(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)