Every scrap metal dealer, whether such dealers have established places of business or operate a business of an itinerant nature, with regard to any regulated scrap material shall:
(a) Keep a register that contains:
(1) A photocopy of a valid driver's license or other government-issued identification card 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; however, a photocopy of a valid driver's license or government-issued identification card must be presented with each purchase.
(2) The state and license number of the motor vehicle used to transport the regulated scrap materials to the place of purchase, which shall be provided by the seller of the items. If the displayed registration plate is a temporary license plate then the VIN number of the transport vehicle shall be recorded;
(3) The time and date of the transaction;
(4) A description in the usage of the trade of the kind and weight of the regulated scrap materials and information regarding the material acquired stating the weight and a detailed description of the materials. If the material is tubing, the diameter will be recorded and noted as new or used. All items for purchase shall be photographed in digital format from a position that is capable of revealing a true depiction of the material; and
(5) The amount paid for the regulated scrap material and the unit basis of the purchase, such as by ounce or pound, etc.;
(6) Purchases made from a utility, telecommunications, and/or data communication's company should be documented in a manner that accurately depicts the type of regulated scrap material purchased and the total weight of the purchase. If a mix of material is purchased then an accurate notation of the various materials shall be noted in the registry, including the company making the sale and the employee or representative of the company making the transaction;
(7) If the scrap is a vehicle as defined, the VIN number or other identifying number or mark shall be recorded along with a photograph of the VIN, other identifying number, or mark. The photograph shall be taken in digital format for future processing. If the VIN or other identifying number or mark is not readily accessible then photographs in the listed manner shall be taken from four (4) vantage points to accurately depict the description of the scrapped vehicle in the manner in which it was purchased;
(8) Retain the information required by this section for a period of two (2) years, after which time, the information may be retained or destroyed in a manner that protects the identity of the owner of the regulated scrap material and the seller of the material.
(9) If the purchaser ceases business, transfer all records and information required by this section to the chief of police;
(10) Upon written request of the chief of police, as appropriate, upload the required data to a secure, electronic database approved by the chief of police no later than the close of business on the day the regulated scrap material was purchased by the scrap metal dealer.
(11) Comply with a written request pursuant to subsection (10) of this subsection until a written notice to cease sending the reports required by subsection (10) of this section is received by the purchaser. A request may relate to:
(a) All records of purchases;
(b) Records of a specific class of metals or items purchased;
(c) Records of purchases during a specific period of time;
(d) Records of a specific purchase or purchases; and
(e) Photographs of regulated scrap material purchased.
(12) The police department receiving records pursuant to this section shall retain the records for two (2) years, after which time, it may either retain or destroy the records in a manner that protects the identity of the owner of the regulated scrap material, the seller of the material, and the purchaser of the material; or if uploaded to a secure database, the retention schedule will be regulated by that company's policy and procedure;
(13) Any record required to be made or reported pursuant to this section may be kept and reported in hard copy and uploaded to a secure database in digital or in electronic format.
(14) A scrap metal dealer shall not enter into any cash transaction for the purchase of any restricted metals as defined in section 13-54.1.
(a) Payment by a scrap metal dealer for the purchase of restricted metals shall be made by check issued to the seller and payable to the seller.
(b) Each check for payment shall be mailed by the scrap metal dealer directly to the street address of the seller. Payment shall not be mailed to a post office box.
(c) Each check shall be mailed by the scrap metal dealer to the seller no sooner than one (1) day after the purchase transaction.
(15) Scrap metal dealers or their designee shall meet at least every quarter with the designee from the chief of police.
(Ord. No. 58-2012, § 4, 5-17-12)