Calexico Municipal Code Ch. 5.60 Junk Dealers and Recyclers

Footnotes:

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Editor's note— Ord. No. 1195, § 2, adopted Jan. 23, 2019, repealed former Ch. 5.60, §§ 5.60.010, 5.60.020, in its entirety and enacted new provisions as herein set out. Former Ch. 5.60 pertained to junk dealers and junkyards and derived from the prior code, §§ 2330, 2331; Ord. No. 614, § 1, 1967.

As used herein, the following words shall have the meanings set out below:

"Junk" means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof.

"Junk dealer" includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer.

"Junkyard" includes any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept.

"Person" or "persons" means any individual, partner or partnership, firm, trust, business, corporation, association, joint venture, club, society or any other entity.

"Recycler" means any processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code, who buys or sells scrap metal that constitutes junk.

"Scrap metals" includes, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code.

(Ord. No. 1195, § 2, 1-23-2019)

A. Every junk dealer or recycler within the city shall keep a register in which such person shall enter and preserve a record of all articles purchased by or delivered into the possession of such person, together with the name, street address and city or post office box and city, driver's license number or social security number of the person from whom such articles were purchased or received. Such entry shall be made on the date and at the time of purchase or receipt of such article and shall set forth such date, complete list of articles purchased along with the color, make, size, model, serial number, price paid and must display all articles so purchased or received in an area open to the public and in public view.

B. Such register must meet the requirements of state and federal law.

C. Such register shall be retained for two (2) years after the final entry of purchase of junk. Failure to retain such register for that period of time shall be punishable as set out in Section 5.60.090 below.

D. The register shall at all times during business hours be open to the inspection of the chief of police, his or her designee or code enforcement officers.

E. In addition to the requirements of this Section 5.60.020, a junk dealer or recycler also shall comply with the requirements of Section 5.60.040 through 5.60.070 regarding the acquisition and transfer of scrap metals.

(Ord. No. 1195, § 2, 1-23-2019)

A. It is unlawful for any junk dealer or recycler to conduct business or to operate within the city of Calexico between the hours of nine p.m. (9:00 p.m.) of one day and seven a.m. (7:00 a.m.) of the next day. Any city police department or code enforcement officer may enter and inspect the place or premises of the business during business hours to verify out compliance with the provisions of this chapter. The junk dealer or recycler shall during those hours produce for inspection his or her records of sales and purchases as well as all property purchased incident to those transactions which is in the possession of the junk dealer or recycler for inspection.

B. Nothing in this section or chapter, however, shall be construed to limit the authority or ability of the police department in carrying out its law enforcement powers and duties or to otherwise enter the reporting business' place or premises at any time for any lawful purpose.

(Ord. No. 1195, § 2, 1-23-2019)

In addition to the requirements of federal and state law and regulations as well as this chapter, the requirements of Sections 5.60.040 through 5.60.070 shall apply to any junk dealer or recycler who deals in or with scrap metals of any kind (the "reporting business").

A. Any junk dealer or recycler of scrap metals shall submit to the city police department or its designee, at least once per calendar week, in person or by email, a full and complete copy of all scrap metal invoices and receipts in the form provided by the police department.

B. A second invoice copy shall be held by the reporting business in numerical or chronological order. All records must be kept for a period of two years from the final date of the transaction.

C. The required invoices shall legibly document all of the following information:

1. The place and date of each sale or purchase of scrap metals;

2. The full name of each seller(s) or person(s) transferring and transporting scrap metals with the valid driver's license numbers and state of issue or the California issued identification card number(s), and California issued contractor's number, and any of the following forms of identification will suffice for purposes of this section:

(A) A passport of the United States (B) A driver's license issued by any state or Canada;

(B) A driver's license issued by any state or Canada;

(C) An identification card issued by any state;

(D) An identification card issued by the United States;

(E) A passport from any other country in addition to another item of identification bearing an address;

(F) A Matricula Consular in addition to another item of identification bearing an address.

3. If the seller or transferor of any scrap metal has no vehicle license plate number on the vehicle or trailer, then the vehicle identification number (VIN) of any motor vehicle and trailer used in transporting the metals shall be recorded;

4. The name and street address (no post office box) of each person to whom scrap metal is sold or transferred by the reporting business and the license number or VIN number of any motor vehicle and trailer used in transporting the scrap metals from the control of the reporting business;

5. A full, true and detailed description of the scrap metals purchased, transferred or sold, including but not limited to the item metal type, quantity, and identification number if visible;

6. A statement indicating either that the seller of the scrap metals is the owner of the original scrap metal item or the name of the person from whom the scrap metals were obtained as shown on a signed transfer document;

7. The full name and signature of persons authorizing on behalf of the reporting business the transfer or sale of the scrap metal;

8. A clearly legible thumbprint of each seller or transferor of the scrap metal. Notwithstanding, inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given.

(Ord. No. 1195, § 2, 1-23-2019)

A. For a period of ten calendar days after receipt of any scrap metal, each reporting business shall retain such scrap met in its possession in the same size, shape and condition in which it was received. The ten calendar day holding period shall commence with the date the report of acquisition was made by the reporting business to the police department.

B. During the ten calendar day holding period, each reporting business shall produce any items reported under this chapter for inspection upon request by any police department or code enforcement officer.

C. Property subject to inspection that is stored off the premises of the reporting business shall, upon such request for inspection, be produced at the reporting business' premises within one business day of the request.

(Ord. No. 1195, § 2, 1-23-2019)

Any reporting business buying scrap metal for more than five dollars shall pay for such scrap metal only by paper business check payable to the seller and delivered to a physical address provided by the seller not sooner than the day after termination of the ten calendar day holding period.

(Ord. No. 1195, § 2, 1-23-2019)

A. Each reporting business immediately shall notify the police department by telephone (nonemergency lines) or other means likely to reach the police department without delay, of the sale or purchase, or attempted sale or purchase; of any scrap metal, that reasonably appears to be used only by governments, utilities, railroads, or farms, such as guardrails, manhole covers, high voltage transmission lines, agricultural irrigation pumps, residential and commercial copper pipes and wiring, construction-grade aluminum, historical markers, cemetery plaques, light poles, and metal bleachers.

B. Any attempted transfer, sale, or purchase of materials suspected to be stolen property, shall be reported to the police department immediately.

C. A junk dealer or recycler shall request to receive theft alert notifications regarding the theft of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, in the junk dealer's or recycler's geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.

(Ord. No. 1195, § 2, 1-23-2019)

The requirements of Sections 5.60.040 through 5.60.070 shall not apply to any of the following:

A. The redemption and recycling of metal beverage and liquid containers;

B. The transfer of household generated scrap metal waste (exclusive of air conditioning components, coils, and compressors);

C. A secondhand or used car dealer, merchant or person conducting motor vehicles and farm machine sales which are not conducted or operated in conjunction with a junkyard, junk dealer, auto dismantler (as identified, licensed, and regulated by the California Vehicle Code, California Code of Regulations, Government Code, and Health & Safety Code) or recycler;

D. A motor vehicle or farm machine parts dealer, merchant or person selling new equipment that accepts or takes as part payment or credit used equipment of the same kind and thereafter selling or disposing of the same;

E. A secondhand or used oil, water, or geothermal well supply and equipment dealer, merchant or person which is not conducting or operating their business in conjunction with a junkyard, junk dealer, or recycler;

F. Coin sales;

G. Secondhand furniture merchants;

H. Pawnbrokers;

I. Secondhand clothing merchants and ragpickers;

J. Any person who buys or sells junk acquired in the conduct of any business other than that of a junk dealer or recycler; and

K. Scrap metal purchased or received from another junk dealer or recycler who has recorded, reported, and held the material as required. The purchase or receipt shall also be exempt from further holding or reporting provided that the selling party gives the buyer written assurance of this fact. The seller shall be held responsible for any failure to report or hold.

(Ord. No. 1195, § 2, 1-23-2019)

A. A junk dealer or recycler who fails in any respect to keep any written record required by this chapter or to set out in that written record any matter required by this chapter to be set out therein, is guilty of a misdemeanor.

B. Every junk dealer or recycler who refuses, upon demand by any police department or code enforcement officer, to exhibit any written record required by this chapter, or who destroys that record within two (2) years after making the final entry of a purchase or sale of junk therein, is guilty of a misdemeanor.

C. Any knowing and willful violation of subdivisions A. or B. shall be punishable as follows:

1. For a first offense, by a fine of not less than one thousand dollars, or by imprisonment in the county jail for not less than thirty days, or by both that fine and imprisonment.

2. For a second offense, by a fine of not less than two thousand dollars, or by imprisonment in the county jail for not less than thirty days, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph, the court may order the defendant to stop engaging in business as a junk dealer or recycler for a period not to exceed thirty days.

3. For a third or any subsequent offense, by a fine of not less than four thousand dollars, or by imprisonment in the county jail for not less than six months, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph the court shall order the defendant to stop engaging in business as a junk dealer or recycler for not less than one year.

D. Any unauthorized disclosure of personal identification information collected from a seller by a junk dealer or recycler is prohibited, and any such disclosure shall render the violator liable for a civil fine of up to five thousand dollars.

E. Any reporting business violating any provision of this chapter, including but not limited to any knowing or intentional misrepresentation of information required under this chapter or who is personally convicted of any felony involving theft, burglary, robbery, embezzlement or other felonious crime of moral turpitude involving dishonesty, deception or fraud, shall be subject to having their business license, or their application for a business license, revoked or denied by the city of Calexico pursuant to the procedures set forth in the Municipal Code.

F. Nothing in this chapter shall be construed or deemed preventative or limiting the city of Calexico and/or the Imperial County District Attorney Office from seeking some or all penalties provided for or from seeking any other available enforcement procedure or remedy at law against the reporting business.

G. Nothing in this section shall be construed or deemed to prevent or limit the police department from carrying out any arrest, enforcement action, seizure of property, or other duties as permitted by law.

(Ord. No. 1195, § 2, 1-23-2019)