Chapter 185 - JUNK DEALERS, SECONDHAND DEALERS, PRECIOUS METALS DEALERS, AND SECONDARY METALS RECYCLERS

Sec. 180.107. - Annual Reporting. Chapter 191 - SPECIAL EVENTS AND A. PHILIP RANDOLPH ENTERTAINMENT DISTRICT Chapter 185 - JUNK DEALERS, SECONDHAND DEALERS, PRECIOUS METALS DEALERS, AND SECONDARY METALS RECYCLERS[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2011-766-E, § 1, amended the Code by changing the title of Ch. 185. Formerly, Ch. 185 was entitled "Junk Dealers, Secondhand Dealers and Precious Metals Dealers."

State Law reference— Dismantling, destruction, change of identity of motor vehicle or motor home, F.S. § 319.30; Florida Junkyard Control Law, F.S. § 339.241; secondhand dealers and secondary metals recyclers, F.S. Ch. 538.

State rule reference—Highway beautification program, F.A.C. Ch. 14-10.

PART 1. - PERMIT REQUIREMENTS; PENALTIES AND ENFORCEMENT

Sec. 185.101. - Definitions.

As used in this Chapter:

(a)

Junk means an item of tangible personal property which is useless for its original purpose.

(b)

Junk dealer means any person having an established place of business in the City, dealing in junk, who is not a junk gatherer.

(c)

Junk gatherer means any person not having an established place of business in the City who acquires junk from others or who acquires or hauls junk which has not theretofore been purchased by a junk dealer.

(d)

Secondhand dealer means all persons in the business of purchasing secondhand articles for sale.

(Ord. 72-170-64, § 2; Ord. 78-519-223, § 1; Ord. 83-60-26, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.106.

Sec. 185.102. - Permit requirements.

No person shall engage in any of the businesses regulated by this Chapter without a permit from the Sheriff. Permits shall be issued upon application stating:

(a)

The name and age of the applicant or, in the case of a business entity, the names and ages of its principals and officers;

(b)

The type of permit desired and the location of the business; and

(c)

Such other information as is required by law and as the Sheriff deems reasonably necessary to enable him to effectively enforce the applicable provisions of this Chapter and regulations promulgated hereunder.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.101.

Sec. 185.103. - Grounds for denial of permit.

The Sheriff shall deny a permit under this Chapter whenever he finds that the applicant or its principals and officers:

(a)

Are under 18 years of age;

(b)

Have been convicted of a felony within the last five years; or

(c)

Have been convicted of a violation of this Chapter or any similar ordinance or had a permit revoked under this Chapter or any similar ordinance.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.102.

Sec. 185.104. - Expiration and renewal of permits.

All permits issued under this Chapter shall expire on September 30 annually and may be renewed from year to year upon the filing of a renewal application and a finding by the Sheriff that the applicant has complied with the applicable provisions of this Chapter.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.103.

Sec. 185.105. - Permit suspension and revocation.

(a)

Grounds. In addition to any other penalty, the Sheriff may suspend or revoke a permit for:

(1)

Violation of a provision of this Chapter or of any provision of the Ordinance Code relating to deceptive trade practices.

(2)

Filing a false or misleading statement in an application for a permit.

(3)

Conviction for:

(i)

Fraud or misrepresentation in the sale of merchandise,

(ii)

A deceptive trade practice, or

(iii)

Sale of food, drink or drugs in violation of the Health Code or any similar State or federal law.

(b)

Procedure.

(1)

The Sheriff shall deliver to the holder of the permit, by mail or delivery at the business premises, written notice of the proposed cause for suspension or revocation and of the date, time and place of the hearing at which the holder of the permit may be heard, be represented by counsel and produce evidence.

(2)

At the hearing, the Sheriff shall consider the evidence produced and enter an appropriate order, a copy of which shall be delivered to the holder of the permit by mail or delivery at the business premises. An order of suspension or revocation shall be effective on the fifth day after delivery or mailing.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.104.

Sec. 185.106. - Penalty.

It shall be unlawful for any person to violate any provision of this Chapter. Where no other penalty is provided, violation of any provision of this Chapter shall be punishable as for a class C offense and, upon conviction for a second offense, the permit issued pursuant to this Chapter may be revoked by the Sheriff.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.105.

PART 2. - JUNK

Sec. 185.201. - Reserved.

Editor's note— The provisions of former § 185.201, relative to permit requirements, were deleted as part of the Super Supplement to the Code. Former § 185.201 derived from Ord. 72-170-64, § 2; Ord. 83-591-400, § 1.

Note— Former § 428.501.

Sec. 185.202. - Dealers purchasing only from gatherers regulated.

No junk dealer shall acquire junk:

(a)

From any person engaged in the business of gathering junk except a licensed junk gatherer.

(b)

From a licensed junk gatherer, of a value of more than $25 per transaction, unless the transaction is evidenced by a written bill of sale executed by the junk gatherer.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.502.

Sec. 185.203. - Junk gathered only from residence or place of business.

No junk gatherer shall acquire junk from any person except at his known residence or place of business.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.503.

Sec. 185.204. - Reports to Sheriff.

Every junk gatherer and junk dealer shall make a written report to the Sheriff, within 24 hours after the acquisition of junk, containing:

(a)

A full description of the junk, with trademark or registered name if so marked,

(b)

The name and address of the transferor, and

(c)

The license number of the vehicle in which the junk was delivered.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.504.

Sec. 185.205. - Holding period for junk.

(a)

Every junk gatherer shall hold in its condition at receipt all junk for a period of five days, not to include weekends or legal holidays, after report is made to the Sheriff and, if the Sheriff has reason to believe that any junk has been wrongfully acquired, for such additional reasonable time as will enable him to investigate the matter.

(b)

Every junk dealer shall (1) issue a written receipt for all junk received and (2) hold all junk and any payment therefor on deposit for a period of five days, not to include weekends or legal holidays, after report is made to the Sheriff. During that time, unless the transferor is personally well known to the dealer and has a fixed residence in the City, it shall be the Sheriff's duty to investigate each acquisition of junk by the dealer and approve it before the dealer disposes of the junk.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.505.

Sec. 185.206. - Dealing in permanent receptacles regulated.

No junk gatherer or junk dealer shall deal in new or secondhand bottles or other permanent receptacles:

(a)

Which are marked to indicate that they have not been sold, without the prior written consent of the owner.

(b)

Which are impressed with a registered trademark or trade name under state law, without the prior written consent of the person entitled to the use of the trademark or trade name.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.506.

Sec. 185.207. - Business hours.

No junk dealer shall acquire, and no junk gatherer or other person shall dispose of junk between the hours of:

(a)

6:00 p.m. and 7:00 a.m. on week days, and

(b)

6:00 p.m. on Saturday and 7:00 a.m. on the following Monday.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.507.

Sec. 185.208. - Acquisition from minors.

No junk dealer shall acquire junk from any person under 18 years of age.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.508.

PART 3. - SECONDHAND ARTICLES

Sec. 185.301. - Reserved.

Editor's note— The provisions of former § 185.301, relative to permit requirements, were deleted as part of the Super Supplement to the Code. Former § 185.301 derived from Ord. 72-170-64, § 2; Ord. 83-60-26, § 2; Ord. 83-591-400, § 1.

Note— Former § 428.601.

Sec. 185.302. - Report to Sheriff.

Every secondhand dealer shall make a written report to the Sheriff, within 24 hours after the acquisition of a secondhand article, containing a description of the article. Every dealer shall keep a record of purchases from members of the general public. The record shall include:

(a)

A description of the article purchased;

(b)

The identification number or other identifying mark, if any;

(c)

The date of the purchase;

(d)

The name of the seller; and

(e)

A driver's license or official State identification number furnished by the seller.

The record shall be retained by the dealer at the place of purchase for a period of at least one year and be made available for inspection upon request by any law enforcement officer.

(Ord. 72-170-64, § 2; Ord. 83-60-26, § 3; Ord. 83-591-400, § 1)

Note— Former § 428.602.

Sec. 185.303. - Holding period for secondhand articles.

Every secondhand dealer shall hold in its original condition at receipt all secondhand articles for a period of seven days prior to resale, not to include weekends or legal holidays, after report is made to the Sheriff; shall give the Sheriff any requested information concerning the acquisition; and shall hold the property for such additional reasonable time as will enable him to investigate the matter.

(Ord. 72-170-64, § 2; Ord. 83-60-26, § 4; Ord. 83-591-400, § 1)

Note— Former § 428.603.

Sec. 185.304. - Business hours.

No secondhand dealer shall acquire the following secondhand articles between the following hours:

(a)

Secondhand plumbing and electrical equipment:

(1)

6:00 p.m. and 7:00 a.m. on week days, and

(2)

6:00 p.m. on Saturday and 7:00 a.m. on the following Monday.

(b)

Other secondhand dealers:

(1)

6:00 p.m. and 7:00 a.m. on week days, and

(2)

10:00 p.m. on Saturday and 7:00 a.m. on the following Monday.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.604.

Sec. 185.305. - Secondhand dealers in plumbing and electrical equipment: acquisition from minors.

No secondhand dealer in secondhand plumbing or electrical equipment shall acquire such property from any person under 18 years of age.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.605.

Sec. 185.306. - Secondhand bicycles.

(a)

Every person acquiring used bicycles, parts or tires shall:

(1)

Deliver to the transferor a written bill of sale for the property received, containing the maker's name and the article's serial number or description, as applicable.

(2)

Make a written report to the Sheriff upon acquisition, containing the name of the transferor, the number of the bicycle frame, the make of the bicycle and the make of the tire, as applicable.

(3)

Hold the acquired property at least ten days after report is made to the Sheriff before offering it for sale.

(b)

No person shall acquire a used bicycle or used bicycle frame on which the serial number has been defaced.

(c)

No person shall acquire a used bicycle, used bicycle part or used bicycle tire without first requiring positive proof of ownership in the seller.

(d)

The Sheriff may examine all stocks of used bicycles, used bicycle parts and used bicycle tires for the purpose of locating stolen property.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.606.

Sec. 185.307. - Dismantled automobiles.

Every person acquiring a secondhand automobile and desiring to use its parts shall first notify the Sheriff in writing, including a description and ownership of the automobile and such other information as the Sheriff may reasonably require for the purpose of locating stolen property.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.607.

Sec. 185.308. - Building wreckers and secondhand building material dealers.

(a)

Every wrecker of a building shall make a written report to the Sheriff within 24 hours thereafter, containing a description of the building, a legal description of the affected land and the name and address of the person from whom the property was purchased.

(b)

Every dealer in secondhand building material shall make a written report to the Sheriff within 24 hours after the acquisition of secondhand building materials, containing a description of the property acquired and the name and address of the transferor.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.608.

Sec. 185.309. - Serial number records.

Every person engaged in the business of purchasing, selling, trading or otherwise dealing for profit in new or used automobiles, appliances, bicycles or any other merchandise which is identifiable by serial number shall print the serial number on a bill of sale or other written record of the transaction.

(Ord. 72-170-64, § 2; Ord. 83-591-400, § 1)

Note— Former § 428.609.

Sec. 185.310. - Lawful owner's right of recovery.

The lawful owner of any stolen property, which is in the possession of a secondhand dealer, may recover the property by informing any law enforcement officer of the location of the property and providing the officer with proof of ownership of the property; provided, that a timely report of the theft of the property was made to the proper authorities. Upon the receipt of proof, the law enforcement officer is authorized to recover the property from the dealer, without expense to the lawful owner, unless the dealer presents evidence of having received proof of ownership of the property from the person who sold it to the dealer. Property recovered from a dealer pursuant to this Section shall be returned to the lawful owner subject to its use as evidence in criminal proceedings.

(Ord. 83-60-26, § 5; Ord. 83-591-400, § 1)

Note— Former § 428.610.

PART 4. - DEALERS IN SECONDHAND PRECIOUS METALS AND JEWELRY

Sec. 185.401. - Finding and determination.

The Council finds that:

(a)

Dealers in secondhand precious metals and jewelry are operating without adequate regulation in the City; and

(b)

There is substantial reason to believe that such lack of regulation is resulting in increased criminal activity.

Therefore, the Council determines that additional regulation of dealers in secondhand precious metals and jewelry is needed to preserve and protect the public health and welfare.

(Ord. 81-183-55, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.1001.

Sec. 185.402. - Definitions.

As used in this Part:

(a)

Dealer means any person, or any principal, employee or agent thereof, engaged in or conducting business by the purchase, sale, barter or exchange of secondhand precious metals or secondhand jewelry.

(b)

Secondhand jewelry means any item of personal property or object of value previously owned or used, which is not sold as new, and which contains one or more diamonds, emeralds, rubies or sapphires.

(c)

Secondhand precious metal means any item of personal property or object of value, previously owned or used, which is not sold as new, and which contains gold, silver or platinum, but shall not include any coins with an intrinsic value less than its numismatic value, any bullion coin or any gold, silver or platinum bullion that has been assayed and is properly marked with its weight and fineness by any person whose primary business is dealing in gold or silver coins if such business is licensed pursuant to law.

(Ord. 81-183-55, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.1002.

Sec. 185.403. - Reserved.

Editor's note— The provisions of former § 185.301, relative to permit requirements were deleted as part of the Super Supplement to the Code. Former § 185.403 was derived from Ord. 81-183-55, § 1; Ord. 83-591-400, § 1.

Note— Former § 428.1003.

Sec. 185.404. - Records of transactions.

(a)

Every dealer shall keep a record of all purchases of secondhand precious metals and secondhand jewelry, which record shall contain:

(1)

The name, address, date of birth, sex and race of each person from whom the secondhand precious metals or secondhand jewelry are purchased, including the signature of the person selling the same, together with the person's operator's license number, official military identification card number or official State identification card number.

(2)

A specific description of the item purchased, which description shall be accurate and as reasonably complete as the nature of the item permits and shall make reference to any permanent marking on the item, including, but not limited to, a brand, monogram, hallmark or pattern.

(3)

The estimated quantity or weight of precious metal purchased.

(4)

The date of the purchase.

(b)

The records shall at all times be subject to inspection by all law enforcement officers and shall be preserved for a period of three years after purchase.

(c)

The records of purchases of secondhand precious metals and secondhand jewelry shall be submitted to the Sheriff within 24 hours after purchase.

(Ord. 81-183-55, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.1004.

Sec. 185.405. - Holding period.

No secondhand precious metals or secondhand jewelry shall be transferred outside the City, sold, melted, altered or otherwise disposed of by any dealer until five days after the date of submission of a record of its purchase to the Sheriff. During this period, the item shall be made available for inspection by any law enforcement officer upon request.

(Ord. 81-183-55, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.1005.

Sec. 185.406. - Purchase from minors prohibited.

No dealer shall purchase any secondhand precious metals or secondhand jewelry from any person under the age of 18 years.

(Ord. 81-183-55, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.1006.

Sec. 185.407. - Unlawful acts.

It shall be unlawful and a class D offense for any person to:

(a)

Operate as a dealer without having first obtained a permit as required by Section 185.402.

(b)

Give or display any false identification or sign a false name when required to furnish identification and signature by a dealer pursuant to Section 185.403(a)(1).

(c)

Fail to comply with any provision of Sections 185.403—185.406.

(Ord. 81-183-55, § 1; Ord. 83-591-400, § 1)

Note— Former § 428.1007.

PART 5. - SECONDARY METALS RECYCLERS

Sec. 185.501. - Findings and Determination.

The Council finds that:

(a)

Existing State regulation of secondary metals recyclers has not provided law enforcement with sufficient ability to regulate the traffic in certain secondary metals to reduce thefts of the above mentioned metals; and

(b)

There is substantial reason to believe that the lack of adequate State regulation has resulted in an increase in theft of certain regulated metals property; and

(c)

The City of Jacksonville is authorized by F.S. § 538.17 to enact more restrictive legislation than exists in F.S. Ch. 538; and

(d)

Additional local regulation of the sale of a certain, narrow category of regulated metals property and restricted regulated metals property, as defined herein, will reduce the numbers of property thefts occurring in Duval County and will protect the health, safety and welfare of the citizens of Duval County; and

(e)

The Council is acting herein as the governing body for Duval County, Florida and this Part shall be effective County-wide, including the General Services District and Urban Services Districts 2, 3, 4 and 5, which are the three beaches cities and the Town of Baldwin.

(Ord. 2011-766-E, § 1)

Sec. 185.502. - Definitions.

As used in this Part:

(a)

Ferrous Metals means any metals containing significant quantities of iron or steel.

(b)

Fixed Location means any site occupied by a secondary metals recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 days.

(c)

Money means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency.

(d)

Nonferrous Metals means metals not containing significant quantities of iron or steel, including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, but excluding precious metals subject to regulation under F.S., Part I, Chapter 538, except that automotive catalytic converters or similar devices containing any recoverable quantity of platinum shall be included in this category.

(e)

Purchase Transaction means a transaction in which a secondary metals recycler gives a seller or transferor money or any other form of valuable consideration in exchange for the receipt of restricted regulated metals property.

(f)

Reasonable Written Proof means a bill of sale or other document of a type customarily relied upon in the ordinary course of business to establish that a seller is either the lawful owner or an authorized seller of the restricted regulated metals property. An example of such documentation would include, but is not limited to, a signed letter on corporate letterhead stating that the seller is an authorized agent of the corporation and is empowered to sell or dispose of the company's property.

(g)

Regulated Metals Property means any item composed primarily of nonferrous metals, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers. For purposes of enforcement under this Ordinance, the term shall also include stainless steel beer kegs.

(h)

Restricted Regulated Metals Property means the following specific metal items and includes both the entire item and/or any portion thereof:

(1)

A manhole cover;

(2)

An electric light pole or other utility structure and its fixture wires, and hardware which are readily identifiable as coming from the utility structure;

(3)

A guard rail;

(4)

A street sign, traffic sign, or a traffic signal or its associated hardware;

(5)

Communication, transmission, distribution, and service wire from a utility, including copper or aluminum wire bus bars, connectors, and grounding plates or grounding wire;

(6)

A funeral marker or funeral vase;

(7)

An historical marker;

(8)

Railroad equipment, including but not limited to a tie plate, signal house, control box, switch plate, E clip, or rail tie junction;

(9)

Any metal item that is observably marked with any form of the name, initials or logo of a governmental entity, utility company, cemetery or railroad;

(10)

A copper, aluminum or aluminum copper condensing coil or evaporator coil, including its tubing or rods, from a heating or air conditioning unit (excluding coils from window air conditioners and automobiles);

(11)

An aluminum or stainless steel container or bottle designed to hold propane;

(12)

Stainless steel beer kegs;

(13)

A catalytic converter or any nonferrous part of a catalytic converter, or similar device which contains any recoverable quantity of platinum, unless purchased as part of a whole vehicle;

(14)

Insulated utility or communication wire that has been burned in whole or in part to remove the insulation (excluding any telephone wire, ethernet, and any Romex or other wire smaller than #12 gauge, as measured with a standard wire gauge).

(15)

Brass or bronze commercial valves or fittings, referred to as "FDC valves," that are commonly used on structures for access to water for the purpose of extinguishing fires;

(16)

Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures;

(17)

A shopping cart;

(18)

Storm drain gratings.

(i)

Secondary Metals Recycler means any person who:

(1)

Is engaged, from a fixed location or otherwise, in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or

(2)

Has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof.

(j)

Seller means the person from whom the regulated metals property or restricted regulated metals property is received by the secondary metals recycler.

(k)

Utility means any person, firm, corporation, association or political subdivision, whether private, municipal, County or cooperative which is engaged in the sale, generation, provision or delivery of gas, electricity, heat, oil, water, oil, sewer service, telephone service, telegraph service, radio service, television service, or telecommunication service.

(Ord. 2011-766-E, § 1)

Sec. 185.503. - Limitations on money transactions.

(a)

It is unlawful, and a secondary metals recycler is prohibited from giving the seller of any item of restricted regulated metals property, as herein defined, any form of monetary payment or consideration other than a bank draft or check contemporaneously with the sales transaction.

(b)

Payment of consideration for any transaction involving any item of restricted regulated metals property shall be made only by bank draft or check, drawn on the secondary metals recycler's business account and made payable to the person from whom the secondary metals recycler actually received the restricted regulated metals property or his or her employer, or by electronic bank draft or electronic funds transfer directly to the seller's bank account or the bank account of the seller's employer.

(c)

It is unlawful, and a secondary metals recycler is prohibited from accepting from a seller a check that any secondary metals recycler has previously issued for the purchase of restricted regulated metals property in exchange for the subsequent payment of cash by the secondary metals recycler to the seller.

(d)

Electronic bank drafts or electronic transfers of funds shall be made only to either a bank account for which the seller is the account holder, or to an account for which the seller's employer is the account holder.

(Ord. 2011-766-E, § 1)

Sec. 185.504. - Reasonable written proof of ownership required.

(a)

A secondary metals recycler shall not purchase restricted regulated metals property, as defined herein, without first obtaining reasonable written proof that the seller either owns the item(s) or is otherwise lawfully authorized to sell the item(s).

(b)

Upon obtaining reasonable written proof of ownership, the secondary metals recycler shall electronically scan and preserve in a digital format, images of the document(s) upon which the secondary metals recycler relied as reasonable written proof. The secondary metals recycler shall preserve these records for a period of five years from the date of the transaction.

(Ord. 2011-766-E, § 1)

Sec. 185.505. - Exemptions.

(a)

Notwithstanding any other provision of this Chapter, a secondary metals recycler may provide a cash money or other form of valuable consideration payment to a seller contemporaneously with the transaction, if the seller falls within one of the following categories:

(1)

Organizations, corporations, or associations registered with the State as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations, or from any nonprofit corporation or association, if proof of the organization's status has been presented to the secondary metals recycler;

(2)

A law enforcement officer acting in an official capacity, when such law enforcement officer presents appropriate credentials;

(3)

A trustee in bankruptcy, executor, administrator or receiver who has presented proof of such status to the secondary metals recycler at the time of the transaction;

(4)

Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler;

(5)

A sale on execution, or by virtue of any process issued by a court, if proof has been presented to the secondary metals recycler;

(6)

A manufacturing, industrial, or other commercial vendor that generates restricted regulated metals property in the normal course of its business, when such enterprise, or an authorized agent thereof is selling the restricted regulated metals property actually produced in the normal course of its business.

(Ord. 2011-766-E, § 1)

Sec. 185.506. - Electronic transaction records required.

(a)

Each secondary metals recycler shall maintain an electronic record, in the English language, of all purchase transactions involving regulated metals property to which the secondary metals recycler is a party. The electronic format of these electronic records shall be prescribed by the Office of the Sheriff using software provided by the Office of the Sheriff at no cost to the licensed dealer, or otherwise approved by the Office of the Sheriff. All electronic forms approved and/or provided by the Office of the Sheriff shall require all information as may be required by the State of Florida and shall be updated as needed by the Office of the Sheriff to meet this requirement.

(b)

The following information regarding transactions relating to restricted regulated metals shall be maintained by secondary metals recyclers in the electronic format prescribed by the Office of Sheriff:

(1)

The name and business address of the secondary metals recycler;

(2)

The name of the individual entering the information regarding the transaction;

(3)

The date and time of the transaction;

(4)

The weight, quantity, or volume and a detailed, accurate description of the type of regulated or restricted regulated metals property purchased during the transaction;

(5)

The number from the personal identification card the seller is required by F.S. § 538.19(g) to provide at the time of such transaction;

(6)

A physical description of the seller, as required by F.S. § 538.19(h), except that the secondary metals recycler shall not be required to electronically capture and store the seller's fingerprint.

(c)

The information required in this Section, for restricted regulated metals, for each and every transaction by the secondary metals recycler, excluding transactions involving the sellers listed in Section 185.505 of this Part, or any transaction solely between duly licensed secondary metals recyclers, shall be electronically transmitted to the Office of Sheriff, in the format and in a manner specified by the Office of Sheriff, for the previous day's business to the Office of Sheriff by no later than 10:00 a.m., eastern standard time on each day the secondary metals recycler is open for business.

(d)

A secondary metals recycler shall be required to transmit to the Office of Sheriff the above described records related to a transaction involving regulated metals property only upon a specific request by the Office of Sheriff for particular transaction records.

(e)

If the purchase transaction involves the transfer of regulated metals property from either another secondary metals recycler that is registered with the State of Florida, or an exempt seller under Section 185.505 of this Part, the secondary metals recycler receiving the regulated or restricted regulated metals property shall record the seller's business and address and the name of the seller's business representative or agent in lieu of the requirements of paragraphs 5 and 6 above.

(Ord. 2011-766-E, § 1)

Sec. 185.507. - Penalties and remedies.

(a)

A violation of this Part shall be unlawful and a class "D" offense, punishable by a fine of up to $500, imprisonment for not more than 60 days, or by both a fine and imprisonment.

(b)

When considering the imposition of either criminal or civil penalties for a violation of this Part, due consideration shall be given to the following factors:

(1)

The degree and materiality of the violation.

(2)

The good faith efforts of the violator to comply with the requirements of this Part. Evidence of a reasonable, good faith effort to comply with the provisions of this Part shall give rise to a presumption that the secondary metals recycler did not know the restricted regulated metals property was stolen and that the secondary metals recycler is in compliance with this ordinance and did not have the intent to deal in stolen property or violate this Part.

(3)

The history of previous violations by the secondary metals recycler.

(c)

The City or the Sheriff may seek injunctive relief to enforce the provisions of this Part in any court of competent jurisdiction.

(Ord. 2011-766-E, § 1)

Sec. 185.508. - Sunset and Reporting.

(a)

Sunset. This Part shall sunset and be of no effect on March 1, 2015 unless further action by the Council is taken to reenact same.

(b)

Reporting. The Sheriff shall report to the Council, with supporting documentation, no later than January 31 of each year, as to its assessment of the effectiveness of this Part 5.

(Ord. 2011-766-E, § 1)

Sec. 180.107. - Annual Reporting. Chapter 191 - SPECIAL EVENTS AND A. PHILIP RANDOLPH ENTERTAINMENT DISTRICT