Sec. 16-199. - Definitions.

For the purpose of this article, the following terms shall have the meanings indicated:

Building construction materials means copper pipe, tubing, or wiring, aluminum wire, aluminum siding, plumbing supplies, electrical supplies, window glass, window frames, doors, door frames, downspouts, gutters, lumber, air conditioning units and other similar materials.

Chief of police means the chief of police for the city and such persons as he may designate to perform his duties under this article.

City means the City of San Antonio, Bexar County, Texas.

Clear thumbprint impression means an intentional recording of the friction ridge detail on the volar pads of the thumb.

Dealer means both secondary metals recyclers and secondhand metal dealers collectively.

Director means the director of the housing and neighborhood services for the city.

Licensee means a person who holds a license to conduct business as a scrap metal processor or secondhand dealer.

Metal recycling entity means anyone, who from a fixed location engages in the business of utilizing machinery or equipment for the processing of or manufacturing of iron, steel or nonferrous metallic scrap and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for re-melting purposes.

Minor means any person under eighteen (18) years of age.

Person means an individual, joint venture, partnership, corporation, trust, or association.

Real-time electronic web-based database means an electronic filing system in which data is organized by fields and records and that is capable of transmitting a file or responding to input immediately via the Internet.

Regulated metal means a direct product or byproduct of any form of a manufactured, shaped, or processed aluminum, brass, copper, lead, bronze, catalytic converters, batteries, unused rebar or other nonferrous metallic material.

Secondary metals recycler means any person who, directly or through an agent, manager, or employee, purchases or receives scrap metal which is thereafter subjected to two (2) or more of the following:

(1)

Sorting or classifying;

(2)

Cleaning;

(3)

Bailing or wrapping;

(4)

Cutting, shredding, or shearing; or

(5)

Changing the physical form or chemical content thereof as needed for the manufacturing of new metal items.

Secondhand metal dealer means a person other than a secondary metals recycler, who personally or through managers, agents, and/or employees, purchases or receives scrap or other metal items that are offered for sale.

Used means any items, goods, products, wares, chattels, or articles of any sort which have previously been owned by someone other than the manufacturer, or a dealer whose business it is to sell such items, goods, products, wares, chattels, or articles when new to the consumer.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-200. - Administrative rules.

The director and the chief of police shall promulgate rules and regulations to administer the provisions of this article. Such rules and regulations shall not conflict with any applicable provisions of this Code. All rules and regulations so promulgated shall be kept on file for public inspection at the office of the city secretary, the office of the chief of police and the office of the director. A copy of the rules and regulations shall be provided to any person upon payment of the fees prescribed by law. Failure to comply with any of the promulgated rules or regulation established under this subsection shall be grounds for the revocation of or the refusal to issue or renew any license required of the owner or operator of a metal recycling, secondhand metal or secondhand business under this Code. The revocation or suspension of any permit shall not prohibit the imposition of a criminal penalty, and the imposition of a criminal penalty shall not prevent the revocation or suspension of a license under this article.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-201. - Records required to be kept by metal recycling entities, and secondhand metal dealers.

(a)

The provisions of this section apply to all business carried on at a single location. With the exception of the sale or transfer of aluminum cans, a metal recycling entity or secondhand metal dealer shall keep at his place of business a record in a real-time electronic web-based database, in a form and method approved by the chief of police, in which he shall enter daily, in English, a full description of each transaction in which personal property is purchased or otherwise received at his place of business. Such description shall include:

(1)

The date and time of receipt of any item;

(2)

The full name and current address of the person or place of business from whom each item was received;

(3)

A clear thumbprint impression from the person seeking to transfer, sell or otherwise give the items that are the subject of each transaction;

(4)

Verified evidence that the person transferring, selling or otherwise giving the items is at least eighteen (18) years of age by presentation of valid identification, including a photograph of the face of person transferring, selling or otherwise giving the item, in the form of:

a.

A current driver's license from Texas or another state within the United States;

b.

An identification card issued by the state department of public safety; or

c.

United States military identification.

(5)

A description of the motor vehicle and/or trailer or other mode of transportation in or on which each item received was carried to, delivered or transported to the metal recycling entity, secondhand metal dealer, or secondhand dealer's place of business, including state and license plate number, if applicable;

(6)

The individual transaction number assigned by the licensee to each item received;

(7)

A description of the items received as part of the transaction including, where customary in the business, the size, weight, material, and any other designations or descriptions customarily employed in the sale and purchase of such items;

(8)

A digital photo of the seller, and digital photograph of items received;

(9)

The name or employee number of the employee who facilitates or conducts the transaction.

(b)

The real-time electronic web-based database described in subsection (a) shall be created and maintained by the police department. The metal recycling entity or secondhand metal dealer shall forward the required record and descriptions set forth in subsection (a) in an electronic format to the designated police department web site before the close of business on each day on which the metal recycling entity or secondhand metal dealer is open for business. Failure to comply with any provision of this section shall be grounds for the revocation of or the refusal to issue or renew any license required of a metal recycling entity or secondhand metal dealer under this Code. Any person violating any provision of this section shall be punished as provided by section 16-210.3

(c)

The metal recycling entity or secondhand metal dealer, his agents or employees shall obtain a consecutively numbered receipt from the seller or transferor of the property. Such receipt shall be dated on the actual date of the transaction and shall list the items sold or otherwise transferred. A printed version of the record input and transmitted to the real-time electronic web-based database as described in this section shall satisfy this requirement. An accurate copy or record of receipts obtained shall be retained for a period of not less than one year.

(d)

A metal recycling entity or secondhand metal dealer shall, upon request, submit and exhibit the various business records that are required to be maintained under this section for inspection or copying by any peace officer or authorized inspector of the director. Failure to maintain or to so permit the examination or copying of such records when requested shall be a misdemeanor offense punishable as specified in section 16-210.3

(e)

The metal recycling entity or secondhand metal dealer shall be on-line with the real-time database within (90) ninety days of the approval and signing of the ordinance from which this article derives by the city council. All other sections of this article will be immediately enforced upon the approval and signing of the ordinance from which this article derives by city council.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-202. - Government or utility property.

(a)

It shall be unlawful for any metal recycling entity or secondhand metal dealer, his agents or employees to purchase or receive an item of property, including but not limited to street signs, traffic signals, manhole covers, road and bridge guard rails, street light poles and fixtures, on which are written or affixed the words "Property of the City of San Antonio" or other words or markings demonstrating ownership by the city except in the following circumstances:

(1)

Where the person offering such property for sale is an employee of the city authorized by the director to make such a sale and provides the metal recycling entity or secondhand metal dealer, his agents or employees with a written authorization from the city treasurer for the sale of such property; or

(2)

Where the person offering such property for sale presents at the time of such offer a valid receipt from the director evidencing the purchase of such property by the person offering such property.

(b)

It shall be unlawful for any metal recycling entity or secondhand metal dealer, his agents or employees to purchase or receive an item of property that is marked with any form of the name or initials of a governmental agency, including but not limited to the state and the United States of America and their agencies and political subdivisions or that the metal recycling entity or secondhand metal dealer, his agents or employees know or should reasonably be expected to know belongs to a governmental agency, including but not limited to street signs, traffic signals, manhole covers, road and bridge guard rails, street light poles and fixtures, except:

(1)

Where the person offering such property for sale is an employee of the governmental agency authorized by that agency to make such a sale and provides the metal recycling entity or secondhand metal dealer, his agents or employees with a written authorization from the agency for the sale of such property; or

(2)

Where the person offering such property for sale presents at the time of such offer a valid receipt from the governmental agency evidencing the purchase of such property by the person offering such property.

(c)

It shall be unlawful for any metal recycling entity or secondhand metal dealer, his agents or employees to purchase or receive an item of property that is, marked with any form of the name or initials of an electrical, telephone, cable, or other public utility company or that the metal recycling entity or secondhand metal dealer, his agents or employees know or should reasonably be expected to know belongs to a public utility unless the person offering such property for sale presents at the time of such offer a valid receipt from the public utility company evidencing the purchase of such property by the person offering such property.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-203. - Acceptance of building construction materials.

(a)

It shall be unlawful for any metal recycling entity or secondhand metal dealer, to receive, sell, dismantle, deface or in any manner alter or dispose of any building construction material received by him at his licensed place of business unless he complies with the provisions of sections 16-201 and 16-206

(b)

It shall be unlawful for any metal recycling entity or secondhand metal dealer to receive, sell, dismantle, deface or in any manner alter or dispose of any building construction material received by him at his licensed place of business unless prior to receiving, selling, dismantling, defacing or in any manner altering or disposing of any building construction material, the metal recycling entity or secondhand metal dealer:

(1)

Records, along with the description of the property, the serial number, or other identifying characteristics of each part or piece of building construction material; and

(2)

Obtains a written, signed statement from the seller attesting to lawful ownership of the property, a receipt from the lawful owner, or a written, signed statement from the lawful owner of the property providing that the seller has authorization to sell or otherwise transfer, that property. Any person violating any provision of this section shall be punished as provided by section 16-210.3

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-204. - Acceptance of air conditioning unit parts.

It shall be unlawful for any metal recycling entity, secondhand metal dealer or secondhand dealer, his agents or employees to purchase or receive any nonferrous central air conditioning unit parts to include air conditioning window units from any person offering such property for sale unless the person presents an original copy of a reclamation receipt or recovery receipt issued by a state- or city-licensed mechanical contractor that recovered the Freon from the unit which is being sold.

(1)

Where the person offering such property for sale is an employee of the governmental agency authorized by that agency to make such a sale and provides the metal recycling entity or secondhand metal dealer, his agents or employees with a written authorization from the agency for the sale of such property; or

(2)

Where the person offering such property for sale presents at the time of such offer a valid receipt from the governmental agency evidencing the purchase of such property by the person offering such property.

(3)

The person offering the property for sale is the manufacturer of air conditioning units, or a licensed recycler in the business of purchasing air conditioning parts to include air conditioning window units must provide a certificate of reclamation or recovery certificate to the metal recycling entity, secondhand metal dealer, his agents or employees in order to resell the units to the metal recycling entity, secondhand metal dealer, his employees or his agents.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08; Ord. No. 2009-10-01-0777F, § 1, 10-1-09)

Sec. 16-205. - Stock to be open for examination.

The stock or inventory of any metal recycling entity, secondhand metal dealer, or secondhand dealer shall at any time during ordinary business hours be accessible for examination by any peace officer or authorized inspector of the director's office. Failure to comply with any provision of this section shall be grounds for the revocation of or the refusal to issue or renew any license required of a metal recycling entity, secondhand metal dealer or secondhand dealer under this Code. Any person violating any provision of this section shall be punished as provided by section 16-210.3.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-206. - Articles to be retained at least seventy-two (72) hours; tag; exceptions.

(a)

Notwithstanding the provisions of subsections (b) and (c), no metal recycling entity, or secondhand metal dealer shall sell, dismantle, deface or in any manner alter or dispose of any regulated metal purchased or otherwise received by him at his licensed place of business for seventy-two (72) hours after receipt, excluding weekends and holidays provided that he is not required to keep aluminum cans for more than twenty-four (24) hours. During such 72-hour period, all items of property shall be stored or displayed at the dealer's business location, in the exact form received, and in a manner so as to be identifiable from the description entered in the database. Such property shall not be kept in such a manner so as to prevent or impede its, examination.

(b)

A peace officer who has reasonable suspicion to believe that an item of regulated material in the possession of a metal recycling entity or a secondhand metal dealer is stolen may place the item on hold in the manner provided by V.T.C.A., Occupations Code § 1956.037.

(c)

Exceptions. A metal recycling entity is not required to comply with the provisions of this section if the metal recycling entity verifies that the person or entity seeking to sell or otherwise transfer the metal items has one of the following licenses or permits to establish that he is a manufacturing, industrial, commercial, retail, or other seller that sells regulated material in the ordinary course of its business:

(1)

The metal items are not in their original packaging in which case the metal recycling entity must comply with section;

(2)

A valid city-issued metal recycling entity or secondhand metal dealer license, which the metal recycling entity or secondhand metal dealer shall record by photocopying the license or recording the license number in connection with the sale and maintain for a period of not less than three (3) years; or

(3)

A valid city-issued construction, demolition, or electrical permit, which the metal recycling entity or secondhand metal dealer shall record by photocopying the permit or recording the project number located on the permit in connection with the sale and maintain for a period of not less than one year.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-207. - Acceptance of property suspected stolen; peace officer requested holds; violation.

(a)

It shall be the duty of every metal recycling entity or secondhand metal dealer, his agents or employees to report immediately to the police department, by filing a formal complaint, any offer to sell to the metal recycling entity or secondhand metal dealer, his agents or employees, property that such metal recycling entity or secondhand metal dealer, his agents, or employees have actual knowledge is stolen or by reasonable diligence should know is stolen, together with the identity, when known, and description of the person or persons making such offer. Such metal recycling entity or secondhand metal dealer, his agents, or employees, shall also report any property acquired by the metal recycling entity or secondhand metal dealer, that the metal recycling entity or secondhand metal dealer or, his agents or employees, subsequently determine or reasonably suspect to be stolen property, and the metal recycling entity or secondhand metal dealer, his agents or employees, shall furnish such other information as might be helpful to the police in investigating the matter.

(b)

Notwithstanding the provisions of section 16-206, it shall be the duty of every metal recycling entity or secondhand metal dealer, his agents or employees to hold all suspected stolen property in a secure place for sixty (60) days upon request by a peace officer. The metal recycling entity or secondhand metal dealer, his agents or employees, may not process or remove the property from the dealer(s) or entity(ies) premises before the 60th day after receipt of the request from a peace officer to hold the property unless:

(1)

The item is released into a peace officer's care, custody and control at an earlier time;

(2)

A peace officer releases the hold on the property upon an earlier date;

(3)

A peace officer makes a written request to extend the holding period for up to twenty-four (24) months from the date the request is received; or

(4)

A court orders release of the property.

(c)

Failure to comply with any provision of this section shall be grounds for the revocation of or the refusal to issue or renew any license required of a metal recycling entity or secondhand metal dealer under this Code. Any person violating any provision of this section shall be punished as provided by section 16-210.3

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-208. - Facsimile, telecopy, or similar equipment required.

A secondary metals recycler or secondhand metal dealer shall maintain at its place of business, or otherwise have immediate access to, a facsimile, telecopy, or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated metal property may be expeditiously received from the police department. The equipment must be operable at all times during the usual and customary business hours of the secondary metals recycler or secondhand metal dealer. The secondary metals recycler or secondhand metal dealer shall maintain the facsimile number or other access number of the equipment on file with the chief of police and shall notify the chief of police within twenty-four (24) hours after any change in the number. Any person violating any provision of this section shall be punished as provided by section 16-210.3.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-209. - Purchasing or receiving goods from minors.

(a)

No metal recycling entity or secondhand metal dealer, shall purchase or otherwise receive in the course of his business, any item, ownership of which is claimed by any minor, or which may be in the possession of or under control of a minor, unless:

(1)

The minor is accompanied by his parent or guardian, who shall state in writing, that such transaction is taking place with such parent's or guardian's full knowledge and consent; or

(2)

The only items offered for sale by the minor are aluminum cans.

(b)

It shall be the duty of such metal recycling entity or secondhand metal dealer, to preserve and keep on file, and available for inspection, such written statements of consent for a period of not less than one year.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-210. - Acceptance of property inscribed with company name.

It shall be unlawful for any metal recycling entity or secondhand metal dealer, or his agents or employees, to purchase or receive an item of property that is marked with any form of the name or initials of a private company or that the metal recycling entity or secondhand metal dealer knows or should reasonably be expected to know belongs to a private company unless the person offering such property for sale presents at the time of such offer a written, signed statement from the seller attesting to lawful ownership of the property, a receipt from the lawful owner, or a written, signed statement from the lawful owner of the property providing that the seller has authorization to sell or otherwise transfer that property.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-210.1. - Acceptance of property delivered by shopping cart.

It shall be unlawful for any metal recycling entity or secondhand metal dealer, his agents or employees to purchase or receive an item of property that is transported to the metal recycling entity or secondhand metal dealer's place of business by a shopping cart that is marked with any form of the name or initials of a private company or that the metal recycling entity or secondhand metal dealer knows or should reasonably be expected to know belongs to a private company unless the person operating the shopping cart presents at the time of transportation of property to the metal recycling entity or secondhand metal dealer presents a valid receipt from the owner of the shopping cart evidencing the purchase of the shopping cart by the person operating the shopping cart.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-210.2. - Change in business address.

Should any licensee move his place of business from the place designated in such license to a new address, he shall immediately give written notice to the director and have the change noted on his license.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-210.3. - Individuals to be prosecuted; fine upon conviction.

It is a class "C" misdemeanor for any individual dealer, manager, agent, or employee of a dealer to recklessly receive or negligently allow another to receive regulated metal property in violation of this code. Upon conviction it shall be punishable by a fine of not more than five hundred dollars ($500.00).

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-210.4. - Revocation of license of salvage dealers with repeat violations; hearing.

The housing and neighborhood services department director shall investigate suspended violators of this article. An administrative license revocation hearing shall be conducted by the city manager or a duly appointed hearing officer in accordance with the requirements of section 16-210.5. The hearing officer shall consider documentary evidence and testimony from any interested parties who desire to offer relevant testimony. Upon a determination that the licensee is unable or unwilling to enforce the business practices necessary to comply with this article, the city manager shall revoke the dealer's license.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)

Sec. 16-210.5. - License revocation hearing.

(a)

Request by housing and neighborhood services director to city manager for hearing. The director shall notify the city manager of the need for a salvage dealer's license revocation administrative hearing and the city manager or a duly authorized representative shall set a hearing date. The director shall notify the affected dealer of such hearing, the reason for such hearing, and of the dealer's right to present evidence and to question all witnesses at such hearing. The notice shall be mailed by certified mail, return receipt requested, or hand delivered to an individual salvage dealer or to any partner of a partnership dealer, or to any officer of a corporate dealer. The notice shall be so delivered not less than fifteen (15) days before such hearing.

(b)

Prerequisite for hearing. Such hearing shall be had if the dealer or any employee, manager, or agent of the dealer cumulatively have accrued two (2) convictions for violating this article within a 12-month period, or three (3) convictions within an 18-month period.

(c)

Notice to dealer of license revocation. If the hearing officer determines that the dealer's salvage dealer's license shall be revoked, the city manager shall issue a written thirty (30) days notice of a salvage dealer's license revocation to the dealer by certified mail, return receipt requested. The revocation notice shall inform the dealer of the right of appeal and of the time limit for the written notice of appeal. The revocation shall become final on the 31st day after the dealer's receipt of said notice unless an appeal is properly filed.

(d)

Appeal to city council; request in writing. The dealer licensee shall have the right of an administrative appeal to the city council if demanded in writing and delivered to the city manager within ten (10) days after the dealer's receipt of the city manager's written thirty (30) days notice dealer's license revocation. Any continuation of business as a dealer after such revocation takes effect shall be in violation of the license requirements of this article unless enjoined by a court of competent jurisdiction. Said revocation notice shall inform the dealer of the right of appeal and of the time limit for the required written notice of appeal to be submitted to the city manager.

(Ord. No. 2008-06-19-0594, § 1, 6-19-08)