a) A
metal recycling entity shall maintain an accurate and legible record
of each purchase transaction. Each transaction must be recorded and
filed separately.
(b) With
the exception of the sale or transfer of aluminum cans, a metal recycling
entity shall keep at its place of business a record in a real-time
electronic web-based database, in a form and method approved by the
chief of police, in which he or she shall enter daily in English,
a full description of each purchase transaction at his or her place
of business. The record must contain the following:
(1) The name and street address of the metal recycling entity;
(2) The name or initials of the individual recording the information
required by this section for the metal recycling entity;
(3) The seller’s name, street address, gender, birth date, and
the identifying number from the seller’s personal identification
document;
(4) The make, model, color and license plate number of the motor vehicle
in which the property is delivered in a purchase transaction, along
with a clear digital still color photograph of the motor vehicle and
any trailer attached to the motor vehicle and a clear digital still
color photograph of the associated license plate(s);
(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 material purchased,
along with a clear digital still color photograph of the regulated
material;
(7) An accurate description of the regulated material purchased and the
type of metal from which the regulated material is made;
(8) The amount of consideration given in a purchase transaction for regulated
material;
(9) Written documentation evidencing that the seller is the legal owner
of, or is lawfully entitled to sell, the regulated material, or a
signed written statement from the seller, on a form provided by the
metal recycling entity, affirming that the seller is the legal owner
of, or is lawfully entitled to sell, the regulated material offered
for sale;
(10) A clear digital still color photograph or video recording taken at
the time of the purchase transaction that clearly depicts the seller’s
entire face; and
(11) A clear and legible thumbprint of the seller taken at the time of
the purchase transaction.
(c) The
metal recycling entity, or its agent, shall visually verify the accuracy
of the identification presented by the seller at the time of each
purchase transaction of regulated material and take a clear digital
still color photograph of the identification to be maintained by the
metal recycling entity in the record of the purchase transaction.
(d) All
electronic submissions to the real-time electronic web-based database
must be completed within twenty-four (24) hours of the purchase transaction.
(e) A metal recycling entity shall maintain on file the information required by subsection
(b) of this section for not less than two (2) years after the date of the purchase transaction.
(f) A
seller shall:
(1) Display to the metal recycling entity the seller’s personal
identification document;
(2) Provide to the metal recycling entity the make, model, color and
license plate number of the motor vehicle and the license plate number
of the trailer used to deliver the regulated material, and the name
of the state issuing the license plate;
(3) Present written documentation that the seller is the legal owner
of, or is lawfully entitled to sell, the regulated material or sign
a written statement provided by the metal recycling entity affirming
that the seller is the legal owner of, or is lawfully entitled to
sell, the regulated material offered for sale;
(4) Submit to a clear digital still color photograph or video recording
to be taken by the metal recycling entity at the time of the purchase
transaction that clearly depicts the seller’s entire face; and
(5) Provide a clear and legible thumbprint taken at the time of the purchase
transaction.
(Ordinance 1207-2018 adopted 11/13/18)
(a) A
metal recycling entity shall at all times maintain in a prominent
place in the metal recycling entity’s place of business, in
open view to a seller, a notice in two-inch lettering that:
(1) Includes the following two clauses or similar language approved by
the chief of police:
(A) “A PERSON ATTEMPTING TO SELL ANY REGULATED MATERIAL MUST PRESENT
SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED
BY CITY OF RIVER OAKS ORDINANCE AND STATE LAW.”
(B) “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
(2) States the metal recycling entity’s usual business hours.
(b) The
notices 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 1207-2018 adopted 11/13/18)
(a) A
metal recycling entity shall maintain at its place of business, or
otherwise have immediate access to, electronic mail, a facsimile machine,
or other equipment of similar function on which notifications of stolen
property or other notifications relating to regulated material may
be expeditiously received from the city police department. The equipment
must be operable at all times during the usual and customary business
hours of the metal recycling entity. The metal recycling entity shall
maintain the facsimile number, electronic mail address, or other access
number of the equipment on file with the chief of police (or designee)
and shall notify the chief of police (or designee) within twenty-four
(24) hours after any change in the number or electronic mail address.
(b) The
chief of police (or designee) may provide to metal recycling entities
notices of, including, but not limited to:
(1) Photocopies of fraudulent or forged personal identification documents
provided by sellers under this article;
(2) Individuals convicted of theft of regulated material for offenses
arising in the city; and
(3) Regulated materials reported or suspected stolen.
(Ordinance 1207-2018 adopted 11/13/18)
(a) A
metal recycling entity shall conduct all purchase transactions only
between the hours of 7:00 a.m. and 7:00 p.m.
(b) A
metal recycling entity shall not purchase regulated material from:
(1) An intoxicated person; or
(2) With the exception of the sale or transfer of aluminum cans, a person
who does not deliver the regulated material to the metal recycling
entity’s place of business in a motor vehicle or in a trailer
attached to a motor vehicle.
(c) A metal recycling entity shall not purchase regulated material without first obtaining proof that the seller owns the property as required by section
4.09.003(f)(3).
(Ordinance 1207-2018 adopted 11/13/18)
(a) On
request, a metal recycling entity shall permit a peace officer of
this state or a representative of the Texas Department of Public Safety
to inspect, during the metal recycling entity’s usual and customary
business hours:
(1) A record, photograph, or video recording required by section
4.09.003; or
(2) Regulated material in the metal recycling entity’s possession.
(b) A
person seeking to inspect a record, photograph, video recording, or
regulated material shall:
(1) Inform the metal recycling entity of the officer’s status as
a peace officer; or
(2) If the person is a representative of the Texas Department of Public
Safety, inform the metal recycling entity of the person’s status
and display to the metal recycling entity an identification document
or other appropriate documentation establishing the person’s
status as a representative of the Texas Department of Public Safety.
(Ordinance 1207-2018 adopted 11/13/18)
A metal recycling entity may not dispose of, process, sell,
or remove from the premises regulated material unless:
(1) The
metal recycling entity acquired the regulated material more than:
(A) Eight days, excluding weekends and holidays, before the disposal,
processing, sale, or removal, if the regulated material is a cemetery
vase, receptacle, or memorial made from a regulated material other
than aluminum material; or
(B) Seventy-two (72) hours, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the regulated material is not an item described by subsection
(A) above; or
(2) The
metal recycling entity purchased the regulated material from a manufacturing,
industrial, commercial, retail, or other seller that sells regulated
material in the ordinary course of its business.
(Ordinance 1207-2018 adopted 11/13/18)
(a) A
peace officer who has reasonable suspicion to believe that regulated
material in the possession of a metal recycling entity is stolen may
place the regulated material on hold by issuing to the metal recycling
entity a written hold notice that:
(1) Specifically identifies the regulated material alleged to be stolen
and subject to the hold notice; and
(2) Informs the metal recycling entity of the requirements of subsection
(b).
(b) On
receiving the hold notice, the metal recycling entity may not dispose
of, process, sell, or remove from the premises any identified regulated
material before the 60th day after the date the hold notice is issued,
unless the hold notice is released at an earlier time in writing by
a peace officer of this state or by court order.
(c) After
the holding period expires, the metal recycling entity may dispose
of the regulated material unless disposition violates a court order.
(Ordinance 1207-2018 adopted 11/13/18)
(a) A person who owns or operates a metal recycling entity, and does not hold a license in accordance with section
4.09.011 of this article, is subject to a civil penalty of not more than one thousand dollars ($1,000.00) for each violation. Each day a violation occurs or continues to occur is a separate violation.
(b) The
city may institute an action to collect the civil penalty provided
by this section. The city may recover reasonable expenses incurred
in obtaining a civil penalty under this section, including court costs,
reasonable attorney’s fees, investigative costs, witness fees,
and deposition expenses.
(c) All violations of this article, of this city code as amended, except a violation of subsection
(a), by sellers and metal recycling entities, shall be punishable by a fine not to exceed five hundred dollars ($500.00) for each violation, unless otherwise defined as a higher charge under state law. Each day a violation occurs or continues to occur is a separate violation.
(Ordinance 1207-2018 adopted 11/13/18)
(a) In
order to operate as a metal recycling entity in the city, the metal
recycling entity must be issued a license by the city’s permit
department.
(b) An
application for a license must be made on a form provided by the city’s
permit department.
(c) A person who wishes to purchase regulated material for resale or salvage use must sign the application as applicant. If the person is a legal entity, an individual with authority to bind the legal entity must sign the application as applicant and identify each individual who has a twenty (20) percent or greater interest in the legal entity on the application for a license. An individual who has a twenty (20) percent or greater interest in a legal entity must satisfy the criteria under section
4.09.012. Each applicant will be considered a licensee if a license is granted.
(Ordinance 1207-2018 adopted 11/13/18)
(a) The
city’s permit department may issue a license to an applicant
within thirty (30) days after receipt of an application after the
city’s police department has confirmed that all of the following
requirements are met:
(1) The applicant is at least eighteen (18) years of age;
(2) The applicant is not overdue in payment to the city of taxes, fees,
fines, or penalties assessed against or imposed upon the applicant;
(3) The applicant has not refused to answer or has not falsely answered
a question or request for information on the application form provided;
(4) The applicant has not been convicted of two (2) or more offenses
under this article, other than the offense of conducting business
as a metal recycling entity without a license, within two (2) years
immediately preceding the application;
(5) The applicant has obtained a certificate of occupancy for the premises
in which the applicant intends to do business, and the metal recycling
entity, or its location, would not otherwise be in violation of any
applicable city ordinance or state or federal law;
(6) The license fee required by this article has been paid;
(7) The applicant has obtained a certificate of registration from the
Texas Department of Public Safety, as required by section 1956.021
of the Texas Occupations Code;
(8) The applicant has not been convicted of any felony or a class A misdemeanor
involving theft or fraud, including but not limited to theft, robbery,
burglary, forgery, criminal simulation, deceptive business practices,
securing execution of document by deception, or any other similar
state or federal criminal offense, and three (3) years has elapsed
since the termination of any sentence, parole, or probation. A pardon
shall be given full legal effect. If three (3) years have elapsed,
the city’s police department shall, in accordance with section
53.023 of the Texas Occupations Code, as amended, determine the present
fitness of the applicant to be licensed from the information and evidence
presented with the application; and
(9) The applicant has not been convicted of an offense under any federal
or state law providing recordkeeping or licensing requirements for
persons purchasing or selling regulated material, and three (3) years
have elapsed since the termination of any sentence, parole, or probation
for such offense.
(b) The
applicant shall work with the city’s permit department and the
city’s police department to provide all paperwork or information
necessary to process an application and make a determination of fitness
to be licensed in accordance with this section.
(c) The license, if granted, must state on its face the name of the person to whom it is granted, the expiration date, and the address of the premises for which the license is granted. A license issued pursuant to this article is valid only for the location stated in the application and the person listed on the license application. Should any licensee move its place of business from the place stated on the license to a new location the licensee shall give the city’s permit department prior written notice and present the license to the city’s permit department to have the change of location noted on the license. Should any licensee change ownership to where an individual has a twenty (20) percent or greater interest in the metal recycling entity, the licensee shall give the city’s permit department prior written notice and present the license to the city’s permit department to confirm that the new owner satisfies the criteria outlined in subsection
(a).
(d) The
metal recycling entity shall pay an annual license fee in the amount
of two hundred fifty dollars ($250.00) to the city’s permit
department.
(e) A
license must be posted in a conspicuous place at or near the entrance
to the metal recycling entity so that it may be easily read at any
time.
(f) If
the city’s building official determines that issuance or renewal
of a license should be denied based on a recommendation from the city’s
police department, the city’s permit department shall send to
the applicant by certified mail, return receipt requested, a written
statement of the reasons for the denial and of the applicant’s
right to appeal.
(Ordinance 1207-2018 adopted 11/13/18)
Each license will expire one (1) year from the date of issuance and may be renewed only by making application as provided in section
4.09.012 of this article. Application for renewal must be made at least forty-five (45) days before the expiration date.
(Ordinance 1207-2018 adopted 11/13/18)
The chief of police shall recommend suspension of a license
to the city’s permit department in care of the city’s
building official for a definite period of time, not exceeding thirty
(30) days, if:
(1) The
licensee, a corporate officer or an employee of the licensee has:
(A) Received, in the aggregate, two or more convictions under this article
within any six-month period; or
(B) Intentionally or knowingly impeded or refused to allow an inspection
by a peace officer or a representative of the Texas Department of
Public Safety as authorized under this article.
(2) The
city’s permit department finds that there is cause for a suspension
based on a recommendation from the city’s police department,
the licensee shall be notified in writing within ten (10) days of
the department’s decision, by certified mail, return receipt
requested. The notice shall include a written statement of the reasons
for the suspension, the duration of the suspension, and the licensee’s
right to appeal.
(3) A
licensee whose license is suspended may not operate as a metal recycling
entity inside the city during the period of suspension.
(4) Only
the city’s building official or the police chief may suspend
a license issued under this article.
(Ordinance 1207-2018 adopted 11/13/18; Ordinance 1239-2019, sec. 30, adopted 8/13/19)
(a) The
city’s building official shall revoke or deny the issuance or
renewal of a license if, based on a recommendation from the city’s
police department:
(1) A licensee has given a false statement in the submission of an application under section
4.09.012(a) of this article;
(2) A licensee, a corporate officer, or an employee of the licensee has
been convicted within a two (2) year period of two (2) or more offenses
under this article. If a conviction is appealed and affirmed, the
time period between conviction and final disposition on appeal of
the conviction is not included in calculating the two (2) year period;
(3) A cause for suspension occurs under section
4.09.014, and the license has been previously suspended in accordance with this article in the preceding twelve (12) months; or
(4) The licensee does not qualify for a license under section
4.09.012(a).
(b) The
city’s permit department shall notify the licensee within ten
(10) days of its decision to revoke or deny the issuance or renewal
of a license, by certified mail, return receipt requested. The notice
shall include a written statement of the reasons for the revocation
or denial, and of the licensee’s right to appeal.
(c) Revocation of a license under this section shall continue for a minimum of one (1) year. A licensee may not be issued a new license for a period of one (1) year from the date revocation became final. If the license was revoked under section
4.09.012(a)(4) of this article, an applicant may not be granted another license within two (2) years of the date of conviction. If the license was revoked under sections
4.09.012(a)(8) or
4.09.012(a)(9) of this article, an applicant may not be granted another license within three (3) years of the termination of any sentence, parole, or probation.
(d) Only
the city’s building official or the police chief may revoke
or deny a license under this article.
(Ordinance 1207-2018 adopted 11/13/18; Ordinance 1239-2019, sec. 31, adopted 8/13/19)
If the city’s building official suspends a license or
revokes or denies the issuance or renewal of a license, that decision
is final, unless the aggrieved party makes a timely appeal to the
city council. An appeal shall be considered timely if it is filed
with the city secretary’s office within thirty (30) days of
the suspension, revocation, or denial. The filing of an appeal stays
the action of the suspension, revocation, or denial until the city
council makes a final decision. The decision of the city council is
final.
(Ordinance 1207-2018 adopted 11/13/18)
A licensee shall not:
(1) Transfer
a license issued under this article to another person; or
(2) Operate
a business engaged in the purchase of regulated material for resale
or salvage use under the authority of a license at any location other
than the address designated in the license application.
(Ordinance 1207-2018 adopted 11/13/18)