(A) (1) No person shall engage in the business of dealer of scrap metal without obtaining a license therefor as provided in this section.
(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SCRAP METAL. Ferrous or nonferrous metal, or items that contain ferrous or nonferrous metal, that are sold or offered for sale for the value of the ferrous or nonferrous metal they contain rather than for their original intended use; ferrous or nonferrous metal removed from or obtained by cutting, demolishing, or disassembling a building, structure, or manufactured item; or other metal that cannot be used for its original intended purpose but can be processed for reuse in a mill, foundry, die caster, or other manufacturing facility.
SCRAP METAL DEALER. A person that buys scrap metal and is not a first purchaser. The term includes, but is not limited to, a person that operates a business as a scrap metal recycler, scrap processor, or other person that purchases any amount of scrap metal on a regular, sporadic, or one time basis.
SCRAP METAL RECYCLER. A person that purchases ferrous or nonferrous metal that is intended for recycling or reuse.
SCRAP PROCESSOR. A person utilizing machinery and equipment and operating from a fixed location, whose principal business is the processing and manufacturing of iron, steel, nonferrous metals, paper, plastic, or glass, into prepared grades of products suitable for consumption by recycling mills, foundries, and other scrap processors.
(B) No license shall be issued under this section:
(1) Except upon the certification of the Police, Fire, and Inspection Departments. The certification of the Chief Inspector or his or her designee shall be given if the premises upon which the licensed business and the use complies with the provisions of divisions (B)(2) and (B)(3) below and with the applicable provisions of city zoning regulations;
(2) Unless the applicant therefor files with the original application for the conduct of the business the written consent of 60% of the owners of the exclusively residential property within 500 feet of the property where such business is to be conducted; and
(3) For conducting such business on a vacant lot or in a partially enclosed structure, unless all street frontage and all other property lines affording access by persons or vehicles to such property are enclosed with a properly maintained and opaque fence at least seven feet above grade, said fence to be structurally sufficient to withstand any wind, snow, or other load to which it may reasonably be subjected or unless an alternate installation accomplishing comparable results as determined pursuant to division (H) below is maintained. For purposes of this division (B)(3), any fence shall be deemed to be “opaque” if the open area in each square foot thereof does not exceed a total of 24 square inches.
(C) Each such license granted shall designate the particular place where said business is to be conducted, and no scrap metal dealer shall engage in said business at any place other than that so designated.
(D) No scrap metal dealer shall purchase or receive any scrap metal:
(1) Between the hours of 9:00 p.m. and 7:00 a.m.;
(2) On any Sunday;
(3) From any person the scrap metal dealer suspects as having stolen the article or is known to the dealer to be a thief or an associate of thieves;
(4) From any person under the age of 18 years;
(5) From any person who is intoxicated; or
(6) From any person who has not presented a valid form of identification.
(E) A scrap metal dealer shall not pay any seller in cash. A scrap metal dealer shall only pay a seller using one of the following methods of payment in a purchase transaction:
(1) A check or money order;
(2) An electronic payment card or encrypted receipt that may only be converted to cash in an automated teller machine that comports with state law;
(3) By bank wire transfer or other electronic delivery, such as direct deposit; or
(4) Barter, trade, or exchange of scrap metal or other property.
(F) No scrap metal dealer shall fail to keep record of all persons with whom he or she does business and all property coming into his or her possession. Such records shall, at a minimum, contain the following information:
(1) A description of the predominant type(s) of scrap metal purchased, including a photograph thereof;
(2) The weight, quantity, or volume of the scrap metal purchased, the name of the scale operator, and the name of the employee who conducted the purchase (if other than the scale operator);
(3) The name, address, photograph of, and thumbprint of the person from whom the article was received;
(4) A copy of the operator’s or chauffeur’s license, military identification card, state identification number, passport, or other government-issued identification containing a photograph;
(5) A signed statement that certifies that the seller is the owner of or is authorized to sell the scrap metal, is at least 18 years old, and has not been convicted of a crime involving theft, conversion, or the sale of scrap metal;
(6) If the scrap metal is delivered by a licensed vehicle, the vehicle plate number of the vehicle;
(7) The date and time the article was received; and
(8) The method and amount of payment.
(G) No licensee shall fail to keep a daily record of all purchases and sales made by them nor to report same weekly to the Police Chief or the Chief’s designee, on forms prescribed by said Police Chief. The Police Chief or the Chief’s designee shall at all times have access to such daily record.
(H) In order that the suitability of alternate methods of screening and containing the contents of scrap material yards may be established and to provide for reasonable interpretations of this section, a Special Board consisting of the then-members of the Board of Appeals on Zoning shall upon application hear and determine any written appeal made to it by any person considering himself or herself aggrieved by any action or decision of the City Clerk or any other official acting under the provisions of this section. Service of said appeal shall be made on the Secretary of the Board of Appeals on Zoning within ten days after said action or decision. Among other factors which may be considered by the Special Board are remoteness of the location, the use of adjoining property, litter, or other nuisances, larceny, trespass, and any other criminal offenses related to the property. The Special Board shall render its decisions and findings in writing to the City Clerk with a duplicate copy to the appellant. The Special Board may recommend to the City Council such amendment of this section as it may determine to be appropriate to protect the public.
(Prior Code, § 110.22) (Ord. O-156, passed 2-17-2014, effective 2-27-2014; Ord. O-165, passed 7-20-2015, effective 7-30-2015) Penalty, see § 110.99