§ 54-211. Records required.

(a)

A secondary metal recycler shall enter all transactions of all acquisitions of regulated metal property purchased into a third party database which has been approved by the chief of police by the end of the next business day. The secondary metal recycler is hereby required to accurately record the following information regarding the acquisition of any regulated metal property in the database:

(1)

The time, date and place of transaction;

(2)

The seller's name, address, photograph, sex, date of birth and the identifying number from the seller's driver's license, military identification card, passport or government issued personal identification card. The identifying number from an official governmental document that includes a photograph for a country other than the United States may be used as an identifying number provided that a legible thumbprint is also obtained;

(3)

The license number, color and style or make of any motor vehicle that is used in delivering any regulated metal property;

(4)

Any vehicle identification number or serial number for any motor vehicle, other junk vehicle or vehicle part, including previously crushed vehicles;

(5)

A full description, made in accordance with the custom of the trade, of the predominant types of acquired regulated metal property, including specification of how many detached catalytic converters, if any;

(6)

The weight, quantity or volume, made in accordance with the custom of the trade of the acquired regulated metal property;

(7)

A description of the motor vehicle, junk vehicle or vehicle part, including the make, model, color and a photograph of the motor vehicle;

(8)

The name of the individual acting on behalf of the secondary metal recycler in acquiring the regulated metal property.

(b)

Every secondary metal recycler shall maintain a retrievable electronic database and a video or photo time-stamped recording system. The electronic database shall contain a distinct and consecutively numbered record of each and every purchase of ferrous and non-ferrous metals and shall be available for inspection at all times by police or other law enforcement officers during normal business hours. All secondary metal transactions must be recorded on camera where the seller's image is captured along with, and in conjunction with, a photographic image of the vehicle in which the seller delivered the items and the personal identification required by subsection 54-211(b)(2)b. The photographic video image of each transaction and the photographic video image of the vehicle must be maintained for a minimum of 30 days. At the time of acquiring any regulated metal property, the secondary metal recycling permit holder is hereby required to:

(1)

Obtain, for all vehicles, an appropriate vehicle title, junking certificate, bill of sale created by a government entity or any other proof of ownership as accepted by the state, or bill of sale issued by a governmentally operated vehicle impound facility if the vehicle purchased has been impounded by such facility or agency.

(2)

Accurately and legibly record the following information:

a.

The time, date and place of transaction;

b.

The seller's name, address, photograph, sex, date of birth and the identifying number from the seller's driver's license, military identification card, passport or government issued personal identification card. The identifying number from an official governmental document that includes a photograph for a country other than the United States may be used as an identifying number provided that a legible thumbprint is also obtained;

c.

The license number, color and style or make of any motor vehicle that is used in delivering any regulated metal property;

d.

Any vehicle identification number or serial number for any motor vehicle, other junk vehicle or vehicle part, including previously crushed vehicles;

e.

A full description, made in accordance with the custom of the trade, of the predominant types of acquired regulated metal property, including specification of how many detached catalytic converters, if any;

f.

The weight, quantity or volume, made in accordance with the custom of the trade, of the acquired regulated metal property;

g.

A description of the motor vehicle, other junk vehicle or vehicle part, including the make, model, color, and a photograph of the motor vehicle;

h.

The consideration given in a purchase transaction for the regulated metal property;

i.

The name of the individual acting on behalf of the secondary metal recycler in acquiring the regulated metal property.

(3)

The seller must sign the director's required statement verifying that the seller is the owner, that the item or items being sold are free of encumbrances, that the item or items are not stolen and that the seller has the legal authority to sell the item or items. If the seller is acting on behalf of the owner, they must provide the name and address of the owner and submit a signed statement that states the item or items being sold are free of encumbrances, are not stolen and that they, the seller, has permission to sell the item on behalf of the owner.

(4)

The designated agent or their verified representative must sign a statement that the correct vehicle identification number and photo of the vehicle is listed in the director's required statement.

(5)

Make all payments which are $500.00 or more, by issuing a pre-numbered check drawn on a regular bank account in the name of the licensed scrap metal dealer and with such check made payable to the person documented as the seller in accordance with this section or by using a system for automated cash or electronic payment distribution which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with this chapter.

(c)

With the exception of (1), (2) (3) and (4) of subsection (a) and (2)a, (2)b, (2)c, and 2(d) of subsection (b), the provisions of this section shall not apply to purchases from another secondary metal recycler that holds a current valid permit as described in this chapter, a salvage yard that holds a current valid permit as described in this chapter or a business located outside the city that holds an active National Motor Vehicle Title Information System ("NMVTIS") Reporting ID and a current license with their state of origin as secondary metal recycler, salvage yard or equivalent.

(d)

Notwithstanding any other provision to the contrary, (4) of subsection (a) and 2(d) of subsection (b) shall not apply to purchases of crushed motor vehicles or crushed junk vehicles from another secondary metal recycler that holds a current valid permit as described in this chapter, a salvage yard that holds a current valid permit as described in this chapter or a business located outside the city that holds an active NMVTIS reporting ID and a current license with their state of origin as secondary metal recycler, salvage yard or equivalent.

(e)

For any transaction made according to the exceptions in subsections (c) and/or (d) the seller must provide at the time of the transaction a copy of the applicable permit or a copy of their license and NMVTIS reporting ID. For all transactions for the purchase of three or fewer motor vehicles or other junk vehicles completed under subsections (c) and/or (d), payment shall be issued to the secondary metal recycler or salvage yard in the name of the business listed on their permit or license, via check mailed to the address on the permit or license or via electronic direct deposit to an account in the name of the business listed on the license or permit. A transaction shall be limited to a single truck load.

(f)

With the exception of (1), (2) and (3) of subsection (a) and (2)a, (2)b and (2)c of subsection (b), the provisions of this section shall not apply to any transaction for which the regulated metal property is a minor part of a larger item, except for equipment used in the generation and transmission of electrical power or telecommunications.

(g)

The provisions of this section shall not apply for the acquisition of tin cans or aluminum cans.

(Ord. No. 080612, § 1, 6-26-08; Ord. No. 120098, § 1, 2-2-12; Ord. No. 130792 , § 1, 10-17-13; Ord. No. 180606 , § 1, 12-20-18)

Note— Former § 54-212. See editor's note, § 54-204.