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.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORLANDO,
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;
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
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
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
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
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.
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.
159 City Attorney
160 Orlando, Florida