HomeMy WebLinkAboutPO 5793: JUNK & JUNK DEALERSinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney /~~ ST/L~~
Date: October 5, 2007
Subject: P. O. No. 5793; Council Meeting October 9, 2007
Attached is P. O. No. 5793 amending Article IV of Chapter 22
of the Code of Ordinances as it pertains to junk and junk
dealers, as well as scrap metals, providing for a penalty,
providing for an effective date, and providing for publication.
This was tabled at the September 25, 2007 Council Meeting. The
Ordinance has been updated and the changes from the existing code
is bolded. The City Council does need to delineate the date
under Section 6. Said Section provides the following:
"Section 6. That if a company is presently operating
a scrap yard or a junk yard in an area zoned as
industrial for the receipt of regulated materials from
industry or heavy commercial businesses without being
in compliance with City Ordinances, the City Attorney
or his designee is authorizE~d to seek an injunction or
a restraining order to prohibit the company from
obtaining additional scrap or junk after
if the company has not upgraded or
built a new facility in a properly permitted location
in full compliance with stage, federal, and local laws
and the permitting requirements. The City Council does
reserve the right to request: the City Attorney to take
earlier action if conditions at said facilities
deteriorate or pose a health and safety hazard."
I am still receiving comments from Triangle Waste and Port
Iron. If there are any additional suggested changes, you will be
notified.
MTS:ts
Attachment
cc: Chief of Police
Major R . Clark
Director of Community Services
Director of Planning
Jack Fields
Robin Morse
J. Smith
Tony Broussard
z.po5793
P. O. No. 5793
10/05/07 updated is
ORDINANCE N'O.
AN ORDINANCE AMENDING A]~tTICLE IV OF CHAPTER 22
OF THE CODE OF ORDINANCES AS IT PERTAINS TO
JUNK AND JUNK DEALERS, AS WELL AS SCRAP METAL,
PROVIDING FOR A PENALTY, PROVIDING FOR AN
EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION
WHEREAS, the City Council desires to amend Section IV
Chapter 22 of the Code of Ordinances as it pertains to junk and
junk dealers, as well as scrap metal, providing for a penalty,
providing for an effective date, and providing for publication,
as delineated in Exhibit "A" attached hereto; and
WHEREAS, there is a need to require more stringent
ordinances as to avoid contamination of our public ditches and
groundwater, nuisances, and the receipt of stolen property.
NOW THEREFORE, BE IT ORDAINEID BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That Section IV of Chapter 22 of the Code of
Ordinances is hereby amended as o~elineated in Exhibit "A".
Section 3. That this Ordinance or its caption and penalty
shall be published at least one (1) time within ten (10) days after
final passage hereof in the official newspaper of the City of Port
Arthur.
Section 4. That a violation of this Ordinance shall be
punishable by a municipal court fine not to exceed $2000 per
z.po5793 1
incident per day.
Section 5. That a violation of this Ordinance can also
result in civil penalties, restraining orders, injunctions,
attorney fees, court costs and other relief being assessed.
Section 6. That if a company is presently operating a
scrap yard or a junk yard in an area zoned as industrial for the
receipt of regulated materials from industry or heavy commercial
businesses without being in compliance with City Ordinances, the
City Attorney or his designee is authorized to seek an injunction
or a restraining order to prohibit the company from obtaining
additional scrap or junk after
if the company
has not upgraded or built a new facility in a properly permitted
location in full compliance with state, federal, and local laws and
the permitting requirements. The City Council does reserve the
right to request the City Attorney to take earlier action if
conditions at said facilities deteriorate or pose a health and
safety hazard.
Section 7. That if an individual or a company is
possessing, receiving or transporting stolen metal, the City
Council encourages the District Attorney to prosecute said
individuals and companies to the maximum extent possible.
Section 8. That all provisions of this Ordinance, which
imposes a penalty, shall take effect immediately after the date of
such publication.
Section 9. That a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
z.po5793 2
READ, ADOPTED AND APPROVED on this day of ,
A.D., 2007, at a Council Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: Mayor
City Council
NOES:
DELORIS "BOBBIE" PRINCE, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
3
z.po5793
EXHIBIT "~A"
z.po5793
ARTICLE IV. S JUNK, SCRAP AND SCRAP
DEALERS
DIVISION 1. GENERALLY
Sec. 22-131. Definitions
The following words, terms a:nd phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning under Chapter 1956 of the Occupations Code, V.T.C.A.:
Dealer in junk, junkshop means any person buying, selling,
receiving for storage or as a pledge for the payment of moneys
loaned, or in any way acquiring or dealing in junk, scrap metal
or regulated material as defined under Chapter 1956 Occupations
Code and shall include a secondhand metal dealer but shall not
include licensed pawnbrokers~~e
~~a~rs~e~-~e~~-e-e~~i A~~~
Junk means scrap metals, regulated material under Chapter
1956 Occupations Code, V.T.C.A., or their alloys; aluminum cans,
bones, rags, cloth, rubber, glass, rope, tinfoil, bottles,
plastic, old cotton, nonoperational mechanical tools and
unserviceable implements; used plumbing or gas fixtures, air
conditioners, appliances or their parts; doors, window frames or
sashes or their parts; or any type of unserviceable building or
building materials and structures to be wrecked. The term
"junk" shall include unserviceable or secondhand automobiles,
motor vehicles or boats obtained for the purpose of being
junk scrap and scrap dealers code of ordinances 10/05/07
dismantled, together with the obtaining of unserviceable or used
parts and accessories, not including tires stored in compliance
with the fire prevention code and tubes; provided, however, that
the term "junk" does not include or apply to used car dealers
who comply with the certificate or title requirements of state
law.
~~~-w~gan Transport vehicle carrying junk means every
wagon, truck or other vehicle operating in the City for the
purpose of purchasing, collecting, gathering, or selling junk,
scrap metal or regulated material throughout the City or any
portion of the City.
Sec. 22-132. Report books.
(a) Contents; inspection. .All keepers of junk shops and
dealers in junk doing business or offering to do
business in the City shall, at all times, keep on hand
books of report blanks,
f-r-ee-e~-~i -l~e~r~~e-~-~~C ' ,
in which shall be legibly written in duplicate, at the
time any junk is purchased by or deposited for any
purpose with such dealer, an accurate description in
the English language of the articles purchased or
deposited; the amount of money paid for such or loaned
thereon; and the time of purchase or deposit; the
name, age, sex, signature, residence, race,
nationality, driver's license number or Texas
junk scrap and scrap dealers code of ordinances 10/05/07
identification number issued by the Department of
Public Safety, and the approximate height and weight
of the person selling or depositing such junk together
with the name of the state issuing the license and the
number of the license a:nd make of the automobile in
which junk shall be delivered to such dealer. Such
report blanks shall be in book form and printed,
numbered and executed in duplicate, and signed by such
dealer and by the party selling or depositing such
article. The original of such report shall be
retained in the book in numerical order by such
dealer, and shall at all times be open to the
inspection of the Chief of Police or any agent
designated by the ~~~~ Chief of Police. The
reporting requirements, as set forth in this
subsection, shall not apply to junk dealers as to
specific transactions as follows:
(1) When an automobile junk dealer purchases an
automobile from an individual wherein the
automobile junk dealer receives a certificate of
title to such automobile; however, the purchase
of any part, component, subassembly, assembly, or
any part of an automobile shall be reportable.
(2) When a junk dealer purchases scrap metals,
regulated materials or Type V materials in bulk
junk scrap and scrap dealers code of ordinances 10/05/07
from an industrial firm or commercial customer
pursuant to a contract between the junk dealer
and the industrial or commercial firm; however,
such purchases shall be reported in such a manner
by the junk dealer that police inspection may be
made in determining the industrial or commercial
firm from which such metals were purchased, the
amount and general description of the metals, and
the date such purchase was made.
(3) When a junk dealer purchases from other duly
licensed dealers; provided, however, that such
purchases shall be reported in such a manner by
the junk dealer that police inspection may be
made in determining the licensed dealers from
which such junk was purchased, the amount and
general description of the junk purchased, and
the date such purchase was made.
(b) Altering or obliterating. It shall be unlawful for
any such dealer to alter, change, or obliterate any
entry in the book of record or report blank.
Sec. 22-133. Identification of seller.
Any person selling or depositing any amount of junk with a
dealer who is not well and personally known to such dealer, or
who is not an industrial or commercial customer with which the
dealer has a contract, shall be identified by some reputable
junk scrap and scrap dealers code of ordinances 10/05/07
citizen known to such dealer, whose signature and address shall
be placed on the report required :by this article. Furthermore,
the junk dealer shall obtain a copy of the driver's license of
the seller and a written statement by the person that the person
is the legal owner or is lawfully entitled to sell the material.
Sec. 22-134. Retaining articles for ten days.
Each article of junk, except for regulated materials or
Type V materials obtained from industrial or heavy commercial
businesses, purchased by or deposited with such dealer shall be
retained by him in its original form, shape, and condition for a
period of ten (10) days after such purchase or deposit, during
which time such article shall not be sold or permitted to be
redeemed or removed from the place of business of such dealer;
provided, however, that the Chief of Police or his designee
shall release such article by written order at any time prior to
the expiration of the ten (10) day period, on showing by such
dealer that such article has been lawfully acquired. As to
"regulated materials or Type V materials" obtained from
industrial or commercial businesses with which the dealer has a
contract, the dealer shall hold the materials for the amount of
time as required by state law, and as required by the Chief of
Police of his designee on a case by case basis, not to exceed
ten (10) days.
Sec. 22-135. Purchase of unidentifiable articles.
A junk dealer shall not knowingly purchase or receive for
junk scrap and scrap dealers code of ordinances 10/05/07
deposit, nor have in his possession, any article of junk from
which the manufacturer's serial number or brand has been removed
or obliterated. This requirement can be waived by the Chief of
Police or his designee after an inspection of the items with
verification that it was not stolen.
Sec. 22-136. Purchasing from minors.
No junk dealer or operator of a transport
vehicles carrying junk shall purchase or receive, in pledge or
on deposit for any purpose, any article from any minor, or which
may be owned or claimed by, or in the possession or control of
any minor, unless the parent or guardian of such minor shall
state in writing that such transaction took place with such
parent's or guardian's full knowledge and consent, which written
statement shall be signed by such parent or guardian, and have
thereon the address, the telephone number, if any, of such
parent or guardian, and shall be delivered to the Chief of
Police or his designee with the report of such purchase or
deposit.
Sec. 22-137. Location restriction.
~e~-~e=ors-i-e~-s e~~e~re~~-~~-~-ee~e~ng~-r~i~ra_r~~ ;
e~~~ra~~-a-pp3~-~~u}r~s~~eme~~e~~os^ee~r~g~a-r~~~d
dr~~e-6~~33s~~~~-ei4, 6z~~drk~e ei~ i~~e~--s-t~e~p~~;~ _~c
junk scrap and scrap dealers code of ordinances 10/05/07
~crrr~ c ~~a~~2}'~~-?~~ ~ -5"oT~rE`~e'a~ei~1 : t}?"~~cE~-aircc-~ r~cr~crra
ems- s~~^ h f='o=e-{-5~--~~a~s--Few-e~-~ :I i s ha 11 A b e un 1 aw f u 1 f o r any
person to use, or cause, or permit to be used, any lot, tract,
o r parc e 1 o f 1 and ~re~~~e~z t-~a~e~-=o~P~'- ~' ~- ~~ T ~ ~~~
~~r~T-o _
~~rs~~~tTre~, for a junkyard or other use dess~be~r3
~j s,~~re~ which is not in area zoned for said use.
Sec. 22-138. Fence required and .a secured entrance.
No person shall erect, construct, maintain, or cause or
permit to be erected, constructed, or maintained, any junkyard,
automobile wrecking yard, or any such premises unless such
premises shall be completely enclosed by a closed fence in
conformance with Section 18-457 (b) and a secured entrance. The
scrap or junk cannot exceed the height of the fence.
Sec. 22-139. Violations and penalties.
(a) Violations. It shall be unlawful for any person to
violate the provisions or requirements of this
article, or willfully falsify, any entry in the making
of a record of any of the articles of which a record
is required to be kept in a book, as required in this
article. Each day's failure to keep the book or
entries required in this Section shall constitute a
separate offense.
(b) Penalties. The minimum fine schedule for conviction
of a violation of this article shall be as follows:
junk scrap and scrap dealers code of ordinances 10/05/07
Conviction Number Minimum Fine
One ......................................................................................................... $ 200.00
Two .......................................................................................................... $ 300.00
Three or more ............................,............................................... $ 500.00
Sec. 22-140. Notice to Sellers
(a) A dealer shall at all times maintain in a prominent
place in the junk deale;r's place of business, in open
view to a seller of regulated metal property, a notice
in two-inch lettering ghat contains the following
language:
"A PERSON ATTEMPTING TO SELL ANY REGULATED METAL
PROPERTY MUST PRESENT SUFFICIENT IDENTIFICATION AND
WRITTEN PROOF OF OWNERSHIP REQUIRED BY STATE LAW."
"WARNING: STATE LAW PROVIDES A CRIMINAL PENALTY FOR A
PERSON WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OR
IDENTIFICATION OR OTHER FALSE INFORMATION TO A METAL
RECYCLING FACILITY WHILE ATTEMPTING TO SELL ANY
REGULATED MATERIAL."
(b) The notice required by this section may be contained
on a sign that contains another notice required by law
to be displayed by the junk dealer and shall also
state the business hours.
Sec. 22-141. Facsimile, Telecopy, or Similar Equipment
Required
(a) a junk dealer shall maintain at its place of business,
a facsimile, telecopy, or other equipment of similar
junk scrap and scrap dealers code of ordinances 10/05/07
function on which notifications of stolen property may
be expeditiously received from the Police Department.
The equipment must be operable at all times. The junk
dealer shall maintain t:he facsimile number or other
access number of the equipment on file with the Chief
of Police or designee within 24 hours after any change
in the number.
(b) The Chief of Police or designee may provide to dealers
notices of:
(1) photocopies of fraudulent or forged
drivers license, military
identification card, passport, personal
identification certificate, or other
documents provided by sellers.
(2) individuals convicted of theft of
regulated metal property for offenses
arising in the City of Port Arthur; and
(3) metal items reported or suspected
stolen.
(c) The junk dealer shall not release any
information provided by the Chief of Police
without the written approval of the Chief of
Police.
Sec. 22-142. Restrictions on the Purchase of Regulated and
other Metal Property
(a) A junk dealer shall conduct all purchase transactions
junk scrap and scrap dealers code of ordinances 10/05/07
between the hours of 7:00 a.m. and 6:00 p.m. or such
other hours as approved in writing by the Chief of
Police or his designee.
(b) A junk dealer shall not purchase any of the following
items of regulated meta:L property without obtaining
written documentation and proof that the seller is an
employee, agent, or per;son who is authorized to sell
the item of regulated metal property on behalf of the
governmental entity, railroad, cemetery or civic
organization:
(1) Utility access cover
(2) Street light poles and fixtures
(3) Road and bridge guard rails
(4) Highway or street ;signs
(5) Water meter cover
(6 ) Traffic directional and traffic control signs
(7) Traffic light sign,~ls
(8) Any metal marked with any form of the name or
initials of a governmental entity, including the
City of Port Arthur, another municipality, and
the State of Texas
(9) Funeral markers and vases
(10) Historical markers
(11) Air condition coils
(12) Copper wiring or copper piping
junk scrap and scrap dealers code of ordinances 10/05/07
(13) Valves
(c) As to the metals denoteci above, the dealer shall
immediately contact the Police Department upon receipt
and hold said items for ten (10) days.
Sec. 22-143. Inspection
(a) A junk dealer shall allow peace officers and other
City Officials designated by the City Manager to:
(1) inspect a junk dea:Ler's place of business during
business hours;
(2) copy and verify thE~ correctness or documents,
including records or reports and monitoring data
required to be kepis under this chapter and under
state, federal and local law; and
(3) examine or inspect metal inventory.
(4) examine or inspect the premises, buildings,
storm-water colleci~ion systems, ditches,
equipment and other improvements as it pertains
to matters being in compliance with the Code of
Ordinances and stai:.e and federal law
(b) A junk dealer who fails or refuses to comply with any
part of Subsection (a) above violates this chapter.
The failure or refusal :is grounds for immediate
suspension or revocation of a license by the Chief of
Police.
junk scrap and scrap dealers code of ordinances 10/05/07
Sec. 22-144. Labeling
A junk dealer shall segregate all regulated metal property
purchased from a seller from regulated metal property purchased
from other sellers and attach to the property or to the
container in which the property is held, a label indicating the
name of the seller, the date on which the property was
purchased, and the number of the :receipt upon which the purchase
information is recorded. This requirement may be waived by the
Chief of Police after inspection •of the property, the records of
the company, and as to facilitate the prompt disposal of the
regulated property. This provision does not apply to regulated
materials or Type V materials purchased in bulk from industrial
or commercial customers with which the dealer has a contract.
Sec. 22-145. Miscellaneous
All receipts shall clearly identify the payee.
Sec. 22-146. Prosecution of Offenses
Prior to filing charges for .a violation of Chapter 22 of
the Code of Ordinances of the City of Port Arthur, Chapter 1956
of the Occupations Code, V.T.C.A., Section 31.03 of the Penal
Code as to theft and the receipt of stolen property, and as to
other criminal violations of state law, the Court with the most
jurisdiction for appropriate filing with the most severe
punishment available will be determined and with a request for
an appropriate high bond as to deter future violations.
junk scrap and scrap dealers code of ordinances 10/05/07
Sec. 22-147. Civil Penalties and Injunctions
The City of Port Arthur has adopted the authority as per
Section 7.352 of the Water Code, V.T.C.A., to enforce violations
of Chapter 26 of the Water Code and Chapter 382 of the Health
and Safety Code, V.T.C.A. The Cii;y Attorney and his designees
have the authority to file litigai~ion thereon and to seek
injunctions, attorney's fees, civil penalties, and such other
remedies in law and in equity that: the City is entitled to.
Secs. 22-148 - 22-160. Reserved.
DIVISION 2. PERMIT
Sec. 22-161 Fee; period.
(a) Each junk dealer shall obtain from the ~~e~s~e~-
e-e~-i-ee~e~--e~ ~a~e~ ~r~-a~~t~~re =-~ City Counc i 1, a
permit to pursue his bu:~iness, and shall pay therefore
the sum of $50. Such ~°_ permit shall be granted
for a period of up to eiz~e-~1-1 y~~ two (2) years, and
shall be renewed by the dealer ,} ;}~ "~
e~~en at or before December 31st of the applicable
year. In addition thereto, such dealer shall pay, on
each ~~~agen vehicle transporting junk operated by
such dealer, the amount of the ~i-e~e permit fee
prescribed for operators of vehicles
transporting junk.
(b) The application for a license shall include the
following, or shall inc:Lude the necessary,
junk scrap and scrap dealers code of ordinances 10/05/07
documentation to update the existing City's file
thereon:
(1) Legal description of the site and a survey
(2) Deed or lease to tlhe site, with authorization
from the owner to operate the site as a scrap
yard
(3) Information as to ithe zoning for the site
(4) Copy of any and a1:1 state and federal permits
that apply to the ;site
(5) Storm water management plan
(6) Letter from a registered engineer that the storm
water management p:Lan is adequate for the
facility and is being effectively enforced and
implemented as to avoid contamination of the
public ditches and the adjacent property as well
as the underlying groundwater
(7) Monitoring data on the storm water outfalls
(8) Docwnents filed by the Applicant with the Texas
Commission of Environmental Quality or with any
state agency as to the site
(9) Inventory of existing scrap at the site, persons
whom the scrap was purchased from, and locations
of the scrap at the facility, which could be
provided in a docw:nent or an electronic format
(c) Prior to forwarding the request for a permit to the
junk scrap and scrap dealers code of ordinances 10/05/07
City Council, the Chief of Police or his designees
shall inspect the premises and the record books. A
permit shall not be issued if there is not clear
documentation as to who the scrap was purchased from
and the location of the scrap at the site, as well as
clear documentation as i~o compliance with Chapter 1956
Occupations Code, V.T.C.A, and with City Codes.
Furthermore, if (1) the application is not complete,
(2) there are any gaps :in documentation as to the
inventory on site or where and whom it was purchased,
(3) there is any material amount of scrap on the site
that cannot be identifiE~d as to the nature of the
metal, (4) the storm waiver management plan had not
been implemented with a:Ll of the storm water controls
stated therein, i.e., berms and storm water retention
ponds (with liners) bui:Lt or with a timetable for the
storm water controls to be built on a schedule
approved by the City Council prior to the operation of
the facility, or (5) there is a history of
noncompliance with any ;state or local laws, the City
Council shall not issue a license. The City Council
shall also, prior to the issuance of a license, obtain
the written comments from the Director of Planning as
to whether the location is properly zoned, from the
Director of Public Work;s as to the storm water
junk scrap and scrap dealers code of ordinances 10/05/07
management plan being adequate, and from the Director
of Community Services as to whether the applicant is
in compliance with other City Codes, including but not
limited to, the Building Code and the International
Property Maintenance Cocie.
(d) The City Council has they authority to revoke a permit
being issued under this chapter upon a showing of
noncompliance by the applicant of any provision of
Chapter 22 of the Code of Ordinances or of Chapter
1956 of the Occupations Code or of the Penal Code, or
any material violation of any other Code of the City
of Port Arthur.
Sec. 22-162. i~Fa~o-i~ Transport Vehicle; fee; period.
Each person operating a j-~rl~ transport vehicle for
the purpose of transporting junk or scrap within the City shall
obtain from the a-sse-s~-ez ,~''' ^^" •r City Council "' a
~~ permit for the privilege of operating such ~
vehicle, and shall pay therefore ithe sum of $5 for each ~r
vehicle so operated. Such ~~~~ permit shall be granted for a
period of ere-{~} up to two (2) years, and shall be renewed by
such person at its annual expiration. The driver of the
transport vehicle shall have the documentation as from
where the material was obtained.
Sec. 22-163. Displaying.
The ~o permit issued to a junk dealer shall be
junk scrap and scrap dealers code of ordinances 10/05/07
displayed in his place of busines:~ where it can be seen by
persons dealing with such dealer. The ~e~e permit issued to
the operator of a transport vehicle of junk wa~r3 shall be
securely attached to the ~~~ transport vehicle for which
it was issued, so that it can be :peen by the person dealing with
such vehicle operator.
Sec. 22-164. Illegal sale or transport.
It shall be illegal for any person or company to knowingly
sell or transport scrap metal or ;junk to a dealer in the City of
Port Arthur that is not permitted by the City of Port Arthur.
Sec. 22-165. Reporting of Offense's
A junk dealer shall immediately report to the Police
Department any person or persons who possess, transport, or sell
stolen regulated property that the junk dealer has knowledge
thereof.
Sec. 22-166. Commercial Haulers of Waste and Trash
Sections 22-131 to 22-147 and Sections 22-161 to 22-165 do
not apply to commercial haulers o:E waste or of trash to the
City's landfill, to the City's Wa:stewater Treatment Plant, or to
other landfills and treatment plants permitted by the Texas
Commission on Environmental Qualiity (TCEQ) .
Secs. 22-167 - 22-190. Reserved
junk scrap and scrap dealers code of ordinances 10/05/07