§ 22-419. Definitions.

The following words, terms and 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:

City police department shall mean the West Palm Beach Police Department.

Ferrous metals shall mean any metals containing significant quantities of iron or steel.

Fixed location shall mean 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 or junk merchant for a total duration of not less than 364 days.

Law enforcement officer shall mean and include any City of West Palm Beach Police Officer and any sworn law enforcement officer acting under the direction of the police chief.

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

Nonferrous metals shall mean 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, and shall include stainless steel beer kegs.

Personal identification card shall mean a driver's license or identification card issued by the department of highway safety and motor vehicles under F.S. § 322.03 or F.S. § 322.051, or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Bureau of Citizenship and Immigration Services, which contains a photograph.

Police chief shall mean the police chief of the city of his/her designated representative.

Purchase transaction shall mean a transaction in which a secondary metals recycler, junk merchant or junk peddler gives consideration having a value in excess of $10.00 in exchange for regulated metals property.

Regulated metals property shall mean any item composed primarily of any nonferrous metals, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers.

Secondary metals recycler shall include recyclable material merchants and shall mean any person who:

(1)

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

(2)

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.

Junk merchant shall mean any person engaged in the business of buying, selling, exchanging, collecting, acquiring, or dealing in old junk, metals, old iron, chain, brass, copper, tin or lead, or other base metals, secondhand plumbing materials, secondhand gas and electric fixtures, or other used or old articles commonly designated as "junk", including industrial metal or scrap, and having a store, stand, junkyard, or place of business.

Junk peddler shall mean any person engaged in the business of buying, selling, exchanging, collecting, acquiring, or dealing in old junk, metals, old iron, brass, copper, tin or lead, secondhand plumbing materials, secondhand gas and electric fixtures, or other used or old articles commonly designated as "junk" and having no fixed location.

Scrap metals and alloys shall include, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers.

(Ord. No. 4142-08, § 3, 8-25-2008)