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)