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HomeMy WebLinkAbout30-City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ..-- 27 28 ORDINANCE NO. ""C-[""'D '''I'' ^I' i\t..:. t:. '11':'.' --\....1, [ LLi 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. 1 ~~Y ,g~ (~ 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. 14 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. 22 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. 27 III 28 III 2 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 5.57.060 6 A. 7 8 9 10 B. 11 12 13 14 15 16 17 18 19 20 21 22 5.57.070 23 A. 24 25 26 III 27 III 28 III 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: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 4 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. 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 5 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: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 Rachel G. Clark, City Clerk 17 18 19 The foregoing ordinance is hereby approved this _ day of ,2008. 20 21 PATRICK J. MORRIS, Mayor 22 City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 26 By: 27 28 6