Ordinance No. 11,570ORDINANCE NO. 11,570
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 82 "SECONDHAND GOODS," ARTICLE II
"METALS, CRAFTED PRECIOUS METALS AND GEMS," DIVISION 2
"METALS," SECTION 82 -66 "PURCHASING OR RECEIVING GOODS OF
MINORS'; AND DIVISION 3 "CRAFTED PRECIOUS METALS AND
GEMS," SECTION 82 -102 "PURCHASING OR RECEIVING GOODS OF
MINORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
REQUIRE PURCHASES OF METALS, CRAFTED PRECIOUS METALS AND
GEMS TO BE PAID BY CHECK AND MAILED TO THE SELLER'S
ADDRESS; CONTAINING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A PENALTY OF FIVE HUNDRED AND
NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION
AND THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown has an ordinance that governs metal recycling entities,
secondhand metal dealers, and secondhand dealers, and the operation of their respective
businesses; and
WHEREAS, due to the substantial increase in the price of copper, precious and other
metals and gems over the past year, police departments in southeast Texas continue to report
substantial increases in the theft of these materials which are sold to metal recycling entities and
secondhand metals dealers, and secondhand dealers; and
WHEREAS, thieves of metals are targeting homes, businesses, construction sites, public
utilities, and public property for access to metal pipes, tubing and wiring, and other construction
materials, including air conditioners and related equipment; and
WHEREAS, similarly precious metals and gems are also susceptible to theft; and
WHEREAS, improved, uniform electronic recordkeeping requirements for metal
recycling entities, secondhand metal dealers, and secondhand dealers have aided law
enforcement in identifying thieves of metal, precious metals, and gems and solving metal and
precious metals and gems thefts and related crimes; and
WHEREAS, requiring payment to be made to sellers of metal, precious metals, and gems
to be in traceable forms would be a great asset in helping law enforcement track down and
apprehend thieves of metals, precious metals, and gems; and
WHEREAS, based upon these findings, the City Council is of the opinion that the
ordinance provisions regulating metal recycling entities, secondhand metal dealers, and
secondhand dealers should be amended; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the findings contained in the preamble of this Ordinance are
determined to be true and correct and are hereby adopted as a part of this Ordinance.
Section 2: That Chapter 82 "Secondhand Goods," Article II "Metals, Crafted
Precious Metals and Gems," Division 2 "Metals," Section 82 -66 "Purchasing or receiving goods
of minors" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to be entitled
"Purchasing or receiving goods" and to read as follows:
CHAPTER 82. SECONDHAND GOODS
ARTICLE II. METALS, CRAFTED PRECIOUS METALS AND GEMS
DIVISION 2. METALS
Sec. 82 -66. Purchasing or receiving goods.
(a) Receipt; payment; records.
(1) Each metal recycling entity, secondhand metal dealer, or secondhand dealer shall
provide a receipt to the seller on site at the time of the transaction, which records
the date, time and place of the transaction, a description of the materials involved,
and the dollar amount of the transaction. Each metal recycling entity, secondhand
metal dealer, or secondhand dealer shall pay for the purchase of the regulated
material with a check, not with cash, which check shall be mailed to the seller's
address. Each metal recycling entity shall maintain the canceled check and
associated bank statement for a minimum of one year from the date of issuance of
the check.
(2) It shall be an affirmative defense to subsection (a)(1) if-
a. the transaction is less than $10, and
b. the metal recycling entity, secondhand metal dealer, or secondhand dealer has
not conducted another transaction involving regulated material with the same
seller within the previous 72 hours for which payment was made in cash.
(3) It shall be an exception to subsection (a)(1) if the transaction involves solely
aluminum cans.
(b) From minors.
(1) No metal recycling entity, secondhand metal dealer, or secondhand dealer shall
purchase or otherwise receive in the course of his business, any item, ownership
of which is claimed by any minor, or which may be in the possession of or under
control of a minor, unless:
a. The minor is accompanied by his parent or guardian, who shall state in
writing, that such transaction is taking place with such parent's or
guardian's full knowledge and consent; or
b. The only items offered for sale by the minor are aluminum cans.
(2) It shall be the duty of such metal recycling entity, secondhand metal dealer, or
secondhand dealer to preserve and keep on file, and available for inspection, the
written statements of consent required in subsection (b)(1) of this section for a
period of not less than three years.
Section 3: That Chapter 82 "Secondhand Goods," Article II "Metals, Crafted
Precious Metals and Gems," Division 3 "Crafted Precious Metals and Gems," Section 82 -102
"Purchasing or receiving goods of minors" of the Code of Ordinances, City of Baytown, Texas,
is hereby amended to be entitled "Purchasing or receiving goods" and to read as follows:
CHAPTER 82. SECONDHAND GOODS
ARTICLE II. METALS, CRAFTED PRECIOUS METALS AND GEMS
DIVISION 3. CRAFTED PRECIOUS METALS AND GEMS
Sec. 82 -102. Purchasing or receiving goods
(a) Receipt; payment; records.
(1) Each precious metals and gems entity or dealer shall provide a receipt to the seller
on site at the time of the transaction, which records the date, time and place of the
transaction, a description of the materials involved, and the dollar amount of the
transaction. Each precious metals and gems entity or dealer shall pay for the
purchase of the crafted precious metals with a check, not with cash, which check
shall be mailed to the seller's address. Each metal recycling entity shall maintain
the canceled check and associated bank statement for a minimum of one year
from the date of issuance of the check.
(2) It shall be an affirmative defense to subsection (a)(1) if:
a. the transaction is less than $10, and
b. the precious metals and gems entity or dealer has not conducted another
transaction involving crafted precious metals with the same seller within
the previous 72 hours for which payment was made in cash.
(3) It shall be an exception to subsection (a)(1) if the transaction involves solely
aluminum cans.
(b) From minors.
(1) No precious metals and gems entity or dealer shall purchase or otherwise receive
in the course of his business, any item, ownership of which is claimed by any
minor, or which may be in the possession of or under control of a minor, unless
the minor is accompanied by his parent or guardian, who shall state in writing,
that such transaction is taking place with such parent's or guardian's full
knowledge and consent.
(2) It shall be the duty of such crafted precious metals and gems dealer to preserve
and keep on file, and available for inspection, the written statements of consent
required in subsection (b)(1) of this section for a period of not less than three
years.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of the ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not effect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 6: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not
more than FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and
each day upon which any such violation shall occur shall constitute a separate offense. In
addition to the penalty prescribed above, the city may pursue other remedies such as abatement
of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 7: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, on this the 10'}' day of February, 2011.
4
S'I-)KPflF'N-r-r DONCARIJ . )S. Ma.�',Or
ATIISIT�-
IA B SCIA, ('i� Clerk
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e" I 4G7AC 10 R A M I R 1- Z, ". —(.It q4 ttorney