07-C Metals and Metal Dealers
DRAFT
f:attorney\ordwork\current\Scrap Metal Sales Ordinance
December 4,2006
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING A NEW ARTICLE
III TO CHAPTER 19 OF SAID CODE ENTITLED METALS AND METAL
DEALERS, BEING 19-30 THROUGH 19-35; REGULATING THE SALE OF
SECONDHAND METAL; PROVIDING FOR A PENALTY; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, sections 1956.001 through 1956.105 of the Texas Occupations Code regulate
metal dealers and metal recycling entities; and,
WHEREAS, criminal violations of the above sections of the Texas Occupations Code
involve some metals or some materials in excess of the weight of 40 and 50 pounds; and,
WHEREAS, the City of Par is, Texas desires to regulate metal dealers and metal recycling
entities involving some metals or some materials which are less than 40 and 50 pounds in weight;
and,
WHEREAS, the City of Par is, Texas desires to place additional identification requirements
and additional record keeping requirements to those already found in the Texas Occupations Code
involving metal dealers and metal recycling entities; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same
is hereby, amended by adding a new Article III to Chapter 19, being Sections 19-30 through 19-35
to read as follows:
"ARTICLE III -METALS AND METAL DEALERS*
*State law references: Sale of Aluminum, Bronze, Copper or Brass Materials to
Second Hand Metal Dealers. Texas Occupations Code, Section 1956 A.
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Sec. 19-30.
Definitions.
The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Aluminum material means a product made from aluminum, an aluminum alloy or
an aluminum by-product. The term includes an aluminum beer keg, but does not
otherwise include an aluminum can used to contain a food or beverage.
Bronze material means:
(1) A cemetery vase, receptacle or memorial made from bronze;
(2) Bronze statuary; or
(3) Material that is readily identifiable as bronze.
Copper or brass material means insulated or noninsulated copper wire or cable of
the type used by public utilities or common carriers that consists of at least 50
percent copper, copper or brass items of a type commonly used in construction or
by public utilities or any combination consisting only of those items.
Passport means a passport issued by the United States or issued by another country
and recognized by the United States.
Personal identification certificate means a personal identification card issued by
the state department of public safety under V.T.C.A., Transportation Code S
521.101 et seq. or an analogous card or certificate issued by another state.
Regulated material means aluminum material, bronze material or copper or brass
material.
Secondhand metal dealer means an auto wrecker, a scrap metal processor or any
other person or organization purchasing, gathering, collecting, soliciting or
traveling about from place to place procuring regulated material or any person
operating, carrying on, conducting or maintaining a scrap metal yard or other place
where scrap metal or cast -off regulated material of any kind is gathered together or
kept for shipment, sale or transfer.
State law references: Similar provisions, Texas Occupations Code, Section
1956.001.
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Sec. 19-31. Violations, penalties.
In addition to the penalties imposed under section 1-6, a court, on the
conviction of a secondhand metal dealer who has been convicted of a violation of
this division within the 36 months preceding the date of the offense, may order that
the dealer cease from engaging in business as a secondhand metal dealer for a
period not to exceed 30 days from the date of the order for each violation that
forms the basis of the conviction.
State law references: Similar provisions, Texas Occupations Code, Section
1956.011.
Sec. 19-32. Records required.
(a) Each secondhand metal dealer shall keep an accurate and legible written record
of any purchase made in the course of the dealer's business from an individual of:
(1) Copper or brass material;
(2) Bronze material; or
(3) Aluminum material.
(b) The record must be in English and must include:
(1) The place and date of each purchase;
(2) The name and address of each individual from whom the regulated
material is purchased or obtained;
(3) The identifying number of the seller's driver's license, military
identification card, passport or personal identification certificate;
(4) A description made in accordance with the custom of the trade of the
type of regulated material purchased and the quantity of the material;
and
(5) A signed statement by the seller that states the seller's right of legal
ownership or right to sell the regulated material offered for sale.
(c) A person attempting to sell a regulated material to a secondhand metal dealer
must:
(1) Display to the secondhand metal dealer the person's driver's license,
military identification card, passport or personal identification
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certificate or, if the seller does not have a driver's license, military
identification card, passport or personal identification certificate, a
statement signed by the seller that states that the seller does not possess
any of these types of identification; and
(2) Sign a written statement provided by the secondhand metal dealer that
states that the person is the legal owner of or is lawfully entitled to sell
the regulated material offered for sale.
(3) Ifno identification is available, then the city shall require every person
selling any of the regulated material to insert their name, address and
place their thumb print plainly and clearly in ink next to his or her
name/signature.
(d) The secondhand metal dealer or the dealer's agent shall visually verify the
accuracy of the identification presented by the seller at the time of the purchase of
a regulated material.
(e) A person commits an offense if that person, with the intent to deceive:
(1) Makes a material and false statement or representation to the
secondhand metal dealer in connection with the dealer's efforts to obtain
the information required under subsection (b) of this section;
(2) Displays to a secondhand metal dealer a false or invalid driver's license,
military identification card, passport or personal identification
certificate in connection with the person's attempted sale of any
regulated material; or
(3) Makes a material and false statement or representation to a secondhand
metal dealer in connection with that person's execution of a written
statement required by subsection (c)(l) or (2) of this section.
State law references: Similar provisions, Texas Occupations Code, Section
1956.010
Sec. 19-33. Preservation of records.
Each secondhand metal dealer shall preserve the records required by Section
19-32 for a period of at least three years.
State law references: Similar provisions, Texas Occupations Code, Section 1956-
006.
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Sec. 19-34. Inspections, reports, mailing.
(a) On request, a secondhand metal dealer shall permit any peace officer of this
state to inspect, during the usual and customary business hours of the dealer, a
record compiled under section 19-32 and any regulated materials in the possession
of the dealer. The inspecting officer shall identify himself as a peace officer.
(b) Except as provided by subsection (c) of this section, not later that seven days
after the purchase or other acquisition of any material required to be recorded under
Section 19-32 a secondhand metal dealer must mail to or file with the city a report
containing the information required to be recorded in Section 19-32.
(c) If a secondhand metal dealer purchases any bronze material that is a cemetery
vase, receptacle, memorial or statuary or any aluminum irrigation pipe that can
reasonably be identified as aluminum irrigation pipe from a person other than the
manufacturer or fabricator of the material, a seller bearing a bill of sale for the
material or the owner of the material, the dealer shall provide oral notification to
the police department not later than the close of business on the dealer's next
working day following the date of the purchase and, not later than the fifth day after
the date of the purchase, shall mail to or file with the police department a report
containing the information required to be recorded in Section 19-32.
State law references: Similar provisions, Texas Occupations Code, Sections
1956.007 & 1956.008.
Sec. 19-35. Exempt purchases.
This division does not apply to a purchase of a regulated material from a
manufacturing, industrial or other commercial vendor that sells regulated materials
in the ordinary course of the vendor's business.
State law references: Similar provisions, Texas Occupations Code, Section 1956-002..
Sees. 19-36-19-50. Reserved."
Section 3. That all ordinances or parts of ordinances in conflict herewith are expressly
repealed.
Section 4. That this ordinance shall become effective on January 1,2007.
PASSED AND ADOPTED this 11th day of December, 2006.
Richard Manning, Mayor