§ 22-425. Recordkeeping requirements.

(a)

A secondary metals recycler, junk merchant, or junk peddler shall legibly, in the English language, complete a transaction form at the time of each transaction relating to nonferrous metals and regulated metals property. Unless other arrangements have been agreed upon by the secondary metals recycler, junk merchant, or junk peddler and the city police department, the secondary metals recycler, junk merchant, or junk peddler shall, within 24 hours after the acquisition of any items, deliver to the city police department a record of the transaction on a form approved by the city. Such record shall contain:

(1)

The time, date, and place of the transaction.

(2)

A description of the person from whom the item(s) were acquired, including:

a.

Full name, current residential address, workplace, and home and work phone numbers.

b.

Driver's license, or personal identification card.

c.

Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.

d.

The right thumbprint, free of smudges and smears, of the person from whom the goods were acquired. If the right thumbprint cannot be obtained, the left thumbprint shall be obtained and the reason why the right thumb print was not available shall be listed on the form.

(3)

The name of the person handling the transaction.

(4)

A signed affidavit stating that the item(s) received in the transaction are not stolen.

(b)

No secondary metals recycler, junk merchant, or junk peddler shall accept any nonferrous metal or regulated metals property unless it shall make a photograph of the person from whom such article is being received and attach such photograph to the transaction form which shall be completed at the time of the transaction.

(c)

No secondary metals recycler, junk merchant, or junk peddler shall accept any nonferrous metal or regulated metals property unless it has verified the identification, by the exhibition of a photographic personal identification card of the person from whom such article is being received.

(d)

All secondary metals recycler, junk merchants, or junk peddlers regulated by this article shall maintain each and every completed transaction record on the registered premises, or in an electronic database accessible from the premises as long as the database contains the information required by this section, along with an electronic oath of ownership with and electronic signature of the seller of the article being purchased by the secondary metals recycler, junk merchant or junk peddler and an electronic image of the seller's right thumbprint that has no smudges and smears, and can be downloaded onto a paper form in the image of the form approved by the city police department for three years from the date of the transaction. No secondary metals recycler, junk merchant, or junk peddler shall refuse to deliver such photograph or transaction form to any law enforcement officer upon request in connection with a specific item of stolen property within three years following the date of the transaction.

(e)

Every secondary metals recycler, junk merchant, or junk peddler shall display a notice to his customers in a prominent place to the effect that he is required to photograph and fingerprint every person selling or offering as full or part payment an item to him, pursuant to city Code.

(f)

At least 60 days prior to the destruction of a photograph or transaction form, the secondary metals recycler, junk merchant, or junk peddler shall notify, in writing, the city police department of his intent to destroy such documents. The city police department, at its option, shall request the secondary metals recycler, junk merchant, or junk peddler to turn over all said documents to the city police department, and the secondary metals recycler, junk merchant, or junk peddler, upon said request, shall turn over all documents to the city police department.

(Ord. No. 4142-08, § 3, 8-25-2008)