§ 36-257. Required information.

By no later than July 1, 2013, every regulated scrap metal dealer shall install and maintain a retrievable electronic database and a video or photo recording system. The electronic database shall contain a distinct and consecutively numbered record of each and every purchase of ferrous and non-ferrous metals and shall be available for inspection at all times by police or other law enforcement officers or the pubic officer or his or her designee during normal business hours. All secondary metal transactions must be recorded on camera where the seller's image is captured along with, and in conjunction with, a photographic image of the vehicle in which the seller delivered the items at the time of delivery. The photographic image of each transaction and the photographic image of the vehicle must be maintained for a minimum of 30 days. At the time of purchasing any junk vehicle or other regulated scrap metal property, except to the extent it already has the information, the scrap metal registration holder is hereby required to:

(1)

Inspect, for junk vehicles, the item offered for sale and record the vehicle identification number;

(2)

Obtain, for junk vehicles, an appropriate vehicle title or bill of sale issued by a governmentally operated vehicle impound facility if the vehicle purchased has been impounded by such facility or agency;

(3)

Accurately and legibly record at the time of sale the following information:

a.

The time, date and place of transaction;

b.

The sellers name, address, sex, date of birth, and the identifying number from the sellers drivers license, military identification card, passport, or personal identification license; the identifying number from an official governmental document for a country, other than the United States may be used to meet this requirement provided that a legible fingerprint is also obtained from the seller;

c.

a copy of the identification card or document containing such identifying number;

d.

The license number, color, and style or make of any motor vehicle in which the junk vehicle or other regulated scrap metal property is delivered in a purchase transaction;

e.

A general description, made in accordance with the custom of the trade, of the predominant types of junk vehicle or other regulated scrap metal property purchased in the transaction;

f.

The weight, quantity, or volume, made in accordance with the custom of the trade, of the regulated scrap metal property purchased;

g.

If a junk vehicle or vehicle part is being bought or sold, a description of the junk vehicle or vehicle part, including the make, model, color, vehicle identification number and/or serial number if applicable;

h.

The amount of consideration given in a purchase transaction for the junk vehicle or other regulated scrap metal property;

i.

The name of the individual acting on behalf of the regulated scrap metal dealer in making the purchase.

(4)

Obtain from the seller a signed statement that the above-listed information is his or her own personal property, is free of encumbrances, is not stolen, or that he or she is acting for the owner and has permission to sell the item.

(5)

Sign a statement on the director's form verifying that the correct vehicle identification number is listed, if applicable.

(6)

Make all payments which are $500.00 or more, by issuing a pre-numbered check drawn on a regular bank account in the name of the scrap metal dealer and with such check made payable to the person documented as the seller in accordance with this section or by using a system for automated cash or electronic payment distribution which photographs or video tapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with this chapter.

(7)

It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer to pay for catalytic converters purchased separate from a vehicle, coated or insulated wire or stripped wire or burnt wire, refrigeration condensing units or air conditioning coils of any type, or copper tubing, bars, plate, buss bar and sheet copper by any means other than a pre-numbered check drawn on a regular bank account in the name of the scrap metal dealer and with such check made payable to the person documented as the seller in accordance with subsection (3) of this section, or a system for automated cash or electronic payment distribution which photographs or video tapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with this chapter.

(8)

With the exception of subsections (3)a, (3)b, (3)c, (6) and (7) of this section, the provisions of this section shall not apply to transaction in which the seller is also a regulated scrap metal dealer or transactions for which the seller is known to the purchasing regulated scrap metal dealer to be an established business that operates out of a fixed business location and can be reasonably expected to generate regulated scrap metal.

(Ord. No. O-45-12, § 1, 7-26-2012)