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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. -- T 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. T 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 T 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. T 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