ORDINANCE NO. 8734
AN ORDINANCE AMENDING THE SCRAP METAL DEALER REGISTRATION REQUIREMENTS WITHIN THE CORPORATE LIMITS OF THE CITY OF LAWRENCE, KANSAS; AMENDING SECTIONS 6-1802 AND 6-1805 OF CHAPTER 6, ARTICLE 18 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2011 EDITION AND AMENDMENTS THERETO.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Chapter 6, Article 18, Section 6-1802 of the Code of the City of Lawrence, Kansas 2011 edition and amendments thereto, is hereby amended to read as follows:
6-1802 SCRAP METAL DEALER REGISTRATION: REGISTRATION REQUIRED.
(A)
No person in this City shall purchase
any regulated scrap metal without having first registered as a scrap metal
dealer as herein provided.
(B) Violation of subsection (A) is a class A nonperson misdemeanor.
(C) The City shall provide the Chief of Police written notice of each scrap metal dealer registration within 10 (ten) days of registration or renewal.
(D) All applications for registration as a scrap metal dealer shall be verified upon a form approved by the attorney general, and shall contain the following information:
(1) the name and residential address of the applicant;
(2) the length of time that the applicant has resided within the state of Kansas and a list of all residences outside the state of Kansas during the previous 10 years;
(3) the address of the particular place of business for which a registration is desired;
(4) the name of the owner of the premises upon which the place of business is located; and
(5) any prior convictions within 10 years immediately preceding the date of making the application, for any of the following offenses:
a. theft;
b. theft of lost or mislaid property;
c. theft of services;
d. criminal deprivation of property;
e. or any other crime involving possession of stolen property.
(E) Each application for registration as a scrap metal dealer shall be accompanied by a registration fee of $400.
(F) The City Commission shall accept a registration for a scrap metal dealer from any applicant qualified as provided for herein and authorized by City zoning regulations to do business in the City. Such registration shall be issued for a period of 10 (ten) years.
(G)
If an original
registration is accepted, the City shall grant and issue renewals every ten
(10) years upon application of the registration holder in accordance with this
Article and upon payment of the application fee
of $400 plus the renewal fee of $50, provided that: the registration
holder remains qualified to receive the same; the registration has not been
revoked as provided by law; and the registration
holder pays the application and renewal fees as established by ordinance,
resolution, or as otherwise permitted.
(H) No registration issued under this Article shall be transferable.
(I) This Article shall not apply to vehicle dealers licensed under the provisions of K.S.A. 8-2404, and amendments thereto, unless such vehicle dealer buys or recycles regulated scrap metal that is not motor vehicle components
Section 2. Chapter 6, Article 18, Section 6-1805 of the Code of the City of Lawrence, Kansas 2011 edition and amendments thereto, is hereby amended to read as follows:
6-1805 SCRAP METAL SALES.
(A) Scrap Metal Sales; Requirements:
(1) It shall be unlawful for any person to sell any item or items of regulated scrap metal to a scrap metal dealer, or employee or agent of a dealer, in this City unless such person presents to such scrap metal dealer or employee or agent of a dealer, at or before the time of sale, the following information:
a. the seller's name, address, sex, and date of birth; and
b. the identifying number from the seller's driver's license, military identification card, passport or personal identification license. The identifying number from an official governmental document for a country other than the United States may be used to meet this requirement provided that a legible fingerprint is also obtained from the seller.
(2) Every scrap metal dealer shall keep a register in which the dealer, or employee or agent of the dealer, shall at the time of purchase or receipt of any item for which such information is required to be presented pursuant to subsection (1) above, accurately and legibly record at the time of sale the following information:
a. The time, date and place of
transaction;
b. the seller's name, address, sex, date of birth and the identifying number from the seller's driver's license, military identification card, passport or personal identification license (but if the identifying number is from an official governmental document from a country other than the United States, the dealer or agent must also obtain a fingerprint from the seller);
c. a copy of the identification card or document containing such identifying number;
d. the license number including state of issuance, color, make and model of any motor vehicle in or on which the regulated scrap metal property is transported or delivered for the purchase transaction;
e. a general description, made in accordance with the custom of the trade, of the predominant types of junk vehicle or other regulated scrap metal property purchased in the transaction;
f. the weight, quantity or volume, made in accordance with the custom of the trade, of the regulated scrap metal property purchased;
g. if a junk vehicle or vehicle part is being bought or sold, a description of the junk vehicle or vehicle part, including the make, model, color, vehicle identification number and serial number if applicable;
h. the amount of consideration given in a purchase transaction for the junk vehicle or other regulated scrap metal property; and
i. the name of the individual acting on behalf of the regulated scrap metal dealer in making the purchase.
(3) The scrap metal dealer's register, including copies of identification cards, may be kept in electronic format.
(4) Notwithstanding the foregoing, this subsection (A) shall not apply to:
a. transactions involving regulated scrap metal (except for catalytic converters) for which the total sale price for all regulated scrap metal is $50.00 or less;
b. transactions involving only catalytic converters for which the total sale price is $30.00 or less;
c. transactions in which the seller is also a scrap metal dealer; or
d. transactions for which the seller is known to the purchasing scrap metal dealer to be an established business that operates out of a fixed business location and that can reasonably be expected to generate regulated scrap metal.
(5) The exceptions contained in subsections (4)(a) and (4)(b) shall not apply to any purchase from any seller of the following materials:
a. catalytic converters
purchased separate from a vehicle;
b. coated or insulated wire or stripped wire or burnt wire;
c. refrigeration condensing units or air conditioning coils of any type; or copper tubing, bars, plate, buss bar and sheet copper.
(6) It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to pay for any of the items described in subsections (5)(a) through (d) by any means other than:
a. A prenumbered check drawn on a regular bank account in the name of the scrap metal dealer and with such check made payable to the person documented as the seller in accordance with subsection (A)(2); or
b. a system for automated cash or electronic payment distribution which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with subsection (A)(2).
(B) Scrap Metal Dealers; Requirements:
(1) It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase any item or items of regulated scrap metal in a transaction for which Section 6-1805 (A) requires information to be presented by the seller, without demanding and receiving from the seller that information. Every scrap metal dealer shall file and maintain a record of information obtained in compliance with the requirements in Section 6-1805 (A). All records kept in accordance with the provisions of this Section shall be open at all times to law enforcement officers and shall be kept for two years. If the required information is maintained in electronic format, the scrap metal dealer shall provide a printout of the information to law enforcement officers upon request.
(2) It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase any item or items of regulated scrap metal in a transaction for which Section 6-1805 (A) requires information to be presented by the seller, without obtaining from the seller a signed statement that: (1) each item is the seller's own personal property, is free of encumbrances and is not stolen; or (2) that the seller is acting for the owner and has permission to sell each item.
(3) It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase any junk vehicle in a transaction for which Section 6-1805 (A) requires information to be presented by the seller, without: (1) inspecting the vehicle offered for sale and recording the vehicle identification number; and (2) obtaining an appropriate vehicle title or bill of sale issued by a governmentally operated vehicle impound facility if the vehicle purchased has been impounded by such facility or agency.
(4) It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase or receive any regulated scrap metal from a person under 18 years of age, unless such underage person is accompanied by his or her parent or legal guardian.
(5) It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to purchase any of the following items of regulated scrap metal without obtaining proof that the seller is an employee, agent or person who is authorized to sell the item of regulated scrap metal property on behalf of the governmental entity, utility provider, railroad, cemetery, or civic organization to which the property purportedly belongs; or is a scrap metal dealer:
a. Utility access cover;
b. street light poles or fixtures;
c. road or bridge guard rails;
d. highway or street sign;
e. water meter cover;
f. traffic directional or traffic control signs;
g. traffic light signals;
h. any metal marked with any form of the name or initials of a governmental entity;
i.
property owned and
marked by a telephone, cable, electric, water or other utility provider. or any such wire or cable that has had the sheathing
removed, making ownership identification impossible;
j. property owned and marked by a railroad;
k. funeral markers or vases;
l. historical markers;
m. bales of regulated metal;
n. beer kegs;
o. manhole covers;
p. fire hydrants or fire hydrant caps;
q. junk vehicles with missing or altered vehicle identification numbers;
r. real estate signs;
s. 
bleachers or risers, in whole or in
part; and
t. twisted pair copper telecommunications wiring of 25 pair or greater existing in 19, 22, 24 or 26 gauge.
(6) It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to sell, trade, melt or crush, or in any way dispose of, alter or destroy any regulated scrap metal, junk vehicle or vehicle part upon notice from any law enforcement agency, or any of their agents or employees, that they have cause to believe an item has been stolen. A scrap metal dealer shall hold any of the items that are designated by or on behalf of the law enforcement agency for a minimum of 30 days, exclusive of weekends and holidays.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 4. Effective Date. This ordinance shall take effect and be in force upon its passage and publication as provided by law.
ADOPTED by the Governing Body this _______ day of June, 2013.
PASSED:
________________________
Michael Dever, Mayor
ATTEST:
____________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
____________________________
Toni R. Wheeler, City Attorney