DEALERS IN SALVAGE OR SCRAP METAL

Indianapolis-Marion County Revised Code tit. IV, ch. 951, art. IV

in effect

Indianapolis-Marion County Revised Code § 951-401 Definitions.

Sec. 951-401. - Definitions. For the purpose of this article, the following words and phrases shall have the meanings ascribed to them in this section. Ferrous metal means any metal containing a significant quantity of iron or steel. Nonferrous metal means metal not containing a significant quantity of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. Purchase transaction means a transaction in which a salvage or scrap metal dealer gives consideration to any person in exchange for regulated metals property. Regulated metals property means any item composed primarily of any nonferrous metal, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers. Salvage or scrap metal dealer means any individual, firm, corporation, limited liability company, or partnership, at a permanently established place of business, including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors, salvage yards, dealers in junk, engaged in purchasing, selling, or exchanging ferrous or nonferrous metals that have served their original economic purpose. (G.O. 84, 2007, § 3)

Indianapolis-Marion County Revised Code § 951-402 License required.

Sec. 951-402. - License required. It shall be unlawful for any person to engage in the business of salvage or scrap metal dealer without first obtaining a license from the license administrator. (G.O. 84, 2007, § 3; G.O. 63, 2009, § 162)

Indianapolis-Marion County Revised Code § 951-403 Application for license.

Sec. 951-403. - Application for license. (a) The applicant for a license to engage in the business of salvage or scrap metal dealer shall file an application on a form provided by the license administrator and shall pay a filing fee, which shall not be refundable. (b) An applicant for a salvage or scrap metal dealer's license must be a natural person who has reached the age of eighteen (18) years or a corporation registered and qualified to do business in the State of Indiana. (c) The application for a license to engage in the business of salvage or scrap metal dealer shall set forth the address of the proposed place of business, and the name and address of the person responsible for management of the operation of the business, and shall include such other information as the license administrator deems necessary to investigate the applicant and the applicant's proposed place of business. (d) If the applicant is a corporation, the application shall set forth the following: (1) The name of the corporation exactly as set forth in the Articles of Incorporation; (2) The names and addresses of each officer, director, and shareholder owning more than ten (10) percent of the stock of such corporation; (3) The address of the corporation's registered agent for service of process in the state of Indiana; and (4) A certified copy of a statement from the Secretary of State of the State of Indiana that the corporation is registered in the State of Indiana and is duly qualified to do business in the State of Indiana shall be attached to the application. (G.O. 84, 2007, § 3; G.O. 63, 2009, § 162)

Indianapolis-Marion County Revised Code § 951-404 License fees.

Sec. 951-404. - License fees. The annual fee for a license required by this article shall be provided in section 131-501 of the Code. (G.O. 84, 2007, § 3; G.O. 63, 2009, § 162)

Indianapolis-Marion County Revised Code § 951-405 License term; renewal.

Sec. 951-405. - License term; renewal. (a) Any license issued under this article shall be valid for a one (1) year period as provided in section 801-209 of the Code. (b) An applicant for renewal of a license issued under this article shall file an application on a form provided by the license administrator and shall pay the annual license fee. (G.O. 84, 2007, § 3; G.O. 63, 2009, § 162; G.O. 25, 2010, § 30)

Indianapolis-Marion County Revised Code § 951-406 Transferability of license.

Sec. 951-406. - Transferability of license. It shall be unlawful for any salvage or scrap metal dealer licensed under this article to transfer, assign, or allow the use of such license by any person other than the one to whom it was issued. (G.O. 84, 2007, § 3)

Indianapolis-Marion County Revised Code § 951-407 Unlawful purchases.

Sec. 951-407. - Unlawful purchases. (a) It shall be unlawful for a salvage or scrap metal dealer or any officer, director, manager, or other agent or employee of a salvage or scrap metal dealer to receive any articles in the course of his business from any person who is in an intoxicated condition, a minor, or who is known or suspected by him to have acquired and be disposing of such articles unlawfully. (b) It shall be unlawful for a salvage or scrap metal dealer or any officer, director, manager, or other agent or employee of a salvage or scrap metal dealer to purchase any of the following items of regulated metals property without obtaining proof that the seller owns the property (such as by a receipt or bill of sale) or proof that the seller is an employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business, or entity owning the property and the seller is authorized to sell the item of regulated metals property on behalf of the person, business, or entity owning the property: (1) A manhole cover. (2) An electric light pole and its fixtures and hardware. (3) A guard rail. (4) A street sign, traffic sign, or traffic signal and its fixtures and hardware. (5) A funeral marker or funeral vase. (6) An historical marker. (7) Railroad equipment, including but not limited to a tie plate, switch plate, E clip, or rail tie junction. (8) Any metal used by, or that is the property of, or any item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad. (9) An aluminum or stainless steel container or bottle designed to hold propane for fueling fork lifts. (G.O. 84, 2007, § 3)

Indianapolis-Marion County Revised Code § 951-408 Record to be kept.

Sec. 951-408. - Record to be kept. (a) Every salvage or scrap metal dealer shall keep and preserve a legible record, in a written or electronic form approved by the license administrator, of all purchase transactions to which such salvage or scrap metal dealer is a party. (b) In every purchase transaction in which a salvage or scrap metal dealer acquires regulated metals property from a person other than an officer, director, manager, or other agent or employee of another licensed salvage or scrap metal dealer or a manufacturing, industrial, or other commercial vendor that has a fixed place of business and generates regulated metals property in the ordinary course of business, the salvage or scrap metal dealer acquiring any regulated metals property in the purchase transaction, or an officer, director, manager, or other agent or employee of such salvage or scrap metal dealer shall, at the time of any such purchase transaction, enter the following information into the record required by this section: (1) The weight or quantity and a description of all regulated metals property received in the purchase transaction; (2) The amount of consideration exchanged for all regulated metals property received in the purchase transaction; (3) The date and time of the purchase transaction; (4) The name, address, and date of birth, of the person receiving consideration in exchange for any regulated metals property in the purchase transaction; (5) The motor vehicle license number, make, model, and color of the vehicle delivering the regulated metals property to the salvage or scrap metal dealer's place of business; (6) The name of the person entering the information into the record required by this section; (7) The signature of the person receiving consideration for any regulated metals property in the purchase transaction; (8) A photographic copy of the unexpired government-issued photographic identification card of the person receiving consideration in exchange for any regulated metals property in the purchase transaction; (9) A photographic or videographic image, made at the time of the purchase transaction, showing a frontal view of the facial features of the person receiving consideration for any regulated metals property; and (10) A photographic or videographic image of any regulated metals property received by the salvage or scrap metal dealer in the purchase transaction, and in which image any serial numbers or manufacturer's markings on the regulated metals property are clearly visible. (c) In every purchase transaction in which a salvage or scrap metal dealer acquires regulated metals property from an officer, director, manager, or other agent or employee of a manufacturing, industrial, or other commercial vendor that has a fixed place of business and generates regulated metals property in the ordinary course of business, the salvage or scrap metal dealer acquiring any regulated metals property in the purchase transaction, or an officer, director, manager, or other agent or employee of such salvage or scrap metal dealer shall, at the time of any such purchase transaction, enter the following information into the record required by this section: (1) The weight or quantity and a description of all regulated metals property received in the purchase transaction; (2) The amount of consideration exchanged for all regulated metals property received in the purchase transaction; (3) The date and time of the purchase transaction; (4) The name of the person entering the information into the record required by this section; and (5) The name, address, and telephone number of the manufacturing, industrial, or other commercial vendor receiving consideration in exchange for any regulated metals property in the purchase transaction. (d) A salvage or scrap metal dealer shall maintain or cause to be maintained the record required by this section for not less than five (5) years from the date of the purchase transaction. (e) The record required by this section shall be open to inspection at all reasonable times by the police or the division of construction and business services. (f) It shall be unlawful for a salvage or scrap metal dealer to fail to comply with any provision of this section. (G.O. 84, 2007, § 3; G.O. 63, 2009, § 163; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 951-409 Retention of acquired regulated metals property.

Sec. 951-409. - Retention of acquired regulated metals property. (a) Whenever any salvage or scrap metal dealer receives notice from the Indianapolis Metropolitan Police Department that someone is maintaining a claim of right to possession of any regulated metals property received by the dealer in any purchase transaction, the salvage or scrap metal dealer shall retain the regulated metals property identified in the notice and may not process or remove said property, or any portion thereof, from the dealer's place of business for thirty (30) days, unless sooner released by a Law Enforcement Officer of the Indianapolis Metropolitan Police Department. (b) The stock or inventory of all regulated metals property received by a salvage or scrap metal dealer in a purchase transaction shall at any time during ordinary business hours be available for examination by any law enforcement officer of the Indianapolis Metropolitan Police Department. (c) It shall be unlawful for a salvage or scrap metal dealer to fail to comply with any provision of this section. (G.O. 84, 2007, § 3)

Indianapolis-Marion County Revised Code § 951-410 Violations.

Sec. 951-410. - Violations. Any violation of this Article shall be subject to the enforcement procedures and penalties provided in section 103-3 of this Code. (G.O. 84, 2007, § 3)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH951PADESEGOFLMASADESASCMEDEPRME_ARTIVDESASCMEFetched: 10/27/2026