G63-12 Ordinance No. G63-12
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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).
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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
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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
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