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In this chapter:
(1) CASH TRANSACTION CARD means a card issued to a seller by a secondary metals recycler in compliance with Section 40B-6(f) of this chapter that allows a secondary metals recycler, at the time of purchase, to give consideration in the form of cash or a debit card to a seller in a purchase transaction for regulated metal property.
(2) CATALYTIC CONVERTER means a device used to reduce the toxicity of emissions from an internal combustion engine through the use of a catalyst (typically a platinum- iridium catalyst) that converts the toxic combustion by-products into less toxic gases or products. A catalytic converter includes any material removed from a catalytic converter.
(3) CHECK means a check, draft, or other negotiable or nonnegotiable order of withdrawal that is drawn against funds held by a financial institution.
(4) CHIEF means the chief of police for the city of Dallas or a designated representative.
(5) DEBIT CARD means a card issued by a bank that combines the functions of an automatic teller machine (ATM) card and checks. A debit card can be used to withdraw cash at a bank like an ATM card and can also be used at stores to pay for goods and services in place of a check. Unlike a credit card, a debit card automatically withdraws money from a checking account at the time of the transaction.
(6) FERROUS METAL means a metal that contains significant quantities of iron or steel.
(7) HOLD NOTICE means written notification by the chief to a secondary metals recycler stating that the secondary metals recycler may not sell, redeem, or dispose of certain regulated metal property that the chief has reasonable cause to believe has been stolen.
(8) LICENSEE means a person in whose name a license has been issued under this chapter or a person listed as an applicant on the application for a license.
(9) NONFERROUS METAL means a metal that does not contain significant quantities of iron or steel, including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.
(10) PERSON means an individual, partnership, corporation, joint venture, trust, association, and any other legal entity.
(11) PERSONAL IDENTIFICATION CERTIFICATE means a personal identification card issued by the Texas Department of Public Safety under Chapter 521, Subchapter E of the Texas Transportation Code, as amended, or a similar card or certificate issued by another state.
(12) PURCHASE TRANSACTION means a transaction in which a secondary metals recycler gives consideration, or agrees to give consideration, in exchange for regulated metal property.
(13) REGULATED METAL PROPERTY means any item composed in whole or in part of any ferrous or nonferrous metal, other than an item composed in whole of tin.
(14) SECONDARY METALS RECYCLER means any person who:
(A) is engaged in the business of purchasing, collecting, or soliciting regulated metal property; or
(B) operates or maintains a facility where regulated metal property is purchased or kept for shipment, sale, transfer, or salvage.
(15) SELLER means any person who, in a purchase transaction, receives consideration from a secondary metals recycler in exchange for regulated metal property.
(16) THUMBPRINT IMPRESSION means an intentional recording of the friction ridge detail on the volar pads of the thumb. (Ord. Nos. 20260; 22958; 26537; 27202; 27249; 32726)
(a) A secondary metals recycler shall maintain an electronic record or accurate and legible record of each purchase transaction. Each transaction must be recorded and filed separately.
(b) The record of each purchase transaction must be in English and contain the following information:
(1) the name and street address of the secondary metals recycler;
(2) the name or initials of the individual recording the information required by this section for the secondary metals recycler;
(3) the seller’s name, street address, sex, and birthdate and the identifying number from the seller’s current and valid driver’s license issued by a state in the United States, United States military identification card, or personal identification certificate;
(4) the make, model, and license plate number of the motor vehicle in which the regulated metal property is delivered in a purchase transaction, along with a clear digital still photograph of the motor vehicle and any trailer attached to the motor vehicle;
(5) the place, date, and time of the purchase transaction;
(6) the weight, quantity, or volume and a description, made in accordance with the custom of the trade, of the regulated metal property purchased, along with a clear digital still photograph of the regulated metal property;
(7) a general description of the predominant types of regulated metal property purchased in the purchase transaction;
(8) the amount of consideration given in a purchase transaction for the regulated metal property and, if the seller was:
(A) paid by check, a copy of the check;
(B) paid in cash, a copy of the seller’s valid cash transaction card (or the seller’s current approved application for a cash transaction card); or
(C) paid by debit card, a copy of the debit card receipt and, if payment was made at the time of purchase, a copy of the seller’s valid cash transaction card (or the seller’s current approved application for a cash transaction card);
(9) written documentation evidencing that the seller is the legal owner, or is lawfully entitled to sell, the regulated metal property or a signed statement from the seller affirming a legal right of ownership and the right to sign over title to the regulated metal property offered for sale;
(10) a clear digital still photograph of the seller, taken at the time of the purchase transaction, that clearly depicts the seller’s facial features; and
(11) a clear and legible thumbprint impression of the seller, unless a valid cash transaction card issued is presented by the seller to the metal recycling entity under this chapter if the sale is for a catalytic converter.
(c) A person selling or attempting to sell regulated metal property to a secondary metals recycler shall:
(1) display to the secondary metals recycler the person’s current and valid driver’s license issued by a state in the United States, United States military identification card, or personal identification certificate;
(2) provide to the secondary metals recycler the make, model, and license plate number of the motor vehicle used to deliver the regulated metal property;
(3) sign a written statement provided by the secondary metals recycler affirming that the person is the legal owner of, or is lawfully entitled to sell, the regulated material offered for sale; and
(4) for a catalytic converter provide:
(A) the year, make, model, and vehicle identification number for the vehicle from which the catalytic converter was removed; and
(B) a copy of the certificate of title or other documentation indicting that the person has an ownership interest in the vehicle described in Subparagraph (A).
(d) The secondary metals recycler or the recycler’s agent shall visually verify the accuracy of the identification presented by the seller at the time of each purchase of regulated metal property and make a copy of the identification to be maintained by the secondary metals recycler in the record of the purchase transaction. A metal recycling entity may not purchase a catalytic converter unless the entity determines that the catalytic converter is consistent with the manufacturer's specifications for a catalytic converter from the vehicle for which the seller provided the information under Subsection (c).
(e) A secondary metals recycler shall maintain on file the information required by this section for not less than three years after the date of the purchase transaction. A secondary metals recycler shall make these records available for inspection by any police officer, upon request but not later than 72 hours, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.
(f) A secondary metals recycler shall mark, in the manner prescribed by the commission by rule, each catalytic converter purchased by the entity with a unique number and shall keep the information in the electronic record or accurate and legible written record in compliance with Subsection (e).
(g) The owner of a garage or repair shop that sells to a metal recycling entity registered under Chapter 40B a catalytic converter that the person removed in connection with a motor vehicle repair shall maintain a record of all repairs for the vehicle, and such record shall be kept until at least the second anniversary of the date of repair, that includes:
(1) the name and address of the vehicle's owner; and
(2) copies of all related invoices. (Ord. Nos. 20260; 22958; 26537; 27202; 27249; 32726)
(a) A secondary metals recycler shall at all times maintain in a prominent place in the secondary metals recycler’s place of business, in open view to a seller of regulated metal property, a notice in two-inch lettering that:
(1) contains the following or similar language approved by the chief: “A PERSON ATTEMPTING TO SELL ANY REGULATED METAL PROPERTY MUST PRESENT SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY CITY OF DALLAS ORDINANCE”; and
(2) states the usual business hours of the secondary metals recycler.
(b) The notice required by this section may be contained on a sign that contains another notice required by law to be displayed by the secondary metals recycler. (Ord. Nos. 22958; 26537; 27202; 27249)
A secondary metals recycler shall maintain at its place of business, or otherwise have immediate access to, a facsimile, telecopier, or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated metal property may be expeditiously received from the police department. The equipment must be operable at all times during the usual and customary business hours of the secondary metals recycler. The secondary metals recycler shall maintain the facsimile number or other access number of the equipment on file with the chief and shall notify the chief within 24 hours after any change in the number. (Ord. Nos. 22958; 26537; 27202; 27249)
(a) A secondary metals recycler shall conduct all purchase transactions only between the hours of 7:00 a.m. and 7:00 p.m.
(b) A secondary metals recycler shall not purchase any item of regulated metal property from:
(1) an intoxicated person; or
(2) a person who does not deliver the item of regulated metal property to the secondary metals recycler’s place of business in a motor vehicle or in a trailer attached to a motor vehicle.
(c) A secondary metals recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller owns the property (such as by a receipt or bill of sale) or proof that the seller is an employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business, or entity owning the property and the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or entity owning the property:
(1) A manhole cover.
(2) An electric light pole or other utility structure and its fixtures and hardware.
(3) A guard rail.
(4) A street sign, traffic sign, or traffic signal and its fixtures and hardware.
(5) Communication, transmission, and service wire.
(6) A funeral marker or funeral vase.
(7) An historical marker.
(8) Railroad equipment, including but not limited to a tie plate, signal house, control box, switch plate, E clip, or rail tie junction.
(9) Any metal item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.
(10) A copper or aluminum condensing or evaporator coil from a heating or air conditioning unit.
(11) An aluminum or stainless steel container or bottle designed to hold propane for fueling fork lifts.
(12) A catalytic converter or any part of a catalytic converter.
(d) A secondary metals recycler shall maintain on file the information required by Subsection (c) of this section for not less than three years after the date of the purchase of the item of regulated metal property. In addition, the record for each catalytic converter transaction must contain a description made in accordance with the custom of the trade for the volume of catalytic converters sold or transferred, the name of the person from whom the catalytic converters were purchased or otherwise acquired, and the date of the transaction. A secondary metals recycler shall make these records available for inspection by any police officer, upon request, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.
(e) Except as provided in Subsection (f) of this section, a secondary metals recycler may not, at the time of purchase, give any form of consideration in a purchase transaction for regulated metal property, but must pay the seller for the purchased regulated metal property by mailing a check or debit card to the seller at the seller’s street address as listed in the record of the purchase transaction. A copy of the check or the debit card receipt must be maintained on file with the purchase transaction record.
(f) A secondary metals recycler may, at the time of purchase, give consideration in the form of cash or a debit card credit in a purchase transaction for regulated metal property if the seller presents the secondary metals recycler with a valid cash transaction card issued by any secondary metals recycler located in the city (or the secondary metals recycler obtains a copy of the cash transaction card and the complete approved application for the card from its own files or from a secondary metals recycler located in the city that issued the card to the seller), and all of the following requirements are met:
(1) A secondary metals recycler may only issue or renew a cash transaction card to a seller after receiving an application signed by the seller that contains:
(A) the seller’s name, street address, sex, and birthdate and the identifying number from (and a copy of) the seller’s current and valid driver’s license issued by a state in the United States, United States military identification card, or personal identification certificate;
(B) a clear digital still photograph of the seller, taken at the time of application, that clearly depicts the seller’s facial features;
(C) a clear and legible thumbprint impression of the seller; and
(D) the signature of the individual approving the application on behalf of the secondary metals recycler.
(2) The secondary metals recycler may only issue or renew a cash transaction card by mailing it to the seller at the seller’s street address listed in the application for the card.
(3) The cash transaction card must contain:
(A) the name and street address of the seller;
(B) a clear digital still photograph of the seller;
(C) an identifying number that is unique to the individual card; and
(D) the expiration date of the card, which date may not exceed two years after the date of issuance.
(4) The cash transaction card must be laminated or made of a rigid plastic or other durable material that will preserve the legibility of the information contained on the card.
(5) The cash transaction card may not be transferable to another person.
(6) A secondary metals recycler shall visually verify that the identification presented by the seller under Section 40B-3(c)(1) corresponds to the identifying information on any cash transaction card presented by the seller or on any copy of the cash transaction card and the complete approved application for the card obtained from the secondary metals recycler’s own files or from the secondary metals recycler that issued the card to the seller.
(7) By the end of the next business day after invalidating a cash transaction card for any reason, the secondary metals recycler that issued the card shall notify the chief of the card’s invalidation and provide other information relating to the card as determined necessary by the chief. After receiving such notification, the chief shall notify all other secondary metals recyclers of the card’s invalidation. A secondary metals recycler shall not accept any cash transaction card after being notified of its invalidation.
(8) A secondary metals recycler shall maintain on file each application for a cash transaction card made to it or obtained from another secondary metals recycler (including a copy of each cash transaction card issued or renewed by it or the other secondary metals recycler) for not less than two years after the date of the application, issuance, or renewal of the card, whichever is later. A secondary metals recycler shall make these records available for inspection by any police officer, upon request, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.
(g) The requirements of Subsections (e) and (f) of this section do not apply to any item of regulated metal property composed solely of ferrous metal material, unless the item is listed in Subsection (c) of this section or unless the secondary metals recycler has received notice that the chief has, in accordance with this subsection, designated the item or type of item as being subject to those requirements. The chief shall periodically review theft statistics on ferrous regulated metal property and establish a list of items or types of items that the chief determines are subject to the requirements of Subsection (e) and (f). A current list must be maintained on file in the chief’s office, or in another designated office of the police department, so that it may be inspected by the public during the city’s normal business hours. Notice of the list must be given to secondary metals recyclers in accordance with schedules and procedures established by the chief. A secondary metals recycler is presumed to have received notice of the list if the police department transmits the list to the facsimile number or access number provided by the secondary metals recycler under Section 40B-5 of this chapter. (Ord. Nos. 22958; 26537; 27202; 27249; 32726)
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