A scrap metal dealer shall not make any of the following purchases:
(1) Any regulated scrap material from a person who:
(a) Is less than eighteen (18) years of age or;
(b) Is unable or refuses to provide the identification and information required in subsection 13-54.4(1)(a)(1); or
(c) Is visibly intoxicated by way of an alcoholic beverage or other impairing substance;
(d) Is on the restricted sellers list as provided to the scrap metal dealer by the division of police.
(2) A vehicle sold for scrap, less than ten (10) years of age, without a valid title or copy of title produced at the time and location of the sale. Failure to produce the title will result in the recycler, scrap metal dealer, dealer in junk or metals, dealer in secondhand articles, vendor of bottles or rags, collector of or dealer in articles found in ashes, garbage, or other refuse, not completing the sale. Vehicles whose title has been surrendered pursuant to KRS 186A.295 are exempt from this section.
(3) Any heating, ventilating, air conditioning (HVAC) equipment in whole units or parts without the seller, while being an employee of a business that provides such services, producing an urban county government-issued HVAC permit or state-issued professional license while selling within the scope of their employment.
(a) Any individual wishing to sell heating, ventilating, air conditioning (HVAC) equipment must provide a permit issued by a city to a homeowner for the installation, alteration, or repair of an air-conditioning system at a particular address and an invoice or repair order for work completed which would show the location and customer name where the units or parts were serviced. Failure to produce any of the required information will result in the scrap metal dealer not completing the sale;
(1) The scrap metal dealer will maintain a copy of the invoice or repair order for work completed at the business location of the sale for a period of time not to exceed two (2) years.
(2) This provision shall not apply to window air conditioning units.
(4) It shall be unlawful for a scrap metal dealer, his agents or employees to purchase any of the following items of regulated scrap materials 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 scrap materials on behalf of the person, business, or entity owning the property:
(1) A manhole cover.
(2) An electric light pole and its fixtures and hardware.
(3) A guard rail.
(4) A street sign, traffic sign, or traffic signal and its fixtures and hardware.
(5) A funeral marker or funeral vase.
(6) An historical marker.
(7) Railroad equipment, including but not limited to a tie plate, switch plate, E clip, or rail tie junction.
(8) Any metal used by, or that is the property of, or any item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.
(9) An aluminum or stainless steel container or bottle designed to hold propane for fueling fork lifts.
(5) An item of regulated scrap metal in its original packaging unless the person selling such item presents a receipt or proof of purchase for that material.
(6) An item of regulated scrap metal that is marked with any form of the name or initials of a private company (excludes manufactures labeling) or that the scrap metal dealer knows or should reasonably be expected to know belongs to a private company unless the person selling such material presents at the time of sale a written, signed statement from the seller attesting to lawful ownership of the material, a receipt from the lawful owner, or a written, signed statement from the lawful owner of the property providing that the seller has authorization to sell or otherwise transfer that property.
(7) Any regulated scrap material that has been smelted, burned, or melted unless, in addition to the other requirements of this subsection, the seller provides the following and the purchaser maintains a copy thereof:
(a) A signed certificate of ownership stating that he or she is the owner of the material and is entitled to sell it; or
(b) A signed certificate from the owner of the material stating that he or she is the owner of the material and that the person selling the material is authorized to sell the material on behalf of the owner;
(8) Any regulated scrap material that is stolen or by reasonable diligence one should know is stolen. The scrap metal dealer, his agents, or employees, shall report to police any attempt to sell such stolen material or material acquired by the dealer subsequently determined or reasonably suspected to be stolen material, and the scrap metal dealer, his agents or employees, shall furnish such other information as might be helpful to the police in investigating the matter.
(Ord. No. 58-2012, § 6, 5-17-12)