§ 26-142. Restricted regulated metal property; exemptions.

(a)

A secondary metals recycler 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, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business, or entity owning the property and that the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or other entity owning the property (a secondary metals recycler 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 ninety (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 service wire, from a utility including copper or aluminum bus bars, connectors, and grounding plates or grounding wire.

(6)

A funeral marker or funeral vase.

(7)

An historical marker.

(8)

Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E-clip, or rail tie junction.

(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)

A copper, aluminum, or aluminum-copper condensing or evaporator coil, including its tubing or rods, from a heating or air conditioning unit (excluding coils from window air conditioning units and automobiles).

(11)

An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts.

(12)

Stainless steel beer kegs.

(13)

A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of a vehicle.

(14)

Metallic wire that was burned in whole or in part to remove insulation.

(15)

Brass or bronze commercial valves or fittings, referred to as "FDC valves," that are commonly used on structures for access to water for the purpose of extinguishing fires.

(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 recycler may provide a check at the time of the purchase transaction, rather than mailing said check as required in section 26-141 of this article, if the seller is in one (1) of the following exempt categories:

(1)

Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-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 recycler;

(4)

Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler;

(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 recycler; or

(6)

A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business.

(Ord. No. 2010-16 , § 2, 12-7-10)