KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 061246 Introduction Date: 11/9/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN
Title: Amending Chapter 54, Code of Ordinances, by adding a new Article V, Secondary Metal Recyclers.

Legislation History
DateMinutesDescription
11/9/2006 Filed by the Clerk's office
11/9/2006 Referred to Public Safety and Neighborhoods Committee
11/15/2006 Hold On Agenda (12/13/2006)
1/3/2007 Hold Off Agenda
1/16/2008 Hold On Agenda (2/13/2008)
2/13/2008 Hold On Agenda (2/27/2008)
2/27/2008 Hold On Agenda (3/26/2008)
3/26/2008 Hold On Agenda (4/9/2008)
4/9/2008 Hold Off Agenda
1/14/2009 Release
1/15/2009 Released

View Attachments
FileTypeSizeDescription
Meeting Witnesses.pdf Reports 4350K Report Attachment
061246-cs to org ord-com.doc Advertise Notice 117K com version-cs to org ord
FactSheet Chap 54- Article V -Recyclers.xls Fact Sheet 63K Fact Sheet for Chapter 54, Article V - new ordinance

Printer Friendly Version

ORDINANCE NO. 061246

 

Amending Chapter 54, Code of Ordinances, by adding a new Article V, Secondary Metal Recyclers.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 54, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by adding a new Article V, Secondary Metal Recyclers, to read as follows:

 

ARTICLE V. SECONDARY METAL RECYCLERS.

Sec. 54-201. Purpose.

The purpose of this article is to provide for appropriate and reasonable regulation of secondary metal recyclers in light of the potential detrimental effects of improper operation, such as the potential for purchasing property that has been stolen.

Sec. 54-202. Definitions.

As used herein, the following words shall have the definitions as provided:

 

Bales of recycled metal. Regulated metal property processed with professional recycling equipment by compression, shearing, or shredding, to a form in which it may be sold by a secondary metal recycler consistent with industry standards.

 

Director. Director shall mean the director of Neighborhood and Community Services Department or its designee.

Ferrous metal. A metal that contains iron or steel.

 

Fence. A solid barrier constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof, provided that any chain link fence shall be constructed of galvanized steel with wood or metal slates or strips running through all links of the chain link fence.

 

Managing Officer. The individual designated by the licensee who is in actual management and control of a business licensed under this article.

Nonferrous metal. A metal that does not contain iron or steel, including but not limited to, copper, brass, aluminum, bronze, lead, zinc nickel, and their alloys.

 

Person. Any individual, estate, firm, corporation, association, partnership, limited liability company, cooperative or governmental agency.

Regulated Metal Property. Any item composed in whole or in part of any ferrous or nonferrous metal, other than aluminum cans or an item composed of tin, as defined herein, that is purchased or otherwise acquired for the purpose of recycling or storage for later recycling.

 

Secondary metal recycler. Any person who:

 

(1)               is engaged in the business of purchasing, collecting, or soliciting regulated metal property for the purpose of recycling; and

 

(2) operates or maintains a facility where regulated metal property is purchased or kept for shipment, sale, transfer, or recycling.

Junk vehicle. A motor vehicle, aircraft, boat, farming implement, industrial equipment, trailer or any other convenience used on the highways and roadways, which has no use or resale value except as scrap.

 

Secondary metal recycle yard. Any real property where regulated metal property is purchased or kept for shipment, sale, transfer, or recycling.

 

Secondary metal recycle certificate. A document, approved by the director or its designee, issued to a person who has applied for and met the requirements for the operation of a secondary metal recycler as defined in this article.

 

Tin. Metal consisting predominantly of light sheet metal ferrous scrap, including large and small household appliances, construction siding, and construction roofing.

 

Vehicle Part. Either the front clip consisting of the two front fenders, hood, grill and front bumper of an automobile assembled as one unit; or the rear clip consisting of those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit.

 

Sec. 54-203. Secondary Metal Recycle Certificate Required.

A person must obtain a secondary metal recycle certificate from the director or its designee to operate a secondary metal recycle yard, which certificate shall be renewed annually. A separate secondary metal recycle certificate is hereby required for each place where secondary metal recycle business is transacted. Prior to issuance of the secondary metal recycle certificate, the director or its designee shall request other city departments to inspect the business premises to ensure compliance with other city ordinances. Certificates will be reissued to reflect approved changes.

 


Sec. 54-204. Application for Secondary Metal Recycle Certificate.

Application for a secondary metal recycle certificate or annual renewal shall be in writing and shall be accompanied by a fee of $100.00. The secondary metal recycle certificate fee shall be in addition to fees required by other ordinances. The secondary metal recycle application shall contain the following information:

(1) The full name and place of business of the applicant. If the applicant is a partnership, the full name and place of residence/business of each general partner shall be listed. If the general partner of a limited partnership is a corporation, then that corporation shall list the full name, position and place of residence of each officer and director of that corporation. If the applicant is a corporation, the full name, position, and place of residence of each officer and director shall be provided. If the applicant is doing business under a fictitious name, both legal and fictitious names shall be listed on the application;

(2) The street address and legal description where such business is to occur;

(3) The maximum hours of operation and days of the week that the business will be open;

(4) All the property and improvements surrounding the property within 100 feet of the proposed secondary metal recycle yard. A scale map of the area shall be submitted with the application which shows the location and type of fence, if any, surrounding the property and location of access drives and fire roads within the property;

 

(5) The name, telephone number and address of the person designated as the Managing Officer of the local office operations. The Managing Officer will be the individual authorized to receive notifications or tickets that may be issued by the City;

(6) The Missouri sales tax number and federal identification number of the business;

(7) Proof that the applicant has received a tax clearance from the finance department shall be attached to the application;

(8) Such further information as pertains to the operation of a secondary metal recycle yard as may be required by the director or its designee.

(9) The owner of the secondary metal recycle yard shall update the application or renewal in writing as changes occur.

(10) The application shall be dated and signed by an individual with authority to sign on behalf of the person requesting the secondary metal recycle certificate.

 

(11) If the real estate for the secondary metal recycle yard is not owned by the applicant, the name, address and telephone number of the owner of the real estate. Documentation that establishes the real estate owner authorizes the use of the property as a secondary metal recycle yard shall be attached to the application

 

Sec. 54-205. Secondary Metal Recycle Certificate Form.

Each secondary metal recycle certificate issued under this article shall state the name of the certificate holder, the managing officer, the place of business, the street address where the business is located, and the hours and days the secondary metal recycle certificate holder is authorized to transact business. The certificate is valid for one (1) year and expires as determined by the director or its designee.

Sec. 54-206. Secondary Metal Recycle Certificate Display.

The secondary metal recycle certificate issued pursuant to this article must be displayed in a conspicuous place open to public view in the secondary metal recyclers place of business.

Sec. 54-207. Secondary Metal Recycler Certificate Suspension, Revocation, Refusal to Issue or Renew

The director may, upon conducting a hearing after ten days have expired from the date of written notice, suspend for a period of 30 days or revoke for a period not to exceed one year a secondary metal recyclers certificate for any of the following reasons:

(1) The making of any false statement in an application, renewal or hearing for a secondary metal recycle certificate.

 

(2) Failure to obtain a tax clearance from the finance department.

(3) Violation, on the premises, by the secondary metal recycler certificate holder or any employee of the certificate holder of any city ordinance or state or federal law.

(4) Any criminal activity on the premises.

(5) Failure to allow access to the licensed premises during business hours or anytime the business is open, by authorized law enforcement and regulatory personnel.

 


Sec. 54-208. Inspections.

(a) A secondary metal recycle certificate holder or the Managing Officer or their representatives must make the premises available for inspection and shall accompany inspectors during inspections.

 

(1) Compliance. Inspections shall occur annually to ensure compliance with this article. Written inspection notification shall be sent 14 days prior to the inspection and shall be mailed, electronically transmitted, or delivered in person to the person and address shown on the application as Managing Officer.

(2) Routine. The director or its designee shall during normal business hours, conduct periodic inspections of the entire secondary metal recycle yard and buildings and property thereof.

(3) Complaint. Inspections may be conducted when violations of this article are reported to the director or its designee.

(4) Reinspections. Inspections may be conducted bi-weekly when secondary metal recycle yards fail routine or complaint inspections until compliance is reached.

(b) The fee for each inspection shall be as follows:

Routine inspection

No fee

Complaint inspections

No fee

Reinspection

$100.00

 

Sec. 54-209. Records Required.

At the time of purchasing any junk vehicle or other regulated metal property within the city of Kansas City, Missouri, except to the extent it already has the information, and except for purchases from another secondary metal recycler certificate holder or a Salvage Yard that has been issued a permit as described in Article IV or a Person that operates out of a fixed location in which the Person is the direct owner of the regulated metal property. the secondary metal recycler certificate holder is hereby required to:

 

(1) Inspect, for junk vehicles, the item offered for sale and record the vehicle identification number.

 

(2) Obtain, for junk vehicles, 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.

 

(3) Accurately and legibly record at the time of sale the following information:

 

a.                   The time, date and place of transaction;

 

b.                  The sellers name, address, sex, date of birth, and the identifying number from the sellers drivers license, military identification card, passport, or personal identification certificate; 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;

 

c.                   The license number, color, and style or make of any motor vehicle in which the junk vehicle or other regulated metal property is delivered in a purchase transaction;

 

d.                  A general description, made in accordance with the custom of the trade, of the predominant types of junk vehicle or other regulated metal property purchased in the transaction;

 

e.                   The weight, quantity, or volume, made in accordance with the custom of the trade, of the regulated metal property purchased;

 

f.                    If a junk vehicle or a junk 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/or serial number if applicable;

 

g.                   The amount of consideration given in a purchase transaction for the junk vehicle or other regulated metal property;

 

h.                   The name of the individual acting on behalf of the secondary metal recycler in making the purchase.

(4) Obtain from the seller a signed statement that the above-listed information is his or her own personal property, is free of encumbrances, is not stolen, or that he or she is acting for the owner and has permission to sell the item.

(5) Sign a statement on the directors form verifying that the correct vehicle identification number is listed, if applicable.

 

Sec. 54-210. Restrictions on Transactions.

 

A secondary metal recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller is an employee, agent, or person who is authorized to sell the item of regulated metal property on behalf of the governmental entity, utility provider, railroad, cemetery, civic organization, or secondary metal recycler:

 

(1)               Utility access cover,

 

(2)               Street light poles and fixtures,

 

(3)               Road and bridge guard rails,

 

(4)               Highway or street sign,

 

(5)               Water meter cover,

 

(6)               Traffic directional and traffic control signs,

 

(7)               Traffic light signals,

 

(8)               Any metal marked with any form of the name or initials of a governmental entity,

 

(9)               Property owned and marked by a telephone, cable, electric, water, or other utility provider,

 

(10)           Property owned and marked by a railroad,

 

(11)           Funeral markers and vases,

 

(12)           Historical markers,

 

(13)           Bales of regulated metal property.

 

Sec. 54-211. False Information.

It shall be unlawful for any person to knowingly provide false information for any of the records required by this article or to provide false information upon any application for a secondary metal recycle certificate or application for renewal of a secondary metal recycle certificate as provided in this article or to knowingly sign as true any statement required herein if the same is not true.

Sec. 54-212. Records Maintained.

The records required by sections 54-209 and 54-210 shall be maintained by the secondary metal recycle certificate holder for one year and shall be open for inspection to authorized law enforcement, city regulatory personnel, and the director or its designee or for other official use at any time, but shall not be open for general public inspection.


Sec. 54-213. Holding Period Required.

(a) It shall be unlawful for any secondary metal recycle certificate holder to sell, trade, melt or crush, or in any way dispose of, alter or destroy any regulated metal property or vehicle part until 72 hours, exclusive of weekends and federally designated holidays, after the date of its purchase by such certificate holder.

(b) Upon notice from any law enforcement agency or any of their agents or employees, that have cause to believe an item has been stolen, a certificate holder shall hold any of the items listed in subsection 54-213(a) that are designated by or on behalf of the law enforcement agency for thirty days, exclusive of weekends and federally designated holidays.

(c) All junk vehicles and all junk vehicle parts listed in subsection 54-213(a) shall be available for inspection by law enforcement or City regulatory personnel during the required holding period.

 

Sec. 54-214. Exceptions to Holding Period.

 

The holding period required by section 54-213 shall not apply to the following:

 

(1) Any transaction made in the normal course of business with a secondary metal recycler that operates a facility located in the city of Kansas City, Missouri who holds a valid secondary metal recycle certificate, or with a Salvage Yard that has been issued a permit as described in Article IV;

 

(2) Any transaction made in the normal course of business from a representative from any Person that operates out of a fixed location in which the Person is the direct owner of the regulated metal property associated with the transaction.

 

(3) Any transaction made in the normal course of business with a salvage yard dealer or metal recycler that does not have a facility in the city of Kansas City, Missouri but, if a license is required, is licensed by the city, county or state in which they reside, or any transaction of the secondary metal recycler outside of the city of Kansas City, Missouri, which similarly satisfies any license requirements, if any, of the city, county or state in which the transaction occurred.

 

(4) Any transaction made in the normal course of business with an insurance company legally registered to do business;

 

(5) Any transaction made in the normal course of business with the tow lot located in the city of Kansas City, Missouri operated by the Neighborhood and Community Services Department;

 

(6) Any transaction made in the normal course of business at a public auction conducted by a salvage broker who holds a valid salvage yard certificate;

 

(7) Any transaction made in the normal course of business with concern to junk vehicles duly registered, licensed, and purchased from the registered owner thereof who has in his or her possession and who displays at the time of sale a valid certificate of ownership issued by the director of Revenue of the State of Missouri, or its successor, or equivalent authority in any other state.

 

(8) Any transaction made in the normal course of business where the sellers identity has been fully recorded per the requirements of 54-209(3) and the sellers image captured on video along with, and in conjunction with, video of the vehicle in which the seller delivered the items for sale to the secondary metal recycler and the recyclable material sold to the metal recycler at the time of delivery. The video of each transaction must be maintained for a minimum of 30 days.

 

Sec. 54-215. Acts of Employees.

The holder of a secondary metal recycle certificate shall be liable under this article for any and all violations by its employees of any provisions of this article during business hours or while on the premises of the secondary metal recycle yard.

 

Sec. 54-216. Operation of Secondary Metal Recycle Yard.

Any secondary metal recycle yard shall be located and operated in accordance with the following requirements:

 

(1)               Every secondary metal recycle yard must comply with the requirements of Chapter 26, Chapter 80, and all other applicable City Ordinances, and pursuant to a certificate of legal nonconformance in accordance with Section 80.230 of the Zoning Ordinance and Chapter 48, Nuisance Code.

(2) All materials located in or on the land area devoted to the secondary metal recycle yard shall be arranged to allow reasonable access to and inspection of the premises by authorized law enforcement and regulatory personnel.

 

(3) Every secondary metal recycler yard must provide, along boundaries located within 1000 feet of residential zoning, a fence or other opaque barrier, or be located behind a natural opaque barrier.

 

(4) The height of any grass or weeds on the property of the secondary metal recycler, located along street frontage or public right-of-way shall be no more than 10 inches above the ground surface.

 


Sec. 54-217. Violations.

(a) It shall be unlawful for any person to operate as a secondary metal recycle yard without following all the requirements of this article.

(b) If the owner or occupant of the premises is a corporation on which a violation of this article has been determined to exist, the managing officer of such corporation shall be deemed responsible for the ordinance violation.

(c) It shall be unlawful for any person or individual to operate as a secondary metal recycler without obtaining a secondary metal recycle certificate.

(d) It shall be unlawful to violate, fail to, neglect or refuse to comply with any provisions or requirements of this article.

(e) It shall be unlawful for any secondary metal recycler to directly or indirectly purchase any property from any person that the certificate holder, its agent or employee knows cannot rightfully or lawfully sell it.

(f) It shall be unlawful for any certificate holder to fail to notify the director or its designee within ten days of any change of control in ownership or managing officer of the business.

Sec. 54-218. Property Owner Responsibility.

The owner of any property on which a secondary metal recycle yard is located but a current secondary metal recycle certificate is not maintained shall be responsible for any violation of this article that occurs on his or her property if the violation continues to exist 30 days after the date of a notice mailed to the owner informing him or her of the violation.

Sec. 54-219. Penalty.

(a) Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than $200.00, but not more than $2,000.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (b) herein.

(b) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

First offense . . . $200.00

Second offense . . . $500.00

Third offense . . . $1000.00

Fourth and subsequent offenses . . . $2000.00

In determining the applicable minimum fine, an offense shall be considered a second, third or fourth and subsequent offense only if the defendant has previously pleaded or been found guilty of the same violation at any location in the city within the preceding 24 month period.

Sec. 54-220. Informal disposition of contested cases

Nothing contained in this chapter shall preclude the informal disposition of contested cases by stipulation, consent order or default, or by agreed settlement.

Sec. 54-221. Salvage Motor Vehicles

The provisions of this Article V shall specifically not apply to operations covered by Article IV regarding Salvage Motor Vehicles and Salvage Motor Vehicle Parts Dealers, and Article IV shall specifically not apply to operations covered by this Article V regarding secondary metal recyclers. However, if any Person operates both as a Salvage Yard and as a secondary metal recycler, its Salvage Yard operation must comply with Article IV and its secondary metal recycler operation must comply with this Article V.

 

Sec. 54-222. Effective Date

The provisions of Sec. 54-209 and Sec. 54-213 shall be effective March 1, 2007.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney