HomeMy WebLinkAbout205232011076261 Received: 12/28/2011 11:38:36 A10
Recorded: 12/28/2011 11:45:58 AM Filed 8,
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $25.00
1 ORDINANCE NO. 20,523
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE
4 CHAPTER 17, ARTICLE VI, DIVISION 4 (1988); TO DECLARE AN
5 EMERGENCY; AND FOR OTHER PURPOSES.
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WHEREAS, the Little Rock has experienced a sharp increase in the number of copper related theft
related to air conditioning units; and
WHEREAS, the Chief of Police recommends certain changes to the current scrap metal ordinances
to help curtail individuals from stealing air conditioner parts;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1. Section 17 -202 of the Little Rock Ark. Rev. Code ( "LRC ") (1988) is hereby amended by
inserting a new subsection (c) to prohibit the sale of air conditioning parts by persons other than the
owner or a contractor, plumber, or electrician with a HVAC license and to read as follows:
(c) The purchase of air conditioning parts as scrap metal, or by scrap
metal recyclers is prohibited, provided that this prohibition shall not
apply:
(i) To parts being sold by a contractor, plumber, or electrician
and;
(A) The HVAC license of the contractor, plumber, or
electrician license is provided at the time of the sale;
and
(B) A copy of the HVAC license and number is recorded
by the purchaser of the scrap metal; or
(ii) The parts are being sold by an individual who provides:
(A) Documentation that the parts were removed by an
individual with a current and valid HVAC license,
and
(B) Evidence of ownership of the parts by providing an:
(1) Invoice for the purchase of the unit from which
the parts were removed;
(2) Invoice for the purchase of a unit which replaced
the unit from which the parts were removed;
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1 (3) Affidavit from the dealer who sold the unit from
2 which the parts were removed; or
3 (4) Affidavit from the dealer who sold and installed
4 a unit which replaced the unit from which the
5 parts were removed; and
6 (C) A copy of the documentation required under this
7 subdivision (c)(ii) is recorded by the purchaser of the
8 scrap metal;
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10 Section 2. Subsection 17- 202(c) of the Little Rock Ark. Rev. Code ( "LRC") (1988) is hereby
11 renumbered as 17- 202(d) and amended to read as follows:
12 (d) The record shall contain at a minimum:
13 (i) The name, address, gender, birth date, and identifying number from the seller's
14 driver's license, military identification card, passport, or other form of
15 government- issued photo identification taken at the time of the sale and kept on
16 record;
17 (ii) The digital fingerprints of the seller taken at the time of sale and kept on record;
18 (iii) The type of scrap metals and materials so purchased;
19 (iv) The weights of the materials;
20 (v) The license plate number of the vehicle used in transporting the materials to the
21 place of business; and,
22 (vi) If, and only if, the metals sold are air conditioning parts, copies of the documents
23 required under subsection (c) of this section.
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25 Section 3. Subsection 17- 202(d) of the Little Rock Ark. Rev. Code ( "LRC ") (1988) is hereby
26 renumbered as 17- 202(e).
27 Section 4. Subsection 17- 202(e) of the Little Rock Ark. Rev. Code ( "LRC") (1988) is hereby
28 renumbered as 17- 202(f).
29 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
30 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
31 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
32 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
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I Section 6. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any
2 provision of this ordinance, are hereby repealed to the extent of such conflict.
3 Section 7. Emergency. The ability to stop the theft of air conditioning parts and to assure that the
4 City's ordinance on scrap metal is in compliance with state law is essential to the public health safety and
5 welfare; an emergency is, therefore, declared to exist and this ordinance shall be in full force and effect
6 from and after the date of its passage.
7 PASSED: December 20, 2011
8 ATTEST: APPROV
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11 usa n , City C rk Mark Stodola, ayor
12 APP O S TO LEGAL FORM:
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15 Thomas M. Carpenter, Ci ttorney
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