Every recycler, dealer in junk or metals, dealer in secondhand articles, vendor of bottles or rags, collector of or dealer in articles found in ashes, garbage, or other refuse, whether such dealers, collectors, or vendors have established places of business or operate a business of an itinerant nature, shall, with regard to any catalytic converter, metal beverage container that is capable of holding more than two liters of beverage and is marketed as returnable, railroad rails, non-ferrous metal or an alloy thereof, ferrous or an object containing non-ferrous metal, and ferrous metal or an alloy thereof:
(A) Keep a register that contains:
(1) A photocopy of a valid driver’s license or other government-issued identification card or document which contains the name, photograph, and signature of the seller. If the purchaser has a copy of the seller’s valid photo identification on file, it shall not be necessary for the purchaser to make another copy of the identification document for each purchase if the purchaser references the number on the identification document in the register at the time of each purchase;
(2) The state and license number of the motor vehicle used to transport the purchased catalytic converter, metal beverage container that is capable of holding more than two liters of beverage and is marketed as returnable, railroad rail, non-ferrous metal or an alloy thereof, or object containing non-ferrous metal or an alloy thereof, to the place of purchase, which shall be provided by the seller of the items;
(3) The time and date of the transaction;
(4) A description in the usage of the trade of the kind and weight of the railroad rail, non-ferrous metal or an alloy thereof, or object containing the non-ferrous metal or an alloy thereof purchased; and
(5) The amount paid for the material and the unit basis of the purchase, such as by ounce or pound, and the like.
(B) Not purchase any metal that has been smelted, burned, or melted unless, in addition to the other requirements of this division (B), the seller provides the following, and the purchaser maintains a copy thereof:
(1) A signed certificate of ownership stating that he or she is the owner of the metal and is entitled to sell it; or
(2) A signed certificate from the owner of the metal stating that he or she is the owner of the metal, and that the person selling the metal is authorized to sell the metal on behalf of the owner.
(C) Not purchase any catalytic converter, metal beverage container that is capable of holding more than two liters of beverage and is marketed as returnable, railroad rail, non-ferrous metal or an alloy thereof, or an object containing non-ferrous metal or an alloy thereof from a person who:
(1) Is less than 18 years of age; or
(2) Is unable or refuses to provide the identification and information required in division (C)(1) above.
(D) Retain the information required by this section for a period of two years, after which time, the information may be retained, destroyed in a manner that protects the identity of the owner of the property and the seller of the property, or transferred to a law enforcement agency specified in division (G) below;
(E) If the purchaser ceases business, transfer all records and information required by this section to a law enforcement agency specified in division (G) below;
(F) Permit any peace officer to inspect the register, and if the peace officer deems it necessary to locate specific stolen property, may inspect the catalytic converter, metal beverage and container that is capable of holding more than two liters of beverage is marketed as returnable, railroad rail, non- ferrous metal or an alloy thereof, or object containing non-ferrous metal or an alloy thereof received during business hours;
(G) Upon written request of the Sheriff or Chief of Police, as appropriate, make a report containing the information required to be retained in the register under division (A) above in person, in digital format, in writing, or by electronic means within 24 hours of the transaction to:
(1) The Sheriff of the county in which the purchase was made and the Sheriff of the county in which the business is located; and
(2) When the purchase was made in a city, county, urban-county, charter county, consolidated local government, or unified local government, to the police department of the city, county, urban-county, charter county, consolidated local government, or unified local government in which the purchase is made and the police department of the city, county, urban-county, charter county, consolidated local government, or unified local government in which the business is located, unless there is no police department in that jurisdiction.
(H) Comply with a written request pursuant to division (G) above until a written notice to cease sending the reports required by division (G) above is received by the purchaser. A request may relate to:
(1) All records of purchases;
(2) Records of a specific class of metals or items purchased;
(3) Records of purchases during a specific period of time; or
(4) Records of a specific purchase or purchases.
(I) Retain the property in its original form or a photograph or digital image of the property for a period of three business days from the date of purchase unless notified by a peace officer having reasonable cause to believe that the property may be stolen property, in which case, the property may be sized as evidence by the peace officer or, if not seized, shall be retained for an additional 30 days unless earlier notified by a peace officer that the property may be sold.(Ord. 2011-10, passed 8-10-2011)