A.
The
purpose of this chapter is to protect the safety and welfare of Merced
County residents by addressing the increasing theft of metals from
Merced County residents, businesses and agencies causing substantial
damages and costs to victims of such thefts and the criminal trafficking
of stolen metals occurring within Merced County and other agricultural
communities throughout the San Joaquin Valley due to the rising and
high market prices of used metals.
(Ord. 1826 § 2, 2007)
means any and all used and secondhand machinery, equipment,
dismantled, scrapped, abandoned or wrecked motor vehicles, including
any parts thereof, and any and all used ferrous and nonferrous metals,
alloys, or products thereof.
includes any person or persons in the business or practice
of buying, selling, transferring, reusing, or dealing in scrap metal,
as defined in this chapter; any person(s) purchasing, gathering, collecting,
soliciting or traveling about from place to place procuring scrap
metal, as defined in this chapter, for sale, transfer or reuse; or
any persons) operating, conducting or maintaining any place or business
where scrap metal, as defined in this chapter, is gathered together
and stored or kept for shipment, sale, transfer, or reuse.
means any place of business, fixed or itinerate, which is
maintained, operated, or used for storing, keeping, gathering, collecting,
soliciting, buying, or selling junk.
means any individual, partner or partnership, firm, trust,
corporation, association, joint venture, club, society or any other
entity.
means any processor, recycling center, or non-certified recycler,
as those terms are defined in Chapter 2 (commencing with Section 14502)
of Division 12.1 of the California Public Resources Code, who buys,
sells or transfers scrap metal, as defined in this chapter, for reuse.
includes, but is not limited to, any used metal materials,
wire, machinery, and equipment, or parts or portions thereof, commonly
used in construction, agricultural operations, electrical power generation,
oil well rigs, railroad equipment, and any nonferrous metals and alloys,
stainless steel, copper, brass, aluminum and nickel which is offered
for sale or transfer, but not including scrap iron, household generated
waste, or aluminum beverage containers, as defined in Chapter 2 (commencing
with Section 14502) of the Division 12.1 of the California Public
Resources Code.
(Ord. 1826 § 2, 2007)
A.
Not withstanding any other provision of the Merced County Code or its regulations, any person or persons in Merced County operating a junkyard, or any person(s) who is a junk dealer or recycler of scrap metals (hereinafter referred to as the "reporting business"), as such terms are defined in Section 6.62.020 of this chapter, shall submit to the Merced County sheriffs department (hereinafter referred to as the "sheriff"), or its duly appointed designee, at least once a week in person or by mail, a full and complete copy of all scrap metal invoices and receipts in a format approved by the sheriff.
B.
A second
invoice copy shall be held by the reporting business in numerical
or chronological order for two years from the date of transaction.
The required invoices shall legibly document all information as set
forth below and as required by state statutes and other regulations
of the state and Merced County. This information includes, but is
not limited to:
1.
The
place and date of each sale or purchase of scrap metals;
2.
The
full name of each seller(s) or person(s) transferring and transporting
scrap metals with the valid driver's license numbers) and state
of issue or the California issued identification card number(s), and
California issued contractor's number, if any;
3.
If
the seller or transferor of any scrap metal has no vehicle license
plate number on the vehicle or trailer, then the vehicle identification
number (VIN) of any motor vehicle and trailer used in transporting
the metals shall be recorded;
4.
The
name and address of each person to whom scrap metal is sold or transferred
by the reporting business and the license number of any motor vehicle
and trailer used in transporting the scrap metals from the control
of the reporting business;
5.
A
full, true and detailed description of the scrap metals purchased,
transferred or sold, including but not limited to the item metal type,
quantity, and identification number if visible;
6.
A
statement indicating either that the seller of the scrap metals is
the owner of the original scrap metal item or the name of the person
from whom the scrap metals were obtained as shown on a signed transfer
document;
7.
The
full name and signature of persons authorizing on behalf of the reporting
business the transfer or sale of the scrap metal;
8.
A
clearly legible thumbprint of each seller or transferor of the scrap
metal.
(Ord. 1826 § 2, 2007)
A.
Every reporting business, as described in Section 6.62.030 of this chapter, dealing in the purchase or transfer of scrap metals, as defined in this chapter, shall retain in their possession for a period of 10 days all scrap metal in the same size, shape and condition in which it was received. The 10 day holding period shall commence with the date the report of acquisition was made by the reporting business to the sheriff or its authorized designee.
B.
During the 10 day holding period, every reporting business shall produce any items reported under Section 6.62.030 of this chapter for inspection upon request by the Merced County department of planning and community development, the Merced County department of public works, the sheriff or other Merced County agency. Property subject to inspection which is stored off the premises of the reporting business shall, upon request for inspection by the sheriff or other Merced County agency, be produced at the reporting business' premises within one business day of the request.
(Ord. 1826 § 2, 2007)
Any reporting business buying, selling or transferring scrap metals, as defined in this chapter, shall make payment for the scrap metal that is in excess of $5 by paper business check payable to the seller and delivered to a physical address provided by the seller no sooner than the termination of the 10 day holding period described in Section 6.62.040 of this chapter.
(Ord. 1826 § 2, 2007)
Every reporting business, as described by Section 6.62.030 of this chapter, shall immediately notify the sheriff by telephone or other means likely to reach the sheriff without delay, of the sale or purchase, or attempted sale or purchase, of any scrap metal, as defined in this chapter, which reasonably appears to be used only by governments, utilities, railroads, farms, or for specific purposes, such as guardrails, manhole covers, high voltage transmission lines, agricultural irrigation pumps, residential and commercial copper pipes and wiring, construction-grade aluminum, historical markers, cemetery plaques, light poles, and bleachers.
(Ord. 1826 § 2, 2007)
It is unlawful for any reporting business to conduct business
or to operate within the county of Merced between the hours of seven
p.m. of one day and six a.m. of the next day. The sheriff may enter
and inspect the place or premises of the reporting business during
said business hours for carrying out the purposes of this chapter
and compliance with any of its provisions. Nothing in this section
or chapter, however, shall be construed to limit the authority or
ability of the sheriff to carry out its law enforcement powers and
duties or to otherwise enter the reporting business' place or
premises at any time for any lawful purpose.
(Ord. 1826 § 2, 2007)
A.
It is unlawful for any reporting business to conduct business or to operate within the county of Merced without first applying for and being issued a conditional use permit or other use permit by the Merced County department of planning and community development in compliance with Title 18 of the Merced County Code, unless such reporting business was grandfathered in from the requirement of a use permit under Merced County Ordinance No. 661 (1972), Chapter 6.28, as repealed and superseded, effective July 2, 1997, by Merced County Ordinance No. 1586, Chapter 18.47 of the Merced County Code regarding zoning and specific use permit requirements.
B.
It shall
be an on-going condition of any use permit that every reporting business
comply with all applicable laws and Merced County ordinances and regulations,
including this chapter.
(Ord. 1826 § 2, 2007)
A.
Any reporting business violating any provision of this chapter, including but not limited to any knowing or intentional misrepresentation of information required under Section 6.62.030 of this chapter or is personally convicted of any felony involving theft, burglary, robbery, embezzlement or other felonious crime of moral turpitude involving dishonesty, deception or fraud, shall be subject to having their use permit, or application for a use permit, revoked or denied by Merced County pursuant to the enforcement procedures set forth at Chapter 18.53 of the Merced County Code.
B.
Any reporting business violating any provision of this chapter, including but not limited to any knowing or intentional misrepresentation of information required under Section 6.62.030 of this chapter or is personally convicted of any felony involving theft, burglary, robbery, embezzlement or other felonious crime of moral turpitude involving dishonesty, deception or fraud, shall be subject to having their business license, or their application for a business license, revoked or denial by Merced County pursuant to the procedures set forth at Chapter 6.02 of the Merced County Code.
C.
Any reporting business violating any provision of this chapter shall also be guilty of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment in the county jail for not more than six months, or both such fine and imprisonment, as provided by Chapter 1.28 of the Merced County Code and California Government Code Section 25132. Each day that the violation of this chapter continues shall be considered a separate offense.
D.
Nothing in this section shall be construed or deemed to prevent or limit the county of Merced and/or the district attorney from seeking some or all penalties provided for under subsections A, B, and C of this section or from seeking any other available enforcement procedure or remedy at law against the reporting business. Nothing in this section shall be construed or deemed to prevent or limit the sheriff from carrying out any arrest, enforcement action, seizure of property, or other duties as permitted by law.
(Ord. 1826 § 2, 2007)
This chapter shall not apply to any of the following:
A.
The
redemption and recycling of metal beverage and liquid containers;
B.
The
selling, buying, or transferring of scrap iron;
C.
The
transfer of household generated scrap metal waste;
D.
A pawnbroker,
as defined in California Financial Code Section 2100;
E.
A secondhand
or used car dealer, merchant or person conducting motor vehicles and
farm machine sales which are not conducted or operated in conjunction
with a junkyard, junk dealer, or recycler;
F.
A motor
vehicle and farm machine parts dealer, merchant or person selling
new equipment that accepts or takes as part payment or credit used
equipment of the same kind and thereafter selling or disposing of
the same;
G.
A secondhand
or used oil well supply and equipment dealer, merchant or person that
is not conducting or operating their business in conjunction with
a junkyard, junk dealer, or recycler.
(Ord. 1826 § 2, 2007)
