12-09-13 Common Council Agenda & Packet

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Electronic Reporting Ordinance Page 3 under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. (i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (18) years. Section II. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for Scrap Metal and /or Valuable Metals; Ferrous and /or Nonferrous Metal. (1) Every dealer or operator shall maintain a physical sales report of scrap metal and /or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding. 24 -hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department. The data shall include the time of purchase of any article of any scrap metal and /or valuable metals and include whether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) 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 one (1) business day after notification to the local law enforcement agency required by subsection (2) above. The license issued under this section shall specify the amount of time the items are to be held. (3) The dealer or operator shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical sales report and information for three (3) years from the date of the last purchase recorded therein.