§ 43.90. Secondary Metals Recyclers—Definitions of Terms used in Section 43.91 and 43.92.

(1)

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

(2)

"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.

(3)

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

(4)

"Nonferrous Metals" means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals as defined in Section 43.54(1) of this Code.

(5)

"Purchase Transaction" means a transaction in which a secondary metals recycler gives consideration for regulated metals property.

(6)

"Regulated Metal Property" means any item composed primarily of any nonferrous metals, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers. The term shall include stainless steel beer kegs.

(7)

"Secondary Metals Recycler" means any person who:

(a)

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

(b)

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.

(8)

"Seller" means a person from who regulated metal property is acquired or an authorized agent of the seller. For purposes of this section, an authorized agent is a current employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business, or entity owning the property. Proof that a seller is an authorized agent may be evidenced by a letter of authorization on the official letterhead of the entity indicating that the seller is authorized to sell the item of regulated metal property and must include the date it is written. An authorization letter shall remain effective for 90 days from the date indicated on the letter or until rescinded, whichever first occurs. A secondary metals recycler may retain an authorization letter on file or the seller may present an authorization letter on the date of each purchase transaction.

(Ord. No. 2010-19, § 1, 8-30-2010, Doc. #1008301110; Ord. No. 2011-4, § 1, 1-24-2011, Doc. #1101241102)