(A) Any Law Enforcement Agency may examine during regular business hours the inventory or transaction records required under this chapter of any secondary metals recycler or his or her clerk, if law enforcement deems it necessary when in search of stolen property or to verify compliance with this chapter. Any person who has in his or her possession a receipt from selling regulated property or restricted metals to a secondary metals recycler shall allow a Law Enforcement Agency to examine items purporting to be sold by that receipt. No property shall be removed from the possession of any secondary metals recycler without due process of law as required by the existing laws of the Commonwealth of Kentucky, or the laws and ordinances of the Louisville/Jefferson County Metro Government.
(B) If a Law Enforcement Agency has probable cause to believe that an item in the possession of a secondary metals recycler as defined in § 123.01, who is carrying on any business as set forth in § 123.31 has been stolen and a Law Enforcement Agency provides notification to refrain from selling the item, the item shall not be sold, modified, altered, destroyed, or removed from the premises. The order to hold shall expire seven days after receipt of a verbal notification through a phone call or by electronic email notification from any Law Enforcement Agency unless extended by agreement or modified by an order from the court.
(C) The Louisville Metro Police Department shall implement and maintain an on-line reporting database system to which secondary metals recyclers are required to report the purchases of regulated property and restricted metals as set forth in § 123.32. Information reported will be recognized as confidential or proprietary information for the purpose of investigating and prosecuting theft and/or other violations of the law.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)