§ 98-35. Purchases of suspect secondary metals; limitations and notification.

(a)

Proof of ownership; authority to sell. A secondary metals recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller owns the property (such as by a receipt or bill of sale) or proof that the seller is an employee, agent or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, 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:

(1)

Manhole cover;

(2)

Electric light pole or other utility structure and its fixtures, wires and hardware;

(3)

Guard rail;

(4)

Street sign, traffic sign, or traffic signal and its fixtures and hardware;

(5)

Communication, transmission, distribution, and service wire, including copper or aluminum busbars, connectors and grounding plates or grounding wire;

(6)

Funeral marker or funeral vase;

(7)

Historical marker;

(8)

Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E clip, or rail tie junction;

(9)

Item marked with any form of the name, initials or logo of a governmental entity, utility company, cemetery or railroad;

(10)

Copper or aluminum condensing or evaporator coil, including tubing or rods, from a heating or air conditioning unit (excluding coils from window air conditioning units and automobiles);

(11)

Aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts;

(12)

Stainless steel beer kegs;

(13)

Catalytic converter or any part of a catalytic converter;

(14)

Metallic wire that was burned in whole or in part to remove insulation;

(15)

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;

(16)

Brass or bronze potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into water utility systems; or

(17)

Shopping cart.

(b)

Notification.

(1)

Generally. When any seller engages in a purchase transaction or attempts to engage in a purchase transaction of any of suspect regulated metals property listed in subsection 98-35(a), the secondary metals recycler shall electronically notify the Volusia County Sheriff's Office by no later than 10:00 a.m. on the following business day. If the secondary metals recycler is located within a municipality, it shall also provide said notification to its municipal police department in a format specified by that department. Notification for a purchase transaction shall include all records required pursuant to F.S. § 538.19. The Volusia County Sheriff's Office shall specify the format and method for electronic notification.

(2)

Retention of records. The secondary metals recycler shall retain a copy of records required in subsection (b)(1) for not less than five years from the date of the purchase transaction or attempted purchase transaction and, upon request, make them available for inspection by the Volusia County Sheriff's Office or municipal police department within 24 hours.

(Ord. No. 2010-22, § I, 1-20-11)