[R.O. 2013 §635.010; Ord. No. 1905 §1, 10-1-2012]
This Chapter shall be known and may be cited as "The Scrap Metal
Dealers Code". It shall be effective in the City of Valley Park, Missouri
and shall govern the sale and purchase of scrap metal within the City
of Valley Park, Missouri.
[R.O. 2013 §635.020; Ord. No. 1905 §2, 10-1-2012]
Unless it appears that a different meaning is intended, the
following words shall have the meaning given them by this Section:
A device designed for use in a vehicle for the purpose of
chemically converting harmful exhaust gases, produced by the internal
combustion engine, into harmless carbon dioxide and water vapor.
Any insulated copper wire, copper tubing, copper guttering
and downspouts, copper alloys, or any item composed completely of
copper.
Hours of retail operation for scrap metal dealers may be
no earlier than 6:00 A.M. and no later than 7:00 P.M. daily.
Any air conditioner evaporator coil or condenser used in
connection with a residential, commercial or industrial building.
Any person or business entity that purchases products containing
ferrous or non-ferrous metals for recycling or resale. For the purposes
of this Chapter, any person holding a license as a recycling center
or as a waste hauler shall not be considered a scrap metal dealer,
nor shall a duly licensed HVAC contractor, plumber or electrician
be considered a scrap metal dealer. For the purpose of enforcing violations
of this Chapter, it shall be a rebuttable presumption that any person
storing or possessing at their place of business more than one hundred
(100) pounds of the items specified herein shall be presumed to be
a scrap metal dealer.
Any commercial facility engaged in the repair or replacement
of car, truck and van, motorcycle or other motorized mechanical and
exhaust components, whether as a primary or ancillary activity.
[R.O. 2013 §635.030; Ord. No. 1905 §3, 10-1-2012]
A.
Every
scrap metal dealer shall keep a retrievable electronic database containing
a consecutively numbered record of each and every purchase of ferrous
and non-ferrous metals.
B.
Any
person selling, exchanging or trading ferrous or non-ferrous metal
to a scrap dealer shall present a valid driver's license and/or a
picture identification from a State or Federal issuing agency (i.e.,
State-issued identification or passport) to the scrap metal dealer.
C.
Scrap
metal dealers shall, at the time of making the purchase, enter into
the electronic database the following information:
1.
Name, gender, date of birth, and address of the seller as indicated
on the State or Federally-issued driver's license and/or picture identification.
2.
Date of the scrap metal purchase.
3.
Driver's license number and/or a picture identification from a State
or Federal issuing agency (i.e., State-issued identification or passport)
capable of identifying the seller.
4.
Amount paid therefor.
5.
Kind of metals purchased.
6.
Number of pounds of each kind.
7.
License plate number of the vehicle delivering the material.
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The information entered into the electronic database shall be
completed in full without any missing data or information.
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D.
The
electronic database shall at all times be open for inspection by Police
or other Law Enforcement Officers during normal business hours without
warrant or subpoena.
E.
A transaction receipt shall consist of the same information required under Subsection (C) of this Section and shall include the following statement: "By accepting payment from [insert name of scrap metal dealer], seller represents and warrants that the material documented by this receipt is owned by or was lawfully obtained and the seller has the legal right to sell the material to [insert name of scrap metal dealer]." If the seller provides any documentation that the person is in lawful possession of the scrap metal, or was otherwise lawfully acquired, including, without limitation, a bill of sale or receipt, the scrap metal dealer shall photocopy such documentation and maintain it with the transaction information otherwise required by this Section.
F.
All
records described in this Section shall be maintained for three (3)
years from the date of sale.
G.
A scrap
metal dealer or the agent, employee or representative of a scrap metal
dealer shall not disclose personal information concerning a customer
obtained pursuant to this Chapter without the consent of the customer
unless the disclosure is made in response to a request from a Law
Enforcement Agency. A scrap metal dealer shall implement reasonable
safeguards to protect the security of the personal information required
pursuant to this Section, and to present unauthorized access to or
disclosure of that information. A scrap metal dealer shall not be
liable to any customer for disclosure of personal information if the
scrap metal dealer has met the requirements of this Subsection.
[R.O. 2013 §635.040; Ord. No. 1905 §4, 10-1-2012]
A.
No
person shall knowingly sell or attempt to sell to a scrap metal dealer,
and no person shall knowingly and willfully purchase the following
types of scrap metal:
1.
Any metal that can be identified as belonging to a public or private
cemetery or to a political subdivision or electrical cooperative,
municipal utility, wireless communications service provider or a utility
regulated under Chapters 386 or 393, RSMo., including bleachers, guardrails,
signs, street and traffic lights or signals, cables and conductors
used in low, medium or high voltage electrical distribution and transmission
lines, and manhole cover or covers, whether broken or unbroken, from
anyone other than the cemetery or monument owner, political subdivision,
electrical cooperative or utility or manufacturer of the metal or
item described in this Section unless such person is authorized in
writing by the cemetery or monument owner, political subdivision,
electrical cooperative or utility or manufacturer to sell the metal;
2.
New materials, such as those used in construction, or equipment or
tools used by contractors unless accompanied by proof of ownership
or authorization to sell the materials on behalf of the owner;
3.
Materials which are clearly marked as property belonging to someone
other than the seller, unless accompanied by written authorization
from the business or property owner evidencing the seller has the
legal right to sell the material;
4.
HVAC components unless accompanied by written authorization from
a licensed HVAC business evidencing that the components were legally
removed in compliance with the Federal Clean Air Act and its regulations
and the seller has the legal right to sell the material;
5.
Catalytic converters except when sold directly to or from a vehicle
repair business.
B.
The
scrap metal dealer shall make a photocopy of any documentation provided
pursuant to this Subsection, retain the copy as part of the transaction
record, and maintain such photocopy for a period of three (3) years
following the transaction. All photocopies shall be made available
for inspection upon request by a Police or other Law Enforcement Officer.
C.
No
scrap metal dealer shall purchase or otherwise receive from a person
under the age of eighteen (18) any ferrous or non-ferrous metal, other
than aluminum cans.
D.
This
Section shall not apply to any transaction for which the seller has
an existing business relationship with the scrap metal dealer and
is known to the scrap metal dealer making the purchase to be an established
business or political subdivision that operates a business with a
fixed location that can be reasonably identified by such business.
[R.O. 2013 §635.050; Ord. No. 1905 §5, 10-1-2012]
A.
A scrap
metal dealer shall pay for any copper property or HVAC component as
follows:
1.
Payment to any seller of copper property or HVAC component shall
be by check. Checks shall be payable only to the person whose name
was recorded as delivering the copper property or HVAC component;
provided however, that if such person is delivering the copper property
or HVAC component on behalf of a governmental entity or the owner
of the copper property or HVAC component, the check may be payable
to such entity or owner. All checks issued to a seller of copper property
or HVAC component shall be mailed via U.S. mail to the address provided
on the driver's license or picture identification provided by the
seller.
2.
This Section shall not apply to any transaction for which the seller
holds a business license issued by any political subdivision of the
State and has an existing business relationship with the scrap metal
dealer and is known to the scrap metal dealer making the purchase
to be an established business or political subdivision that operates
with a fixed location that can be reasonably expected to generate
regulated scrap metal and can be reasonably identified as such.
[R.O. 2013 §635.060; Ord. No. 1905 §6, 10-1-2012]
A.
A scrap
metal dealer with actual knowledge that copper property or HVAC component
in its possession has been stolen shall notify the County Police Department
and provide any information in its possession relative to the seller
or to the sale transaction.
B.
Following
notice from the scrap metal dealer, or upon reasonable suspicion that
the scrap metal dealer is in possession of stolen property, the Police
Department may issue a ten (10) day hold order to the scrap metal
dealer requiring that the suspect material not be sold or otherwise
transferred from the possession of the scrap metal dealer for up to
ten (10) days.
[R.O. 2013 §635.070; Ord. No. 1905 §7, 10-1-2012]
A.
No
person shall knowingly present for sale to a scrap metal dealer stolen
ferrous or non-ferrous metal, including, but not limited to, copper
property or HVAC components.
B.
No
person shall mutilate, deface or otherwise damage any personal or
real property owned by another person for the purpose of obtaining
ferrous or non-ferrous metals.
[R.O. 2013 §635.080; Ord. No. 1905 §8, 10-1-2012]
Scrap metal dealers shall register with or subscribe to the
alert system established by the Institute of Scrap Recycling Industries,
Inc., referred to as the ISRI Scrap Metal Theft Alert system and maintain
that registration or subscription.
[R.O. 2013 §635.090; Ord. No. 1905 §9, 10-1-2012]
