Bellflower Municipal Code Ch. 5.64 Purchase of Non-Ferrous Metals

For purposes of this chapter, the following definitions shall apply:

"Non-ferrous metals"

shall mean any metal scraps that have value, and that are derived from metals other than iron and its alloys in steel, and to which a magnet will not adhere, including, but not limited to, copper, tin, brass, bronze, lead, zinc, and other metals, but excluding recyclable food and beverage containers, and precious metals when actually used in the manufacturing, sale, repair, or resale of jewelry.

"Scrap metal merchant"

shall mean any person who is in the business of recycling, shredding, resale, or destruction of metals of any kind.

"Seller"

shall mean a person selling or attempting to sell, at any one time, three or more linear feet of non-ferrous metals, or a bulk weight in excess of one pound of non-ferrous metals.

(Prior code § 5-16.1)

A. Prior to purchasing any non-ferrous metals from any seller, a scrap metal merchant shall obtain proof of ownership from the seller. Such proof of ownership must show that the seller has lawful possession or ownership of the non-ferrous metals. Acceptable proof of ownership is limited to one of the following: 1) an invoice or receipt for purchase of the non-ferrous metals containing the name of the purchaser; or 2) a contractor's license, construction or demolition permit for the site from which the non-ferrous metal came, and a declaration by the seller describing the source of the metal which is signed and dated by the seller and witnessed by the scrap metal merchant. Acceptable proof of lawful possession requires, in addition to the aforementioned documentation, the signed declaration of the named purchaser of the non-ferrous metals or the holder of the contractor's license that the seller has been designated the owner's agent for purposes of the sale of non-ferrous metals, and the address and phone number of the declarant.

B. For each purchase of non-ferrous metals from any seller, the scrap metal merchant shall prepare and retain a proof of ownership record which shall include all of the following information:

1. A photocopy of a current, valid driver's license, state identification card, passport, military identification, or other government-issued identification card containing a photograph of the seller;

2. The signature of the seller;

3. The correct legal name, date of birth, and place of residence, including street number, street name, city, state, and zip code of the seller;

4. A description of the non-ferrous metal received by the scrap metal merchant, including number of units, weight, volume, length, predominant type of metal, identifying marks engraved or etched on the metal, if any, and serial numbers, if any;

5. The date and time of the transaction, the amount paid, and the name of the employee of the scrap metal merchant handling the transaction;

6. A description of any motor vehicle used by the seller, together with its license number;

7. A copy of the proof(s) of ownership described in Subsection (A) of this section.

C. Prior to purchasing any non-ferrous metals from any seller, a scrap metal merchant shall verify the seller's identity by comparison with the driver's license or other government-issued photo identification required by Subsection (B)(1) of this section.

D. A scrap metal merchant may not purchase non-ferrous metals from any person under the age of 18 years of age.

(Prior code § 5-16.2)

A. Payment from a scrap metal merchant to the seller must be withheld by the scrap metal merchant for 14 days after the non-ferrous metal is transferred to the scrap metal merchant. Payment must be made in the form of a check. If the seller is an agent of a person named as the purchaser of the non-ferrous metal or the holder of the contractor's license, payment shall be mailed to the address of such person as set forth in the declaration of agency.

B. A law enforcement agency may place a 60 calendar day hold on any non-ferrous metal which the law enforcement agency has reasonable suspicion to believe was stolen, by providing a written notice to the scrap metal merchant to hold the non-ferrous metal at the scrap metal merchant's place of business. Upon request of a scrap metal merchant filed within five days of receipt of such notice, the law enforcement agency shall hold a probable cause hearing on such hold, which hearing shall be held within 10 days of receipt of the request. The law enforcement agency may release the hold earlier by additional written notice and shall release the hold if a probable cause hearing is held and probable cause to believe the non-ferrous metal was stolen is not found at such hearing. After 60 calendar days, unless other disposition is directed by the law enforcement agency pursuant to the provisions of law, the hold is automatically released and the scrap metal merchant may dispose of the non-ferrous metal in such manner as he or she chooses.

(Prior code § 5-16.3)

A. Retention of Records. A purchasing business must keep the information required to be collected by this chapter for not less than one year from the date of purchase or delivery, whichever is later. The information required to be collected by this chapter must be made available to any law enforcement personnel including, without limitation, any authorized City representative, the City Attorney, or the District Attorney upon request.

B. Inspection of Premises. Any authorized law enforcement officer or authorized City employee may conduct reasonable inspections, during regular business hours, to ensure compliance with applicable law.

(Prior code § 5-16.4; Ord. 1370 § 11, 3/11/19)

A. Nothing in this chapter shall be deemed to affect any other requirement established by Federal, State, or local law relating to the purchase of metals.

B. In addition to the penalties described in Section 1.08.070 of this Code, violation of this chapter shall be a basis for revocation of any discretionary permit required for operation of the scrap metal merchant, including, but not limited to, any business permit or Conditional Use Permit.

(Prior code § 5-16.5)