No recycling facility permittee shall:
(a) receive any article or thing by way of pledge or pawn, nor shall such permittee loan or advance any sum of money on the security of any article or thing;
(b) receive or hold a license to conduct the business of pawnbroker, secondhand dealer or itinerant dealer in secondhand clothing;
(c) purchase any article whatsoever from any minor without the written consent of the minor's parent or guardian;
(d) purchase any article from any person who appears to be intoxicated or under the influence of any drug;
(e) keep, maintain or conduct a place for the purchase, reception or keeping of stolen goods;
(f) accept, receive, purchase or acquire any charred metal unless the permittee can demonstrate through receipts or other documentation approved by the commissioner that the material has come from a properly licensed company which has and uses processing equipment with the appropriate functioning emission control devices to remove coatings on the wire;
(g) sort through garbage for the purpose of recovering recyclable material without first obtaining a waste handling facility permit issued under Section 11-4-1520;
(h) accept, receive, purchase or acquire any material that is delivered to the facility in any (1) city-owned or government-owned garbage container or cart; or (2) city-owned or government-owned recycling container or cart; or (3) retail store shopping cart of the type commonly provided by big-box stores and supermarkets for use by customers to transport merchandise to the checkout counter during shopping; or
(i) purchase, or otherwise acquire for consideration of any type, any catalytic converter that is not attached to a motor vehicle unless the detached catalytic converter is accompanied by the motor vehicle from which it was removed, or any portion of a dismantled catalytic converter that is reasonably identifiable as such, unless the person selling, disposing of or otherwise transferring such catalytic converter or portion thereof to the permittee: (1) is a properly licensed motor vehicle repair shop under Chapter 4-228 of this Code and provides the permittee with a copy of the invoice required under Section 4-228-217(b), or (2) is another properly permitted Class IVA or Class IVB recycling facility under Chapter 11-4 of this Code, and in addition (3) is a regular customer of the permittee with an established customer account within the meaning of Section 11-4-2625(a) containing proof of the required licensure and meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts. Provided, however, that if a motor vehicle repair shop is located outside of the corporate limits of the city and is not required to be licensed under Chapter 4-228 of this Code, such motor vehicle repair shop shall: (i) provide the permittee with all of the information set forth in Section 4-228-217(b) pertaining to the catalytic converter or portion thereof that is being sold, disposed of or transferred to the permittee, and (ii) have an established customer account with the permittee meeting the criteria for an established customer account as set forth in the department’s rules and regulations governing such accounts.
In addition to any other penalty provided by law, any person who violates this subsection (i) shall be fined not less than $1,000.00 nor more than $2,000.00 for the first violation; not less than $2,000.00 nor more than $3,500.00 for the second violation for the same offense within one year of the first offense; and not less than $3,500.00 nor more than $5,000.00 for the third and each subsequent violation for the same offense within one year of the previous offense.
(Added Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 6-9-10, p. 93530, § 4; Amend Coun. J. 7-25-12, p. 31401, § 3; Amend Coun. J. 5-6-15, p. 108540, § 7; Amend Coun. J. 11-7-18, p. 88803, § 31)