(1) Retain copper gutters and downspouts; copper roofing and flashing material; backflow preventer valves; cast iron sinks and bathtubs; and new or bare copper wiring or plumbing materials weighing ten (10) pounds or more in its original form for a period of three (3) business days from the date of purchase unless notified by a peace officer having reasonable cause to believe that the material may be stolen material, in which case, the material may be seized as evidence by the peace officer or, if not seized, shall be retained for an additional thirty (30) days unless earlier notified by a peace officer that the material may be sold. All materials purchased will be maintained, in its received form, in addition, all purchased items will be tagged and stored separately in a manner so that no intermingling of material will occur;
(a) The material purchased from a utility, telecommunications, and or data company need not be held on site for the required time previously stated and may be processed immediately upon acquisition by the scrap metal dealer;
(b) Material purchased from another scrap metal dealer, whether located in Lexington-Fayette Urban County, another county in the State of Kentucky or from out of state need not be held on site for the required time previously stated and may be processed immediately upon acquisition by the scrap metal dealer;
(c) Material purchased from an industrial or commercial account, non-profit organization (civic, religious fraternal, philanthropic, social, patriotic or school sponsored), or a municipal waste department or licensed waste hauler need not be held on site for the require time previously stated and may be processed immediately upon acquisition by the scrap metal dealer.
(2) It shall be the duty of every scrap metal dealer, his agents or employees to hold all suspected stolen regulated scrap material in a secure place for thirty (30) business days upon request by a peace officer. The metal scrap metal dealer, his agents or employees, may not process or remove the material from the dealer's premises before the thirtieth business day after receipt of the request from a peace officer to hold the material unless;
1. The material is released into a peace officer's care, custody and control at an earlier time;
2. A peace officer releases the hold on the material upon an earlier date;
3. A peace officer makes a written request to extend the holding period for up to ninety (90) business days from the date the original request is received; or
4. A court orders release of the material.
(3) Permit any peace officer to inspect the register, and if the peace officer deems it necessary to locate specific stolen regulated scrap material, may inspect the regulated scrap materials received during business hours. This section also includes the inspection of holding areas where the materials are stored.
(Ord. No. 58-2012, § 5, 5-17-12)