HomeMy WebLinkAbout30-City Attorney
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ORDINANCE NO.
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20fl8JUN 13 PH ~:04
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
5.57 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING SCRAP METAL
RECYCLING
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 557 is hereby added to the San Bernardino Municipal Code to
read as follows:
Chapter 557
SCRAP METAL RECYCLING
5,57.010
Authority.
This chapter is adopted in supplementation of Business and Professions Code sections
21600 through 21609. This chapter is not intended to supersede the provisions of these statutes.
Any conflict that may exist between this chapter and state laws shall be resolved in favor of the
latter. Nothing contained herein shall relieve any person or legal entity of obligations contained
in the Business and Professions Code or other provisions of state or local law.
5.57.020
Records Required.
Every scrap metal recycling company shall keep in its place of business a written record
in the English Language of all purchases or other receipts of scrap metal (with the exclusion of used
beverage containers) in the course of its business. In addition, every scrap metal company shall
keep an electronic or computerized record of all transactions of scrap metal purchases. These
transactions must be searchable by the following information fields: first name; last name; vehicle
license number; and driver's license number. For all transactions, digital photos or video shall be
recorded of property and corresponding seller (CRV excluded). Digital photos shall be maintained
for a minimum of six months and video shall be maintained for a minimum of two months.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 5.57 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING SCRAP METAL
3 RECYCLING
4 5.57.030 Records Contents.
5 The records required by Section 5.57.010 shall contain a description of the property
6 purchased or otherwise received and the date of each transaction; the name, address, and company
7 employed by of the person with whom the transaction is made; and the license number of any
8 vehicle used by the person with whom the transaction is made; a description of said person
9 (including gender, race, height and weight); and his or her signature and driver's license or
10 California Identification number. A legible fingerprint of said person's right thumb shall be placed
11 on the transaction receipt which is retained by the scrap metal recycling company. If the person has
12 no right thumb, the finger used for the print shall be specified next to the fingerprint. Failure to
13 keep such records is a misdemeanor.
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15 5.57.040 Property Transactions Report Required.
16 Any person licensed as a scrap metal recycling company shall complete, maintain, and
17 submit to the Chief of Police, or his designee, at least once a week in person or by mail, a copy of
18 the recycling company's report. A second copy of this report shall be held by the recycling
19 company in numerical and chronological order for two years from the date of purchase. The report
20 shall legibly detail all property purchased or otherwise received prior to the time of the report and
21 subsequent to the last prior report submitted.
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23 5.57.050 Holding and Exposing Property.
24 Every scrap metal recycling company shall upon order of the Chief of Police, or his
25 designee, hold any specific item until the expiration of five days after the order is given, unless
26 sooner released by the Chief of police, or his designee.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 5.57 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING SCRAP METAL
3 RECYCLING
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5 5.57.060
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22 5.57.070
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Cash Transactions Prohibited.
Scrap metal recycling companies can only make payment for scrap metal (with the
exclusion of used beverage containers) by check sent by U.S. mail to a physical
address provided on the seller's driver's license or other identification recorded
in the transaction record, no sooner than ten days after the transaction.
If the person bringing in the material is a representative of an industrial account,
the check may be sent to the business or the address of the representative. For
purposes of this ordinance an industrial account is an agreement between a
business and the recycling company to receive and dispose of scrap metals that the
business has generated in their normal course of business. In order to be
designated an industrial account, the recycling company must pre-register the
account with the Chief of Police, or his designee. This registration must include
the name of the business, the physical business address, telephone number, and
full name and date of birth of all representatives that will be doing transactions on
behalf of the account. All changes to the registry must be made on a weekly basis
and included with the information required under Section 5.57.030.
Special Consideration for Certain Transactions.
Every scrap metal recycling company shall immediately notify the police
department by telephone, or other means likely to reach the police department
without delay, of the following transactions:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
5.57 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING SCRAP METAL
RECYCLING
1. The sale or purchase on any property/material which reasonably appear to
be used only by governments, utilities, railroads, or for specific purposes,
such as guardrails, manhole covers, aluminum irrigation pipe, high voltage
transmission lines, historical markers, cemetery plaques, light poles, and
bleachers.
B. Every scrap metal recycling company shall hold all scrap metals described in this
section in its custody in the same condition in which they were received for a
minimum of five days before the scrap metal alloys may be released or disposed
of.
5.57.080 Prohibitions on Material.
It shall be unlawful for any scrap metal recycling company to accept, excluding
commercial accounts, wire over 3/8 inch in diameter excluding insulation, back flow devices, and
radiators and/or air conditioner coils. Individuals may sell one back flow device or air conditioner
coil per year without a commercial account.
5.57.090 Do Not Buy List.
It shall be unlawful for any scrap metal recycling company to accept any items from a
person listed on a "Do Not Buy List" prepared and distributed by the police department.
5.57.100 Violation-Penalty.
Any person, firm or corporation violating any provision of this Chapter is guilty of a
misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of
Section 1.12.010.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 5.57 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING SCRAP METAL
3 RECYCLING
4 5.57.110 Severability
5 The provisions of this Chapter are severable, and, if any sentence, section or other part of
6 this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions,
7 and the remaining provisions shall continue in full force and effect.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 5.57 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING SCRAP METAL
3 RECYCLING
4 I HEREBY CERTIFY that the foregoing ordinance was duIy adopted by the Mayor and
5 Common Council of the City of San Bernardino at a reguIar meeting thereof, held on
6 the_day of
, 2008 the following vote, to wit:
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COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing ordinance is hereby approved this _ day of
,2008.
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PATRICK J. MORRIS, Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
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26 By:
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