ARTICLE 3. SCRAP METAL DEALERS
5.301.
SCRAP METAL DEALERS; REGISTRATION REQUIRED. It shall be unlawful for any business to purchase any regulated scrap metal without having first registered each place of business with the city as herein provided.
5.302. SAME; DEFINITIONS. The words and phrases listed below when used in this ordinance shall have the following meanings:
(a) Scrap metal dealer means any person that operates a business out of a fixed location, and that is also either:
(1) Engaged in the business of buying and dealing in regulated scrap metal;
(2) Purchasing, gathering, collecting, soliciting or procuring regulated scrap metal; or
(3) Operating, carrying on, conducting or maintaining a regulated scrap metal yard or place where regulated scrap metal is gathered together and stored or kept for shipment, sale or transfer.
(b) Regulated scrap metal yard means any yard, plot, space, enclosure, building or any other place where regulated scrap metal is collected, gathered together and stored or kept for shipment, sale or transfer.
(c) Regulated scrap metal shall mean wire, cable, bars, ingots, wire scraps, pieces, pellets, clamps, aircraft parts, junk vehicles, vehicle parts, pipes or connectors made from aluminum; catalytic converters containing platinum, palladium or rhodium; and copper, titanium, tungsten, stainless steel and nickel in any form; for which the purchase price described in K.S.A. 2010 Supp. 50-6,110 and 50-6,111, and amendments thereto, was primarily based on the content therein of aluminum, copper, titanium, tungsten, nickel, platinum, palladium, stainless steel or rhodium; any item composed in whole or in part of any nonferrous metal other than an item composed of tin, that is purchased or otherwise acquired for the purpose of recycling or storage for later recycling. Aluminum shall not include food or beverage containers.
(d) Bales of regulated metal means regulated scrap metal properly processed with professional recycling equipment by compression, shearing or shredding, to a form in which it may be sold by a scrap metal dealer consistent with industry standards.
(e) Ferrous metal means a metal that contains iron or steel.
(f) Junk vehicle means a vehicle not requiring a title as provided in chapter 8 of the Kansas
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Statutes Annotated, and amendments thereto, aircraft, boat, farming implement, industrial equipment, trailer or any other conveyance used on the highways and roadways, which has no use or resale value except as scrap.
(g) Nonferrous metal means a metal that does not contain iron or steel, including but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel and their alloys.
(h) Tin means a metal consisting predominantly of light sheet metal ferrous scrap, including large and small household appliances, construction siding and construction roofing.
(i) Vehicle part means the front clip consisting of the two front fenders, hood, grill and front bumper of an automobile assembled as one unit; or the rear clip consisting of those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit; or any other vehicle part.
5.303. SAME; REGISTRATION; APPLICATION; FEES; PENALTY.
(a) Application for registration for a scrap metal dealer shall be verified and made upon a form furnished by the city and approved by the attorney general and shall contain:
(1) The name and residence of the applicant;
(2) The length of time that the applicant has resided within the state of Kansas and a list of all residences outside the state of Kansas during the previous 10 years;
(3) The particular place of business for which a registration is desired;
(4) The name of the owner of the premises upon which the place of business is located; and,
(5) The applicant shall disclose any prior convictions within 10 years immediately preceding the date of making the registration for theft, as defined in K.S.A. 21-3701, prior to its repeal, or section 87 of chapter 136 of the 2010 Session Laws of Kansas, theft of property lost, mislaid or delivered by mistake, as defined in K.S.A. 21-3703, prior to its repeal, or section 88 of chapter 136 of the 2010 Session Laws of Kansas, theft of services, as defined in K.S.A. 21-3704, prior to its repeal, criminal deprivation of property, as defined in K.S.A. 21-3705, prior to its repeal, or section 89 of chapter 136 of the 2010 Session Laws of Kansas, or any other crime involving possession of stolen property.
(6) In addition to the information required in subsection (a)(5), above, the applicant shall also disclose any prior convictions within 10 years immediately preceding the date of making the application for registration for any federal or local crime or offense similar to those stated in subsection (a)(5), to include, but not be limited to, sections 6.1, theft, 6.3, theft of lost or mislaid property, and 6.5, criminal deprivation of property, and amendments thereto, of the Uniform Public Offense Code for Kansas Cities.
(b) Each registration for a scrap metal dealer to purchase regulated scrap metal shall be accompanied by a fee of $200.
(c) The city clerk shall provide the chief of police written notice of the filing of registration by a scrap metal dealer within 10 days of registration or renewal.
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