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									 1                                          ORDINANCE 2011-4

 2                         AN ORDINANCE OF THE CITY OF ORLANDO,

 3                         FLORIDA, AMENDING CHAPTER 43 OF THE

 4                         CITY OF ORLANDO CODE BY AMENDING

 5                         SECTION 43.90-43.93, ENTITLED “SECONDARY

 6                         METALS        RECYCLERS”          PROVIDING        FOR

 7                         SEVERABILITY AND AN EFFECTIVE DATE.



10          SECTION ONE:           Section 43 of the Code of the City of Orlando be, and the same is

11   hereby amended by adding a new section to read as follows:

12   Sec. 43.90. Secondary Metals Recyclers- Definitions of Terms used in Section 43.91 and 43.92.

13   (1)    "Ferrous Metals" means any metals containing significant quantities of iron or steel.

14   (2)    "Fixed Location" means any site occupied by a secondary metals recycler as owner of the

15          site or as lessee of the site under a lease or other rental agreement providing for

16          occupation of the site by the secondary metals recycler for a total duration of not less than

17          364 days.

18   (3)    “Money” means a medium of exchange authorized or adopted by a domestic or foreign

19          government as part of its currency.

20   (4)    “Nonferrous Metals” means metals not containing significant quantities of iron or steel,

21          including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and

22          alloys thereof, excluding precious metals as defined in Section 43.54(1) of this Code.

23   (5)    “Purchase Transaction” means a transaction in which a secondary metals recycler gives

24          consideration for regulated metals property.

25   (6)   “Regulated Metal Property” means any item composed primarily of any nonferrous

26         metals, but shall not include aluminum beverage containers, used beverage containers, or

27         similar beverage containers. The term shall include stainless steel beer kegs.

28   (7)   “Secondary Metals Recycler” means any person who:

29         (a)     is engaged, from a fixed location or otherwise, in the business of gathering or

30                 obtaining ferrous or nonferrous metals that have served their original economic

31                 purpose or is in the business of performing the manufacturing process by which

32                 ferrous metals or nonferrous metals are converted into raw material products

33                 consisting of prepared grades and having an existing or potential economic value;

34                 or

35         (b)     has facilities for performing the manufacturing process by which ferrous metals or

36                 nonferrous metals are converted into raw material products consisting of prepared

37                 grades and having an existing or potential economic value, other than by the

38                 exclusive use of hand tools, by methods including, without limitation, processing,

39                 sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or

40                 changing the physical form or chemical content thereof.

41   (8)   “Seller” means a person from who regulated metal property is acquired or an authorized

42         agent of the seller. For purposes of this section, an authorized agent is a current

43         employee, agent, or contractor of a governmental entity, utility company, cemetery,

44         railroad, manufacturer, or other person, business, or entity owning the property. Proof

45         that a seller is an authorized agent may be evidenced by a letter of authorization on the

46         official letterhead of the entity indicating that the seller is authorized to sell the item of

47         regulated metal property and must include the date it is written. An authorization letter

48         shall remain effective for 90 days from the date indicated on the letter or until rescinded,

49         whichever first occurs. A secondary metals recycler may retain an authorization letter on

50          file or the seller may present an authorization letter on the date of each purchase

51          transaction.

52   Sec. 43.91.     Same – Recyclers; Limitations on Cash Transactions.

53   (1)    A secondary metals recycler shall not enter into any cash transaction for purchase of

54          regulated metals property listed in Section 43.92 (1) of this Code.

55   (2)    Payment by a secondary metals recycler for the purchase of regulated metals property

56          listed in Section 43.92 (1) of this Code shall be made by check issued to the seller of the

57          metal and payable to the seller or by electronic payment to the seller’s or employee of the

58          seller’s bank account.

59   (3)    Each check for payment shall be mailed by the secondary metals recycler directly to the

60          current street address of the seller which is on file with the secondary metals recycler.

61          Payment shall not be mailed to a post office box. Electronic payments shall be sent to an

62          account for which the seller is listed as an account holder or an employee or agent

63          thereof.

64   (4)    Each check or electronic payment shall be mailed or electronically transferred by the

65          secondary metals recycler to the seller within three (3) days of the purchase transaction.

66   Sec. 43.92 Same - Restrictions on Purchases

67   (1)    A secondary metals recycler shall not purchase any of the following items of regulated

68          metal property without obtaining proof that the seller owns the property (such as by a

69          receipt or bill of sale), or proof that the seller is an employee, agent, or contractor of a

70          governmental entity, utility company, cemetery, railroad, manufacturer, or other person,

71          business, or entity owning the property authorized agent and the seller is authorized to

72          sell the item of regulated metal property on behalf of the person, business, or entity

73          owning the property:

74                 (a) A manhole cover.

 75   (b) An electric light pole or other utility structure and its fixtures, wires and

 76       hardware.

 77   (c) A guard rail.

 78   (d) A street sign, traffic sign, or traffic signal and its fixtures and hardware.

 79   (e) Communication, transmission, distribution, and service wire, including copper

 80       or aluminum busbars, connectors and grounding plates or grounding wire.

 81   (f) A funeral marker or funeral vase.

 82   (g) An historical marker.

 83   (h) Railroad equipment, including, but not limited to a tie plate, signal house,

 84       control box, switch plate, E clip, or rail tie junction.

 85   (i) Any metal item that is marked with any form of the name, initials, or logo of a

 86       governmental entity, utility company, cemetery, or railroad.

 87   (j) A copper or aluminum condensing or evaporator coil, including tubing or rods,

 88       from a heating or air conditioning unit.

 89   (k) An aluminum or stainless steel container or bottle designed to hold propane for

 90       fueling forklifts.

 91   (l) Stainless steel beer kegs.

 92   (m) A catalytic converter or any part of a catalytic converter.

 93   (n) Metallic wire that was burned in whole or in part to remove insulation.

 94   (o) Brass or bronze commercial valves or fittings, referred to as “FDC valves” that

 95       are commonly used on structures for access to water for the purpose of

 96       extinguishing fires.

 97   (p) Brass or bronze commercial potable water backflow preventer valves that are

 98       valves commonly used to prevent backflow of potable water into municipal

 99       domestic water service systems from commercial structures.

100   (q) A shopping cart.

101             (r) Copper piping or tubing exceeding twenty-five (25) pounds in weight.

102             (s) Copper guttering or downspouts.

103   (2)   To establish proof of ownership, for purposes of subsections 43.92 (1) (j), (m), (r), and (s)

104         only, a seller of regulated metals property may provide a signed statement stating that

105         she or he is the rightful owner of, or is entitled to sell the regulated metals property being

106         sold.

107   (3)   When any seller engages in a purchase transaction or attempts to engage in a purchase

108         transaction of any of the items listed above, the secondary metals recycler shall notify the

109         Orlando Police Department within 24 hours of the purchase transaction or attempted

110         purchase transaction. Notification for a purchase transaction shall include all of the

111         records required pursuant to Florida Statute section 538.19, except the amount of

112         consideration given in the purchase transaction. Notification for an attempted purchase

113         transaction shall include any information the secondary metals recycler is able to obtain

114         identifying the individual who attempted the purchase transaction and the regulated metal

115         property including, but not limited to photographs, video, vehicle description, vehicle tag,

116         physical description of the regulated metal property and the individual who attempted to

117         sell the regulated metal property.

118   (4)   The secondary metals recycler may provide a check at the time of the purchase

119         transaction, rather than mailing said check as required in Section 43.91 of this Code, if

120         the Seller is in one of the following exempt categories:

121            (a) Organizations, corporations, or associations registered with the state as charitable,

122                 philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored

123                 organizations or associations, or from any nonprofit corporation or association;

124            (b) A law enforcement officer acting in an official capacity;

125            (c) A trustee in bankruptcy, executor, administrator, or receiver who has presented

126                 proof of such status to the secondary metals recycler;

127                 (d) Any public official acting under judicial process or authority who has presented

128                    proof of such status to the secondary metals recycler;

129                 (e) A sale on the execution, or by virtue of any process issued by a court, if proof

130                    thereof has been presented to the secondary metals recycler; or

131                 (f) A manufacturing, industrial, or other commercial vendor that generates regulated

132                    materials in the ordinary course of business.

133   Sec. 43.93.      Penalty.

134          A violation of Sections 43.91 and 43.92 of this Code shall be punishable as provided in

135          Section 1.08 of this Code.

136          SECTION TWO:              If any section, subsection, sentence, clause, phrase or portion of

137   this ordinance is for any reason held invalid or unconstitutional by any Court of competent

138   jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and

139   such holding shall not affect the validity of the remaining portion thereof.

140          SECTION THREE:            This ordinance takes effect 60 days after date of on the date of

141   final passage.

142   ADVERTISED _____________________________________________________, 2010.

143   READ FIRST TIME _________________________________________________, 2010.

144   READ SECOND TIME AND ADOPTED ________________________________, 2011.

146                                                   ____________________________________
147                                                               Mayor
148   ATTEST:
150   ______________________________
151   Alana Brenner, City Clerk
153                                                   APROVED AS TO FORM AND LEGALITY
154                                                   for the use and reliance of the
155                                                   City of Orlando, Florida, only.
156                                                   _______________________________, 2011.
158                                                   _____________________________________
159                                                               City Attorney
160                                                               Orlando, Florida


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