COMMISSIONERS ORDINANCE NO. 0-2008-003

AN ORDINANCE OF THE BOARD OF COMMISSIONERS CREATING CHAPTER 116A: SCRAPDEALERS AND SCRAPYARDS, CONCERNING THE OPERATION OF SCRAPYARDS, CREATING REQUIREMENTS FOR THE SALE, PURCHASE, EXCHANGE AND/OR ACQUISITION OF SCRAP BY SCRAPDEALERS, REQUIRING SCRAPDEALERS TO PHOTOGRAPH AND DOCUMENT TRANSACTIONS INVOLVING THE PURCHASE OF SCRAP AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.

________________________________________________________________________

BE IT ORDAINED BY THE CITY OF NEWPORT, KENTUCKY

SECTION I

That Chapter 116A of the Code of Ordinances of the City of Newport, Kentucky is hereby created to read as follows:

CHAPTER 116A: SCRAPDEALERS AND SCRAPYARDS

Section 116A.01         DEFINITIONS

PERSON: Any natural person, partnership, joint venture or corporation.

SCRAP: Any waste and/or new metal products, including, but not limited to, old, unwanted metal, building supplies, wrought iron, wiring, piping, copper tubing, aluminum (except aluminum cans), steel and surplus materials. Automobiles and automotive parts, with the exception of loose catalytic converters, shall be considered as exempt.

SCRAPDEALER: Any person engaged in the business of operating a scrapyard and/or engaged in the sale, purchase, exchange and/or acquisition of scrap.

SCRAPYARD: Any premises where a business is located that deals in the sale, purchase, exchange and/or acquisition of scrap, including recycling operations.

Section 116A.02         LICENSE REQUIRED

No person shall operate as a scrapdealer nor engage in the business of operating of a scrapyard without first having obtained the necessary licenses required for the operation of such a business.

Section 116A.03         DAILY REPORTS TO POLICE DEPARTMENT

(A)                          Any person so licensed hereunder shall be required to make a daily report to the Police Department, in writing, of every purchase, exchange or acquisition of any article of scrap. The report shall contain:

(1)   A description of each article of scrap purchased, exchanged or acquired by the scrapdealer;

(2)   The price paid for each article of scrap;

(3)   The name and address of the person (seller) from whom each article of scrap is purchased, exchanged or acquired;

(4)   The date and hour the purchase, exchange or acquisition was made;

(5)   A photocopy of the seller’s drivers license, state identification card, official United States military identification card or any other form of personal identification, with photograph;

(6)    A digital photograph of the seller, along with the article of scrap that he or she is selling or exchanging with the scrapdealer. Such digital photographs shall be electronically transmitted to the Newport Police Department on a weekly basis at an electronic address to be provided ; and,

(7)   The signature of the scrapdealer and the seller as executed at the time of the purchase, exchange or acquisition of the article of scrap by the scrapdealer.

(B)                           Each entry on the report shall be numbered consecutively, commencing with the number (1).

Section 116A.04         RECORDS REQUIRED; INSPECTIONS

            All scrapdealers shall be required to keep a record of every purchase, exchange or acquisition of any article of scrap. These records shall be made available for inspection by the Newport Police Department or any other City agency, upon request at anytime during the scrapdealers or scrapyards regular business hours.

                        Such records shall be maintained for a minimum period of one (1) year.

            Section 116A.05         POSTING OF BUSINESS SIGN REQUIRED

Any scrapdealer or scrapyard shall be required to maintain in a conspicious place in or upon the business premises, a sign having his or her name and occupation inscribed thereon.

Section 116A.06         DEALING WITH MINORS

            No scrapdealer shall directly or indirectly purchase, exchange or acquire any article of scrap, from any minor or any person the scrapdealer may have reason to believe is a minor.

Section 116A.07         HOURS OF OPERATION

            No scrapdealer nor scrapyard shall operate to sell, purchase, exchange or acquire any article of scrap between the hours of 9:00 p.m. and 7:00 a.m.

Section 116A.08         NOTICE AND EFFECTIVE DATE

            This Ordinance shall not become effective until fifteen (15) days after its enactment. During this time period the Newport Police Department shall notify all scrapdealers and scrapyards located within the City so covered by this Ordinance of the requirements herein and shall provide each with a copy of the same.

Section 116A.09         PENALTY

            Any person who shall violate any of the provisions hereof shall, upon conviction, be guilty of a Class B misdemeanor, in accordance with the Kentucky Revised Statutes.

                                                SECTION II

            That this Ordinance shall be signed by the Mayor, attested by the City Clerk, recorded, published and be effective upon publication.

            PASSED:        First reading                2-11-2008

            PASSED:        Second reading           2-25-2008

                                                            ____________________________________

                                                MAYOR THOMAS L. GUIDUGLI

ATTEST:

__________________________________

Q. EVONE BRADLEY, CITY CLERK

PUBLISHED: In full in the Campbell County Recorder the 6th day of March 2008.