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HomeMy WebLinkAboutG63-12 Ordinance No. G63-12 • AN ORDINANCE AMENDING CHAPTER 6.44 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RECYCLABLE METAL DEALERS" WHEREAS, 65 ILCS 5/11-42-3 provides that the corporate authorities of each municipality may license, tax, locate and regulate all places of business of dealers in junk; dismantled or wrecked motor vehicles or parts thereof, rags and any second-hand article whatsoever; and WHEREAS, the City of Elgin is a home-rule unit; and WHEREAS, pursuant to Article 7, Section 6 of the Constitution of the State of Illinois; the City of Elgin, as a home-rule unit, may exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and to license; and WHEREAS, the regulation of recyclable metal dealers through licensing and other regulations, is necessary to deter and detect crime; and WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering stolen property relates to the protection of the public health, safety, morals and welfare and pertains to the government and affairs of the City of Elgin; and WHEREAS, the city council of the City of Elgin has determined that it is necessary and desirable to amend the regulations regarding recyclable metal dealers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.44.010 of the Elgin Municipal Code, 1976, as amended; entitled "Definitions" be and is hereby further amended by adding to the listing of definitions therein the additional definitions as follows: "INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually identifiable by a serial number; or other applied numbers, letters, characters or markings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article." "RECYCLABLE METAL: Any manufactured metal articles or parts that have been discarded and are useful only as material for reprocessing or recycling, irrespective of form or quantity, except that "recyclable metal" does not include: • a) items designed to contain, or to be used in the preparation of beverages or food for human consumption; b) gold, silver, platinum, and other precious metals used in jewelry; or c) vehicles,junk vehicles, vehicle cowls, or essential vehicle parts." Section 2. That Section 6.44.020 of the Elgin Municipal Code, 1976, as amended, entitled "License Required" be and is hereby further amended to read as follows: "No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall operate or permit to be operated a recyclable metal dealership without first having obtained a license from the city to do so. The license fee shall be due and payable on or before February 1 of each year. The requisite fee shall accompany all original or renewal applications. Such licenses shall expire on January 31 of the following year. Failure or neglect to pay the requisite license fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be." Section 3. That Section 6.44.120 of the Elgin Municipal Code, 1976, as amended, entitled "Records of Purchases" be and is hereby further amended to read as follows: "6.44.120: RECORDS OF TRANSACTIONS: Throughout the term of the license, every recyclable metal dealer shall report/upload to LeadsOnline, or the city's current electronic reporting system, the below listed information for each and every transaction conducted during each • day they were open for business by the end of that business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought in to a recyclable metal dealer for sale by an individual (seller) at the same time and date. Articles brought into a recyclable metal dealer by an individual (seller) for sale at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. A. Transactions involving individually identifiable articles. 1. Purchases/receipts by licensees. Each individually identifiable article brought in to a recyclable metal dealer by an individual (seller) for sale during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following: a. Type of article b. Brand name/make/manufacturer (if applicable). c. Model number (if applicable). • d. Serial number (if applicable). - 2 - e. Color/finish. • f. Any other identifying marks, writing, engraving, etc. 2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics. 3. A photographic or scanned image of a photo ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. If the individually identifiable article is brought by motor vehicle to a licensee for sale, the make, model, color, and license plate number of that vehicle shall be recorded/reported. 5. The date and time of the transaction. 6. A signed statement of the person from whom the property was • obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. B. Transactions involving non-individually identifiable articles. 1. Non-individually identifiable articles may be recorded/reported in bulk, but must specify the weight, type (e.g., steel, copper, aluminum, etc.) and form (e.g. sheet, pipe, wire, etc.) of the bulk material. 2. Each different type and form of non-individually identifiable articles brought in to a recyclable metal dealer by an individual for sale during a transaction shall be associated with the person who brought the material in. 3. A photographic or scanned image of a photo ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. If the non-individually identifiable article is brought by motor • vehicle to a licensee for sale, the make, model, color, and license plate number of that vehicle shall be recorded/reported. • 5. A digital photograph or, if the licensee has a video system, video segment of each individual type & form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the city's current electronic reporting system. 6. The date and time of the transaction. 7. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non- operation, be required to keep written records of any and all transactions made during the period of malfunction or non-operation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the city's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed." Section 4. That Section 6.44.130 of the Elgin Municipal Code, 1976, as amended, • entitled "Prohibited Purchases" be and is hereby further amended by amending subparagraph C thereof to read as follows: "C. Where the seller fails to present at least one form of approved identification that contains the seller's full legal name, residence address and a photograph, as required in subsection 6.44.120 of this chapter." Section 5. That Section 6.44.130 of the Elgin Municipal Code, 1976, as amended; entitled "Prohibited Purchases" be and is hereby further amended by amending subparagraph F thereof to read as follows: "F. Except as provided below, a recyclable metal dealer shall not purchase or attempt to purchase the following types of recyclable metal: 1. Recyclable metal marked with the initials of an electrical; telephone, cable or other public utility. 2. Utility access covers. 3. Streetlight poles and fixtures. 4. Road and bridge guardrails. • 5. Highway or street signs._ • 6. Water meter covers. 7. Traffic directional and control signs. 8. Traffic light signals. 9. Any recyclable metal visibly marked or painted with a name of a governmental agency, business, company or the name of the owner of such metal. 10. Property owned by a telephone company, a cable, electric, water or other utility or by a railroad and marked or otherwise identified as such. 11. Unused and undamaged historical markers or grave markers and vases." Section 6. That Section 6.44.140 of the Elgin Municipal Code; 1976, as amended; entitled "Reports To Chief of Police" be and is hereby further amended to read as follows: "6.44.140: ELECTRONIC REPORTING OF TRANSACTIONS: • A. The Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect recyclable metal dealers and members of the general public. In the event of a change to its electronic reporting system, the city will notify all impacted licensees of the change within a reasonable time prior to such change. B. Every recyclable metal dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic reporting requirements described in this article. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this article. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings under Section 6.44.190 of this ordinance. C. No recyclable metal dealer shall be required to furnish such description of any recyclable metals purchased by the recyclable metal dealer from • manufacturers; other retailers or wholesale dealers having an established - 5 - place of business, or of any recyclable metal purchased at open sale, or • from a bankrupt stock. Such recyclable metal purchases must be accompanied by a bill of sale or other evidence of open and legitimate purchase and shall at all times during the licensee's business hours be open to the inspection of members of the city's police department." Section 7. That Section 6.44.160 of the Elgin Municipal Code, 1976, as amended; entitled "Waiting Period" be and is hereby further amended to read as follows: "No recyclable metal dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of, any individually identifiable article within three (3) days of time of purchasing or receiving the same. For the purposes of this section only, an individually identifiable article shall not include household appliances with the exception of air-conditioning units. There shall be no waiting period for non-individually identifiable articles." Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 9. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. ��4,4z 71,4 A.;A, • David . Kapt i , Ma r Presented: October 24, 2012 Passed: October 24, 2012 Omnibus Vote: Yeas: 7 Nays: 0 ` Recorded: October 24, 2012 FOA"�s Published: October 26, 2012 : :. Attest: Kimberly Dewis, City Clerk • - 6 -