20013ORDINANCE NO. 20,013
2
3 AN ORDINANCE TO AMEND 517 -202 OF THE CODE OF ORDINANCES TO DEFINE THE
4 CUSTOM OF THE TRADE FOR THE DESCRIPTION OF SCRAP METAL PURCHASED WITHIN
5 THE CITY OF LITTLE ROCK; TO CLARIFY THE PURCHASE RECORDS OF SCRAP METAL
6 RECYCLERS THAT MUST BE MAINTAINED WITHIN THE CORPORATE LIMITS OF THE CITY OF
7 LITTLE ROCK; TO REQUIRE DAILY POSTING TO AN ELECTRONIC DATABASE; AND FOR
8 OTHER PURPOSES.
9
10 WHEREAS, the City of Little Rock has seen a substantial increase in the number of thefts of metal
I I such as copper, brass, aluminum, bronze, lead, zinc and nickel; and
12 WHEREAS, pursuant to Act 749 of 2007, codified as Ark. Code Ann. SS17 -44 -101 to -106 (West Supp.
13 2008), scrap metal recyclers are required by state law to maintain records on purchase transactions in
14 excess of one hundred pounds (100 lbs.) or fifty dollars ($50.00); and,
I5 WHEREAS, state law provides that the general description of scrap metal purchased within the City
16 shall be made in accordance with the custom of the trade; and
17 WHEREAS, for all scrap metal purchased within the City of Little Rock it is important to declare the
18 custom of the trade as to the public records to be maintained; and,
19 WHEREAS, such records are accessible only at the recycler's place of business; and
20 WHEREAS, a computer data base system requirement for scrap metal recyclers similar to that used
21 by pawnbrokers would allow law enforcement to utilize its manpower resources more effectively;
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
23 ARKANSAS:
24 Section 1. Purpose. The purpose of this ordinance is to clarify the customs of the trade within the
25 corporate limits of the City of Little Rock, Arkansas, for scrap metal recyclers to create and maintain
26 records of scrap metal purchases within the City. For purposes of this ordinance, scrap metal recycler
27 means any person that purchases scrap metal.
28 Section 2. Little Rock, Ark., Rev. Code S 17 -202 is hereby amended to read as follows:
29 (a) Effective November 1, 2008, at( scrap metal recyclers that are located and do business
30 within the corporate limits of the City of Little Rock, Arkansas, shall file daily electronic
31 records of scrap metal purchases made that day by the end of the business day and into a
32 database maintained by LEADS Online (Law Enforcement Automated Database Search), or
33 similar database as designated by the Chief of Police.
34 (b) The purchase of catalytic converters as scrap metal, or by scrap metal recyclers is
35 prohibited, provided that this prohibition shall not apply:
36 (i) To situations in which the scrap metal recycler has purchased an entire motor
37 vehicle that contains a catalytic converter; or,
[PAGE 1 OF 3]
Ordinance
To amend § 17 -202 of the Code of Ordinances pertaining to
Records of scrap metal dealers
I (ii) The seller makes an affirmative statement, in writing, that the automobile, or the
2 catalytic converter, is seller's private property, or is a catalytic converter
3 previously purchased by the setter.
4 (iii) For purposes of this subsection, an entire motor vehicle shalt be consider one in
5 which the engine compartment, chasis, and substantial portion of the frame or cab
6 of the motor vehicle is still intact at the time of the purchase.
7 (c) The record shalt contain at a minimum:
8 (i) The name, address, gender, birth date, and identifying number from the seller's
9 driver's license, military identification card, passport, or other form of
10 government- issued photo identification taken at the time of the sale and kept on
II record;
12 (ii) The digital fingerprints of the setter taken at the time of sale and kept on record;
13 (iii) The type of scrap metals and materials so purchased;
14 (iv) The weights of the materials;
I5 (v) The license plate number of the vehicle used in transporting the materials to the
16 place of business; and,
17 (vi) If, and only if, the metals sold are air conditioning parts:
18 (A) The contractor's, plumbing, electrician, or HVAC license of the seller, with a
19 copy of the license number kept on record; or,
20 (B) An affirmative statement by the seller, in writing, that the metals are the
21 sellers private property from a property owned by the seller, or are metals
22 purchased by the setter'
23 (vii) If, and only if, metal painted purple is offered for sate:
24 (A) The contractor's, plumbing, electrician, or HVAC license of the seller, with a
25 copy of the license number kept on record; or,
26 (B) An affirmative statement by the seller, in writing, that the metals are the
27 sellers private property from a property owned by the setter, or are metals
28 purchased by the setter'
29 (d) These records shall:
30 (i) Be kept for a period of one (1) year by the scrap metal recycler;
31 (ii) Be made available to any law enforcement officer of the state or of any
32 municipality; and
33 (iii) Be made available for use in any legal proceeding should such become necessary.
34 (e) This section shalt not apply to:
35 (i) Sales in a series of scrap metal purchase transactions made pursuant to a contract;
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Ordinance
To amend § 17 -202 of the Code of Ordinances pertaining to
Records of scrap metal dealers
I (ii) Transactions in which a scrap metal recycler purchases, transfers, or otherwise
2 conveys scrap metal to another scrap metal recycler if the purchaser or transferee
3 obtained a bill of sate or similar document at the time of transfer; or
4 (iii) Purchases involving only beverage containers; or
5 (iv) Ferrous metals.
6 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
7 or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
8 adjudication shalt not affect the remaining portions of this ordinance, which shall remain in full force
9 and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part
10 of this ordinance. Specifically, and not contrary to any other provision of this section, if the use of the
City's police power to impose these conditions as the custom of the trade within the corporate limits of
12 the City of Little Rock, Arkansas, is successfully challenged, then:
13 (a) The provisions shall be treated as an action of the police powers of the City of Little Rock,
14 Arkansas, without reference to the custom of the trade; and,
I5 (b) The provisions shall only apply to purchases under the amount of fifty dollars ($50.00), or
16 one hundred pounds (100 pounds).
17 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
18 inconsistent with the provisions of this ordinance, are hereby repealed to the extent of such
19 inconsistency.
20 Section 5. Effective Date. This ordinance shall be effective on November 1, 2008.
21 PASSED: August 4, 2008
22 ATTEST: APPROVED:
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25 Nancy Wo d, ity Cle A Mark Stodola, Mayor
ROVE A
26 APPS TO LEGAL FORM:
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28 II//
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29 Thomas M. Carpenter, City At rney
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Ordinance
To amend 5 17 -202 of the Code of Ordinances pertaining to
Records of scrap metal dealers