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HomeMy WebLinkAboutOrdinance 9182 =~ -~ ~; ~ Q f _ ?~ r a ; 7 .~ r ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 "SECONDHAND DEALERS", OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY ADDING ARTICLE III, "RECYCLERS"; PROVIDING DEFINITIONS; REQUIRING LICENSES FOR RECYCLERS; PROVIDING FOR A LICENSE FEE AND RENEWAL OF LICENSES; PROVIDING GROUNDS FOR DENIAL OF A LICENSE; REQUIRING THE LICENSE BE AVAILABLE FOR INSPECTION; PROHIBITING THE USE OF THE LICENSE BY OTHERS; PROVIDING FOR THE REVOCATION OF LICENSE AND PROCEDURES FOR THE APPEAL OF A DENIAL OR REVOCATION; REQUIRING RECYCLERS TO RECORD ALL PURCHASES OF MATERIALS; PROVIDING FOR IN- SPECTIONS OF MATERIALS BY ANY POLICE OFFICER; PROVIDING FOR EXEMPTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSS- MENT AND ENROLLMENT; PROVIDING A PENALTY; AND SETTING AN EFFECTI VE DATE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 22, "Secondhand Dealers", of the Code of the City of Fort Worth (1964), as amended, be amended by adding Article III as follows: ARTICLE III. RECYCLERS. Sec. 22-23. Definitions. For purposes of this Article, the following words and phrases shall have the meaning given herein unless their use in the text of this Article clearly demonstrates a different meaning: (a) "Person" shall mean any person, partnership, firm, corporation, or other business entity. (b) "Ferrous Metals" shall mean metals that contain sig- nificant quantities of iron or steel. (c) "Nonferrous Metals" shall mean metals not containing significant quantities of iron or steel, including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (d) "Other Recyclable Materials" shall mean materials, other than ferrous and nonferrous metals, that are or are capable of being subjected to recycling. (e) "Recycling" shall mean the gathering or obtaining of materials that have served their original economic purposes; the manufacturing process by which such materials are converted into raw-material products consisting of prepared grades and having an existing or potential economic value; and/or the use of such raw material products in the production of new goods or products. (f) "Recycler" shall mean any person in the City who, from a fixed location or otherwise, is predominately engaged in the business of recycling ferrous metals, nonferrous metals, or other recyclable materials. ,. ,. (g) "Recycling Facility" shall mean any establishment having facilities for the recycling of ferrous met- als, nonferrous metals, or other recyclable materi- als, other than by the exclusive use of hand tools, by methods including, but not limited to, the pro- cessing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, or shearing, or changing the physical form or chemical content, thereof. (h) "City" shall mean the City of Fort Worth, Texas. (i) "Materials", as hereinafter used, shall mean ferrous metals, nonferrous metals, and other recyclable mate- rials. Sec. 22-24. License requirement. No person shall, within the City, operate a recycling facility or otherwise engage in business as a recycler unless and until such person has obtained a license as provided herein: (a) Any recycler desiring a license shall make written application to the Chief of Police upon forms provid- ed by the police department. (b) The application must be signed and sworn to by the applicant before an officer authorized by law to administer oaths. (c) Recyclers shall pay an annual license fee in the amount of Twenty-Five Dollars ($25.00) to the City Tax Assessor-Collector. (d) Upon approval of the application by the Chief of Police and the payment of the license fee, the City Tax Assessor-Collector shall issue a license to the applicant. (e) All recyclers licenses shall expire one (1) year from date of issuance. Upon expiration, licenses shall be renewed for another year by the payment of the annual license fee of Twenty-Five Dollars ($25.00) to the City Tax Assessor-Collector. Sec. 22-25. Grounds for Denial. The Chief of Police may deny a license on one or more of the following grounds: (a) The applicant is under 18 years of age. (b) The applicant has made a false statement or misrepre- sentation of a material fact on the sworn application submitted to the Chief of Police. (c) The applicant has been convicted of a felony or any theft offense and three (3) years have not lapsed since the termination of any sentence, parole, or probation arising from such conviction. -2- f' a i,~ .7 ~~ .~ r Sec. 22-26. License to be Available for Inspection. Every recycler, while engaged in the conduct of its business, shall at all times have available for inspection its license to engage in such business. Sec. 22-27. Use of License by Others Prohibited. No recycler shall assign or transfer its license to another or knowingly permit its license to be used by another, and no person shall exhibit or use the license of any recycler, except one issued to the user, while engag- ing in the purchase or sale of materials. Sec. 22-28. Revocation of License. The Chief of Police, upon notice and hearing, may revoke the license of any recycler on any of the following grounds: (a) The recycler has made a false statement or misrepre- sentation of a material fact on the sworn application submitted to the Chief of Police. (b) The recycler has knowingly failed to make a report as required by Section 22-30 or has knowingly recorded false information of a material fact on a report required by said Section. (c) An employee or agent of a licensee has knowingly failed to make a report as required by Section 22-30 or has knowingly recorded false information of a material fact on a report required by said Section under circumstances which indicate that the licensee knew or should have known of his employee's or agent's conduct. (d) The recycler has unreasonably refused to allow the Chief of Police or any police officer of the City to inspect the records required by Section 22-30 of this Article or any materials purchased by the recycler, as required by Section 22-31 of this Article. (e) The recycler has violated any other provision or re- quirement of this Article. (f) The recycler has been convicted of a felony or any theft offense. Sec. 22-29. Appeal. (a) If the Chief of Police denies the issuance of a license or revokes a license, he shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The recycler may appeal the decision of the Chief of Police to the City Council within ten (10) days after receipt of the notice from the Chief of Police. The action of the Chief of Police is final unless a timely appeal is made. The filing of an appeal stays the action of the Chief of Police in revoking a license until the City Council makes its final decision. The City Council may, upon -3- c ` d y .rR notice and hearing, affirm, reverse, or modify the -= action of the Chief of Police, and the decision of the City Council is final. (b) When the Chief of Police revokes a license, and the recycler fails to appeal or the City Council denies its appeal, the revocation shall continue for a period of one (1) year from and after the date the revocation becomes final, and the recycler shall not be issued another license until the termination of such one (1) year period. Notwithstanding the forego- ing, if, subsequent to the revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the recycler may again be granted a license. If the license was revoked under Section 22-28 (f) of this Article, however, the recy- cler may not in any event be granted another license within three (3) years after the termination of any sentence, parole, or probation arising from the con- viction underlying the revocation. Sec. 22-30. Records Required of Recyclers. (a) Every recycler as defined in Section 22-23 of this Article shall keep a record of all purchases of materials made within the City. The recycler malting the purchase shall enter: (1) The date of the purchase; (2) The quantity and kind of materials purchased; (3) The price paid; (4) The name and address of the seller; and (5) In the event that the materials were delivered to the recycler by motor vehicle, the license number of the vehicle and the name of the issu- ing state. (b) In the event that a recycler purchases materials from another recycler as defined in Section 22-23 of this Article, the recycler may, in lieu of the information required by this Section, record the license number issued to such other recycler by the City. (c) All entries of information under Subsections (a) and (b) of this Section shall be signed or initialed by the recycler making such record or by an employee acting for such recycler. (d) Such record shall be preserved for two (2) years from the date of purchase, and shall, at all reasonable times, be opened to inspection by the Chief of Police or any police officer of the City. (e) Neither the recycler nor any employee of said recy- cler shall knowingly record false information of a material fact on the records required by this Section. -4- ~~ .. r y, r6 d ~ ,~ Sec. 22-31. Inspection. ~s ~y^' ~ ~ All materials purchased by any recycler shall, at all reasonable times, be open to inspection by any City police officer. Sec. 22-32. Implementation of Article; Exemptions. This Article shall not apply to: (a) Charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school sponsored organi- zations or associations or to any non-profit corpora- tions or associations. (b) Any person dealing solely in the purchase, sale, or trade of used or secondhand motor vehicles; (c) The occasional sale to the public of used or second- hand goods and wares that have been used primarily for personal, family, or household purposes by the owner if the seller, at the time of sale, is not engaged in the business for profit of selling goods of that or of a similar nature, which shall include garage sales conducted at a private residence and neighborhood garage sales; (d) Public and private auctions; (e) Sales made by any public officer in his official capacity as a trustee in bankruptcy, executor, admin- istrator, receiver, or public official acting under judicial process or authority, or sales on the execu- tion of, or by virtue of, any process issued by a court; (f) Sales and purchases made by the United States, the State of Texas, or the City of Fort Worth, or any political subdivision, department, or agency thereof; (g) Materials which are deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in con- nection with a pawn transaction under the provisions of the Texas Pawnshop Act; (h) Itinerant vendors as defined by Chapter 21 of the Code of the City of Fort Worth; provided, however, any itinerant vendor who purchases materials for purposes of recycling while doing business in the City shall comply with the reporting requirements in Section 22-30 of this Article. (i) Secondhand dealers as defined in Article I of this Chapter. (j) The purchase, sale, gathering, or collecting of aluminum beverage containers or similar beverage containers for the purpose of recycling. -5- ,; ti .. ;tl ~~ u ,. SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. r SECTION 4. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, as authorized By Article 1176b-1, Revised Civil Statutes of Texas. SECTION 5. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and the penalty clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. -6- ^,. _ • I ,. SECTION 6. That any person violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 7. This ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ ~ 2 ~" ' ~ `~ ADOPTED : ,~fp`~ EFFECTIVE : P~~ ~j ~~~Ia /~ lv -7- ,/IrtASFER FILE1 AIT1~, Mi71NliQER,1 ~~~- ~Cit~ of Fort worth, texas AAOOUNTINA~>Z J P11 ~ ®U YAi~~ ~./® ILU/~~~~ ~®~~ ILiV~~LL~II+~~ (L®~ TRANSPDRTATION~•3UQL'I(i WORKS•1!A LPtY 1 POLICE ADMIN DATE REFERENCE NUMBER SUBJECT PAGE F STRATIOK.n 8/28/84 G-6091 Recyclers Ordinance >ot 1 The Police. and Legal Departments previously submitted a revi.ae.d ordinance.vela- ti'ng to "'Secondhand Dealers"' T~zhicli. were hexe.tofore. regulated under the city's: ''J'unk" ord`~ance.. ThE M&C" accompanying this subl;jeet outlined the. necessity to create a separate ordinance. regulating t~usi'nesses. and individuals engaged in thE.process of buying and processing recyclable. scrap which. were also pre- vi.ously regulated by the ''Junk" ordinance. The M&C accompanying the Secondhand Dealers Ordinance noted that several meet- ings ti.etween the. Police. Department and those affected by this ordinance were held prior to the development of this ordinance. As a result of the meetings, general concurrence. on the provisions of the attached "Recycle.rs Ordinance"'was achieved. Recommendation 'R It is recommended that the City Council adopt the. attached ordinance regula- tang recyclable scrap material. VS:lb Attachment APPRQVED BY ~i CITY COU~1C(L Atl G 28 1984 ~~ ~~~~ Cite Seereioary of the Citp of Fort SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BV CIFFICE BY: Q APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: Ch.l2f HO kins CITY SECREiARt FOR ADDIi10NAU1NF0&AAATe~ H. L Clark Ext. 6410 CONTACT ep y l;^1 Adopted Ordinance No ~I~ ~ , r DATE