This article is adopted pursuant to the authority of Texas Occupations
Code section 1956.003, as amended, and shall be interpreted with reference
to that code. It is the intent of this article to impose standards
that are in addition to and more stringent than the requirements of
the Texas Occupations Code, but which do not conflict with such state
law.
(Ordinance 1458 adopted 5/25/10)
In this article:
A device used to reduce the toxicity of emissions from an
internal combustion engine through the use of a catalyst (typically
a platinum-iridium catalyst) that converts the toxic combustion byproducts
into less toxic gases or products, and any part thereof.
The chief of police of the city.
A person who holds a metal recycling business license issued
under this article.
Has the meaning given by Texas Occupations Code section 1956.001(7),
as amended, and shall include nonfixed locations.
Any person under 18 years of age.
A photo identification document that is:
Any item defined in Texas Occupations section 1956.001(10),
as same may be amended, composed in whole or in part of copper, bronze,
or platinum and any catalytic converter.
(Ordinance 1458 adopted 5/25/10)
A person may not act as a metal recycling entity or represent
to the public that the person is a metal recycling entity unless the
person has a valid metal recycling business license issued under this
article. The license shall at all times be posted in a conspicuous
place upon the licensed premises.
(Ordinance 1458 adopted 5/25/10)
(a)
Any
person desiring a license required by this article shall make application
in writing to the chief of police on an application form provided
by the city for that purpose. On the application the applicant shall
set forth:
(1)
The full name and residential address of the applicant;
(2)
A statement indicating whether the applicant is a citizen of the
United States or an alien legally residing in the United States;
(3)
The applicant’s driver’s license number or the federal
tax identification number of the business;
(4)
The full name and address of each partner if the applicant is a partnership;
(5)
The full name and address of each officer and director if the applicant
is a corporation or limited liability company;
(6)
The address of the fixed and permanent location where the business
is to be conducted and proof of ownership of the private property,
or a written statement including the name, address and telephone number
of the property owner, or authorized agent granting permission for
operation of the business at the proposed location where the business
will be operated. If the property owner is a partnership or corporation,
the statement shall include the name, address, and the telephone number
of one of the partners or one of the principals;
(7)
The regular days and hours of operation of the business;
(8)
The applicant’s date of birth, place of birth, and each address
where the applicant has resided in the five years immediately preceding
the application;
(9)
A statement of whether the individual applicant, any partner in a
partnership, or any officer or director of a corporation or limited
liability company, has been arrested, charged, or convicted for any
criminal offense in this state or any other state or country. If the
applicant has been arrested or jailed for any criminal offense, the
applicant shall list the offense or offenses for which the applicant
was arrested, jailed, or imprisoned, the date or dates of confinement,
and the place, court and case number of the case;
(10)
A statement that neither the applicant, nor any business partner,
nor in the case of a corporation any officer or director, has had
a license governing the business described herein revoked;
(11)
The signature of the applicant;
(12)
A sworn statement that all matters stated in the application are
true and correct;
(13)
Evidence that the applicant is at least 18 years of age by presentation
of valid identification, including a photograph showing the face of
the applicant in the form of:
(14)
Such other information as the chief of police deems necessary.
(b)
The
chief of police shall review and approve the application and issue
a license unless the chief of police finds:
(Ordinance 1458 adopted 5/25/10)
A license for a metal recycling business shall be valid for
one year from the date of issuance and shall be subject to annual
renewal. Each metal recycling entity applying for a metal recycling
business license shall pay an annual fee to the city; said fee being
established by separate resolution.
(Ordinance 1557 adopted 7/24/12)
(a)
The
chief of police may revoke or suspend a metal recycling business license
for any conduct contrary to this article, or an applicable state law
or regulation concerning the metal recycling business, including,
but not limited to, the failure to maintain any record required by
this article.
(b)
No
license issued pursuant to this article may be revoked or suspended
without a hearing. Written notice of the hearing, the administrative
action to be taken, and the grounds therefor shall be given to the
license holder by certified or registered mail at least ten days prior
to the hearing. Mailing of such notice to the last known business
address of the license holder shall constitute sufficient notice.
A record of such hearing shall be made. Within ten days of the hearing,
the chief of police shall make a written decision setting forth the
reason or grounds for such administrative action. Such decisions shall
be immediately mailed by certified or registered mail to the license
holder affected by the decision. The effective date of the revocation
shall be stated in the decision.
(c)
At
the discretion of the chief of police, criminal prosecution, suspension
and/or revocation, may be pursued, provided, however, unsuccessful
or no criminal prosecution shall not preclude suspension or revocation.
(d)
Appeals
from a decision by the chief of police shall be made by the licensee
in writing to the city administrator within 10 days of such decision.
The city manager or the city manager’s designee shall review
the record and the decision made by the chief of police. The city
manager or the city manager’s designee may, in his or her discretion,
hold a hearing upon proper notice to the appealing party. The city
manager or the city manager’s designee shall make a written
decision upholding, modifying, or reversing the decision of the chief
of police. The decision of the city manager or the city manager’s
designee shall be final.
(Ordinance 1458 adopted 5/25/10; Ordinance 1557 adopted 7/24/12)
(a)
A
metal recycling entity may not purchase regulated materials from the
general public except between the hours of 6:00 a.m. through 9:00
p.m.
(b)
Each
metal recycling entity shall at all times maintain and display in
a prominent place within the business, in open view to the seller
of regulated materials, a sign with two-inch lettering that reads:
“A PERSON ATTEMPTING TO SELL ANY REGULATED MATERIAL MUST PRESENT
SUFFICIENT IDENTIFICATION AS REQUIRED BY CITY OF KILGORE ORDINANCE.”
(c)
Each
metal recycling entity shall provide a receipt to the seller on site
at the time of the regulated metals transaction, which records the
date, time and place of the transaction, a description of the regulated
materials involved, and the dollar amount of the transaction. Each
metal recycling entity shall pay for the purchase of any regulated
material, copper, platinum, or any catalytic converter, with a check
and not with cash, said check to be mailed to the seller’s address.
Each metal recycling entity shall maintain the canceled check and
associated bank statement for a minimum of one year from the date
of issuance of the check.
(d)
All
regulated materials purchased by a recycled metals dealer shall be
retained for a minimum period of five working days, exclusive of weekends
and state recognized holidays, at the metal recycling entity location,
before the regulated materials may be transferred from the metal recycling
entity location, treated chemically, placed in any recycling process,
or physically transformed in any manner.
(e)
Whenever
a city police officer has reasonable cause to believe certain items
of regulated materials in the possession of a metal recycling entity
are stolen, the chief of police or the designee of the chief of police
may issue a hold notice. The hold notice must identify the items of
regulated material alleged to be stolen and subject to hold, and inform
the recycled metals entity the materials must not be removed from
the metal recycling entities’ place of business for 60 days
from the date of notice, unless released earlier by the chief of police
or the designee of the chief of police. At the expiration of 60 days
the hold automatically expires and the metal recycling entity may
dispose of the regulated material, unless otherwise directed by a
court of competent jurisdiction.
(f)
Exception (ref section 1956.002 Texas Occupation Code).
This section does not apply to:
(1)
A purchase 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;
(2)
A purchase 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; or
(3)
The transport or hauling of recyclable materials to or from the metal
recycling entity.
(Ordinance 1458 adopted 5/25/10; Ordinance 1557 adopted 7/24/12)
(a)
No
metal recycling entity shall purchase or otherwise receive in the
course of business any item, ownership of which is claimed by a minor,
or which may be in the possession or under the control of a minor,
unless:
(b)
It
shall be the duty of such metal recycling entity to preserve and keep
on file and available for inspection, such written statements of consent
for a period of no less than three years.
(Ordinance 1458 adopted 5/25/10; Ordinance 1557 adopted 7/24/12)
(a)
Each
metal recycling entity shall maintain a record of the following information
with respect to each transaction in which regulated materials are
purchased or received by the entity:
(1)
The date and time and place of receipt of any item;
(2)
The full name, current address and driver’s license number
or state department of public safety personal identification certificate
number, of the person or place of business from whom each item was
received;
(3)
A clear right index fingerprint impression from the person from whom
the item is received;
(4)
A digital photograph of the person from whom the item is received and a copy of a personal identification document reflecting that the person is at least 18 years of age. A digital photograph of the person is not required if the metal recycling entity makes a video recording of the transaction which complies with section 4.03.070 of this division;
(5)
A written record of the license plate number of the motor vehicle
and/or trailer or other mode of transportation on which the item was
delivered;
(6)
The location from which the regulated material was obtained, when
it was obtained and from whom;
(7)
A digital photograph of the regulated material. A digital photograph of the regulated material is not required if the metal recycling entity makes a video recording of the transaction which complies with the requirements of section 4.03.070 of this division;
(8)
A description of the weight and type of the materials received, and
any other information customarily employed in the sale and purchase
of such materials;
(9)
The name of the employee of the recycling entity who facilitates
or conducts the transaction;
(10)
The name and address of the seller, and the check number and amount
paid by the recycling entity in each transaction, if payment is by
check.
(b)
The
records required by this article shall be maintained in English and
must be completed not later than the end of the business day in which
the transaction occurs. The records shall be maintained in an electronic
web based format capable of uploading via the internet to a site designated
by the chief of police. The chief of police shall prescribe rules
to implement the electronic recordkeeping required by this section.
Pending such rules the recycling business entity shall maintain paper
records of the required information.
(c)
The
records required by this section shall be maintained for a period
of at least three years following the date of the transaction.
(d)
The
licensee or employee of any metal recycling entity shall, upon demand
of any police officer of the city, during normal business hours, exhibit
and make available any records, books, business records, receipts,
or transaction records, of the metal recycling entity, which this
division requires the metal recycling entity to maintain.
(Ordinance 1458 adopted 5/25/10; Ordinance 1557 adopted 7/24/12)
If the recycled metals purchaser makes a video recording of the seller of regulated metals and the regulated materials purchased, the recycled metals purchaser will not be required to take a digital photograph of the regulated materials, as required by section 4.03.069(a)(4) and 4.03.069(a)(7) of this division. Each video recording shall be maintained for a period of one year. The recording shall clearly show the uncovered face of the seller of regulated materials, the regulated materials involved in the transaction, and, any vehicle transporting the seller and the regulated materials, including the vehicle license plate. The chief of police shall prescribe administrative rules to implement this requirement and provide such rules in writing to each metal recycling entity. Each videotape shall be made immediately available to any peace officer of the city upon request.
(Ordinance 1458 adopted 5/25/10)
Each metal recycling entity shall comply with the requirements
of Texas Occupations Code section 1956.021 et seq., as amended, to
register as a metal recycling entity with the state. Each metal recycling
entity shall comply with the requirements of Texas Occupations Code
section 1956.036, as amended, to furnish required transaction reporting
to the state department of public safety, within the required time
frame.
(Ordinance 1458 adopted 5/25/10)
An offense under this subsection is a misdemeanor punishable
by a fine not to exceed $500.00. It is hereby declared the culpable
mental state required by chapter 6.02 of the Texas Penal Code is specifically
negated and clearly dispensed with, and an offense under this section
is declared to be a strict liability offense.
(Ordinance 1458 adopted 5/25/10)
