Miami-Dade Legislative Item
File Number: 110613
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File Number: 110613 File Type: Ordinance Status: Amended
Version: 0 Reference: 11-17 Control: Board of County Commissioners
File Name: SCRAP METAL PROCESSOR Introduced: 3/16/2011
Requester: NONE Cost: Final Action:
Agenda Date: 4/4/2011 Agenda Item Number: 7C
Notes: SEE #110847 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE RELATING TO SCRAP METAL PROCESSORS AND JUNK DEALERS; AMENDING SECTIONS 8A-203 AND 8A-237 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTIONS 8A-9 – 8A-9.6 OF THE CODE OF MIAMI-DADE COUNTY; FLORIDA; REGULATING SCRAP METAL PROCESSORS AND JUNK DEALERS; PROVIDING DEFINITIONS; PROVIDING FOR RECORDKEEPING AND INSPECTION; PROHIBITING CASH TRANSACTIONS AND RESTRICTING PURCHASES OF CERTAIN ITEMS; PROVIDING APPLICABILITY, ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 110085 AND 110128]
Indexes: ORDINANCE RELATING
  SCRAP METAL
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/4/2011 7C Amended
REPORT: See Legislative File No. 110847

Commission Auditor 3/21/2011 Legislative notes attached 4/4/2011

County Attorney 3/16/2011 Assigned Henry N. Gillman

Public Safety & Healthcare Admin Cmte 3/8/2011 1E2 SUB. AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. The following persons appeared: Mr. James Burke, Director of Corporate Security, Florida Power & Light Company (FPL), 700 Universe Boulevard, Juno Beach, 33408, spoke in support of the foregoing proposed ordinance. He noted that copper was frequently stolen from FPL service centers and substations and presented electrocution concerns. Mr. Burke supported law enforcement efforts that required scrap metal dealers to positively identify individuals bringing copper and other metals to sell Major Garry Jeanniton, Miami-Dade Police Department (MDPD), Northside District, noted an increase in burglaries and complaints of non-operational street lighting within the District. He said that Sergeant Paul Angelo, MDPD, had been effective in implementing various enforcement strategies relating to burglary and the metal recycling ordinance. Major Jeanniton noted the scrap metal and copper wire crimes had affected the community’s quality of life and presented safety concerns. He commented on MDPD’s support of this proposed ordinance and its close cooperation with Commissioner Edmonson and the County Attorney’s Office to draft the legislation. Lieutenant Raul Nunez, MDPD, noted the upcoming PowerPoint presentation would depict the scope of scrap metal theft in Miami-Dade County and the MDPD’s enforcement efforts. Sergeant Angelo presented the PowerPoint presentation and distributed hard copies to Commissioners. He noted that scrap metal theft was a nationwide problem; that all areas of the County were affected; and that his squad had been addressing this issue since June 2010. Ms. Amy Lee (address withheld) noted she lived on the same street as the two largest scrap metal processors in the County and spoke about numerous incidents of unsavory and violent behavior she has endured from scrap metal thieves who set up a homeless camp beside her home. She noted her support of the ordinance, however, she commented on the need for additional enforcement due to the high crime and violence in her particular area, and suggested the creation of a five member task force in the Northside District. Ms. Lee also commented on her efforts to address the issues of the scrap metal crisis and quality of life in her neighborhood. With the assistance of Ms. Carmen Caldwell, Victim Services Coordinator, MDPD, Ms. Lee started a Citizens Crime Watch, which consisted of 53 homes, Holy Redeemer Catholic Church, and Martin Luther King Elementary School. Ms. Isabella Rosetti, 2835 NW 50 Street, Miami, noted that she was a Brownsville resident; a Hampton House Restoration Board Member; and supported the ordinance. She noted that the Hampton House was located across the street from a scrap metal business. Ms. Rosetti suggested that the relocation of that scrap metal business should be considered since it was deemed an obstacle for the implementation of the Model City Urban City District and the Model City/Brownsville Charrette. Mr. Clarence Woods, 49 NW 5 Street, Suite 100, Miami, 33128, Assistant Director, Southeast Overtown/Park West Community Redevelopment Agency (CRA), spoke in support of the ordinance. He noted in May 2010, the CRA experienced several incidents of theft, including 2,000 feet of copper wire from lighting surrounding the Performing Arts Center and a CRA lot, costing taxpayers $6,500. Mr. Woods also noted manhole covers, drainage covers, tree grates, water meter covers, and street light covers were stolen from throughout the Overtown community in February 2011, and in a single night, 18 tree grates, worth $1,000 each, were stolen. Ms. Enid Pinkney, Founding President and CEO, Historic Hampton House Community Trust, 4990 NW 31 Avenue, Miami, 33142, informed the Committee that historical materials for a planned museum at the Hampton House were stolen and that she was able to retrieve some of those stolen items that had not already been disposed of from a local scrap metal business, paying for them with her personal funds. She also noted that many streets in the neighborhood, including NW 54 Street and NW 32 Avenue, were in the dark. Ms. Pinkney supported the ordinance, noting that scrap metal theft was a serious problem and asked that the ordinance be implemented on an emergency basis. Commander Lazaro Ferro, City of Miami Police Department, 400 NW 2 Avenue, Miami, spoke in support of the ordinance, noting the problems affected the community and the City of Miami. Officer Kelly, City of Miami Police Department, 400 NW 2 Avenue, Miami, commended Sergeant Angelo for the PowerPoint presentation and noted support for the ordinance. Mr. Mario Artecona, CEO, Habitat for Humanity of Greater Miami (Habitat), 3800 NW 22 Avenue, spoke in support of the ordinance and additional enforcement efforts. He explained that Habitat was a County partner for building homes in the Liberty City community using infill lots and noted the copper wire problem was not exclusive to Liberty City. He indicated Habitat had experienced similar thefts Countywide, each incident costing $4,500 for $25 worth of copper wire, which added to the costs of home construction and resulted in homes being sold at a loss to promote affordable homeownership. Ms. Elaine Black, Liberty City Trust, 4800 NW 12 Avenue, acknowledged Commissioners Edmonson, Monestime and Bell for their support of this ordinance. She spoke in support of removing scrap metal business from the area, noting the negative impact and detrimental effect the thefts had on the community. Mr. Eric Thompson, Chairperson, Liberty City Trust and Liberty Square Tenant Council Member, 6304 NW 14 Avenue, Miami, said the ordinance was a quality of life and safety issue for Liberty City residents. He urged Committee members to support the ordinance and stressed the need for adequate enforcement efforts. Mr. Christopher Mazello, Inspector General (IG), noted his support for the proposed legislation. He asked that the ordinance be amended to enable the IG to inspect records that were required to be maintained by scrap metal processors and junk dealers in order to provide oversight and to ensure the proper compliance to ordinance provisions. Mr. Hershel Haynes, Chairman, Abbott Park Model Cities Homeowners Association, noted support for the ordinance; however, he asked that it be strengthened to include more enforcement efforts. Mr. Levert Jordan, Sr., President, New Horizons Tenant Association, located at NW 7 Avenue and 60 Street, thanked Commissioner Edmonson for restoring street lighting to the area. He noted that law enforcement officers needed additional support to enforce the provisions of this ordinance. After hearing no one further wishing to speak, Chairwoman Bell closed the public hearing. Commissioner Bell noted the Board fully supported the ordinance; however, the penalty provision, Section 8A-9.6, needed additional strength. She said this was an expensive problem and many lives were at risk and noted examples of copper pipe and air conditioner theft from homes and other metal thefts in the community. She expressed concern that the penalty provision was vague and asked whether the fine was per item, per incident, or if a perpetrator caught with a quantity of copper wire would be considered one violation. Assistant County Attorney Henry Gillman responded that the penalty was per violation of any section of the ordinance and noted, as an example, a cash payment by a scrap metal processor or junk dealer would be one violation and then acceptance of a prohibited item without proof of ownership would be a second violation. Mr. Gillman clarified that the penalty for the first violation was $500 and $1,000 for a subsequent violation and that an individual caught with a quantity of copper wire, without proof of ownership, would be a single violation. Assistant County Attorney Gillman noted that scrap metal processors and junk dealers were regulated by State Statute and were registered with the State Department of Revenue (DOR). Mr. Gillman said that the DOR could deny or revoke a registration for violation of the State Statute. He noted that the ordinance was stricter than the State Statute in not allowing the use of cash payments. Mr. Gillman said that State penalties were more severe with a $1,000 penalty and one-year imprisonment for the first violation and a $5,000 penalty and five-year imprisonment for the third and subsequent violation. He noted that the MDPD enforced and monitored scrap metal processors and junk dealers’ adherence to State Statutes, including maintaining records that identified the sellers of scrap metals. Mr. Gillman said these records included a photo and thumbprint of the seller, as well as a completed transaction report, which must maintained by the business for five years. Commissioner Bell requested definitive clarification about the quantity sold per violation. She noted the ordinance should be forwarded to the Board; however, the specific details of these violations should be made more stringent, specific and narrow. Commissioner Jordan questioned details about enforcement of this ordinance. Assistant County Attorney Gillman responded that enforcement was handled by local law enforcement officials. He noted that once notified of a theft, police officials would have probable cause to issue a Hold Notice to scrap metal processors and junk dealers requiring that subject materials be held and not disposed of for a designated period of time, allowing time for the victim to identify the stolen property. Commissioner Jordan noted that regularly scheduled inspections were needed in order to address this problem. Major Jeanniton responded that random inspections were performed as part of the enforcement effort and noted a more organized inspection process with weekly inspections could be implemented. Commissioner Jordan questioned whether the renewal of a County license could be linked to an inspection process similar to a restaurant’s requirement to pass an inspection in order to continue their operations. Assistant County Attorney Gillman responded that the MDPD could notify the DOR that a particular scrap metal processor or junk dealer had violated a section of the Statute or Ordinance, at which point the DOR would then determine whether or not to suspend, revoke, or deny the registration that enabled the scrap metal processor or junk dealer to conduct business. He said the County would be unable to link a registration to the local business tax receipt. Commissioner Jordan asked Assistant County Attorney Gillman to explore the possibility of the County scheduling a regular inspection process that would automatically generate reports to the Department of Revenue or the responsible entity of any violations. (Note: Assistant County Attorney Gillman’s findings will be submitted to the County Commission along with this proposed ordinance.) Major Jeanniton noted that the Department could easily inform the DOR of inspection violations. Commissioners Jordan and Bell asked Assistant County Attorney Henry Gillman to explore options to amend the penalty provision of this ordinance to increase the penalties for violators based on the quantity (i.e., one item versus multiple items) of scrap items purchased; and submit his findings to the County Commission for consideration along with this proposed ordinance. Commissioner Souto asked Assistant County Attorney Gillman to explain changes to this legislation which were implemented in 2008. Assistant County Attorney Gillman responded that the significant changes required obtaining a description of the seller, a thumbprint, vehicle information, a photo of materials being sold, and a photo of the seller receiving money. He noted it also allowed law enforcement to inspect scrap metal processors’ and junk dealers’ records; provided a 15-day hold notice; prohibited cash transactions over $1,000, required scrap metal processors and junk dealers to register with the State; prohibited purchases of regulated metals between 9:00 p.m. and 6:00 a.m.; required purchases to take place at a fixed location; and required purchase transactions to occur from a transported motor vehicle. Commissioner Souto asked Assistant County Attorney Gillman to prepare a resolution creating a database to monitor scrap metal processors’ and junk dealers’ business activities on a daily basis. He asked Assistant County Attorney Gillman to also prepare a zoning ordinance providing that scrap metal processor and junk dealer businesses be located within designated areas, outside of the central city and residential neighborhoods. Chairman Diaz questioned whether the majority of scrap metal processors and junk dealers businesses were legitimate. Sergeant Angelo responded that the MDPD began enforcement in the Northside District in June 2010 and discovered most of the two dozen secondary metals recyclers possessed the required DOR license; however, those business owners without a license were in violation of Florida Statutes and were arrested and charged with a felony offense. Sergeant Angelo noted that surveillance efforts monitored the methods by which customers were coming to the scrap metal processors and junk dealers businesses to determine whether they were complying with the Statute which prevented the business from accepting walk-up customers. Chairman Diaz noted the County must be careful not to hurt an industry that was doing the right thing and questioned the percentage of operators that were conducting business within the parameters of the law versus those who were not. Lieutenant Nunez responded that most businesses were operating properly and that this proposed legislation would not hurt any legitimate business. Chairman Diaz concurred with Commissioner Souto’s concerns regarding to the need to re-designate uses away from residential areas and questioned whether sufficient input from the industry had been received. Sergeant Angelo responded that the majority of scrap metal processors and junk dealers lawfully conducted their businesses, with the most common infraction relating to compliance with appropriate record keeping requirements. Chairman Diaz noted support for this proposed legislation, provided it did not impact the legitimate business and improperly target homeless individuals. Commissioner Souto asked Assistant County Attorney Gillman to evaluate the possibility of enacting an ordinance requiring scrap metal processors and junk dealers to post a bond, which would be forfeited in the event they were found guilty of dealing with stolen property. Commissioner Jordan asked Assistant County Attorney Henry Gillman to explore whether a fine could be levied against scrap metal processors and junk dealers in violation of the Department of Environmental Resource Management regulations. Commissioner Jordan and Chairman Diaz asked to be listed as co-sponsors of the foregoing proposed ordinance. Chairman Diaz suggested that proper notice of this proposed ordinance be provided to scrap metal processors and junk dealers to ensure that all businesses were fully aware of this legislation and its impact on the industry. There being no further questions or comments, the Committee proceeded to vote. Assistant County Attorney read a technical amendment into the record. It was moved by Commissioner Jordan that the foregoing proposed ordinance be forwarded to the Board of County Commissioners (BCC) with a favorable recommendation with Committee amendments) to correct the language contained on Handwritten page 5, Section 1 of the ordinance to read as follows: “that the above recitals of legislative intent and findings are fully incorporated herein as part of this ordinance;” to remove the language contained under Section 1and insert that language under Section 2; and to renumber subsequent sections accordingly. This motion was seconded by Commissioner Bell, and upon being put to a vote, passed 4-0 (Commissioners Edmonson and Heyman were absent).

Legislative Text


TITLE
ORDINANCE RELATING TO SCRAP METAL PROCESSORS AND JUNK DEALERS; AMENDING SECTIONS 8A-203 AND 8A-237 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTIONS 8A-9 – 8A-9.6 OF THE CODE OF MIAMI-DADE COUNTY; FLORIDA; REGULATING SCRAP METAL PROCESSORS AND JUNK DEALERS; PROVIDING DEFINITIONS; PROVIDING FOR RECORDKEEPING AND INSPECTION; PROHIBITING CASH TRANSACTIONS AND RESTRICTING PURCHASES OF CERTAIN ITEMS; PROVIDING APPLICABILITY, ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, skyrocketing prices for metals, especially copper, has resulted in a significant increase in the theft of copper, aluminum and other ferrous and nonferrous metals material in Miami-Dade County; and
WHEREAS, such thefts include metals material from light poles which create power outages and endanger the health, safety and welfare of the public particularly the elderly and children; and
WHEREAS, such thefts are economically burdensome on the County since the County is required to expend funds to replace or repair stolen or vandalized street signs and street lights owned by the County; and
WHEREAS, for example, since 2009, the County’s Public Works Department has spent thousands of dollars to repair or replace vandalized light poles; and
WHEREAS, such thefts damage or interrupt utilities which endanger the public’s health, safety and welfare; and
WHEREAS, such thefts also result in increased costs to businesses and homeowners that have been victimized by thefts and have suffered damages; and
WHEREAS, the economic recession has resulted in many residential and commercial properties in foreclosure which are either unoccupied or under renovation and thus more likely targets for burglars to steal or vandalize personal property that contain ferrous and nonferrous metals material; and
WHEREAS, for example, air conditioning units have been vandalized because they contain copper material; and
WHEREAS, such criminal activity adversely affects the economic recovery in Miami-Dade County by hampering the ability of property owners, banks and mortgage holders to market and sell residential and commercial properties; and
WHEREAS, in 2010, over 800 burglaries of residential properties have been reported to the Miami-Dade Police Department’s Northside District alone; and
WHEREAS, the criminal activity also affects the social and economic quality of life of the County’s citizens by resulting in unsafe properties, business losses and higher insurance costs; and
WHEREAS, the theft of such metals material may result in its unlawful sale to junk dealers and scrap metal processors also known as secondary metals recyclers; and
WHEREAS, secondary metal recyclers are regulated under Chapter 538, Part II of the Florida Statutes; and
WHEREAS, under State law, secondary metals recyclers can pay up to $1000 in cash for the purchase of regulated metals property; and
WHEREAS, this Board finds that prohibiting cash transactions for purchase of regulated metals property by junk dealers and scrap metal processors is necessary to enable law enforcement authorities to impede unlawful activity including the sale of stolen regulated metals property; and
WHEREAS, this Board finds that restricting certain items that may be purchased by junk dealers and scrap metal processors without proof that the sellers are authorized to sell such items is necessary to enable law enforcement authorities to impede unlawful activity including the sale of stolen regulated metals property; and
WHEREAS, this Board finds that implementation of this Ordinance as set forth herein will promote, protect and improve the health, safety and welfare of the people of Miami-Dade County, Florida,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
>>Section 1. That the above recitals of legislative intent and findings are fully incorporated herein as part of this ordinance.<<1
Section [[1]]>>2<<. Section 8A-203 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:2
Sec. 8A-203. Junk dealers; local business tax requirements[[; penalty]].

[[(1) In construing this section, unless the context requires otherwise, the following words or phrases shall mean:

(a) Junk means old or scrap copper, brass, rags, batteries, paper, trash, rubber, debris, waste, junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other scrap ferrous or nonferrous material.
(b) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(c) Person means any individual, agency, firm, association or corporation.
(d) Junk dealer means any person who is not a traveling junk dealer within the purview of Section 8A-203.1 and is engaged in the business of maintaining and operating a junkyard.
(e) Scrap metal processing plant means an establishment or place of business maintaining and operating machinery and equipment used to process scrap iron, steel and other metals to specifications prescribed by, and for sale to, mills and foundries.
f) Scrap metal processor means a person maintaining and operating a scrap metal processing plant.
(g) Metals means copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility communications system.
(h) Transmission or distribution means that part of a utility or communications system which extends from the point of origin of such utility or communications system to the service entrance of the consumer or user.]]
[[(2)]]>>(1)<< Every person engaged in business as a scrap metal processor as defined in Section 8A-9.1 shall pay a local business tax as provided for in the schedule of taxes, Section 8A-223.1.
[[(3)]]>>(2)<< Every person engaged in business as a junk dealer as defined in Section 8A-9.1 shall pay a local business tax as provided for in the schedule of taxes, Section 8A-223.1.

[[Recordkeeping]]

[[(a) Every person receipted as a junk dealer or scrap metal processor when purchasing any article shall keep a full and complete record of each transaction showing from whom and when each article was purchased or acquired and to whom sold and the date of each sale.
(b) Every person receipted as a junk dealer or scrap metal processor when purchasing metals shall keep the following additional information:

The record shall include a receipt signed by the seller; and a copy of such receipt shall be given to the seller. This receipt shall reflect the quality and quantity of metals purchased, the seller’s name and address, the license number of the seller’s motor vehicle conveying the metals, and the number of the seller’s driver’s license.
(c) The records required to be kept by subparagraphs (a) and (b) shall be maintained by the purchaser for a period of not less than one (1) year and shall at all times be subject to inspection by any law enforcement officer Commissioned in the State.

(4) Purchase of metals from minors in excess of ten dollars ($10.00) is prohibited.

(5) Any person violating any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand ($1,000.00) or by imprisonment in the County Jail not to exceed six (6) months or both.]]


Section [[2]]>>3<<. Section 8A-237 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8A-237. Junk dealers; local business tax requirements[[; penalty]].
[[(1) In construing this section, unless the context requires otherwise, the following words or phrases shall mean:
(a) Junk means old or scrap copper, brass, rags, batteries, paper, trash, rubber, debris, waste, junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other scrap ferrous or nonferrous material.
(b) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(c) Person means any individual, agency, firm, association or corporation.
(d) Junk dealer means any person who is not a traveling junk dealer within the purview of Section 8A-203.1 and is engaged in the business of maintaining and operating a junkyard.
(e) Scrap metal processing plant means an establishment or place of business maintaining and operating machinery and equipment used to process scrap iron, steel and other metals to specifications prescribed by, and for sale to, mills and foundries.
(f) Scrap metal processor means a person maintaining and operating a scrap metal processing plant.
(g) Metals means copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility communications system.
(h) Transmission or distribution means that part of a utility or communications system which extends from the point of origin of such utility or communications system to the service entrance of the consumer or user.]]
[[(2)]]>>(1)<< Every person engaged in business as a scrap metal processor as defined in 8A-9.1 shall pay a local business tax as provided for in the schedule of taxes, Section 8A-247.1.
[[(3)]]>>(2)<< Every person engaged in business as a junk dealer as defined in 8A-9.1 shall pay a local business tax as provided for in the schedule of taxes, Section 8A-247.1.
[[(4) [Recordkeeping]
(a) Every person receipted as a junk dealer or scrap metal processor when purchasing any article shall keep a full and complete record of each transaction showing from whom and when each article was purchased or acquired and to whom sold and the date of each sale.
(b) Every person receipted as a junk dealer or scrap metal processor when purchasing metals shall keep the following additional information:
The record shall include a receipt signed by the seller; and a copy of such receipt shall be given to the seller. This receipt shall reflect the quality and quantity of metals purchased, the seller’s name and address, the license number of the seller’s motor vehicle conveying the metals, and the number of the seller’s driver’s license.
(c) The records required to be kept by subparagraphs (a) and (b) shall be maintained by the purchaser for a period of not less than one (1) year and shall at all times be subject to inspection by any law enforcement officer Commissioned in the State.
(5) Purchase of metals from minors in excess of ten dollars ($10.00) is prohibited.
(6) Any person violating any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand ($1,000.00) or by imprisonment in the County Jail not to exceed six (6) months or both.]]
Section [[3]]>>4<<. Section 8A-9 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
>>Sec. 8A-9. Short Title; Purpose.
(1) Sections 8A-9 – 8A-9.6 shall be known and may be cited as the “Junk Dealers and Scrap Metal Processors Ordinance”.
(2) The purpose of the Junk Dealers and Scrap Metal Processors Ordinance is to protect the public health, safety and welfare by impeding the sale of stolen regulated metals property and thereby deterring the theft of regulated metals property.

Sec. 8A-9.1 Definitions.

In construing this section, unless the context requires otherwise, the following words or phrases shall mean:

(a) Ferrous metals means any metals containing significant quantities of iron or steel.
(b) Fixed location means any site-occupied by a secondary metals recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 days.

(c) Junk means old or scrap copper, brass, rags, batteries, paper, trash, rubber, debris, waste, junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other scrap ferrous or nonferrous material.
(d) Junk dealer means any person who is not a traveling junk dealer within the purview of Sections 8A-204 or 8A-237.1 and is engaged in the business of maintaining and operating a junkyard and includes a secondary metals recycler as defined herein.
(e) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(f) Nonferrous metals means metals not containing significant quantities of iron or steel, including. without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals such as gold, silver and platinum.
(g) Person means any individual, agency, firm, association or corporation.
(h) Personal identification card means any government-issued photographic identification card.
(i) Purchase transaction means a transaction in which a junk dealer, scrap metal processor or secondary metals recycler gives consideration for regulated metals property.
(j) Regulated metals property means any item composed primarily of any nonferrous metals. The term shall include, without limitation, copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility or communications system. The term shall also include stainless steel beer kegs but shall not include aluminum beverage containers, or similar beverage containers.
(k) Scrap metal processing plant means an establishment or place of business maintaining and operating machinery and equipment used to process scrap iron, steel and other metals to specifications prescribed by, and for sale to, mills and foundries.
(l) Scrap metal processor means a person maintaining and operating a scrap metal processing plant and shall include a secondary metals recycler as defined herein.
(m) Secondary metals recycler means any person who:
(1) Is engaged, from a fixed location or otherwise, in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or

(2) Has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof.
Sec. 8A-9.2 Recordkeeping.
(a) Every person engaging in or operating as a junk dealer or scrap metal processor shall maintain a legible record of all purchase transactions to which such junk dealer or scrap metal processor is a party.
(b) The following information must be maintained on a form approved by the applicable law enforcement agency for each purchase transaction:
(1) The name and address of the junk dealer or scrap metal processor.
(2) The name, initials, or other identification of the individual entering the information on the ticket.
(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.
(5) The amount of consideration given in a purchase transaction for the regulated metals property.
(6) A signed statement from the person delivering the regulated metals property stating that she or he is the rightful owner of, or is entitled to sell, the regulated metals property being sold. If the purchase involves a stainless steel beer keg, the seller must provide written documentation from the manufacturer that the seller is the owner of the stainless steel beer keg or is an employee or agent of the manufacturer.
(7) The distinctive number from the personal identification card of the person delivering the regulated metals property to the junk dealer or scrap metal processor.
(8) A description of the person from whom the regulated metals property were acquired, including:
a. Full name, current residential address, workplace, and home and work phone numbers.
b. Height, weight, date of birth, race, gender, hair color, and any other identifying marks.
c. The right thumbprint, free of smudges and smears.
d. Vehicle description to include the make, model, and tag number of the vehicle and trailer of the person selling the regulated metals property.
e. Any other information required by the form approved by the applicable law enforcement agency.
(9) A photograph, videotape, or digital image of the regulated metals being sold.
(10) A photograph, videotape, or similar likeness of the person receiving consideration in which such person’s facial features are clearly visible.
(c) For the purchase of articles other than regulated metals property, the purchaser shall keep a full and complete record showing from whom and when each article was purchased or acquired and to whom sold and the date of each sale.
(d) The records required to be kept by sub-paragraphs (a), (b) and (c) and section 538.19, Florida Statutes, shall be maintained by the purchaser on a form approved by the applicable law enforcement agency for a period of not less than five (5) years and shall at all reasonable times be subject to inspection by any local law enforcement officer commissioned in the State.
Sec. 8A-9.3 Prohibitions of Cash Transactions.
(a) A junk dealer or scrap metal processor shall not enter into any cash transaction in payment for purchase of regulated metals property.
(b) Consideration for the purchase of regulated metals property by a junk dealer or scrap metal processor shall be made by check issued to the seller of the regulated metals property and payable to the seller.
Sec. 8A-9.4 Restrictions on Purchases.
A junk dealer or scrap metal processor shall not purchase any of the following items of regulated metal property without obtaining proof that the seller owns the property or that the seller is an employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other business or entity owning the property and the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or entity owning the property:
(a) manhole cover.
(b) An electric light pole or other utility structure and its fixtures, wires and hardware.
(c) A guard rail.
(d) A street sign, traffic sign, or traffic signal and its fixtures and hardware.
(e) Communication, transmission, distribution, and service wire, including copper or aluminum busbars, connectors and grounding plates or grounding wire.
(f) A funeral marker or funeral vase.
(g) An historical marker.
(h) Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E clip, or rail tie junction.
(i) Any metal item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery or railroad.
(j) A copper or aluminum condensing or evaporator coil, including tubing or rods, from a heating or air conditioning unit.
(k) An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts.
(l) Stainless steel beer kegs.
(m) A catalytic converter or any part of a catalytic converter.
(n) Metallic wire that was burned in whole or in part to remove insulation,
(o) 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.
(p) 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.
(q) A shopping cart.
Sec. 8A-9.5 Applicability and enforcement.
This<< [[section]] >>ordinance shall apply to and be enforced in both the incorporated areas and unincorporated areas of Miami-Dade County.<< [[and unincorporated areas, and in the unincorporated areas shall be enforced by the County and in the incorporated areas shall be enforced by the municipalities unless the County is notified by municipalities, in the form of a resolution of the governing council or commission that it is desirous of having the County enter into an Interlocal Agreement to enforce this section in which event enforcement within the incorporated areas shall be by the County if such Interlocal Agreement is approved by the County.]]
>>Sec. 8A-9.6 Penalty.
Any person violating sections 8A-9.2, 8A-9.3 or 8A-9.4 shall, upon conviction, be punished by a fine not to exceed five-hundred dollars ($500.00) or imprisonment in the County jail for not more than 60 days, or by both such fine and imprisonment. Any person who is convicted of a second or subsequent violation of sections 8A-9.2, 8A-9.3 or 8A-9.4 shall, upon conviction, be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the County jail not to exceed six (6) months or by both such fine and imprisonment.<<
Section [[4]]>>5<<. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section [[5]]>>6<<. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section [[6]]>>7<<. This ordinance shall become effective thirty (30) days after approval unless vetoed by the Mayor within ten (10) days of enactment, and if vetoed, shall become effective only upon an override by this Board.

1 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or »double arrowed« constitute the amendment proposed.
2 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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