§ 22-431. Hold notice.

(a)

Whenever a law enforcement officer has reasonable cause to believe that certain items or regulated metals property in the possession of a secondary metals recycler, junk merchant, or junk peddler have been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler, junk merchant, or junk peddler.

(b)

The hold notice shall be in writing, shall be delivered to the secondary metals recycler, junk merchant, or junk peddler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the notice and shall inform the secondary metals recycler, junk merchant, or junk peddler of the information contained in this section. The hold notice may be delivered via facsimile transmission; however, a hold notice delivered in such manner shall be valid for a period not to exceed 24 hours from such transmission. The hold notice may be extended to the full period of time allowed in subsection (c) of this section by hand delivery to the secondary metals recycler, junk merchant, or junk peddler by a law enforcement officer of the hold notice.

(c)

Upon receipt of the notice issued in accordance with this section, secondary metals recycler, junk merchant, or junk peddler receiving the notice may not process or remove the items or regulated metals property identified in the notice or any portion thereof from the place of business of the secondary metals recycler, junk merchant, or junk peddler for 15 calendar days after being identified, unless sooner released by a law enforcement officer.

(d)

No later than the expiration of the foregoing 15-day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice.

(1)

The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, junk merchant, or junk peddler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler, junk merchant, or junk peddler of the information contained in this section.

(2)

Upon receipt of the extended hold notice issued in accordance with this section, the secondary metals recycler, junk merchant, or junk peddler receiving the extended hold notice may not process or remove the items of regulated metals property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler, junk merchant, or junk peddler for 45 calendar days after receipt of the extended hold notice by the secondary metals recycler, junk merchant, or junk peddler, unless sooner released by a law enforcement officer.

(e)

At the end of the hold notice then in effect, the secondary metals recycler, junk merchant, or junk peddler may dispose of the regulated metals property unless other disposition has been ordered by a court of competent jurisdiction.

(Ord. No. 4142-08, § 3, 8-25-2008)