[Ord. No. 2527 §1, 9-23-2014]
This Chapter shall be known as the "Scrap Metal Dealers Code."
[Ord. No. 2527 §1, 9-23-2014]
Unless it appears that a different meaning is intended, the
following words shall have the meanings given them by this Section:
A device designed for use in a vehicle for the purpose of
chemically converting exhaust gases produced by the internal combustion
engine into carbon dioxide and water vapor.
Any insulated copper wire, copper tubing, copper guttering
and downspouts, copper alloys, or any item composed completely of
copper.
Any air-conditioner evaporator coil or condenser used in
connection with a residential, commercial or industrial building.
Shall have the same meaning as in Section 311.082, RSMo.
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 under the Waste Management
Code of St. Louis County 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 his or her place of business more than one hundred (100) pounds
of ferrous or non-ferrous metals for recycling or resale is 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.
[Ord. No. 2527 §1, 9-23-2014]
Hours of operation for scrap metal dealers may be no earlier
than 6:00 A.M. and no later than 7:00 P.M. daily.
[Ord. No. 2527 §1, 9-23-2014]
A.
Effective January 1, 2013, scrap metal dealers shall use and maintain
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 photographic identification from a State or Federal issuing
agency (i.e., State-issued identification or Federal passport) to
the scrap metal dealer.
C.
Electronic Database.
1.
Scrap metal dealers shall, at the time of making the purchase,
enter into the electronic database the following information:
a.
Name, gender, date of birth, and address of the seller as indicated
on the State or Federally issued driver's license and/or photographic
identification.
b.
Date, time and place of the scrap metal purchase.
c.
Driver's license number and/or a photographic identification
from a State or Federal issuing agency (i.e., State-issued identification
or Federal passport) capable of identifying the seller.
d.
Amount paid for each kind of metal purchased.
e.
Kind of metals purchased.
f.
Number of pounds of each kind of metal purchased.
g.
License plate number of the vehicle delivering the material.
2.
The information entered into the electronic database shall be
completed in full without any missing data or information.
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.
[Ord. No. 2527 §1, 9-23-2014]
A.
No scrap metal dealer shall knowingly and willfully purchase any
stolen scrap metal or any of the following types of scrap metal:
1.
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;
2.
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;
3.
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;
4.
Catalytic converters except when sold directly to or from a
vehicle repair business;
5.
Metal beer kegs, whether damaged or undamaged, or any reasonably
recognizable part thereof, except when the purchase is from the brewer
or its authorized representative;
6.
Any metal that can be identified as belonging to a public or
private cemetery, a political subdivision, telecommunications provider,
cable provider, wireless service or other communications-related provider,
electrical cooperative, water utility, municipal utility, or utility
regulated under Chapters 386, 392 or 393, RSMo., including bleachers,
guardrails, signs, street and traffic lights or signals, and manhole
cover or covers, whether broken or unbroken, from anyone other than
the cemetery or monument owner, political subdivision, telecommunications
provider, cable provider, wireless service or other communications-related
provider, electrical cooperative, water utility, municipal utility,
utility regulated under Chapter 386, 392 or 393, RSMo., 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, telecommunications provider, cable provider, wireless
service or other communications-related provider, water utility, municipal
utility, electrical cooperative, utility regulated under Chapter 386,
392 or 393, RSMo., or manufacturer to sell the metal;
B.
The scrap metal dealer shall make a photocopy of any documentation
provided pursuant to this Section, 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.
[Ord. No. 2527 §1, 9-23-2014]
A.
A scrap metal dealer shall pay for any copper property or HVAC component in accordance with Subsection (B) regardless of the amount of payment.
B.
A scrap metal dealer paying out an amount that is five hundred dollars
($500.00) or more shall make such payment by issuing a prenumbered
check drawn on a regular bank account in the name of the licensed
scrap metal dealer and with such check made payable to the person
documented as the seller in accordance with City ordinances and applicable
law, or by using a system for automated cash or electronic payment
distribution which photographs or videotapes the payment recipient
and identifies the payment with a distinct transaction in the register
maintained in accordance with applicable law. This Subsection 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 expected to generate regulated scrap metal
and can be reasonably identified as such a business.
[Ord. No. 2527 §1, 9-23-2014]
A.
A scrap metal dealer with actual knowledge that scrap metal in its
possession has been stolen shall notify the 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 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.
[Ord. No. 2527 §1, 9-23-2014]
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
and make regular use of that registration or subscription.
