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HomeMy WebLinkAbout11-025ORDINANCE NO. 11-025 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, RELATING TO SECONDARY METALS RECYCLERS; CREATING A NEW ARTICLE IV IN CHAPTER 1-18 "SHERIFF" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY CREATING SECTIONS 1-18- 31THROUGH 1-18-36 ENTITLED "SECONDARY METALS RECYCLERS"; PROVIDING DEFINITIONS; PROVIDING FOR LIMITATIONS ON CASH TRANSACTIONS FOR CERTAIN RESTRICTED REGULATED METALS; PROVIDING A LIST OF RESTRICTED REGULATED METALS; REQUIRING ADDITIONALOWNERSHIP DATA BE PRESENTED IN A SALE OF RESTRICTED REGULATED METALS; PROVIDING FOR INFORMATION SHARING; REQUIRING ELECTRONIC TRANSACTION RECORD OF ALL PURCHASES; REQUIRING THE SECONDARY METALS RECYCLER TO MAINTAIN OR HAVE IMMEDIATE ACCESS TO A FACSIMILE OR SIMILAR EQUIPMENT; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, increasing worldwide demand for metals and the associated rising price of metals have contributed to increased criminal activity in areas such as theft of copper wiring from construction sites, underground telecommunication wires, utility wires, air conditioning units, and beer kegs; and WHEREAS, law enforcement officials have indicated that increased criminal activity relating to theft of secondary metal and secondary metal products such as those described above are impacting the public health, safety and welfare of the residents of St. Lucie County; and WHEREAS, in 2008 the state law took effect that had goals of reducing secondary metal theft and increasing the penalties for violation of the state law (Chapter 2008-69, Laws of Florida); and WHEREAS, law enforcement in St. Lucie County has identified areas in the law where additional regulation will be helpful to curb theft of secondary metals in St. Lucie County; and WHEREAS, St. Lucie County, law enforcement, secondary metals recyclers, and other interested persons should find a way to share information, cooperate, and move forward collectively in an effort to further reduce secondary metal theft locally; and WHEREAS, the state has a specific goal of increasing recycling and that recycling secondary materials is a vital part of preserving our state's environment; and WHEREAS, under its home rule authority, St. Lucie County can pass additional legislation to further regulate the secondary metals recycling industry, which is regulated at Part II, Chapter 538, Florida Statutes, as long as those additional regulations are not preempted in the law and are not inconsistent with the statutory provisions. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section I. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Anew Article IV, Chapter 1-18, St. Lucie County Code of Ordinances, is hereby created to read as follows: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT s:\Am\oROnvnnlcES\zou\u-ozs.Wpd _1_ SAINT LUCIE COUNTY FILE # 3646854 11/15/2011 at 03:22 PM OR BOOK 3339 PAGE 628 - 633 Doc Type: ORDN RECORDING: $52.50 CHAPTER 1-18, ARTICLE IV SECONDARY METALS RECYCLERS Sec.1-18-31. Definitions A. Ferrous Metals means any metals containing sisnificant quantities of iron or steel. B. Fixed Location means any site occupied by a secondary metals recvcler as owner of the site or as lessee of the site under a lease or other rental agreement providinP for occupation of the site by the secondary metals recvcler for a total duration or not less than 364 days. C. Money means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. D. Nonferrous Metals means metals not containins significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excludins precious metals subject to regulation under Part I, Chapter 538, Florida Statutes. E. Purchase Transaction means a transaction in which a secondary metals recvcler gives consideration for regulated metals property. F. Requlated Metals Property means any item composed primarily of any nonferrous metals, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers. For purposes of enforcement under this ordinance, the term shall also include stainless steel beer kegs. G. Restricted Requlated Metal Property means the specific regulated metal items that are listed in section 1-18-33 of this Code. H. SecondaryMeta/sRecyc/ershall havethe meaningascribed insubsection 538.18(8), Florida Statutes, as may be amended from time to time. I. Seller means the person from whom the regulated metal property is acquired. J. Utility means any person, firm, corporation, association, or political subdivision, whether private municipal, county. or cooperative, which is engaged in the sale, generation, provision, or delivery of gas, electricity heat. water. oil. sewer service. teleahone service. teleeraoh service. radio service. or telecommunication service. Sec. 1-18-32 Limitations on Cash Transactions A. A secondary metals recvcler shall not enter into any cash transaction for purchase of any restricted regulated metals property listed in section 1-18-33 of this Code. B. Payment by a secondary metals recyclerforthe purchase of restricted reeulated metal property shall be made by check issued to the Seller and payable to the Seller or by electronic payment to the Seller's bank account or to the Seller's employer's bank account. C. Eachcheckforpaymentshallbemailedbythesecondarymetalsrecyclerdirectlytothecurrentstreet address of the Seller which is on file with the secondary metals recvcler unless otherwise provided in this Article. Payment shall not be mailed to a post office box. Electronic payments shall be sent to a bank account for which the Seller is listed as an account holder or an employee or went thereof. S:\ATTY\ORDINANCES\2011\11-025.wpd -2- D. Each check or electronic payment shall be mailed or electronically transferred by the secondary metals recvcler to the Seller within three (3) business days of the purchase transaction unless otherwise provided in this Article. Sec. 1-18-33. Restricted Regulated Metal Property; Exemptions. A. A secondary metals recvcler shall not purchase any of the following items of restricted regulated metal property without obtaining reasonable proof that the Seller owns the property (such as a receipt or bill of sale) or reasonable proof that the Seller is an employee, anent, or contractor of a governmental entity, utility company. cemetery railroad, manufacturer, or other entity, owning the property (a secondary metals recvcler may retain on file an official document on the letterhead of the entity, indicating that the Seller is authorized to sell the item of regulated metal property however, such a letter must be dated within 90 days of the transaction): 1. A manhole cover. 2. An electric light pole or other utility structure and its fixtures, wires, and hardware which are readily identifiable as coming from the utility structure. 3. A guard rail. 4. A street sign, traffic sign, or traffic signal and its fixtures and hardware. 5. Communication, transmission, distribution, and servicewire, from a utility includingcopper or aluminum bus bars, connectors, and grounding plates or grounding wire. 6. A funeral/grave marker or funeral vase. 7. A historical marker. 8. Railroad equipment, including, but not limited to a tire plate, signal house, control box, switch plate, E clip, or rail tie function. 9. Any metal item that is observably marked upon reasonable inspection with any form of the name, initials, or logo of a governmental entity. utility company, cemetery, or railroad. 10. Acopper,aluminum,oraluminum-coppercondensingorevaporatorcoil,includingitstubing or rods, from a heating or air conditioning unit (excluding coils from window air conditioning units and automobiles). forklifts. of a vehicle. 11. An aluminum or stainless steel container or bottle desiened to hold orooane for fuelin 12. Stainless steel beer kegs. 13. A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part 14. Metallic wire that was burned in whole or in Hart to remove insulation. 15. Brass or bronze commercial valvesorfittings,referredtoas"FDCvalves,"that arecommonly used on structures for access to water for the purpose of extinguishing fires. S:\ATTY\ORDINANCES\2011\11-025.wpd -3- 16. Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures. 17. A shopping cart. B. Exemptions. The secondary metals recvcler may provide a check at the time of the purchase transaction rather than mailing said check as required in subsection 1-18-32 of this Article, if the Seller is in one of the following exempt categories: 1. Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, orschool-sponsored organizations or associations, or from any nonprofit corporation or association; 2. A law enforcement officer acting in an official capacity; 3. A trustee in bankruptcy. executor, administrator, or receiver who has presented proof of such status to the secondary metals recvcler; 4. Any public official acting under judicial process or authoritywho has presented proof ofsuch status to the secondary metals recvcler; or 5. A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary metals recvcler; or 6. Amanufacturing,industrial, or other commercial vendor that generates regulated materials in the ordinary course of business. Sec. 1-18-34. Electronic Transaction Records Required. A. All secondary metals recyclers shall maintain a legible electronic record, in the English language, of all purchase transactions involving regulated metal property and restricted regulated metal property to which such secondary metals recvcler is a party. Such electronic format will be the Leads Online software or such software as is otherwise designated in writing by the St. Lucie County Sheriff's Office. It shall be the responsibility of the individual secondary metal recvcler, or any employee thereof, to obtain the most current data specifications of the designated electronic format. B. ThefollowinginformationshallbemaintainedandtransmittedtotheSt.LucieCountySheriff'sOffice in the specified electronic data format described in subsection A., above: 1. The name and address of the secondary metals recvcler; 2. The name, initials, or other identification of the individual entering the information regarding the transaction; 3. The date and time of the transaction; 4. The weight, quantity. or volume and a description of the type of regulated metals property purchased in a purchase transaction; S:\ATTI'\ORDINANCES\2011\11-025.wpd -4- 5. Photo of items; 6. The distinctive number from the personal identification card of the seller; 7. A description of the Seller including: a. Full name, current residential address, workplace, and home and work phone numbers; b. Height, weight, date of birth, gender, hair color, eve color, and any other identifying marks; c. A vehicle description to include the make, model, and tag number of the vehicle and trailer of the Seller of the regulated metals property; and d. Any other information required by the form approved by the Florida Department of Law Enforcement and as specified in section 538.19, Florida Statutes, except the amount of consideration given in the purchase transaction. C. Such information shall be electronically transmitted for the previous day's business to the St. Lucie County Sheriff's Office by 10 a.m. on each day the secondary metals recvcler is open for business. D. A secondary metals recvcler shall maintain or cause to be maintained the information required by this section for not less than five (5) years from the date of purchase transaction. E. If the purchase transaction involves the transfer of regulated metals property from a) a secondary metals recvcler registered with the State or b) an exempt seller under section 1-18-33 B. of this Code to a secondary metals recvcler registered with the State, the secondary metals recvcler receiving the regulated metals property shall record the Seller's business name and address and the name of the Seller's business representative or Seller's point of contact in lieu of the requirements listed in paragraph 6 above. Sec. 1-18-35. Facsimile, Telecopier, or Similar Equipment Required. A secondary metals recvcler shall maintain at its place of business, or otherwise have immediate access to, a facsimile, telecopier, or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated metal property may be expeditiously received from the St. Lucie County Sheriff's Office. The equipment shall be operable at all times during the usual and customary business hours of the secondary metals recvcler. The secondary metals recvcler shall maintain the facsimile number or other access number of the equipment on file with the Sheriff and shall notify the Sheriff within 24 hours of any change in the number. Sec.1-18-36. Penalty. Whoever violates this Article shall be punished by a fine not to exceed 5500.00 or by imprisonment not to exceed 60 days or by both. Section 3. EFFECTIVE DATE Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective on March 1, 2012. S:\ATTV\OR D I NANCES\2011\11-025.wpd -5- Section 4. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 5. SEVERABILITY AND APPLICABILITY It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause or provision of this Ordinance be held invalid, the remainder of the Ordinance shall not be affected. This ordinance shall be applicable in the unincorporated areas of St. Lucie County. Section 6. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadvosky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Section 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this ~ day of ! ~'~7~~~'~' ~ti- 2011./ ~ ,~, BOAR F CO TY C MI TONERS , ATT T! ST. CIE C TY LOR A ~_,_ Deputy , fi~C ~ Chair n ~'~ '~ - APPROVE TO FORM AND ' CORRECTNES '~ 5\. BY: l'. ounty Attorngy ; ~ ~ ,~ S:\ATTY\ORDI NANCES\2011\11-025. wpd -6- RICK SCOTT Governor November 16, 2011 .FLORIDA DEPARTMENT Of STATE ------, DIVISION OF LIBRARY AND INFORMATION SERVICES Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated November 9, 2011 and certified copy of St. Lucie County Ordinance No. 11-025, which was filed in this office on November 15, 2011. Sincerely, J ~'_~' •C,"L Liz Cloud Program Administrator LC/srd VIYp fIORIDASBU. R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: 850.245.6600 Facsimile: 850.245.6282 http://info.florida.gov Commemorating S00 years of Florida history www.fla500.com .-1` Viva ~LORIDA5D0_