(a) Every scrap metal processor shall keep at each place of business maintained by them a legibly written or typed record which contains a general description of the aggregate material in each load delivered to that place of business in a vehicle other than a vehicle which is owned by or leased to the scrap metal processor who owns that place of business. In such record the scrap metal processor shall list the name and address of the vendor and the license number of the motor vehicle, trailer, or other vehicle in which the material was delivered to the scrap metal processor.
(b) In addition to the information required by division (a) of this section, a scrap metal processor who accepts any delivery of a regulated item from a vendor who is not an "Exempt Entity," as defined in division (g) of this section, shall also create and maintain a record which contains the following:
(1) The name, initials, or other identification of the individual entering the information in the record;
(2) The date and time of the transaction;
(3) The weight and a description of the type of regulated item purchased in the transaction;
(4) The amount of consideration given in a purchase transaction for the regulated item;
(5) A photocopy of a valid driver's license issued by any state or identification card issued by the State of Ohio, which belongs to and is presented by the person delivering the regulated item or items. If said person is unable to supply either form of identification described in this paragraph, the scrap metal processor shall not accept delivery of the regulated item or items;
(6) As complete a description as possible of the vehicle used to transport the acquired regulated items, but not less than the year, make, type, and color or colors.
(c) In addition to supplying the information required by divisions (a) and (b) of this section scrap metal processor who accepts any delivery of a single regulated item which is described in division (a)(1)A. of Section 769.01, regardless of amount, or any delivery of a single regulated item which is described in division (a)(1)B. of Section 769.01 in one day in an amount equal to or greater than three hundred (300) pounds, from one vendor who is not an "Exempt Entity," as defined in division (g) of this section, shall also keep that delivery in its original form, accessible, identifiable, and intact for a period of three (3) days, excluding Saturdays, Sundays, and legal holidays, from the date upon which the scrap metal processor accepted the delivery. Notwithstanding the preceding sentence, if a law enforcement officer gives written notice that stolen material has been found among the regulated items which are held pursuant to this division, the scrap metal processor in whose possession the material is found shall keep it in its original form, accessible, identifiable and intact until such time as the law enforcement officer is able to seize the material as evidence, but not more than ten (10) business days from the date the law enforcement officer gives the written notice required by this sentence.
(d) Notwithstanding any other provision of this section, if a law enforcement officer gives written notice to a scrap metal processor of items, materials or types of items or materials which the law enforcement agency is attempting to locate ("Suspect Items"), the following provisions shall apply:
(1) The law enforcement officer shall transmit such a notice by facsimile ("fax") machine or by personal service;
(2) The notice shall be in effect for seven (7) calendar days and shall describe the Suspect Items in sufficient detail to reasonably apprise the scrap metal processor of exactly which items, materials, or types of items or materials constitute Suspect Items for the purposes of the notice, provided that a law enforcement officer may add additional such seven (7) day periods if the law enforcement officer gives the scrap metal processor actual notice of each such extension by fax machine or personal service;
(3) Regardless of the amount of delivery, whether the item or material is a regulated item, or whether the vendor is an Exempt Entity:
A. The requirements of division (b) shall apply to all deliveries of Suspect Items; and
B. A scrap metal processor shall keep a Suspect Item or Suspect Items in its original form, accessible, identifiable, and intact for a period of five (5) days, excluding Saturdays, Sundays, and legal holidays, from the date upon which the scrap metal processor receives the notice;
(4) Each law enforcement agency shall keep a log of the notices transmitted pursuant to this division. The log shall contain:
A. The fax number to which the notice was sent or the name of the person upon whom the notice was served;
B. The date and time of the fax transmittal or the personal service;
C. The name of the person who sent the fax or made the personal service; and
D. In the case of all notices sent by fax machine, the sheet printed by the fax machine which verifies the transmittal.
If the law enforcement agency's log contains all of the above-listed information, the notice shall be deemed received by a particular scrap metal processor as of the date and time contained in the log. If the law enforcement agency's log does not contain all of the above-listed information, any scrap metal processor with respect to whom the log is deficient shall have no obligation to comply with this division;
(5) If a notice is deemed received by a scrap metal processor and the processor accepts delivery of a Suspect Item or Suspect Items during the period described in paragraph (2) of this division, the processor shall immediately notify the City's Division of Police;
(6) If a scrap metal processor notifies the City's Division of Police pursuant to paragraph (5) of this division, a law enforcement officer shall visit the premises of the processor to inspect the Suspect Item or Suspect Items within five (5) days, excluding Saturdays, Sundays, and legal holidays;
(7) If a law enforcement officer does not comply with the provisions of paragraph (6) of this division, the scrap metal processor shall no longer be subject to the provisions of paragraph (3)B. of this division with respect to the delivery of Suspect Items of which the processor gave notice pursuant to paragraph (6) of this division;
(8) Notwithstanding any other provision of this division, if a law enforcement officer identifies in particular delivery of a Suspect Item as stolen, the processor in whose possession the delivery is found shall keep it in its original form, accessible, identifiable and intact until such time as the law enforcement officer is able to seize the delivery as evidence, but not more than ten (10) business days from the date the law enforcement officer identified Suspect Items as stolen;
(9) The Police Chief shall make quarterly reports to the Council to convey the following information:
A. The number of notices transmitted by fax and the number served personally;
B. The period for holding a Suspect Item set forth in each notice served;
C. Whether any Suspect Items were located by the Division of Police as a result of any of the notices.
(e) Within two (2) business days after a transaction described in division (c) of this section, the information described in division (b) of this section which pertains to that transaction shall be transferred to or made part of a permanent record which shall be kept by the scrap metal processor for at least one year after the date of the transaction. Nothing in this division shall be construed to decrease any period of mandatory record retention contained in any other state or local law or regulation applicable to scrap metal processors.
(f) All records described in this section, all regulated items, and all materials described in division (d) of this section shall be available at all reasonable times for inspection by any law enforcement officer. Such records, items, and materials shall also be available for inspection by the Building Commissioner and persons duly authorized by the Commissioner at such reasonable times as are necessary to ensure compliance with this chapter.
(g) For purposes of this section, an "Exempt Entity" is any entity which delivers a regulated item or regulated items derived from a demolition for which the Building Commissioner has issued a permit pursuant to Chapter 1333 of the Warrensville Heights Codified Ordinances, or for which a similar license or permit has been issued outside of the City. A copy of the valid license or permit must be copied and kept on file by the metal dealer. (Ord. 2007-145. Passed 10-2-07.)