Fresno County Municipal Code Ch. 6.27 Illegal Possession or Transportation of Commercial Copper Wire

This Chapter shall be known as the Commercial Grade Scrap Metal Ordinance. The Board of Supervisors finds that commercial agriculture is vital to the economy of the County of Fresno. Businesses engaged in commercial agriculture rely upon infrastructure, such as energy transmission and telecommunication lines, to operate. Transmission and telecommunication lines, and related infrastructure, are often made of copper or aluminum, which can be sold as scrap metal to recyclers or junk dealers. Although these components are much more valuable to their lawful owners when used for their intended purpose, they are nevertheless frequently stolen by thieves seeking to sell copper or aluminum components as scrap. The process of stealing copper and aluminum components renders vital infrastructure inoperable until repaired, thereby harming the public health, safety and welfare which depend on such infrastructure. The cost of repairing and replacing infrastructure damaged by metal thieves substantially burdens businesses, public utilities, law enforcement and the public generally. Although the damage caused by metal thieves burdens all residents of the County, commercial agricultural businesses are particularly vulnerable to metal thieves due to the rural nature of agriculture. It is estimated that metal thieves inflicted over $3 million in damage to commercial operations in the County of Fresno alone in 2023.

Telecommunications and transmission lines are nearly always sheathed in a protective, insulating coating of rubber, plastic or similar material which contains markings that identify the type of wire or cable and its lawful owner. Once the sheathing is removed it is difficult for law enforcement to identify the lawful owner of the wire or cable. Wire or cable which has had the sheathing removed also sells for more money to recyclers and junk dealers. For both reasons, metal thieves typically strip off, burn off, or otherwise remove this protective sheathing before attempting to sell the stolen metal as scrap.

Existing California law regulates the businesses of junk dealing and recycling, requiring businesses to adhere to extensive regulations when accepting scrap metal for recycling, but those laws are not readily applied to individuals without a business affiliation. However, metal theft in the County of Fresno is overwhelming carried out by individuals acting on their own, with no legitimate business affiliation or purpose. Additionally, Fresno is a largely rural and agricultural county and is uniquely and particularly vulnerable to theft and destruction of infrastructure because its telecommunications and energy infrastructure are spread out over vast distances that cannot be feasibly secured or observed. Consequently, existing California law is insufficient to address the unique circumstances faced by the County of Fresno, and the Board of Supervisors finds that a County ordinance is necessary to address these issues. It is the purpose and intent of this chapter to support and supplement existing state law by giving law enforcement officials tools to deter, prevent, and punish the theft and vandalism of transmission and telecommunication lines by individuals without connection to a lawful business. It is not the purpose or intent of this chapter to impede or interfere with ordinary and lawful recycling, or duplicate or contradict existing state law pertaining to junk dealers and recyclers. Based upon the foregoing, the Board finds that it can be demonstrated by clear and convincing evidence that this ordinance is both necessary and addresses a unique problem specific to the County of Fresno that cannot effectively be addressed by existing law.

(Ord. No. 25-008, § 1, 4-22-2025)

For the purposes of this chapter:

A. "Commercial grade" refers to copper or aluminum wire or cable with a total diameter of .15 inches or greater, exclusive of any sheathing or coating, or telecommunications cable with fifty or more pairs of conductors in a single cable.

B. "Sheathing" means the coating, typically made of plastic, rubber or a similar substance, which insulates and protects commercial grade wire or cable, and often bears markings which identify the lawful owner, purpose, or source of the wire or cable.

C. "Scrap" means material derived from manufactured components, such as transmission or telecommunications lines, which is no longer useful for its intended purpose and is primarily valuable for recycling.

(Ord. No. 25-008, § 1, 4-22-2025)

No person shall receive, possess, or transport scrap commercial grade copper or aluminum wire, cable, transformer coils, transformer bands, power conducting components, or control system components of the type commonly found in electrical switch gear, or any combination thereof, with a total aggregate weight of 10 lbs. or more. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code section 21601, or to a person with a current and valid business license from the County of Fresno to operate as a junk dealer, secondhand dealer, itinerant dealer, used goods dealer, or flea market operator as set forth in Chapter 6.24 of this Ordinance Code, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, to commercial manufacturing businesses, to licensed businesses engaged in the transport or hauling of materials including scrap metal or commercial grade copper or aluminum wire, or to the agents or employees of those entities.

(Ord. No. 25-008, § 1, 4-22-2025)

No person shall receive, possess, or transport scrap commercial grade copper or aluminum wire or cable which has had its sheathing stripped, burned off, or otherwise removed. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code section 21601, or to a person with a current and valid business license from the County of Fresno to operate as a junk dealer, secondhand dealer, itinerant dealer, used goods dealer, or flea market operator as set forth in Chapter 6.24 of this Ordinance Code, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, to commercial manufacturing businesses, to licensed businesses engaged in the transport or hauling of materials including scrap metal or commercial grade copper or aluminum wire, or to the agents or employees of those entities.

(Ord. No. 25-008, § 1, 4-22-2025)

No person shall strip, burn, or otherwise remove the sheathing from commercial grade copper or aluminum wire or cable. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code section 21601, or to a person with a current and valid business license from the County of Fresno to operate as a junk dealer, secondhand dealer, itinerant dealer, used goods dealer, or flea market operator as set forth in Chapter 6.24 of this Ordinance Code, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, to commercial manufacturing businesses, to licensed businesses engaged in the transport or hauling of materials including scrap metal or commercial grade copper or aluminum wire, or to the agents or employees of those entities.

(Ord. No. 25-008, § 1, 4-22-2025)

A violation of this chapter is subject to enforcement through criminal prosecution, civil action, administrative citation, and civil penalties, as provided herein, including by injunction. Any violation of this chapter is a misdemeanor, punishable by up to 180 days in the County Jail, a fine of up to $1,000.00, or both.

(Ord. No. 25-008, § 1, 4-22-2025)

A. Notwithstanding any other provision in Chapter 6.27 of the Fresno Ordinance Code, it shall be a defense to any criminal or civil enforcement of this Chapter, if, at the time of the alleged violation of Sections 6.27.030, 6.27.040 or 6.27.050 of this Chapter, the person alleged to have violated these sections possesses a valid business license for one of the types of commercial activities listed in Sections 6.27.030, 6.27.040 or 6.27.050, or other valid state or local business license which would render the activity prohibited by Sections 6.27.030, 6.27.040 or 6.27.050 a legal and legitimate commercial activity.

B. Notwithstanding any other provision in Chapter 6.27 of the Fresno Ordinance Code, it shall be a defense to any criminal or civil enforcement of this Chapter, if, at the time of the alleged violation of Sections 6.27.030, 6.27.040 or 6.27.050 of this Chapter, the person alleged to have violated these sections possesses adequate written evidence of legal ownership of the scrap commercial grade copper or aluminum wire or cable that is the subject of the alleged violation.

C. Notwithstanding any other provision in Chapter 6.27 of the Fresno Ordinance Code, no citation shall be issued to, and no arrest made of, any person having in their possession at the time of the alleged violation of Sections 6.27.030, 6.27.040 or 6.27.050 of this Chapter, a business license as described in Subsection A, of this Section or adequate written evidence of ownership of the of the scrap commercial grade copper or aluminum wire or cable that is the subject of the alleged violation as described in Subsection B, of this Section.

D. Any person who presents, shows or uses false, counterfeit or fraudulent written evidence of ownership of the scrap commercial grade copper or aluminum wire or cable alleged to be the subject of a violation of Sections 6.27.030, 6.27.040 or 6.27.050 of this Chapter, in an attempt to prove ownership of those materials shall be guilty of a misdemeanor and subject to the criminal penalties provided in Section 6.27.060.

(Ord. No. 25-008, § 1, 4-22-2025)

A violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. 25-008, § 1, 4-22-2025)

A. Administrative Citations. Pursuant to Section 53069.4, of the California Government Code, a County code enforcement officer or Sheriff's deputy may issue an administrative citation to any person for a violation of this chapter occurring in the presence of the enforcement officer, or deputy, or upon the enforcement officer or deputy's reasonably reliable confirmation of a violation.

B. Administrative fine amounts. The fine amounts for any administrative citation issued under this chapter shall be:

1. Five hundred dollars ($500) for a first violation.

2. Seven hundred and fifty dollars ($750) for a second violation of this chapter within one year of the first violation.

3. One thousand dollars ($1,000) for each violation of the same ordinance within one year of the first violation.

Revenues received from citations issued pursuant to the chapter shall be deposited in the account of the county department which issued the citation.

C. Contents of the Administrative Citation. An administrative citation issued for a violation of this chapter shall contain the following information: (a) the date of the violation and any previous administrative citations for violation of this chapter issued with the proceeding one-year period; (b) a description of the violation; (c) a reasonably clear description of where the violation occurred or was confirmed to have occurred; and (d) evidence identifying the person receiving the administrative citation as the person responsible for the violation.

D. Service of citations. An administrative citation issued pursuant to this chapter shall be served on the responsible person as follows:

1. The enforcement officer or deputy Sheriff may personally serve the responsible person at any time. The enforcement officer or deputy Sheriff may obtain the signature of the responsible person on the administrative citation, which shall create a presumption of personal service. The lack of signature shall in no way affect the validity of the administrative citation.

2. Alternatively, or in addition to personally serving the administrative citation, the enforcement officer or deputy Sheriff may provide notice by mailing the administrative citation to the responsible person by first class mail, postage prepaid.

3. Alternatively, or in addition to, personally serving or mailing the administrative citation, an enforcement officer or deputy Sheriff may utilize any other means fairly and reasonably calculated to provide notice of the violation.

E. Effective date of service. Service of the administrative citation shall be effective on the date it was personally served, mailed, or otherwise delivered by the enforcement officer or deputy, regardless of when it is actually received by the responsible person.

F. Finality. Unless the responsible person properly requests a hearing to challenge an administrative citation issued pursuant to this chapter within 30 days of the date of issuance, the administrative citation shall constitute the final administrative order and the imposition of the administrative penalty shall become a final order.

(Ord. No. 25-008, § 1, 4-22-2025)

The procedures to appeal an administrative citation issued pursuant to this chapter are as follows:

A. Hearing Request. Any person issued an administrative citation for violation of this Chapter may contest the citation by requesting a hearing according to the procedures found in Section 1.13.170 of this code. A person financially unable to pay the administrative fine as provided in Section 1.13.170 may request an advance deposit hardship waiver as set forth in Section 1.13.180.

B. Hearing Officer. For hearings to challenge an administrative citations issued pursuant to this Chapter, the County Administrative Officer, or the designee thereof, in consultation with the Director of the enforcing department of the county, or the designee thereof, or the Sheriff-Coroner, or the designee thereof, shall appoint a hearing officer to preside over an administrative citation hearing that has been properly requested under the provisions of this chapter and this code.

C. Hearing Procedures. The procedures for a hearing to contest an administrative citation issued pursuant to this Chapter are the same as those procedures listed in Section 1.13.200 of this code.

D. Hearing Officer's Decision. A hearing officer appointed to hear a contest to an administrative citation issued pursuant to this Chapter shall follow the procedural requirements of Section 1.13.210 of this code.

E. Right to Judicial Review. Any person aggrieved by the decision of an administrative hearing officer in any hearing on an administrative citation under this Chapter, may obtain review of the administrative decision by filing a petition for review with the Fresno County Superior Court, in accordance with the timeline and other provisions set forth in Section 53069.4. in California Government Code.

F. The procedures of Sections 1.14.020—1.14.050 of this code are applicable to this chapter.

G. Recovery of Administrative Citations and Civil Penalties. The county may collect any past due administrative citation(s) or unpaid civil penalties, assessed, and issued pursuant to this Chapter, by use of any and all available legal means, including, without limitation, as a personal obligation or a lien recorded against any real property owned by the person(s) found to have violated this Chapter. County Counsel may bring a civil action in the name of the county to recover any past due administrative citation(s) or unpaid civil penalties and may enforce any judgment to collect any unpaid sum in the same manner as civil judgments.

(Ord. No. 25-008, § 1, 4-22-2025)

A. In addition to the remedies provided in this chapter, County Counsel may bring a civil action in a court of competent jurisdiction against any person found to have violated this Chapter. In the civil action, County Counsel may pursue all available remedies authorized by law and may seek to recover all Costs related to the action.

B. The court in which such a proceeding is heard may assess a civil penalty in amount not to exceed $1,000 for each separate violation of this chapter. In determining the amount of the civil penalty, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the fact of any past violations, and corrective action, if any taken by the violator.

(Ord. No. 25-008, § 1, 4-22-2025)

This chapter is not the exclusive regulation or penalty for acts prohibited hereby. It supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the County, state or any legal entity or agency having jurisdiction.

(Ord. No. 25-008, § 1, 4-22-2025)

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Board hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. 25-008, § 1, 4-22-2025)