9673-06 Amend Chapter 4 - Theft of Aluminum, Copper, and Related Items

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Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance Substitute Bill No. 12-06 Page 9 (2) Within twenty-four (24) hours from the date of purchase of scrap metal and/or valuable metal the dealer or operator shall notifXthe local law enforcement agency of the description of the purchase and the name of the individual or individuals who sold the product to the dealer or operator. (3) Any dealer or operator who is required to be licensed under this _Section and who has a record with the City of having violated any of the provisions of this Section within the past calendar year, shall be required to place a hold on all ferrous and/or nonferrous metal purchased for a period of two (2) business days after notification to the local law enforcement agency required in paragraph (2) above. However, if such dealer or operator maintains the information required herein in a computer program compatible with a program maintained by the South Bend Police Department or pre-approved by the South Bend Police Department, and sends reports of each dates transactions as required after the close of each business day, that dealer or operator shall onl b~ e required to hold the items for one (1) business day prior to resale or disposal. The license issued under this section shall specify the amount of time the items are to be held. (1) Operation and maintenance rules and regulations: (1) All scrap and junkyards, and recycling operations shall be maintained and operated in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City. (2) The operators of such yards shall conform with the following rules and regulations: a. Minimum lot area for new yards: All new scrap and junkyards, and recycling operations shall have a minimum lot area of five (5) acres and shall be zoned " dial GI General Industrial District pursuant to the zoning provisions of this Code. b. Fencing: There shall be two (2) types of fencing required to enclose all scrap and junkyards, and recycling operations, 1. Type A fencing shall consist of fireproof material and shall be a minimum of six (6) feet in height, and constructed so that it can retain all scrap and junk materials within such yards. This fencing shall be of uniform material and color and shall be kept in good repair at all times. Type A fencing shall be used except when Type B fencing is specifically required. 2. Type B fencing shall consist of opaque or solid fireproof material, and shall be a minimum of eight (8) feet in height. It shall be erected along or near the outside edges of the scrap or junkyard, or recycling operation ,and shall completely surround the scrap or junk materials to be stored on the premise's. Such fencing shall be of uniform material and color, and shall be kept in good repair at all times. Provided, that any Type B fencing which shall be erected, as required by this section, shall be a minimum of eight (8) feet in height. All new businesses or existing businesses which expand or replace Type B