§ 111.236. Scrap metal dealers.

A.

Definitions.

1.

"Personal identification card." A current and valid driver's license, military identification card, state identification card issued under §§4507.50 to 4507.52 of the Ohio Revised Code or a state identification card issued by another state on the condition that that card contains information substantially similar to the information contained on a state identification card issued under §§4507.50 to 4507.52 of the Revised Code and also contains a photograph of the person to whom the card is issued.

2.

"Scrap metal dealer." A person or organization who purchases or receives scrap metal and includes any person acting as the dealer's authorized agent or employee.

3.

"Restricted article." All of the following:

a.

Beer kegs;

b.

Cable, wire, electrical components, and other equipment used in providing cable service or any utility service, including, but not limited to, copper or aluminum coverings, housings or enclosures related thereto;

c.

Grave markers, sculptures, plaques and vases made out of metal, the appearance of which suggest that the articles have been obtained from a cemetery;

d.

Guard rails for bridges, highways and roads; highway and street signs; street light poles and fixtures; manhole covers, water meter covers and other similar types of utility access covers; traffic directional and control signs and light signals, metal marked with the name of a political subdivision of the state and other metal articles that are purchased and installed for use upon authorization of the state or any political subdivision of the state;

e.

Historical, commemorative and memorial markers and plaques made out of metal;

f.

Four-wheel metal carts, commonly referred to as "grocery carts," that are generally used by individuals to collect and transport consumer goods while shopping;

g.

Four-wheel metal carts, commonly referred to as "metal bossies," that are used to transport or merchandise food products that are stored in crates, shells or trays;

h.

Water meters and backflow preventer units or similar valve devices;

i.

Titanium, carbide and other tools and implements used in the machining industry;

j.

Wheels and rims, except steel;

k.

Construction, industrial and agricultural equipment with a gross weight in excess of one thousand five hundred pounds;

l.

Any metal identified or marked with a neon yellow and/or green color;

m.

Catalytic converters or their components, including the metal-plated grid.

4.

"Recyclable materials." The metal materials described in subsection (B)(l)(f) of this section, on the condition that those metal materials are not restricted articles.

5.

"Motor vehicle." Has the same meaning as in §4501.01 of the Ohio Revised Code.

6.

"Retail transaction." Any transaction involving any person other than an industrial or commercial account, a nonprofit account or a governmental account, in which a scrap metal facility purchases or receives scrap metal.

7.

"Industrial or commercial account." Any person, operating from a fixed location, that sells scrap metal to a scrap metal facility pursuant to a written agreement or written account certification and who has sold more than ten thousand dollars of scrap to the scrap metal facility during the previous twelve months with payment by check payable to the company in the company name. The term may include other scrap metal facilities.

8.

"Nonprofit account." Any nonprofit organization that is exempt from federal income taxation under subsection 501(a) of the Internal Revenue Code, 26 U.S.C.A. 501(a), and that sells scrap metal to a scrap metal facility pursuant to a written agreement or written account certification.

9.

"Governmental account." Any political subdivision, as defined in §2744.01(F) of the Ohio Revised Code, that sells scrap metal to a scrap metal facility pursuant to a written agreement or written account certification.

B.

Records of Transactions—Daily Reports to Police.

1.

Every scrap metal dealer shall maintain a record book or electronic file, in which the dealer shall keep an accurate, legible and complete record of all of the following specified information for each retail transaction:

a.

Name and current address of the person from whom said articles were purchased or received and a copy of that person's personal identification card;

b.

The date and time the scrap metal dealer purchased or received the articles and the name of the individual who conducted the retail transaction on behalf of the dealer;

c.

If the seller or provider of the articles arrives at the dealer's place of business in a motor vehicle, the license plate number of that motor vehicle along with the state that issued the license plate;

d.

An impression of the right or left thumb of the seller;

e.

For metal articles that are not recyclable materials, a full and accurate description of each article purchased or received by the dealer that includes identifying letters or marks written, inscribed or otherwise included on the article and the name and maker of the article if known;

f.

For recyclable materials that are not restricted articles, a scrap metal dealer shall use the following category codes to identify the recyclable materials that the dealer receives:

i.

"Number one copper," which includes clean copper pipe, clean copper wire or other number one copper that does not have solder, a paint or coating,

ii.

"Number two copper," which includes unclean copper pipe, unclean copper wire, or other number two copper,

iii.

"Sheet copper," which includes copper roofing, copper gutters, copper downspouts and other sheet copper,

iv.

"Insulated copper wire,"

v.

"Aluminum or copper radiators," which includes aluminum radiators, aluminum copper radiators and copper radiators,

vi.

"Red brass," which includes red brass values and other red brass,

vii.

"Yellow brass," which includes yellow brass fixtures, yellow brass valve and fitting, ornamental brass and other yellow brass,

viii.

"Aluminum sheet,"

ix.

"Aluminum extrusions," which includes aluminum bleachers, aluminum benches, aluminum frames, aluminum pipe and other aluminum extrusions,

x.

"Cast aluminum," which includes aluminum grills, lawnmower decks made of aluminum, aluminum motor vehicle parts and rims and other cast aluminum,

xi.

"Clean aluminum wire,"

xii.

"Unclean aluminum wire,"

xiii.

"Aluminum exteriors," which includes aluminum siding, aluminum gutters and downspouts, aluminum shutters, aluminum trim and other aluminum exterior items,

xiv.

"Contaminated aluminum,"

xv.

"Stainless steel," which includes, sinks, appliance housing, dishes, pots, pans, pipe and other items made out of stainless steel,

xvi.

"Large appliances," which includes consumer and other appliances,

xvii.

"Miscellaneous steel," which includes steel grates, steel farm machinery, steel industrial machinery, steel motor vehicle frames and other items made out of steel,

xviii.

"Sheet irons," which includes bicycles, motor vehicle body parts made of iron and other items made using sheet iron,

xix.

"Motor vehicle nonbody parts," which includes motor vehicle batteries, radiators and other nonbody motor vehicle parts,

xx.

"Lead,"

xxi.

"Electric motors."

2.

A scrap metal dealer may use an electronic device that decodes and records information contained in the metallic strip on a personal identification card to record a person's name, address and photograph in lieu of making a copy of a person's personal identification card to comply with this section on the condition that the dealer or person retains that recorded information and makes it available in accordance with the requirements to make copies available under those subsections. If a scrap metal dealer does not use an electronic device to decode and record a person's name, address and photograph, he or she must take a photograph or video of the person sufficient to identify him and retain that information and make it available in accordance with the requirements of this section.

3.

Every retail transaction shall be numbered consecutively.

4.

Each scrap dealer shall prepare a daily report listing all retail transactions during the preceding day and containing all the information described in subsection B of this section for each retail transaction. Before 12:00 noon each day, the dealer shall deliver a copy of the dealer's daily report to the Chief of Police or his or her designee. Delivery of the daily report shall be by means of a secured electronic transmission or the delivery of a paper copy or physical electronic medium containing the report. Dealers who submit a physical electronic medium or data from a computerized tracking system must submit the data in a format approved by the Chief of Police or his or her designee.

C.

Purchase of Certain Articles Restricted. No scrap metal dealer shall purchase or receive any restricted article in a retail transaction unless he or she does all of the following:

1.

Comply with the record and reporting requirements of this section;

2.

Take a photograph or video of each restricted article and the seller or provider of the article sufficient to identify both;

3.

Obtain from the seller or provider of the restricted article proof that the seller or provider owns the restricted article;

4.

If payment is rendered for the restricted articles, issue a check or debit card for the purchase of the restricted articles;

5.

Withhold payment for the purchase of the restricted articles for a period of two days after the day the restricted articles are purchased;

6.

If an asserted owner of stolen restricted articles or that owner's agent provides proof of having filed a stolen property report with the appropriate law enforcement agency, make records describing restricted articles the scrap metal dealer purchased or received after the alleged date of theft available for inspection to the asserted owner or owner's agent for a period of six months after the alleged date of theft of the articles, except that the scrap metal dealer shall withhold the name of the person from whom the restricted articles were purchased or received and the amount paid for the restricted articles.

D.

Retention Periods—Exemptions.

1.

If the Chief of Police or his or her designee has probable cause to believe that an article or material is stolen property, he shall notify the scrap metal dealer in writing. Upon receipt of such a notice, the scrap metal dealer shall retain the article or material until the expiration of thirty days after receipt of the notice, unless the Chief or his or her designee notifies the scrap metal dealer in writing that retention of the article or material is no longer required. Upon expiration of the thirty-day period, absent renewal thereof by the Chief or his or her designee, or the failure of the true owner to pick up the allegedly stolen property, the scrap article or material may be immediately recycled.

2.

If the Chief of Police or his or her designee receives a report that property has been stolen and determines the identity of the true owner of the allegedly stolen property that is in the possession of a scrap metal dealer, and informs the scrap metal dealer of the true owner's identity, the scrap metal dealer shall hold the allegedly stolen property for at least thirty days from the date of notification by the Chief of Police or his or her designee to enable the true owner to pick up that property from the scrap metal dealer. If a scrap metal dealer fails or refuses to return the allegedly stolen property that has been held as required by this subsection, the true owner may recover the property from the scrap metal dealer in an action at law. Upon expiration of the thirty-day period, absent renewal thereof by the Chief or his or her designee, or the failure of the true owner to pick up the allegedly stolen property, the scrap article or material may be immediately recycled.

3.

All journal brasses, and other railroad metals, other than purchases and sales under §§4973.13 to 4973.16 of the Ohio Revised Code, shall be held by the dealer for a period of thirty days after being purchased or acquired.

E.

Prohibited Purchases.

1.

No scrap metal dealer shall purchase or receive any scrap metal article or material from a person who refuses to show the dealer the person's personal identification card and give a thumb print.

2.

No scrap metal dealer shall purchase or receive any scrap metal article or material from any person who is under eighteen years of age.

3.

No scrap metal dealer shall purchase or receive any restricted article without complying with subsection C of this section.

4.

The Police Department may provide a list, as that agency determines appropriate, of the names and descriptions of persons known to be convicted of theft or receiving stolen property. No scrap metal dealer shall purchase or receive articles from any person identified on the list the dealer receives from the Police Department.

5.

No scrap metal dealer shall purchase or receive more than one catalytic converter per day from the same person.

6.

No scrap metal dealer shall purchase or receive any scrap metal article or material from any one person on any one day for more than thirty dollars without issuing a check or debit card as payment for the transaction.

F.

Authority to Conduct Inspections.

1.

Upon display of proper credentials, any law enforcement officer authorized to enforce this section shall be granted entry to a scrap metal facility at any time the facility is open for business for the purpose of conducting an inspection to ensure compliance with this section. For purposes of such inspection, an inspecting official shall be granted full and immediate access by the dealer to the building, grounds and records of the scrap metal dealer.

2.

No person shall deny access to, or in any way impede, any law enforcement officer authorized to enforce this section conducting an inspection of a scrap metal facility, or any portion thereof, or fail to cooperate with an inspecting official.

G.

Posting of Notice. Every scrap metal dealer shall post a notice in a conspicuous place on the dealer's premises notifying persons who may wish to transact business with the dealer of the penalties applicable to any person who does any of the following:

1.

Provides a false personal identification card to the dealer;

2.

With purpose to defraud, provides any other false information to the dealer in connection with the dealer's duty to maintain the records required under subsection B of this section;

3.

Commits a theft as described in §2913.02 or 2913.51 of the Revised Code.

H.

Liability. It is the purpose of this legislation to impose liability on the organization as well as the individual for any omission of a required act or the commission of a prohibited act in violation of the requirements of this section. It is the purpose of this legislation to impose strict liability for the omission of a required act or the commission of a prohibited act in violation of the requirements of this section.

I.

Exemption. Scrap metal dealers shall comply with all mandates of Article 17 of this title except those in §111.230.

J.

Severability. In the event any provision of this section shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this section as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.

(Ord. 274-2008 §1)