Fresno Municipal Code Art. 36 Commercial Scrap Metal

1. "Commercial grade" means copper or aluminum wire or cable with a diameter of .15 inches or greater, exclusive of any sheathing or coating, or telecommunications cable with 50 or more pairs of conductors in a single cable.

2. "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.

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

(Added Ord. 2025-010, § 1, eff. 6-5-25).

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 pounds 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 City 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 the Fresno County 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, or to the agents or employees of those entities.

(Added Ord. 2025-010, § 1, eff. 6-5-25).

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 the Fresno County 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, or to the agents or employees of those entities.

(Added Ord. 2025-010, § 1, eff. 6-5-25).

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 any county or county equivalent, related to construction, repair, demolition, junk dealing, or flea market operation, or 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, or to the agents or employees of those entities.

(Added Ord. 2025-010, § 1, eff. 6-5-25).

(a) A criminal citation for violation of this article may be issued as provided under Section 1-304 and Section 1-305. The City Attorney is also authorized to refer felony violations of the law to either the Fresno County District Attorney's Office or the California Department of Justice.

(b) An administrative citation for violation of this article may be issued as provided under Section 1-308.

(c) Any violation of this article is a misdemeanor, punishable by up to one year in a county jail and a fine of up to one thousand dollars ($1,000), plus an additional fine equal to the reasonable cost of repairing or replacing the pillaged property. Except as prohibited Penal Code section 654, or by other state law, each subdivision of this section is a separate and complete offense.

(d) The administrative citation penalty for each and every violation of this article shall be one thousand dollars ($1,000) per 20 feet of aluminum or copper components.

(e) Any property upon which a violation of this article is found shall be subject to immediate abatement by the city.

(f) In addition to any administrative penalty assessed for violation of this article, any person found in violation of this article will be charged abatement, actual, administrative and enforcement costs as defined in Section 1-503, calculated to recover the total costs incurred by the City in enforcing this article, pursuant to Article 5.

(Added Ord. 2025-010, § 1, eff. 6-5-25).

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

(Added Ord. 2025-010, § 1, eff. 6-5-25).

This section supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, state or any legal entity or agency having jurisdiction.

(Added Ord. 2025-010, § 1, eff. 6-5-25).

If any portion of this section 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 section. The Council hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Added Ord. 2025-010, § 1, eff. 6-5-25).