It shall be required that the following business establishments:
businesses that are licensed to purchase, sell, install and recycle
catalytic converters by the State of New York at retail or wholesale
including but not limited to motor vehicle repair shop, as defined
in and holding a license as required by the State Motor Vehicle Repair
Shop Registration Act (Vehicle and Traffic Law § 398-b,
or any amendment thereto); licensed secondhand dealers that buy and
sell precious metals; and pawn shops that are licensed by the City
of Yonkers (hereinafter collectively referred to in this chapter as
"businesses") create and maintain a system of written or electronic
records (hereinafter referred to as "system") that conforms with the
following requirements:
A. Identify each and every catalytic converter purchased, sold or installed
by the business with a unique identification number that must be etched
onto the catalytic converter unit.
B. Identify each and every customer that purchases or has a catalytic
converter installed by the business or anyone who sells a catalytic
converter to the business by retaining a copy of their driver's
license, non-driver's identification or passport.
C. The records maintained pursuant to this section shall be indexed
by dates and times.
The businesses subject to the provisions of this chapter must
comply with the following requirements in relation to the creation
and preservation of the records, availability of records, dissemination
of records and inspection of the records as follows:
A. The records maintained pursuant to this chapter must be preserved
for a minimum of two years.
B. The records maintained pursuant to this chapter must be electronic,
in a standard computer searchable format and made available to the
City of Yonkers Consumer Protection Department for purposes of an
official investigation or when approved by the Consumer Protection
Commissioner or his/her designee.
C. The records maintained pursuant to this chapter must be turned over
to the City of Yonkers Consumer Protection Department upon its demand
while the business is open and/or as soon as possible if the business
is closed.
D. All records maintained pursuant to this chapter while in possession
of the business shall be stored in a locked receptacle, preferably
located in a controlled access area, to which only authorized personnel
may have access, or shall otherwise be secured so that only authorized
personnel may access said records.
E. The business shall keep a log of all instances of requests for, access
to, dissemination and use of said records maintained pursuant to this
chapter. Copies of the access log shall be provided to the City of
Yonkers Consumer Protection Department upon demand.
F. Each business subject to the provisions of this chapter shall submit
a certification report to the Consumer Protection Department, on a
form prescribed by said department, by January 31 of each year. The
report shall certify that the business has complied with this chapter.
In the event the business demonstrates a good reason why it
cannot meet the date set for identifying and keeping a record of said
catalytic converters, the Consumer Protection Commissioner, or his/her
designee, may for such good reason stated grant one extension of time
to comply with this chapter, such time not to exceed six months.
Notwithstanding any provision of this section to the contrary and in addition to any other applicable law the unlawful possession of a catalytic converter by any individual will be a violation of this chapter and in addition to any other penalties under any other applicable law will also be subject to the penalties described in §
88-5 below.
The violation of any provision of this chapter shall be a Class
III offense except for any business found guilty of more than one
violation of this chapter within any twelve-month period the subsequent
violations shall be a Class I offense.