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49-17 Scrap Metal Amendment
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49-17 Scrap Metal Amendment
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Last modified
8/10/2017 9:02:31 AM
Creation date
8/10/2017 9:02:11 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/14/2017
Bill Number
49-17
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(3) Exceptions for aluminum beverage cans and/or tin cans. Dealers or operators shall not be <br /> required to maintain records for aluminum beverage cans and/or tin cans, nor shall such items <br /> be required to be held for seven (7) or three (3) days under subsection (k)(3). <br /> (4) Exceptions for scraping of motor vehicles. Any municipality who brings in a motor vehicle(s) for <br /> scraping shall be exempt from the completion of the form addressed in this section with such <br /> municipality complying with all applicable provisions of IC 9-22-1 and other applicable State <br /> and/or Federal law requirements. <br /> (k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for Scrap <br /> Metal and/or Valuable Metals; Ferrous and/or Nonferrous Metal. <br /> (1) Every dealer or operator shall maintain a physical sales report of scrap metal and/or valuable <br /> metals. Each dealer or operator shall keep and preserve data on or through an electronic or <br /> computer data system database on a daily basis for the preceding twenty-four-hour period of all <br /> purchases of any scrap metal and valuable metal items, unless exempted by this section. Such <br /> information shall be sent via electronic forms of transmission to the South Bend Police <br /> Department using the Records Management System being used by the South Bend Police <br /> Department for the preceding twenty-four-hour period on a daily basis. The data shall include the <br /> time of purchase of any article of any scrap metal and/or valuable metals and include whether <br /> any is marked with a serial number or marked with an owner's engraving or mark. The reports <br /> must contain the seller's full legal name, physical address, date of birth, gender, race, height and <br /> width, the price paid for each item, the purchase date and time, a description of each article <br /> purchased, including identifying marks, engravings, the manufacturer of the item, model number <br /> of the item, the serial number of the item, and the seller's driver's license number or the number <br /> of any other identification issued by a governmental authority bearing the sellers' photograph with <br /> the dealer or operator being required to make a photocopy of the photographic identification <br /> presented at the time of transaction. Every dealer or operator is further required to record the <br /> motor vehicle license number of the vehicle of conveyance that delivered the valuable metal, the <br /> address from where the valuable metal was located before being brought to the dealer or <br /> operator, and a photograph of the valuable metal being sold, as well as a photograph of the <br /> person from whom the valuable metal is being purchased. The form shall also bear a digital <br /> photograph of the items being purchased and a clear, inked, or digital, impression of the seller's <br /> right thumb print and the same transaction number as recorded in the dealer's record book as <br /> required by paragraph (2) below. <br /> If the right thumb is missing any of the customers' fingerprints may be used with an identification <br /> of what finger is used in the right thumb's absence written adjacent to the inked or digital <br /> fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the <br /> Police Department and shall not be blurred or obliterated. <br /> (2) Any dealer or operator who is required to be licensed under this section and who has a record <br /> with the City of having violated any of the provisions of this section within the past calendar year, <br /> shall be required to place a hold on all ferrous and/or nonferrous metal purchased for a minimum <br /> period of five (5) business days after notification to the local law enforcement agency required by <br /> subsection (1) above, with any additional holding period required for enforcement and <br /> investigative purposes being determined on a case by case basis by the South Bend Police <br /> Department. The license issued under this section shall specify the amount of time the items are <br /> to be held. <br /> (3) The dealer or operator shall also record the seller's physical description and a description of the <br /> property purchased, as required by this section, and shall retain the physical sales report and <br /> information for three (3) years from the date of the last purchase recorded therein. <br /> (4) Any records required to be kept or maintained under this section shall be available at all times for <br /> inspection by the Police Chief or person duly authorized by him or her to inspect the records. <br /> (1) Operation and maintenance rules and regulations. <br /> Page 6 <br />
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