HomeMy WebLinkAbout029359 ORD - 01/24/2012ORDINANCE
AMENDING CHAPTER 26, CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, METAL RECYCLERS, BY REVISING SEVERAL SECTIONS IN
SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE
OFFENSES AND PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police
power to enact ordinances to protect the health, safety, and general welfare of its citizens;
WHEREAS, the City of Corpus Christi finds that establishing a policy to regulate sales of scrap
metal will provide for a more safe, secure, and aesthetic environment for the citizens and the
City;
WHEREAS, the Council finds that, in order to promote the public health, safety, and welfare of
the citizens of this City, sales of scrap metal should be regulated as defined below in the City of
Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Chapter 26, Code of Ordinances is revised to read as follows:
Sec. 26-1. Definitions.
,As used in this chapter, the following terms shall have the meanings ascribed
to them in this section
junk: Any worn out or discarded material that no longer -Gen Geri
i�- ro - ...., .:',.. .., ., ..... .. .. .. ,,.,,. .... ..... ... ............ .....:
[Which it was originally intended.
Metal recycling entity means any business or erg sora thaturchases or:,
:otherwise acquires regulated metal regulated macr
terials, or other sap metal for the
�,x.�..........
eventual use of the materials or the other metals for manufacturing or resale purposes.1
.lReulated inetal(s) means:i
A Manhole covers
B guardrailsil
1
029359
INDEXED
C._ Metal cylinders designed to contain corn ressed air oxygen,'gases; or li uids 1
ID.
Beer keds made from metal bother than alum num
E Historical markers or cemetery vases, receptacles, or memorials made from metal
(other than aluminum ;I
F. Unused rebar;
G. Street signs;,
H Drain gates,1
I.
Safes:J
J. Communication, transmission and service wire or cable
.m. ww,w..�.,�..w.H.....w...,.�..wu��,.
K. Condensing or evaporator coils for central heating or air conditioning units}
L. mUtility strUctures,including. the fixtures and hardware
M Aluminum of stainless steelcontainers designed to hold propane for fueling
:forklifts;:
N Metal railroad evibment, Xncludin plates, signal'houses control boxes signs
signals traffic devices, traffic control devices, traffic_ ,controlsignais switch
plates, e clips, and railtie functions
O Catal is caiiverters not attached to a vehicle`:
P Fuc hdiantsmetal bleachers or other seatinfacilities used in recteational areas
or sporting arenas;;
Any tnetal clearly and conspicuously marked with any form of the name, iin.itials
ormlogo of a governmental entity cemetery, or railroad::
R Any wire that has been burned in whole or in part to remove the insulattom
S. Backflow, valves
T. Metal in the form of commonly recognized lirbanetS of the industrial metal
reczclingz cess, includm bales,` briquettes, billets sows ingots,pucks, and
chopped or shredded materials, or other similar materials;:.
U New items of regulated material in its oriinal,packaging, unless accomlanied
receipts ofpurchase and
2
U Welding leads:'
g Re fated material includes the following sera items as the have bees
[defined under the Teras_ Occupations Code Chapter 1956c=
aluminum materials;
b)T bronze inaterialJ
c); copper or brass material
:4J red
fated metal
Clear thumbprint. impression means an intentional recording of the friction
ridgedetail on the volar pads of the thumb
Real time electronic web -based database means an electromc fi1hn s stern u
which data is organized by fields and records and that is capable of transmitting
a file or responding to input immediately via the internet'1
Scra meta] means a direc?roduct orproduct of any- forM-Ofii'ina-n-u-faCin're-d41
'
shaped or.processecl iron, steel, alum1nu#n brass copper, ,lead, tui, zoic or mm mm
vther-nonferrous metallic material.[
IUsed means any items, goods, products, wares, chattels, or articles of any sort
'which havreviauslybeen owned by someone other than the manufacturer or
dealer whose business it is to .sell such items goods, products wares chattels :
mmr articles when new to the consumer.
[City keyword means words that best describe the material being purchased
,such as, but not limited to: tubing, wire, valves, catalytic converter, coil;;
-q
comprressor, electric motor, safe; cable `fire hydrant, railroad equi ment L
ndustrial metal street sin drain ate ceineter •roduct ardrail com.resse
cylinder, keg; historical marker, rebar
Sec 26'2 cI- Application and issuance or refusal of peanut/heense.
All 2ersoii : now engaged or hereafter-enga ed in the business• ofb
person may not operate as a scrap metal recyclin entity or purchase
e elated metals regulated materials, or scrap metal without,a permit issued under
this article.:
3
person must obtain a'separate emit for each metal.reg entit
location1
.
The `chief ofkolice or his designee shall issue license tOi a metal reeyclm
entity after receipt of an application form providedfor that purpose On the
application lithe applicant shall set forth:
(1) The fill name and residential address ofthe applicant
(2 A statement indicatin whether the applicarat isa citizen of the Urtitedi
States or an alien legally residing in the United. States 3
(3) Th plicarn , social security number or busmess(es) federal tat
'identificationnumber;
(4) The full name and address of each partner if the applicant isMm
partnership:,
where the business is' to be conducted
and
of his
owrtersh of their ate �o�rt or a written tat t 1 d th
(5)
The fixed location
i iv n en's emen inc u itg e
n., h address
panne, address; and telehane number of theroerty owner or authorize
.went gran
3wx n,..,..�.,u.8-.,..,,.n,M, s„a,xoua wR«e u,.ca.,wwc
_ _ his busxness will be m oeratnon 1f theroerty o per is a
a artnershi c or eo 6 Drano} he statement shall include t e name
.and telephone:number ofone of the part p
d pernussion for operation of to business at the
ro '` osed
aocatior where
Hers or one of the rinci als rio
to issuance of any licenseY
(6) A copy uof the certificate ofoccupancyar the business location~
(7) The reg'ulardays snd hours of operatior
($) The app icarit's date of birth, place of hirt14
(9) A statement ofwhether the'indivrdual applicant, an partner in at
artnershn
Of14:y officer or director ofa co oration has been arrestedi
charged.r or convicted for an: .crimxnal offense. in this.. state or ani of m
state or country lfhe has been arrested or galled for ani such offense, he
shall set out the Offense for which he was arrested .ailed, or. zmprnsoned
the dateof the arrest or confinement, and they lace
(10) MA registration certificate for the business entity from the Secretary of
:State, nfmrenstrations required bylaw;
4
(11T'roof of registration with the Deartrent of Public Safety as a metal
ecycii grentety
(12) The signature of the alicant;
(13) A sworn and notarized statement that all matters stated in the applicatiorj
are true and correct
(14) Evidence that he iS at least 1 dears of ale b resentatioi of val d
identificatonmm.m ncm.mud..m�nga photojraph showrn the face`
the form of:of the a lie nt,'ir
(a) A current driver's license from Texas or another state within the
UnitedStates;;
(b} An identification card Issued b� the Texas Department ofPublic
(Safety; oil
(c5 A United States militarx identification Card -4
The chief of olice`or his desr nee shall review anduapprove the application and
issue a license unless he frrids'
(1) The information provided in the application is incomplete;.
materially fall r incorrect or the aplicant has faailed
mateyrial way to comply with this article and applicable rules •and:
ke labors and;
(2) (The tit has hada license revoked uring.the preceding
ne ear eriod
Sec. 26 -3. Performance bond required.1
No j3ermit required by this chapter ahall be issued to any junk doalotte-d
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w�wsxeiiw ww .Aw»,.. _.win;
the surra of five hundreddollars'($500:
with -a solvent sure comhor�c
Prior to receiving a certificate of re stration each metal recycling entice shall
file erformance bond in the enal amount often.thousand dollars $1:�,QQQ'OQ with
the chief of Malice, sue bond to benaproved by the city attorney No bond shallwb
approved unless it is,With a surety. company, qualified todo business in.'the State -
5
rTexas:..The;re uired bond shall be in favor ofthe Git of Co us Christi for the use: of
the city and anverson whoave' a cause ofaction a' ainst'the abhor ofsatd
bond under the provisions of this article The bond shall be conditioned that th
obligor will comply,with the provisions of thus chapter and all other applicable laws
statues and ordmances, and will's a to the city and t sucherson any and
amounts ofrnoney that m�become due or owmgto the city or such
, person from said,
obligorWunder the provisions ofthis article:
Sec 26..:4 ....R , License, fees:;
The license"fee fax a metal regoling entity within the city shall be Five
Nvi ke[eN kK -.
Hundred Dollars $500 00 ever: two ears, '` a able rior'to the issuance of th
Iitense Such license, unless revolted asovided herein shall be valid foi• two years
I£rorn the date of issuance and shall be subjeet to renewal ever two ears,•
Sec. 2b 5 . records
khc ago•of of htecn (18) years€
(a) AA metal reexe m entit es m this city sha11 forward all dai transactions!
of regulated metal electronically before the close of each business day on
*hi h the meta:"ret cliii!entit :iso •ei £or bi siness Metal.rec chin;{
entities shall be exempt from reporting wire smaller then 6 gauge,
tele hot e wire, ethernet and rome c electronical y All transactions shall
be forwarded the website•www:leadsonline;com otan other real time
electroiucweb-based database aroved'b thechief of police and
maintained by the Conus Christi Police Department in which 416:S . all]
cuter daily, m English,.a full descriptionrofeach transaction in which
6
ratedsmetal is eurchased or otherwise received at his place ofbusiness
:Such description shall include
(1) The date and time of receipt of any item;'
,(2) The full name and current address ofthe person;,
ro) Verified evidence that theperson transferrinE, ort
otherwise giving the items is. at least: l $years of aje b
presentation of valid identification.includrn. a foto a h of the
!face ofperson transferring, sellm.g or otherwise giving the item
�xm
lin the form of
a A current;driver's license from Texas or another state withut
theUnited-States
,,
(b) SAn identification card issued by the Texas Department off'
Public -Safety; or
(c) A UnitedStates identification card:]
kh9 A description of the motor vehicle and/or trader or other mode of
transportation in or on which each iteni received was earned to
,delivered or transported to the metal recclintity, include
Estate and license date numberif applicable;
The individual transaction number assigned b the: licensee to
leach item received4i
k(6) A ei keyword description ol; the items received, th
1transaction including Wei t, material serial number or mode
number if readily available, and any Other descriptions
!customarily employed m the sale and purchase of such sterns
0,1A d ita otograph or video to enable them identification of each
tent: received .1
A clear thunbprnt rmress�nn'(wh�ch may be eectronic) ofthe
person from.whom eaclitern is received, which shall be
aaxa:e xw;yx..t
Fe*eluded from the requirement for electronic transmrss'on buv
hick shall' be ma eta ed by the metal ree cin nth :for not
Iess'then twoyears and made available to any peace officer
accordance with rules promuliated by the chief of police foil
ladmi ns.tration of this art'icle's
(9) The;name'or,em 12ee .nuniber Of. em 10 ee'Who facilitates
pr conducts the transaction;
LPehee Restrictions on the purchase of regulated metal property
shall be at all times subject to inspection by the chief ofpolice or other officer
A11 metal recycling entitles shall keep an accurate:.co v or record ofreceiptI
obtained which shall be retained fora period of not less than two (2) years
Photographs or scanned copies of the original receipts obtained will be acceptable for
the retentionurposes
All .vides recordsof�urchaes?of regulated metals will be 7.7 maintained' for a
..�. _._
period of dafter the datemoftraiisactiorw
All digital photos ofurehases of regulated metals will be maintained for a
petiodbfiSli'days.after,fhedate of transaction._providin photos have been up1oaded,
t4 Leadsonlino
A metal rec c1m entitW shall conduct .11 'urcha e transactions onl betwee`'
the hours of7 00 a m and 6 00 p mon regular days oto eration m.m,rm .. , µ µ mITF
lA rnetalrec lin iti llt shanojurchase an r item of re ulatecl metal from a
erson who does not deliver theitemof regulated metal to cliii the metal rec entity's
place°mofbusmess in a mo o vehiel r m a trailer attached to a mentor vehncle.
A metal recycling entity shall not purchase any Of the following items;o
re •• lated metal without ob ainin + s roof that the seller owns the re ated Metal , suc
a recei'at• or b 1 of sale) or roofmthat the seller is an ern qee / ent, oil
contractor ofa overnmental entit unlit com ani cemeter l railroad,
manufacturer, or other person business, or entity awnin�;the regulated metal':and the
seller=is authonzed' to sell the item of related mrrietal on
behalf of the person
business or'entity owiiin the regulated metal:=
A funeral marker or• funeral vase;
2� . Any metal item that is marked with any form of the name: initials oil
100 ofaovernmental entit .utilitycompany cemetery rrailroad
Insulated utlitcommurications, or electrical wire of any size that has
been burned m whole ar, in art to remove the insulation unless: the seller can rovde
acc .'tabl doe entation as defined under the Texas Occupations Code chapter 1956
to the metal recycling entity documenting that the material was salvaged from a fire,
;Sec 26 7:
minors
Purchasing,or receiving goods from
It shall be unlawful for apt metal lege entity;to purchase or otherwise
receive.iti.the, course ofh s business an rtes ownershi s' of which is .claune'd b : an'
thitiot4..bf wl ieti #nay be. x the possession :'or under control of a minor, unless.;
1 11e only items offered for sale by tie nunor are alurmnum'cafis
77,7-77
Sec 26 5 Hold period for vurchased goods; ins777-7'-777:77 "777 pections by pohce; "peace office
requested holds
It h 11 be the dut of ever met 1 rec clln t' entit to lcee's each 'a urchase o
tated . metal :ea.sil retnevab1e m the form in which it.from was s urchased othei
t;aeehenekrwyrcef ewxe isretwhhhs�maie{txuaWad�trt/aern�nsKtxobht ceKeO rn�6wvar6 grace eudg,t eto, twbpetlwehp,a% ehslodn?¢,articleaeKeff so
eKwS'hKK iatrahYeeh@xo&t5btfl'mtaie
enet ancan
o'?bWm, ei`3�ft5uh �l:ftertheda+ tl h•e•wi..d.ewe.x...n..e...t..l.s.u.....s...ei..od...n...£�o.o..,i..f<
All invento ofan. re. " lated.metal ata metal recycl •entit shall at an
.. fece[&"i ag¢1a
Ititne4urit4 ordinary business hours beaccessible -for exanunation b an earn
officer 1~ atlure to corny with .anprovision of this seetion shalt be rounds forth
tevocatiair of or there :Salto pursue or renew any license requn`ecl of a metal
treyclinw entity:
etiever aolice officer has reasonable cause to believe that certartiterris
gym.
Eetydatect metal rn the iossession ofinetal re9yOhlit entity are stolen he may issue a
hold notrce:'The hold notice must:,
1l ldentifx the items o£re' ated metal alleged to be stolen and subeet to
hold and a police department offense number`s
9
2 A metal'rec chin entity: m not; for b( da is after thedateofreeeivnii.a t
old notice under this, section precess or iiemove from. the 1ac o£busitmess any
regulated metal identified m the hold nonce unless the regulated met is1
released sooner by a peace ofheer At the expiration of the hold periods the hold
'x,K
s automatics released, and the metal ree clip entity may di ose :of the
www
eglated metal_,
§pec. 26 tante of air condi an unit arts I
It shall be unlawful for any metal recchn entit torehase or receive any
central air conditio yin a is frOiliartyierson.::offorint.suchlroperty.forsale unless
M+` Kf KiwN mtiw Y- 9
that person, in addition to the other reporting` requirements of this ordinance
a resents pt a„ valid city -issued HVAC • ermit, a state issued
rofessional license a refrigerant tet urian certification, orother applicable
bertificatioti o
b)ipresents:s recut, bil•l of sale, oar other documentationshowung that. the
seller:µ urchased the coils the seller is attexn tmi7 to sell or; that the Selier r laced
central heatiri or air coiditionurig unit
the metal ret'F cling entit wrecord any of the documents that have' eet
rxill ..................�,..�.....,,..ww.,.. .....,.....�,.,...,,..�.,..,,...i,..e
listed above byphotocopymg or scanning -the documents
b. ellers of window air conditioning,it parts are tricot covered under this
section
ee16 10. Exeepions
This chapter doesnot apply to
urchase of regulated "metal from a public unlit
dustrial coinmereia1, rets or other • s ller that se zip
coutse of the seller's; business;
or a manufacturm ,
dated Material in the or
a urchase of re elated metal by a manufacturer whose primary business is the
manufacture of iron and steel products made from meltscrap iron andscrasteel,
any transactions between
ent
the transport or hauling of recyclable materials to or from the metal recycling
10
i a got an rro sion, rof
uni,habl a fine not to ezdeed flue undrei
!failure to. iecord, ti'r co " 1 Frith an
:erg en obt .wed b t
ea
rov Sie
� f
} zaeh�nd v
sohaot d:
•
erSh"`'.,cA1
SECTION 2. A person violating any term or provision of this article shall be subject to a fine
not to exceed $500.00 Fadi an+ every iittre to r���e °Ester or lttiit any`persth
to
thlichi ter ani a .ch d kqi - - -- Iiiiii urod :ib f i o o th 1
,d 1strttite a separate c ense
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect anv other section,_paragraph, subdivision, clause,
phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be
given full force and effect for its purpose.
SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
That the foregoing ordina
reading on this the 1-7
7
Joe Adame
Chris N. Adler
Larry Elizondo
Priscilla G. Leal
David Loeb
That the foregoing or
the ill- day of
Joe Adame
Chris N. Adler
Larry Elizondo
Priscilla G. Leal
David Loeb
was read for the first time and passed to its second
day of Ni , 2012, by the following vote:
John E. Marez
Nelda Martinez
Mark Scott
District 1 Representative is vacant
nance was read for the second time and passed finally on this
2012, by the following vote:
John E. Marez
Nelda Martinez
Mark Scott
aks
cult
District 1 Representative is vacant
PASSED AND APPROVED, this the Di ` day of
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: t 12411z.
By:
Carlos Valdez
for the City Attorney
, 2012.
Joe P4ame
Mayor
'x29959
IIPPECTIVEVATE
I/ 3011_
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5987410
PO #
Before me, the undersigned, a Notary Public, this day personally came KYLIE
SANCHEZ, who being first duly sworn, according to law, says that she is
LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and
San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF
ORD. NO. 029359 Ame which the annexed is a true copy, was inserted in the
Corpus Christi Caller -Times on the 1/30/2012, 1/30/2012.
$ 76.38
ITime(s)
LEGAL SAL REPRESENTIVE
On this 36 day ofJ%at-Luigi , 2 at 2J certify that the attached document
is a true and an exact copy made by . ublisher.
MICHELLE JOYCE CABRERA
My Commission Expires.
March 19, 2016
Notary Public, Staac's-xas
4E N. January 30, 2012 » CALLER -TIMES
calter o
Levi Notices 1110
NOTICE OF`
ll'ASSAGE_OF ORD.
NO;029359
mending ;Chapter
6, Code. of Ordi-
ances, City of
orpus Christi, Metal
ecyclerrs, `; by revis
g several'. sections
said article to pro-.'
tde for expanded
efinitions; `(pore of
rises and penalties.
his ord. was ap-
roved on Jan. 24,
otz.
Isf Armando Chapa.
City Secretary