[HISTORY: Adopted by the Suffolk County Legislature 6-10-2008 by L.L. No.
24-2008 (Ch. 413 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
This Legislature finds and determines that the increase in market
value of scrap metal potentially induces the theft of ferrous and
nonferrous metal, end-of-life vehicles and catalytic converters. Therefore,
the purpose of this chapter is to require additional record-keeping
requirements for scrap metal processors, auto dismantlers, junk dealers,
core buyers, and entities operating as such, and to establish significant
penalties for the violation of the provisions enacted hereunder.
As used in this chapter, the following terms shall have the
meanings indicated:
A person, association, partnership, corporation of an itinerant
nature or other entity which is engaged in the business of purchasing
and/or acquiring catalytic converters, automobile radiators, batteries
and other small-component motor vehicle parts for resale as such.
Any motor vehicle sold, given, or otherwise disposed of as
junk or salvage.
A valid federal, state or local government-issued identification
card bearing a current photograph of the card's holder. Examples include
a driver's license, passport, military identification or resident
alien card.
Any person, association, partnership, corporation or other
entity engaged in the business of purchasing or selling old metal
and/or core motor vehicle parts such as catalytic converters, radiators,
batteries and such.
The Commissioner of the Suffolk County Police Department,
his or her designee, the chief of any town or village police department
within the County of Suffolk, his or her designee, or any officer
of such police department.
A scrap metal processor, vehicle dismantler, junk dealer,
core buyer and/or a person, association, partnership, corporation
or other entity who or which purchases or contracts to purchase ferrous
and nonferrous scrap metal, end-of-life vehicles and catalytic converters,
including any such person or entity who or which does not maintain
a fixed place of business in the County of Suffolk but enters into
the County of Suffolk to purchase scrap metal.
Ferrous and nonferrous metal, including but not limited to
copper, aluminum, bronze, brass, tin and metals commonly purchased
for reprocessing, and material which is or may have been a vehicle
or vehicle part purchased for processing into a form other than a
vehicle or vehicle part.
A person, association, partnership, corporation or other
entity engaged primarily in the purchase, processing and shipment
of ferrous and/or nonferrous scrap, the end product of which is the
production of raw material for remelting purposes for steel mills,
foundries, smelters, refiners, and similar users, or who or which
purchases material which is or may have been a vehicle or vehicle
part for processing into a form other than a vehicle or vehicle part,
but who or which, except as otherwise provided by regulation of the
Commissioner of Motor Vehicles, does not sell any such material as
a motor vehicle, a trailer or a major component part thereof.
A person, association, partnership, corporation or other
entity who or which sells or contracts to sell scrap metal, end-of-life
vehicles and catalytic converters.
A person, association, partnership, corporation or other
entity who or which is engaged in the business of purchasing and/or
acquiring motor vehicles or trailers for the purpose of dismantling
the same for parts or reselling such vehicles as scrap.
A.Â
All purchasers of ferrous and nonferrous scrap metal, end-of-life
vehicles and catalytic converters shall create a record for each such
purchase which shall include a copy of the seller's government-issued
photographic identification; provided, however, that such seller is
a natural person; the date of purchase; the name of the seller; the
residence or business address of the seller; and the type, quantity
and consideration paid for the items so purchased.
B.Â
When ferrous and nonferrous scrap metal is purchased, the record
shall detail the type and quantity of the scrap metal so purchased
as described by industry standards, as defined by the Institute of
Scrap Recycling Industries (ISRI).
C.Â
When an end-of-life vehicle is purchased, the record shall detail
the year, make, model, color and VIN number of the vehicle so purchased.
D.Â
When a catalytic converter is purchased, the record shall detail
the quantity by piece count, and the type shall be described as "catalytic
converter."
E.Â
In addition to the requirements set forth in § 721-3A and D, any person attempting to sell a catalytic converter to a purchaser shall further provide to the purchaser the following information:
[Added 7-26-2022 by L.L.
No. 28-2022]
(1)Â
The year, make, model, and vehicle identification number (VIN) for
the vehicle from which the catalytic converter was removed; and
(2)Â
A copy of the certificate of title or other documentation indicating
that the seller has an ownership interest in the vehicle described
in this section, or where the seller is the owner of a garage or repair
shop and the catalytic converter was removed in connection with a
motor vehicle repair, the name and address of the vehicle's owner
and copies of all related invoices.
F.Â
No purchaser may purchase a catalytic converter from a seller who
does not comply with all requirements of this section.
[Added 7-26-2022 by L.L.
No. 28-2022]
G.Â
A purchaser may not purchase a catalytic converter unless such purchaser
determines that the catalytic converter is consistent with the manufacturer's
specifications for a catalytic converter from the vehicle for which
the seller provided information under this section.
[Added 7-26-2022 by L.L.
No. 28-2022]
H.Â
A purchaser shall keep an accurate electronic record of each purchase
of a catalytic converter made in the course of the purchaser's
business. The record must be in English and include the information
required pursuant to this section.
[Added 7-26-2022 by L.L.
No. 28-2022]
I.Â
A purchaser shall preserve each record required pursuant to this
section until the fifth anniversary date the record was made. The
records must be available for inspection not later than 72 hours after
the date of purchase.
[Added 7-26-2022 by L.L.
No. 28-2022]
J.Â
On request, a purchaser shall permit representatives of law enforcement,
consumer affairs or other regulatory agency or department to inspect
all records required to be kept pursuant to this section.
[Added 7-26-2022 by L.L.
No. 28-2022]
A.Â
No alterations or erasures are to be made to any record or receipt
of sale.
B.Â
All records of transactions shall be kept in an electronically searchable
database.
C.Â
Records and receipts shall be stored in receipt number order in good
and legible condition in a secure volume subdivided by year and month
for no less than three years as measured from the date of the receipt.
Each volume of article transaction receipts shall be kept at the business
establishment of the scrap processor. Such records shall be archived
electronically in lieu of other formats.
A.Â
All records and books described herein shall, at all reasonable times,
be open for inspection by a law enforcement officer.
B.Â
A law enforcement officer may request, and a purchaser shall satisfy
such request within 72 hours of receiving such request, information
as to copies of all purchase receipts and/or a comparable document
detailing purchase information for one specific seller(s) for a time
frame of no more than 90 days.
C.Â
Should a law enforcement officer request information for one specific
seller for a time frame greater than 90 days, then the purchaser shall
have an additional 72 hours to comply with the request.
A.Â
Upon a showing that probable cause exists that a crime relating to
the theft of ferrous or nonferrous scrap metal, end-of-life vehicles,
or catalytic converters has occurred, the District Attorney may seek
and obtain a judicial order for service upon a purchaser, ordering
said purchaser to hold such for purposes of an investigation.
B.Â
Such request for an order to hold shall specify with particularity
the ferrous or nonferrous scrap metal, end-of-life vehicle or catalytic
converters subject to such order to hold. In the event such order
is issued, said purchaser shall not sell or remove from the business
establishment the purchased item(s) which is the subject of the order.
The order shall remain in effect for a period not to exceed five days
from the date of issuance of the order.
A.Â
The Police Department shall prepare and file annually a status report
with the County Executive, the Presiding Officer and all Legislators
of the County Legislature.
B.Â
The report, which shall be made available to the public, shall include
a list of all entities (purchasers) that fall under the regulation
of this chapter, along with a status report of which entities the
Department has confirmed are in compliance and which are not. It will
include records and a description as to the implementation and enforcement
of this chapter, detailing how often the purchasers have been visited,
records of investigations, arrests, convictions and fines levied against
purchasers for violations of this chapter.
A.Â
Any purchaser who violates any provision of this chapter shall be
guilty of a Class A misdemeanor. Each such violation shall be deemed
a separate offense. A purchaser shall not be liable for any violation
of this chapter by a seller, his agent or purported agent of a seller.
(1)Â
If such violation is committed by a natural person, such violation
shall be punishable by a fine of $1,000 per offense and/or a term
of imprisonment as fixed by a court of competent jurisdiction.
(2)Â
If such violation is committed by a corporation, such violation shall
be punishable by a fine of $5,000 per offense. A conviction of a corporation
for a subsequent violation of this chapter within two years of an
earlier conviction shall be a felony punishable by a fine of $10,000
per offense.
B.Â
Any seller who violates any provision of this chapter shall be guilty
of a Class A misdemeanor. Each such violation shall be deemed a separate
offense. A seller shall not be liable for any violation of this chapter
by a purchaser.
(1)Â
If such violation is committed by a natural person, such violation
shall be punishable by a fine of $1,000 per offense and/or a term
of imprisonment as fixed by a court of competent jurisdiction.
(2)Â
If such violation is committed by a corporation, such violation shall
be punishable by a fine of $5,000 per offense. A conviction of a corporation
for a subsequent violation of this chapter within two years of an
earlier conviction shall be a felony punishable by a fine of $10,000
per offense.
The County Attorney or the District Attorney may commence an
action in a court of competent jurisdiction to enjoin any violation
of this chapter or any rule or regulation promulgated hereunder.
This chapter shall apply to the sale or purchase of any ferrous or nonferrous scrap metal, end-of-life vehicle, or catalytic converter on or after the effective date. The requirement of § 721-4B of this chapter regarding the maintenance of records of transactions in an electronically searchable database shall apply one year after the effective date of this chapter.
