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HomeMy WebLinkAboutOrdinance 21615-01-2015 I i ORDINANCE NO. 21615-01-2015 I AN ORDINANCE REPEALING AND RESTATING CHAPTER 20, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," ARTICLE XI "SECONDARY METAL RECYCLERS," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; I PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. I WHEREAS, large quantities of Regulated Materials are bought and sold by Metal Recycling Entities doing business in the City of Fort Worth; and i WHEREAS, the theft of Regulated Materials for sale to Metal Recycling Entities creates an economic hardship for persons and businesses in the City of Fort Worth; and i WHEREAS, the City Council deems it necessary to regulate and license Metal Recycling Entities to promote the recovery of stolen Regulated Material; and f WHEREAS, Section 1956.003(a) of the Texas Occupations Code allows the City of Fort Worth to adopt an ordinance more stringent, but that does not conflict with, state law to regulate Metal Recycling Entities; and i WHEREAS, Chapter 1956 of the Texas Occupations Code requires Metal I Recycling Entities to maintain Purchase Transaction records involving sales of Regulated Material; and WHEREAS, the City Council has determined that requiring Metal Recycling Entities to maintain an online Real-Time Electronic Web-Based Database, including Purchase Transaction records involving sales of Regulated Material in the City of Fort Worth, is a necessary exercise of the City's police power to promote the recovery of stolen Regulated Material; and WHEREAS, revisions to the City Code are necessary to conform to state law and aid in preventing the sale of illegally obtained Regulated Material. I NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: P i Ordinance No.21615-01-2015 I Page 1 of 11 1 i f 'I I i SECTION 1. f Chapter 20, "Licenses and Miscellaneous Business Regulations," Article XI "Secondary Metal Recyclers," of the Fort Worth City Code is hereby repealed and 1 restated in its entirety to read as follows: ARTICLE XI: METAL RECYCLING ENTITIES 1 I Sec. 20-383. Purpose. i This Article is an exercise of the City's police power to promote regulation of Metal Recycling Entities through the recovery of stolen property. In addition to state law, the City seeks to provide additional licensing, recordkeeping requirements, and enforcement procedures, that will enable the Fort Worth Police Department to identify and recover public and private property composed of certain metal that may have been illegally 4 appropriated. i Sec. 20-384. Definitions. i In this Article: 1 Chief of Police means the chief of police for the City of Fort Worth, or a designated representative. Clear Digital Still Color Photograph means a photo, of a resolution approved by the f Chief of Police, which accurately depicts the image being captured. Clear and Legible Thumbprint means an intentional recording of the friction ridge detail on the volar pads of the thumb. Licensee means a Person in whose name a license has been issued under this Article or a Person listed as an applicant on the application for a license. Metal Recycling Entity shall have the meaning assigned under Texas Occupations Code Section 1956.001(7). I Person means an individual, partnership, corporation,joint venture, trust, association and I any other legal entity. Personal Identification Document shall have the meaning assigned under Texas Occupations Code Section 1956.001(8). 1 Purchase Transaction means a transaction in which a Metal Recycling Entity gives consideration in exchange for Regulated Material. I 1 Ordinance No.21615-01-2015 Page 2 of 11 1 1 i I i i I j Real-Time Electronic Web-Based Database means the electronic filing system approved by the Chief of Police in which data is organized by fields and records, and that is capable of transmitting a file or responding to input immediately via the internet. Regulated Material shall have the meaning assigned under Texas Occupations Code Section 1956.001(9). I Seller means any Person who, in a Purchase Transaction, receives consideration from a Metal Recycling Entity in exchange for Regulated Material. See.20-385. Records required. 4 (a) A Metal Recycling Entity shall maintain an accurate and legible record of each Purchase Transaction. Each transaction must be recorded and filed separately. (b) With the exception of the sale or transfer of aluminum cans, a Metal Recycling Entity shall keep at its place of business a record in the Real-Time Electronic Web-Based Database, in which he or she shall enter daily in English, a full description of each Purchase Transaction at his or her place of business. The record must contain the items j required under Sections 1956.033 and 1956.0331 of the Texas Occupations Code as well as the following: w (1) The name and street address of the Metal Recycling Entity; 4 (2) The name or initials of the individual recording the information required by this section for the Metal Recycling Entity; i (3) The Seller's gender and birth date; i (4) The make, model, color and license plate number of the motor vehicle in which the property is delivered in a Purchase Transaction, along with a Clear Digital Still Color Photograph of the motor vehicle and any trailer attached to the motor vehicle and a Clear Digital Still Color Photograph of the associated license plate(s); i I (5) The time of the Purchase Transaction; (6) An accurate description of the Regulated Material purchased and the type of i metal from which the Regulated Material is made, including the weight, quantity or volume and a description, made in accordance with the custom of the trade, of the Regulated Material purchased, along with a Clear Digital Still Color i Photograph of the Regulated Material; I i (7) The amount of consideration given in a Purchase Transaction for Regulated Material; and Ordinance No.21615-01-2015 Page 3 of 11 i i I (8) A Clear and Legible Thumbprint of the Seller taken at the time of the Purchase Transaction. i I (c) All electronic submissions to the Real-Time Electronic Web-Based Database must be completed within twenty-four(24)hours of the Purchase Transaction. (d) A Metal Recycling Entity shall maintain on file the information required by Subsection (b) of this section for not less than two (2) years after the date of the Purchase Transaction. (e)A Seller shall comply with all requirements of Chapter 1956 of the Texas Occupations Code and in addition: I (1) Provide to the Metal Recycling Entity the make, model, color and license plate number of the trailer used to deliver the Regulated Material, and the name of the state issuing the license plate; and (2) Provide a Clear and Legible Thumbprint taken at the time of the Purchase Transaction. Sec. 20-386. Notice to Sellers. (a) In addition to the notice requirements contained in Section 1956.031(a)(1) of the Texas Occupations Code, a Metal Recycling Entity shall at all times also maintain in a prominent place in the Metal Recycling Entity's place of business, in open view to a Seller, a notice in two-inch lettering that includes the following clause or similar language approved by the Chief of Police: "A PERSON ATTEMPTING TO SELL ANY REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY CITY OF FORT WORTH ORDINANCE AND STATE LAW. I Sec. 20-387. Facsimile, electronic mail or similar equipment required. I i (a) A Metal Recycling Entity shall maintain at its place of business, or otherwise have immediate access to, electronic mail, a facsimile machine, or other equipment of similar function on which notifications of stolen property or other notifications relating to Regulated Material may be expeditiously received from the Fort Worth Police Department. The equipment must be operable at all times during the usual and customary business hours of the Metal Recycling Entity. The Metal Recycling Entity shall maintain the facsimile number, electronic mail address, or other access number of the equipment on file with the Chief of Police (or designee) and shall notify the Chief of Police (or designee) within twenty-four (24) hours after any change in the number or electronic mail address. Ordinance No.21615-01-2015 Page 4 of 11 I P i I (b) The Chief of Police (or designee) may provide to Metal Recycling Entities notices of, including, but not limited to: (1) Photocopies of fraudulent or forged Personal Identification Documents provided by Sellers under this article; (2) Individuals convicted of theft of Regulated Material for offenses arising in the u City of Fort Worth; and (3) Regulated Materials reported or suspected stolen. i i Sec. 20-388. Restrictions on the purchase of Regulated Material. ) (a) A Metal Recycling Entity shall conduct all Purchase Transactions only between the hours of 7:00 a.m. and 7:00 p.m. I (b)A Metal Recycling Entity shall not purchase Regulated Material from: (1)A Person who appears to be intoxicated, as defined by state law; or r (2) With the exception of the sale or transfer of aluminum cans, a Person who does not deliver the Regulated Material to the Metal Recycling Entity's place of business in a motor vehicle or in a trailer attached to a motor vehicle. i Sec. 20-389. Penalties. i All violations of Chapter 20, Article XI, of the Fort Worth City Code, except violations of Sections 20-388(a) and 20-390, by Sellers and Metal Recycling Entities, shall be punishable by a fine not to exceed five hundred dollars ($500.00) for each violation. Each day a violation occurs or continues to occur is a separate violation. Violations of Sections 20-388(a) and 20-390 shall be punishable under state law. Sec. 20-390. License required. (a) In order to operate as a Metal Recycling Entity in the City of Fort Worth, the Metal Recycling Entity must be issued a license by the City's Planning and Development Department. i (b) An application for a license must be made on a form provided by the City's Planning and Development Department. (c) A Person who wishes to purchase Regulated Material for resale or salvage use must E sign the application as applicant. If the Person is a legal entity, an individual with authority to bind the legal entity must sign the application as applicant and identify each individual who has a twenty (20) percent or greater interest in the legal entity on the application for a license. An individual who has a twenty (20) percent or greater interest f Ordinance No.21615-01-2015 Page 5 of 11 i in a legal entity must satisfy the criteria under Section 20-391. Each applicant will be considered a Licensee if a license is granted. Sec. 20-391. Application for issuance of license; fees; posting. i (a) The City's Planning and Development Department may issue a license to an applicant within thirty (30) days after receipt of an application after the City's Police Department has confirmed that all of the following requirements are met: (1) The applicant is at least eighteen (18) years of age; (2) The applicant is not overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant; i (3) The applicant has not refused to answer or has not falsely answered a question or request for information on the application form provided; i (4) The applicant has not been convicted of two (2) or more offenses under this Article, other than the offense of conducting business as a Metal Recycling Entity without a license, within two (2) years immediately preceding the application; h (5) The applicant has obtained a certificate of occupancy for the premises in j which the applicant intends to do business, and the Metal Recycling Entity, or its location, would not otherwise be in violation of any applicable City ordinance or state or federal law; i (6) The license fee required by this Article has been paid; i (7) The applicant has obtained a certificate of registration from the Texas Department of Public Safety, as required by Section 1956.021 of the Texas Occupations Code; (8) The applicant has not been convicted of any felony or a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three (3) years has elapsed since the termination of any sentence, parole, or probation. A pardon shall be given full legal effect. If three (3) years have elapsed, the City's Police Department shall, in accordance with Section 53.023 of the Texas Occupations Code determine the present fitness of the applicant to be licensed from the information and evidence presented with the application; and j (9) The applicant has not been convicted of an offense under any federal or state law providing recordkeeping or licensing requirements for persons purchasing or selling Regulated Material, and three (3) years have elapsed since the termination of any sentence, parole, or probation for such offense. Ordinance No.21615-01-2015 j Page 6 of 11 I i i i (b) The applicant shall work with the City's Planning and Development Department and the City's Police Department to provide all paperwork or information necessary to process an application and make a determination of fitness to be licensed in accordance with Section 20-391. (c) The license, if granted, must state on its face the name of the Person to whom it is granted, the expiration date, and the address of the premises for which the license is granted. A license issued pursuant to this Article is valid only for the location stated in the application and the Person listed on the license application. Should any Licensee move its place of business from the place stated on the license to a new location the Licensee shall give the City's Planning and Development Department prior written notice and present the license to the City's Planning and Development Department to have the j change of location noted on the license. Should any Licensee change ownership to where an individual has a twenty (20) percent or greater interest in the Metal Recycling Entity, the Licensee shall give the City's Planning and Development Department prior written notice and present the license to the City's Planning and Development Department to confirm that the new owner satisfies the criteria outlined in Section 20-391(a). I (d) The Metal Recycling Entity shall pay an annual license fee in the amount of two hundred fifty dollars ($250.00) to the City's Planning and Development Department. (e) A license must be posted in a conspicuous place at or near the entrance to the Metal Recycling Entity so that it may be easily read at any time. 3 (f) If the City's Planning and Development Department determines that issuance or renewal of a license should be denied based on a recommendation from the City's Police Department, the City's Planning and Development Department shall send to the applicant by certified mail, return receipt requested, a written statement of the reasons for the denial and of the applicant's right to appeal. i Sec. 20-392. Expiration of license; renewal. ! i Each license will expire one (1) year from the date of issuance and may be renewed only i by making application as provided in Section 20-391 of this Article. Application for renewal must be made at least forty-five (45) days before the expiration date. Sec. 20-393. Suspension. The Chief of Police shall recommend suspension of a license to the City's Planning and Development Department for a definite period of time, not exceeding thirty (30) days, if: f (a) The Licensee, a corporate officer or an employee of the Licensee has: I (1) Received, in the aggregate, two or more convictions under this Article within II any six-month period; or Ordinance No.21615-01-2015 Page 7 of 11 I I I i (2) Intentionally or knowingly impeded or refused to allow an inspection by a peace officer, a representative of the City of Fort Worth, a representative of a j county, or a representative of the Texas Department of Public Safety as authorized under this Article. (b) The City's Planning and Development Department finds that there is cause for a i suspension based on a recommendation from the City's Police Department, the Licensee shall be notified in writing within ten (10) days of the Department's decision, by certified mail, return receipt requested. The notice shall include a written statement of the reasons for the suspension, the duration of the suspension, and the Licensee's right to appeal. (c) A Licensee whose license is suspended may not operate as a Metal Recycling Entity 1 inside the City during the period of suspension. (d) Only the City's Planning and Development Department or the City Manager may suspend a license issued under this Article. a i i Sec. 20-394. Revocation or denial. I (a) The City's Planning and Development Department shall revoke or deny the issuance or renewal of a license if, based on a recommendation from the City's Police Department: (1) A Licensee has given a false statement in the submission of an application j under Section 20-391(a) of this Article; i (2) A Licensee, a corporate officer, or an employee of the Licensee has been convicted within a two (2) year period of two (2) or more offenses under this Article. If a conviction is appealed and affirmed, the time period between conviction and final disposition on appeal of the conviction is not included in calculating the two (2) year period; (3) A cause for suspension occurs under Section 20-393, and the license has been previously suspended in accordance with this Article in the preceding twelve (12) months; or (4) The Licensee does not qualify for a license under Section 20-391(a). I (b) The City's Planning and Development Department shall notify the Licensee within ten (10) days of its decision to revoke or deny the issuance or renewal of a license, by certified mail, return receipt requested. The notice shall include a written statement of the reasons for the revocation or denial, and of the Licensee's right to appeal. j (d) Revocation of a license under this section shall continue for a minimum of one (1) year. A Licensee may not be issued a new license for a period of one (1) year from the i date revocation became final. If the license was revoked under Section 20-391(a)(4) of I Ordinance No.21615-01-2015 Page 8 of 11 i I I I i i 4 I j this Article, an applicant may not be granted another license within two (2) years of the I date of conviction. If the license was revoked under Sections 20-391(a)(8) or 20- i 391(a)(9) of this Article, an applicant may not be granted another license within three (3) years of the termination of any sentence,parole, or probation. (e) Only the City's Planning and Development Department or the City Manager may revoke or deny a license under this Article. ` Sec. 20-395. Appeal. If the City's Planning and Development Department suspends a license or revokes or i denies the issuance or renewal of a license, that decision is final, unless the aggrieved party makes a timely appeal to the City Manager. An appeal shall be considered timely if it is filed with the City Manager's Office within thirty (30) days of the suspension, 4 revocation, or denial. The filing of an appeal stays the action of the suspension, 6 revocation, or denial until the City Manager makes a final decision. The decision of the r City Manager is final. Sec 20-396. Transfer of license. A Licensee shall not: (1) Transfer a license issued under this Article to another Person; or i (2) Operate a business engaged in the purchase of Regulated Material for resale or salvage use under the authority of a license at any location other than the address designated in the license application. SECTION 2. f This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth Texas 1986 as amended except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in i which event conflicting provisions of such ordinances and such Code are hereby repealed. I SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, i sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, i clause, sentence,paragraph or section of this ordinance shall be declared unconstitutional by f I Ordinance No.21615-01-2015 Page 9 of 11 i I I I 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 i incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, j paragraph or section. j i SECTION 4. a I All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of the City, that have accrued at the time of the effective date of this I ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be 0 affected by this ordinance, but may be prosecuted until final disposition by the courts. I ffI SECTION 5. All violations of Chapter 20 Article XI, of the Fort Worth City Code, except violations of Sections 20-388(a) and 20-390, by Sellers and Metal Recycling Entities, I shall be punishable by a fine not to exceed five hundred dollars ($500.00) for each 4 I violation. Each day a violation occurs or continues to occur is a separate violation. I Violations of Sections 20-388(a) and 20-390 shall be punishable under state law. i I I Ordinance No.21615-01-2015 ,I Page 10 of 11 I i i I I SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish I the caption, penalty clause and effective date of this ordinance for two (2) days in the I i official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, I r Texas Local Government Code. V SECTION 7. I This ordinance shall take effect upon adoption and publication as required by law, 1 and it is so ordained. I APPROVED AS TO FORM ATTEST: p AND LEGALITY: O)J CA f Jessica San s ang M Kay ' I�I Assistant Ci Attorney II City Secret I i i ADOPTED: January 27, 2015 EFFECTIVE: I I r I i +f I i f I I Ordinance No.21615-01-2015 I Page 11 of 11 6 P City f Fort Worth Texas i y ' Mayor and Council Communication j COUNCIL°.ACTION `'A roved on 1%27/20.15 Ordmancey No DATE: Tuesday, January 27, 2015 REFERENCE NO.: **G-18398 j LOG NAME: 35METAL RECYCLING ENTITIES ORDINANCE SUBJECT: Adopt Ordinance Repealing and Restating Chapter 20, Article XI, Secondary Metal Recyclers of the Code of the City of Fort Worth to Rename the Article as Metal Recycling Entities, Update the Ordinance to I Conform to State Law Changes and Add Electronic Reporting Requirements (ALL COUNCIL DISTRICTS) I RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance repealing and restating Chapter 20, Article XI, Secondary Metal Recyclers of the Code of the City of Fort Worth to rename the article as Metal i Recycling Entities, update the ordinance to conform to state law changes and add electronic reporting requirements. j I DISCUSSION: i Thefts of metal, air conditioners, catalytic converters and other regulated materials have continued to increase throughout the City. Residents and businesses have also suffered economic hardships from the resulting costs of damages and repairs associated with these thefts. Large quantities of regulated materials are bought and sold by metal recycling entities doing business in the City of Fort Worth. It is necessary to regulate and license metal recycling entities to promote the recovery of stolen regulated material. Chapter 1956 of the Texas Occupations Code regulates metal recycling entities and allows municipalities to adopt ordinances for enforcement. Chapter 20, Article XI of the Code of the City of Fort Worth (City Code) currently regulates metal recycling entities; however, it does not reflect many changes that the I Texas Legislature has made to Chapter 1956 over the last several years and is inadequate to allow the I metal recycling entities and the Police Department to coordinate enforcement efforts to recover stolen j property and apprehend criminals. I Staff proposes to repeal and restate Chapter 20, Article XI, Secondary Metal Recyclers of the City Code to, among other things: . Rename the Article as Metal Recycling Entities; . Define necessary terms; . Enhance recordkeeping requirements for metal recycling entities; . Require thumbprints of sellers of regulated material; C . Require regulated material to be delivered in a motor vehicle, except aluminum cans; . Require metal recycling entities to report purchases to a real-time electronic web-based database; . Issue licenses through the City's Planning and Development Department based on recommendations from the City's Police Department; . Make changes to conform to state law; and . Provide a criminal penalty for all other violations of the ordinance in the amount not to exceed j $500.00. Logname: 35METAL RECYCLING ENTITIES ORDINANCE Page 1 of 2 ii I I The newly updated ordinance will allow the Police Department to work with the metal recycling entities to better detect, deter and track thefts of regulated materials in the City of Fort Worth. I I� FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers I 4 - I CERTIFICATIONS: I Submitted for City Manager's Office by: Charles Daniels (6199) i Originating Department Head: Jeffrey W. Halstead (4231) Aya Ealy (4239) Additional Information Contact: Shawn Stone (4601) If 1 i I i i i I I I i I I i i 1 l I I i I { i j I 1 I Logname: 35METAL RECYCLING ENTITIES ORDINANCE Page 2 of 2