HomeMy WebLinkAbout4154 Ordinance ORDINANCE NO. q(51
AN ORDINANCE of the City of Pasco, Washington, Creating a New
Chapter 5.13 "Scrap Metal Business License"; Amending Section 5.12.010
"Definitions"; and Amending Section 3.07.050 "Business Licenses."
WHEREAS, the Washington legislature has amended regulations for scrap metal
businesses within the State of Washington reserving to the cities authority for permitting general
business licensing, zoning, land use, environmental, and health and safety requirements and to
impose consistent penalties for the violation thereof; and
WHEREAS, such regulations are distinct and separate from those regulations affecting
pawnbrokers and second-hand dealers as presently addressed in the Code, a new Chapter is
required to the Code to regulate scrap metal businesses. NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 5.13 entitled "Scrap Metal Business License" of the
Pasco Municipal Code, shall be and hereby is created and shall read as follows:
Chapter 5.13
SCRAP METAL BUSINESS LICENSE
Sections:
5.13.010 Scrap Metal Business License Required- Definitions-Fees.
5.13.020 State License Required-Adoption of Statute by Reference.
5.13.030 Prohibited Acts -Penalties.
5.13.040 Inspection of Licensed Premises and Records.
5.13.050 Enforcement.
5.13.010 SCRAP METAL BUSINESS LICENSE REQUIRED - DEFINITIONS -
FEES.
A) It is unlawful for any person to engage in the scrap metal business, as a scrap
metal processor, scrap metal recycler, or a scrap metal supplier,without having first obtaining a
license from the City, and paying the license fee.
B) Scrap metal business,as defined by this Chapter, shall include:
1) "Scrap metal processor" which means a person or entity that conducts
business from a permanent location within the City, that is engaged in the business of
purchasing or receiving private metal property, nonferrous metal property, and
commercial metal property for the purpose of altering the metal in preparation for its use
Scrap Metal Business License Ordinance—Page 1
as feedstock in the manufacture of new products, and maintains a hydraulic bailer,
shearing device,or shredding device for recycling.
2) "Scrap metal recycle?' which means a person or entity that is engaged in
the business of purchasing or receiving private metal property,nonferrous metal property,
and commercial metal property for the purpose of aggregation and to sale to another
scrap business and that maintains a fixed place of business within the City.
3) "Scrap metal supplier" which means a person or entity that is engaged in
the business of purchasing or receiving private metal property or nonferrous metal
property for the purpose of aggregation and sale to a scrap metal recycler or scrap metal
processor and that does business within the City.
C) The provisions of this Chapter do not apply to transactions involving metal from
the components of vehicles acquired by vehicle wreckers, hulk haulers, or scrap processors
licensed under Chapter 46.79 or 46.80 RCW, and acquired in accordance with those laws or
transactions conducted by the following:
1) Motor vehicle dealers licensed under Chapter 46.70 RCW;
2) Persons or entities in the business of operating an automotive repair
facility as defined under RCW 46.71.011; and
3) Persons or entities in the business of buying or selling empty food and
beverage containers,including metal food and beverage containers.
D) The license fee for each scrap metal business shall be as set forth in Chapter 3.07
of this Code for each year,plus the square foot charges and outside area charges.
5.13.020 STATE LICENSE REQUIRED - ADOPTION OF STATUTE BY
REFERENCE.
A) As a condition of the issuance of a scrap metal business license as provided in
Section 5.13.010 above, the business license applicant shall have applied for, and received a
State scrap metal license.
B) For the purpose of regulating the scrap metal business, the following statutes and
their subsequent amendments and additions thereto, are hereby adopted by reference:
1) RCW 19.290.010"Definitions."
2) RCW 19.290.020 "Private metal property or nonferrous metal property -
Records required."
3) RCW 19.290.030 "Metal property and metallic wire - requirements for
transaction."
Scrap Metal Business License Ordinance—Page 2
4) RCW 19.290.040 "Scrap metal businesses - Record of commercial
accounts."
5) RCW 19.290.050 "Reports to law enforcement - Records exempt from
public disclosure-Private civil liability."
6) RCW 19.290.060"Stolen metal property-Preserving evidence."
5.13.030 PROHIBITED ACTS - PENALTIES. It is a gross misdemeanor for:
A) Any person or entity to engage in the scrap metal business without having first
applied for and received a scrap metal business license under this Chapter and from the
Washington State Department of Licensing or engaging in such business following the
expiration, or revocation of such license.
B) Any person to deliberately remove, alter, or obliterate any manufacturer's make,
model, or serial number, personal identification number, or identifying marks engraved or etched
upon an item of private metal property, nonferrous metal property, or commercial metal property
in order to deceive a scrap metal business.
C) Any scrap metal business to enter into a transaction to purchase or receive any
private metal property, nonferrous metal property, or commercial metal property where the
manufacturer's make, model, or serial number, personal identification number, or identifying
marks engraved or etched upon the property have been deliberately and conspicuously removed,
altered, or obliterated.
D) Any person to knowingly make, cause, or allow to be made any false entry or
misstatement of any material matter in any book, record, or writing required to be kept under this
Chapter and Chapter 19.290 RCW.
E) Any scrap metal business to enter into a transaction to purchase or receive private
metal property, nonferrous metal property, or commercial metal property from any person under
the age of eighteen (18) years or any person who is discernibly under the influence of
intoxicating liquor or drugs.
F) Any scrap metal business to enter into a transaction to purchase or receive private
metal property, nonferrous metal property, or commercial metal property with anyone whom the
scrap metal business has been informed by a law enforcement agency to have been convicted of
a crime involving drugs, burglary, robbery, theft, or possession of or receiving stolen property,
manufacturing, delivering, or possessing with intent to deliver methamphetamine, or possession
of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts
or isomers or salts of isomers, or anhydrous ammonia with intent to manufacture
methamphetamine within the past four years whether the person is acting in his or her own
behalf or as the agent of another.
Scrap Metal Business License Ordinance—Page 3
G) Any person to sign the declaration required under RCW 19.290.020 knowing that
the private metal property or nonferrous metal property subject to the transaction is stolen. The
signature of a person on the declaration required under RCW 19.290.020 constitutes evidence of
intent to defraud a scrap metal business if that person is found to have known that the private
metal property or nonferrous metal property subject to the transaction was stolen.
H) Any scrap metal business to possess private metal property or commercial metal
property that was not lawfully purchased or received under the requirements of this Chapter or
Chapter 19.290 RCW.
I) Any scrap metal business to engage in a series of transactions valued at less than
thirty dollars ($30.00) with the same seller for the purposes of avoiding the requirements of
RCW 19.290.030(4).
J) Any person to knowingly make a false or fictitious oral or written statement or to
furnish or exhibit any false, fictitious, or misrepresented identification, with the intent to deceive
a scrap metal business as to the actual seller of the scrap metal.
5.13.040 INSPECTION OF LICENSED PREMISES AND RECORDS. The Police
Chief of the City of Pasco, or his designee, may make periodic inspections of the licensee's
licensed premises and records provided for in this Chapter and as required by Chapter 19.290
RCW, and furnish a certificate of inspection to the Department of Licensing in such manner as
may be determined by the Department. Licensees are subject to unannounced periodic
inspections as described in this section.
5.13.050 ENFORCEMENT. In addition to those requirements provided in Chapter
5.04 of this Code, including revocation of license, enforcement of this Chapter may include that
authority granted by the following statutes,their amendments, and additions as follows:
A) RCW 19.290.080"Civil penalties."
B) RCW 19.290.220"Scrap theft alert system."
C) RCW 19.290.230"Seizure and forfeiture."
D) RCW 19.290.250 "No-buy list database program - Scrap metal business to
determine if customer is listed."
Section 2. That Section 5.12.010 entitled"Definitions"of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
5.12.010 DEFINITIONS. Unless the context clearly requires otherwise, the
definitions of this section apply throughout this Chapter.
Scrap Metal Business License Ordinance—Page 4
GA) Non-metal junk means any non-metal, commonly discarded item that is worn out,
or has outlasted its usefulness as intended in its original form except non-metal junk does not
include an item made in a former period which has enhanced value because of its age.
l ) Pawnbroker means every person engaged, in whole or in part, in the business of
loaning money on the security of pledges, of personal property, or deposits, or conditional sales
of personal property, or the purchase or sale of personal property.
EC) Precious metals means gold, silver and platinum.
ED) Second-hand dealer means every person engaged in whole or in part in the
business of purchasing, selling, trading, consignment selling, or otherwise transferring for value,
second-hand personal property, '• - _ --- . - , -- • -- - :.-,precious metals,whether or
not the person maintains a fixed place of business within the State. Second-hand dealer also
includes persons or entities conducting business at flea markets or swap meets, more than three
times per year.
GE) Second-hand property means any item of personal property offered for sale which
is not new, including metals in any form, except postage stamps, coins that are legal tender,
bullion in the form of fabricated hallmarked bars, used books, and clothing of a resale value of
seventy-five dollars or less, except furs.
#F) Transaction means a pledge, or the purchase of, or consignment of, or the trade of
any item of personal property by a pawnbroker or a second-hand dealer from a member of the
general public.
IG) Term of the loan as defined in this chapter shall be set for a period of thirty days
to include the date of the loan. (Ord. 2838 Sec. 1, 1991;prior code Sec. 3-5.04.)
Section 3. That Section 3.07.050 entitled "Business Licenses" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
3.07.050 BUSINESS LICENSES:
Fee/Charge Reference
A) License Base Fee(include 1st 3000 sq ft) $75.00 5.04.130
B) Maximum License Fee $500.00 5.04.120
Scrap Metal Business License Ordinance—Page 5
C) Square Footage Fees(ea in. of 3000) $30.00 5.04.140
D) Outside Area Charge $50.00 5.04.150
E) Late Penalty $30.00 5.04.190
1) Rentals-Dwelling units, 20%of amount due 5.04.190
per license
2) All other business licenses $30.00 5.04.190
F) Transfer Fee $37.00 5.04.080
G) Business Located Outside City Limits $75.00 5.04.160
H) Rental Dwellings-includes first unit $30.00 5.04.160
(No maximum fee)
1) Each additional unit $3.00 5.04.160
1) Auction Sales -for 3 days $75.00 5.04.150
J) Scrap Metal Business $150.00 5.13.010
3K) Bank/Financial Institution $200.00 5.04.160
KL) Bowling Alleys-includes first alley $75.00 5.04.160
1) Each addl. alley $6.00 5.04.160
LM) Commercial Rentals-includes first $75.00 5.04.160
location
1) Each additional location or unit $3.00 5.04.160
MN) Dray and Transfer- includes first truck $75.00 5.04.160
1) Each additional truck $5.00 5.04.160
NO) Hotels/Motels/Cabins Courts-base fee $75.00 5.04.160
1) Each unit $5.00 5.04.160
OP) Liquor Sales without dancing $200.00 5.05.140
(including 1st 3000 sq. ft)
Scrap Metal Business License Ordinance—Page 6
1OQ) Prof. Boxing/Wrestling-per show $75.00 5.04.160
QR) Sleeping Rooms/Rooming Houses $75.00 5.04.160
(min.4 rooms)
1) Per room/unit charge $5.00 5.04.160
RS) Theaters $150.00 5.04.160
£,T) Special Events:
1) Athletic, Competitive or Festival $25.00 5.25.070
2) Concert $25.00 5.25.070
3) Dance Hall -without liquor $75.00 5.25.070
a) Additional square footage
4) Dance Hall -with liquor $350.00 5.25.070
a) Additional square footage
5) Demonstration $15.00 5.25.070
6) Outdoor Music Festival $25.00 5.25.070
7) Parade $15.00 5.25.070
8) Public Dance $15.00 5.25.070
9) Temporary Special Sales Event $40.00 for the 5.25.070
(maximum for event$500.00) first vendor
a) Each additional vendor $20.00 5.25,070
10) Street and Intersection Closure $50.00 5.25.115
Review Fee (A)(5)
TLJ) Flea Markets/Swap Meets/Buy& Sell $75.00 5.06.030
Marts
1) Each additional 100 sq. ft of space $5.00 5.06.030
UV) Solicitors $150.00 5.08.050
Scrap Metal Business License Ordinance—Page 7
VW) Itinerant Merchants:
1) Application fee $60.00 5.10A.060
2) Monthly fee-if application approved $45.00 5.10A.060
WX) Mobile Vendors
1) Application fee $25.00 5.10A.060
2) Monthly fee-if application approved $10.00 5.10A.060
XY) Pawnshop $250.00 5.12.012
VZ) Carnivals and Circuses- first day fee $275.00 5.16A.270
1) Each and every day after first $125.00 5.16A.270
ZAA) Amusement Device Distributor $500.00 5.20.100
1) Amusement Device User $50.00 5.20.100
1-6 machines
2) Amusement Device User $100.00 5.20.100
6+machines
AABB)Adult Entertainment Facility: $700.00 5.27.110
1) Adult Entertainer $150.00 5.237.110
2) Adult Waitperson $150.00 5.27.110
3) Adult Ent. Bus. Mgr. $150.00 5.27.110
13BCC)For-Hire Vehicles (maximum of $50.00 5.45.050
$500.00)-per vehicle
1) Driver's Permit Fee $50.00 5.45.090
2) Operator's License-Vehicle Transfer $5.00 5.45.070
3) Photograph $5.00 5.45.110
4) Fingerprints $10.00 5.45.110
5) Criminal History Check $30.00 5.45.110
Scrap Metal Business License Ordinance—Page 8
CCDD)Sidewalk Sales No fee 5.56.010
DHEE)Mobile Home Park
1) Inspection fee $20.00 19.12.030
2) License fee $25.00 19.12.030
3) Per unit fee $3.00 19.12.030
€EFF) Yard Sale Permit No fee 5.25.020
1) Yard Sale Sign Violation $50.00 17.050.020
(Ord. 4100, 2013; Ord. 4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006;
Ord. 3759,2006; Ord. 3543,2002.)
Section 4. The City Clerk shall, pursuant to RCW 35.21.180, maintain no less than
one copy of Chapter 19.290 RCW, and the amendments and additions thereto, including those
portions which are adopted by reference by this Ordinance, for use and examination by the
public prior to the effective date of this Ordinance.
Section 5. This Ordinance shall take full force and effect five (5) days after its
approval,passage and publication as required by law.
PASSED by the City Council of the City of Pasco,Washington,and approved as provided by
law this 21 day of Apt, ' ,2014.
Matt Watkins,Mayor
AT E " : APPRO S TO FORM:
if Olio --re
Debbie Clar,City Clerk —? Leland B.Kerr,City Attorney
Scrap Metal Business License Ordinance—Page 9