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This article is an exercise of the city's police power to promote regulation of metal recycling entities through the recovery of stolen property. In addition to state law, the city seeks to provide additional licensing, recordkeeping requirements, and enforcement procedures, that will enable the Fort Worth police department to identify and recover public and private property composed of certain metal that may have been illegally appropriated.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
In this article:
CHIEF OF POLICE. The chief of police for the City of Fort Worth, or a designated representative.
CLEAR DIGITAL STILL COLOR PHOTOGRAPH. A photo, of a resolution approved by the chief of police, which accurately depicts the image being captured.
CLEAR AND LEGIBLE THUMBPRINT. An intentional recording of the friction ridge detail on the volar pads of the thumb.
LICENSEE. A person in whose name a license has been issued under this article or a person listed as an applicant on the application for a license.
METAL RECYCLING ENTITY. Shall have the meaning assigned under Tex. Occupations Code § 1956.001(7).
PERSON. An individual, partnership, corporation, joint venture, trust, association and any other legal entity.
PERSONAL IDENTIFICATION DOCUMENT. Shall have the meaning assigned under Tex. Occupations Code § 1956.001(8).
PURCHASE TRANSACTION. A transaction in which a metal recycling entity gives consideration in exchange for regulated material.
REAL-TIME ELECTRONIC WEB-BASED DATABASE. The electronic filing system approved by the chief of police in which data is organized by fields and records, and that is capable of transmitting a file or responding to input immediately via the internet.
REGULATED MATERIAL. Shall have the meaning assigned under Tex. Occupations Code § 1956.001(9).
SELLER. Any person who, in a purchase transaction, receives consideration from a metal recycling entity in exchange for regulated material.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
(a) A metal recycling entity shall maintain an accurate and legible record of each purchase transaction. Each transaction must be recorded and filed separately.
(b) With the exception of the sale or transfer of aluminum cans, a metal recycling entity shall keep at its place of business a record in the real-time electronic web-based database, in which he or she shall enter daily in English, a full description of each purchase transaction at his or her place of business. The record must contain the items required under Tex. Occupations Code §§ 1956.033 and 1956.0331 as well as the following:
(1) The name and street address of the metal recycling entity;
(2) The name or initials of the individual recording the information required by this section for the metal recycling entity;
(3) The seller's gender and birth date;
(4) The make, model, color and license plate number of the motor vehicle in which the property is delivered in a purchase transaction, along with a clear digital still color photograph of the motor vehicle and any trailer attached to the motor vehicle and a clear digital still color photograph of the associated license plate(s);
(5) The time of the purchase transaction;
(6) An accurate description of the regulated material purchased and the type of metal from which the regulated material is made, including the weight, quantity or volume and a description, made in accordance with the custom of the trade, of the regulated material purchased, along with a clear digital still color photograph of the regulated material;
(7) The amount of consideration given in a purchase transaction for regulated material; and
(8) A clear and legible thumbprint of the seller taken at the time of the purchase transaction.
(c) All electronic submissions to the real-time electronic web-based database must be completed within 24 hours of the purchase transaction.
(d) A metal recycling entity shall maintain on file the information required by subsection (b) of this section for not less than two years after the date of the purchase transaction.
(e) A seller shall comply with all requirements of Tex. Occupations Code Chapter 1956 and in addition:
(1) Provide to the metal recycling entity the make, model, color and license plate number of the trailer used to deliver the regulated material, and the name of the state issuing the license plate; and
(2) Provide a clear and legible thumbprint taken at the time of the purchase transaction.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
(a) In addition to the notice requirements contained in Tex. Occupations Code § 1956.031(a)(1), a metal recycling entity shall at all times also maintain in a prominent place in the metal recycling entity's place of business, in open view to a seller, a notice in two-inch lettering that includes the following clause or similar language approved by the chief of police:
"A PERSON ATTEMPTING TO SELL ANY REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY CITY OF FORT WORTH ORDINANCE AND STATE LAW.”
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
(a) A metal recycling entity shall maintain at its place of business, or otherwise have immediate access to, electronic mail, a facsimile machine, or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated material may be expeditiously received from the Fort Worth police department. The equipment must be operable at all times during the usual and customary business hours of the metal recycling entity. The metal recycling entity shall maintain the facsimile number, electronic mail address, or other access number of the equipment on file with the chief of police (or designee) and shall notify the chief of police (or designee) within 24 hours after any change in the number or electronic mail address.
(b) The chief of police (or designee) may provide to metal recycling entities notices of, including, but not limited to:
(1) Photocopies of fraudulent or forged personal identification documents provided by sellers under this article;
(2) Individuals convicted of theft of regulated material for offenses arising in the City of Fort Worth; and
(3) Regulated materials reported or suspected stolen.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
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