FOR ORDINANCE NO. 120098, AS AMENDED
Amending Chapter 54, Code of
Ordinances, by repealing Sections 54-202, Definitions, 54-212, Records
required, and 54-213, Restrictions on transactions, and enacting in lieu
thereof new sections of like number and subject matter which adds additional
restrictions to better combat theft of ferrous and nonferrous metal.
secondary metal theft continues to be a problem which effects the public safety
and welfare of the citizens who reside in the greater Kansas City area; and
requiring secondary metal recyclers to video record all transactions, install
and maintain a retrievable electronic database and add additional transaction
restrictions for the purpose of decreasing secondary metal theft, and by giving
police and other law enforcement officers more resources to solve these crimes
as quickly as possible, the preservation of our neighborhoods will be enhanced;
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 repealing Sections 54-202, Definitions, 54-212, Records required,
and 54-213, Restrictions on transactions, and enacting in lieu thereof new
sections of like number and subject matter, to read as follows:
Sec. 54-202. Definitions.
As used herein,
the following words shall have the definitions as provided:
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
converter. A device designed for use in a vehicle for purposes of
chemically converting harmful exhaust gases, produced by the internal
combustion engine, into harmless carbon dioxide and water vapor.
agent. The individual designated by the permit holder who is in actual
management and control of the business permitted under this article.
The director of neighborhood and community services department or his designee.
metal. A metal that contains iron or steel.
component. Any portion of an air conditioner evaporator coil or condenser
used in connection with a residential, commercial or industrial building.
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.
metal. A metal that does not contain iron or steel, including but not
limited to, copper, brass, aluminum, platinum, bronze, lead, zinc, nickel, and
Any individual, estate, firm, corporation, association, partnership, limited
liability company, cooperative or governmental agency.
metal property. Any item listed in section 54-213, vehicle, junk vehicle,
vehicle part and any item composed in whole or in part of any nonferrous metal,
other than aluminum cans, as defined herein, that is purchased or otherwise
acquired for the purpose of recycling or storage for later recycling.
metal recycler. Any person who:
(1) Is engaged in the business of purchasing, collecting, or
soliciting regulated metal property for the purpose of recycling; or
(2) Operates or maintains a facility where regulated metal
property is purchased or kept for shipment, sale, transfer, or recycling.
metal recycling permit. A document, approved by the director, issued to a
person who has applied for and met the requirements to operate as a secondary
metal recycler as defined in this article.
metal recycling yard. Any real property where regulated metal property is
purchased or kept for shipment, sale, transfer or recycling.
Either the front clip consisting of the two front quarter panels, 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. 54-212. Records required.
By no later than August
1, 2012, every secondary metal recycler shall install and maintain a
retrievable electronic database and a video or photo recording system. The
electronic database shall contain a distinct and consecutively numbered record
of each and every purchase of ferrous and non-ferrous metals and shall be
available for inspection at all times by police or other law enforcement
officers during normal business hours. All secondary metal transactions must be
recorded on camera where the seller’s image is captured along with, and in
conjunction with, a photographic image of the vehicle in which the seller
delivered the items at the time of delivery. The photographic image of each
transaction and the photographic image of the vehicle must be maintained for a
minimum of 30 days. At the time of acquiring any regulated metal property
within the city, the secondary metal recycling permit holder is hereby required
Obtain, for all vehicles, an appropriate vehicle title, junking
certificate, bill of sale created by a government entity or any other proof of
ownership as accepted by the State of Missouri, or bill of sale issued by
a governmentally operated vehicle impound facility if the vehicle purchased has
been impounded by such facility or agency.
and legibly record the following information:
a. The time, date and place of transaction;
b. The seller’s name, address, photograph, sex, date of birth,
and the identifying number from the seller’s drivers license, military
identification card, passport, or government issued personal identification
card. The identifying number from an official governmental document that
includes a photograph for a country other than the United States may be used as
an identifying number provided that a legible thumbprint is also obtained;
c. The license number, color, and style or make of any motor
vehicle that is used in delivering any regulated metal property;
d. A full description, made in accordance with the custom of the
trade, of the predominant types of acquired regulated metal property;
e. The weight, quantity, or volume, made in accordance with the
custom of the trade, of the acquired regulated metal property;
f. 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 consideration given in a purchase transaction for the
regulated metal property;
h. The name of the individual acting on behalf of the secondary
metal recycler in acquiring the regulated metal property.
(3) Obtain a signed statement that the regulated metal property
is his own personal property, is free of encumbrances and is not stolen, or
that he is acting for the owner, the name and address of the owner, the
regulated metal property is free of encumbrances, is not stolen and that he has
permission to sell the item.
(4) Make all payments which are $500.00 or more, by issuing a
pre-numbered check drawn on a regular bank account in the name of the licensed
scrap metal dealer and with such check made payable to the person documented as
the seller in accordance with this section or by using 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 this chapter.
(5) Sign a statement on the director’s form verifying that the
correct vehicle identification number is listed, if applicable.
(6) With the exception of 2a, 2b and 2c of this section, the
provisions of this section shall not apply for purchases from another secondary
metal recycling permit holder, a salvage yard that has been issued a permit as
described in this article, or a person that operates a licensed business at a
fixed location in which the person is the direct owner of the regulated metal
(7) With the exception of 2a, 2b and 2c of this section, the
provisions of this section shall not apply to any transaction for which the
regulated metal property is a minor part of a larger item, except for equipment
used in the generation and transmission of electrical power or
(8) The provisions of this section shall not apply for the
acquisition of tin cans or aluminum cans.
Sec. 54-213. Restrictions on
(a) A secondary
metal recycler shall not acquire any regulated metal property from any person
who brings or delivers regulated metal property in a shopping or grocery cart.
(b) A secondary metal
recycler shall not purchase, receive or keep any of the following items without
obtaining proof that the seller is the verifiable owner or is an employee,
agent, or person who is authorized, in writing, to sell the item on behalf of
(1) Utility access covers,
(2) Street light poles or fixtures,
(3) Road or bridge guard rails,
(4) Highway or street signs,
(5) Water meter covers,
(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
(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,
(14) Beer kegs,
(15) Real estate signs,
(16) Bleachers or risers,
(17) Twisted pair copper telecommunications wiring of 25 pair or
greater existing in 19, 22, 24 or 26 gauge,
(18) Catalytic converters unless accompanied by a receipt for the
removal of the catalytic converter, or the title of the car that the catalytic
converter was removed from, or proof or receipt documenting sale of the
automobile from which the catalytic converter was removed to an auto salvage
business or scrap metal recycler.
(19) HVAC Components. No secondary metal recycler shall purchase
HVAC components except from a licensed HVAC dealer or contractor unless
accompanied by written verification from a licensed HVAC dealer or contractor
evidencing that the components were legally removed and the seller provides a
notarized letter stating he has the legal right to sell the material. The
verification form should include the name and address of the seller; address
from which the unit was removed; description of the unit to include brand, size
and serial number if applicable; and the name and business address of the
licensed HVAC dealer or contractor. It is an offense for a secondary metal
recycler to knowingly accept any portion of an air conditioner evaporator coil
or condenser unless the HVAC Components are accepted in compliance with all
applicable federal environmental laws.
as to form and legality:
Assistant City Attorney