(a) Record of transactions; daily reports to police.
(1) Every scrap metal dealer shall maintain a record book or electronic file, in which the dealer shall keep an accurate, legible and complete record of all of the following specified information for each retail transaction in the English language:
(A) Name and current address of the person from whom said articles were purchased or received and a copy of that person's personal identification card.
(B) The date and time the scrap metal dealer purchased or received the articles and the name of the individual who conducted the retail transaction on behalf of the dealer;
(C) If the seller or provider of the articles arrives at the dealer's place of business in a motor vehicle, the license plate number of that motor vehicle along with the state that issued the license plate;
(D) For metal articles that are not recyclable materials, a full and accurate description of each article purchased or received by the dealer that includes identifying letters or marks written, inscribed, or otherwise included on the article and the name and maker of the article if known;
(E) For recyclable materials that are not restricted articles, a scrap metal dealer shall use the following category codes to identify the recyclable materials that the dealer receives:
(i) "Number one copper," which includes clean copper pipe, clean copper wire, or other number one copper that does not have solder, a paint, or coating;
(ii) "Number two copper," which includes unclean copper pipe, unclean copper wire, or other number two copper;
(iii) "Sheet copper," which includes copper roofing, copper gutters, copper downspouts, and other sheet copper;
(iv) "Insulated copper wire";
(v) "Aluminum or copper radiators," which includes aluminum radiators, aluminum copper radiators, and copper radiators;
(vi) "Red brass," which includes red brass values and other red brass;
(vii) "Yellow brass," which includes yellow brass fixtures, yellow brass valve and fitting, ornamental brass, and other yellow brass;
(viii) "Aluminum sheet";
(ix) "Aluminum extrusions," which includes aluminum bleachers, aluminum benches, aluminum frames, aluminum pipe, and other aluminum extrusions;
(x) "Cast aluminum," which includes aluminum grills, lawnmower decks made of aluminum, aluminum motor vehicle parts and rims, and other cast aluminum;
(xi) "Clean aluminum wire";
(xii) "Unclean aluminum wire";
(xiii) "Aluminum exteriors," which includes aluminum siding, aluminum gutters and downspouts, aluminum shutters, aluminum trim, and other aluminum exterior items;
(xiv) "Contaminated aluminum";
(xv) "Stainless steel," which includes sinks, appliance housing, dishes, pots, pans, pipe, and other items made out of stainless steel;
(xvi) "Shredable steel," which includes consumer and other appliances;
(xvii) "Miscellaneous steel," which includes steel grates, steel farm machinery, steel industrial machinery, steel motor vehicle frames, and other items made out of steel;
(xviii) "Sheet irons," which includes bicycles, motor vehicle body parts made of iron, and other items made using sheet iron;
(xix) "Motor vehicle nonbody parts," which includes motor vehicle batteries, radiators, and other nonbody motor vehicle parts with the exception of catalytic converters which are restricted;
(Ord. 550-11. Passed 11-29-11.)
(xx) "Lead";
(xxi) "Electric motors."
(2) A scrap metal dealer may use an electronic device that decodes and records information contained in the metallic strip on a personal identification card to record a person's name, address, and photograph in lieu of making a copy of a person's personal identification card to comply with this section on the condition that the dealer or person retains that recorded information and makes it available in accordance with the requirements to make copies available under those subsections. If a scrap metal dealer does not use an electronic device to decode and record a person's name, address, and photograph, he/she must take a photograph or video of the person sufficient to identify him and retain that information and make it available in accordance with the requirements of this ordinance.
(3) Every retail transaction shall be numbered consecutively.
(4) Each scrap dealer shall prepare a daily report in the English language listing all retail transactions during the preceding day and containing all the information described in Subsection (b) for each retail transaction.
(b) Purchase of certain articles restricted.
No scrap metal dealer shall purchase or receive any restricted article in a retail transaction unless he/she does all of the following:
(1) Comply with the record and reporting requirements of this section;
(2) Take a photograph or video of each restricted article and the seller or provider of the article sufficient to identify both;
(3) Obtain from the seller or provider of the restricted article proof that the seller or provider owns the restricted article;
(4) If payment is rendered for the restricted articles, issue a check or debit card for the purchase of the restricted articles;
(5) Withhold payment for the purchase of the restricted articles for a period of two days after the day the restricted articles are purchased;
(6) If an asserted owner of stolen restricted articles or that owner's agent provides proof of having filed a stolen property report with the appropriate law enforcement agency, make records describing restricted articles the scrap metal dealer purchased or received after the alleged date of theft available for inspection to the asserted owner or owner's agent for a period of six months after the alleged date of theft of the articles, except that the scrap metal dealer shall withhold the name of the person from whom the restricted articles were purchased or received and the amount paid for the restricted articles.
(c) Retention periods; exemptions.
(1) If the chief of police or his or her designee has probable cause to believe that an article or material is stolen property, he shall notify the scrap metal dealer in writing. Upon receipt of such a notice, the scrap metal dealer shall retain the article or material until the expiration of thirty (30) days after receipt of the notice, unless the chief or his or her designee notifies the scrap metal dealer in writing that retention of the article or material is no longer required. Upon expiration of the thirty (30) day period, absent renewal thereof by the chief or his or her designee, or the failure of the true owner to pick up the allegedly stolen property, the scrap article or material may be immediately recycled.
(2) If the chief of police or his or her designee receives a report that property has been stolen and determines the identity of the true owner of the allegedly stolen property that is in the possession of a scrap metal dealer, and informs the scrap metal dealer of the true owner's identity, the scrap metal dealer shall hold the allegedly stolen property for at least thirty (30) days from the date of notification by the chief of police or his or her designee to enable the true owner to pick up that property from the scrap metal dealer. If a scrap metal dealer fails or refuses to return the allegedly stolen property that has been held as required by this subsection, the true owner may recover the property from the scrap metal dealer in an action at law. Upon expiration of the thirty (30) day period, absent renewal thereof by the chief or his or her designee, or the failure of the true owner to pick up the allegedly stolen property, the scrap article or material may be immediately recycled.
(3) All journal brasses, and other railroad metals, other than purchases and sales under sections 4973.13 to 4973.16, of the Ohio Revised Code, shall be held by the dealer for a period of thirty (30) days after being purchased or acquired.
(d) Prohibited purchases.
(1) No scrap metal dealer shall purchase or receive any scrap metal article or material from a person who refuses to show the dealer the person's personal identification card.
(Ord. 643-08. Passed 10-21-08.)
(2) No scrap metal dealer shall purchase or receive any scrap metal article or material from any person who is under eighteen (18) years of age.
(3) No scrap metal dealer shall purchase or receive any restricted article without complying with subsection (b) of this section.
(4) The police department may provide a list, as that agency determines appropriate, of the names and descriptions of persons known to be convicted of theft or receiving stolen property. No scrap metal dealer shall purchase or receive articles from any person identified on the list the dealer receives from the police department.
(5) No scrap metal dealer shall purchase or receive more than one catalytic converter per day from the same person.
(e) Authority to conduct inspections.
(1) Upon display of proper credentials, any law enforcement officer authorized to enforce this ordinance shall be granted entry to a scrap metal facility at any time the facility is open for business for the purpose of conducting an inspection to ensure compliance with this ordinance. For purposes of such inspection, an inspecting official shall be granted full and immediate access by the dealer to the building, grounds and records of the scrap metal dealer.
(2) No person shall deny access to, or in any way impede, any law enforcement officer authorized to enforce this ordinance conducting an inspection of a scrap metal facility, or any portion thereof, or fail to cooperate with an inspecting official.
(f) Posting of notice.
Every scrap metal dealer shall post a notice in a conspicuous place on the dealer's premises notifying persons who may wish to transact business with the dealer of the penalties applicable to any person who does any of the following:
(1) Provides a false personal identification card to the dealer;
(2) With purpose to defraud, provides any other false information to the dealer in connection with the dealer's duty to maintain the records required under division (b) of this section;
(3) Commits a theft as described in section 2913.02 or 2913.51 of the Revised Code.
(4) No person shall give a fictitious name or address or present a fictitious personal identification card when such person sells any article defined in section 733.01 to a scrap metal or junk dealer.
(g) No scrap dealer shall remain open for business between the hours of 11:00 p.m. and 6:00 a.m.
(Ord. 526-08. Passed 9-9-08.)