§ 43.92. Same—Restrictions on Purchases.

(1)

A secondary metals recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller owns the property (such as by a receipt or bill of sale), or proof that the seller is an authorized agent and the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or entity owning the property:

(a)

A manhole cover.

(b)

An electric light pole or other utility structure and its fixtures, wires and hardware.

(c)

A guard rail.

(d)

A street sign, traffic sign, or traffic signal and its fixtures and hardware.

(e)

Communication, transmission, distribution, and service wire, including copper or aluminum busbars, connectors and grounding plates or grounding wire.

(f)

A funeral marker or funeral vase.

(g)

An historical marker.

(h)

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

(i)

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

(j)

A copper or aluminum condensing or evaporator coil, including tubing or rods, from a heating or air conditioning unit.

(k)

An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts.

(l)

Stainless steel beer kegs.

(m)

A catalytic converter or any part of a catalytic converter.

(n)

Metallic wire that was burned in whole or in part to remove insulation.

(o)

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.

(p)

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.

(q)

A shopping cart.

(r)

Copper piping or tubing exceeding twenty-five (25) pounds in weight.

(s)

Copper guttering or downspouts.

(2)

To establish proof of ownership, for purposes of subsections 43.92(1)(j), (m), (r), and (s) only, a seller of regulated metals property may provide a signed statement stating that she or he is the rightful owner of, or is entitled to sell the regulated metals property being sold.

(3)

When any seller engages in a purchase transaction or attempts to engage in a purchase transaction of any of the items listed above, the secondary metals recycler shall notify the Orlando Police Department within 24 hours of the purchase transaction or attempted purchase transaction. Notification for a purchase transaction shall include all of the records required pursuant to Florida Statute section 538.19, except the amount of consideration given in the purchase transaction. Notification for an attempted purchase transaction shall include any information the secondary metals recycler is able to obtain identifying the individual who attempted the purchase transaction and the regulated metal property including, but not limited to photographs, video, vehicle description, vehicle tag, physical description of the regulated metal property and the individual who attempted to sell the regulated metal property.

(4)

The secondary metals recycler may provide a check at the time of the purchase transaction, rather than mailing said check as required in Section 43.91 of this Code, if the Seller is in one of the following exempt categories:

(a)

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;

(b)

A law enforcement officer acting in an official capacity;

(c)

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

(d)

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

(e)

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

(f)

A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business.

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