SECONDARY METALS RECYCLERS

Hollywood, Fla., City Code tit. XI, ch. 121, pt. SECONDARY METALS RECYCLERS

in effect

Hollywood, Fla., City Code § 121.09 DEFINITIONS.

§ 121.09 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FERROUS METALS. Any metals containing significant quantities of iron or steel. FIXED LOCATION. 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 for a total duration of not less than 364 days. MONEY. A medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. NONFERROUS METALS. 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 subject to regulation under part I. PURCHASE TRANSACTION. A transaction in which a Secondary Metals Recycler gives Money for Regulated Metals Property. REGULATED METALS PROPERTY. Any item composed primarily of any Nonferrous Metals, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers. The term shall include stainless steel beer kegs. SECONDARY METALS RECYCLER. 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. SELLER. The person from whom the Regulated Metal Property is acquired. (Ord. O-2011-29, passed 10-19-11)

Hollywood, Fla., City Code § 121.10 METHOD OF PAYMENT; LIMITATIONS ON CASH TRANSACTIONS.

§ 121.10 METHOD OF PAYMENT; LIMITATIONS ON CASH TRANSACTIONS. (A) A Secondary Metals Recycler shall not enter into any cash transaction in excess of $1,000.00 in payment for the purchase of Regulated Metals Property. (B) Payment procedures. (1) Payment by a Secondary Metals Recycler for the purchase of Regulated Metals Property in excess of $1,000.00 shall be made by check issued to the Seller and payable to the Seller or by electronic payment to the Seller's bank account or to the Seller's employer's bank account. (2) Each check for payment shall be mailed by the Secondary Metals Recycler directly to the current street address of the Seller which is on file with the Secondary Metals Recycler. Payment shall not be mailed to a post office box. Electronic payments shall be sent to a bank account for which the Seller is listed as an account holder or an employee or agent thereof. (3) Each check or electronic payment shall be mailed or electronically transferred by the Secondary Metals Recycler to the Seller within three (3) business days of the Purchase Transaction unless otherwise provided for in this subchapter. (C) Limited exceptions. The Secondary Metals Recycler may provide a check at the time of the Purchase Transaction, rather than by mail as required by B. above, if the Seller provides satisfactory proof of qualification as one of the following: (1) Nonprofit organization registered under the Internal Revenue Code as a 501(c) organization; (2) Governmental agency; (3) Bankruptcy trustee, personal representative of estate or court appointed receiver; (4) Authorized person in execution sale; (5) Manufacturing, industrial or other commercial vendor that generates regulated materials in the ordinary course of business; (6) A law enforcement officer acting in an official capacity; or (7) Any public official acting under judicial process or authority who has presented proof of such status to the Secondary Metals Recycler. (Ord. O-2011-29, passed 10-19-11)

Hollywood, Fla., City Code § 121.11 RESTRICTIONS ON PURCHASES.

§ 121.11 RESTRICTIONS ON PURCHASES. (A) A Secondary Metals Recycler shall not 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 Metal Property on behalf of the person, business, or other entity owning the property (a Secondary Metals Recycler may retain on file an official document on the letterhead of the entity, indicating that the Seller is authorized to sell the item of Regulated Metal Property; however, a letter must be dated within 90 days of the Purchase Transaction). (1) A manhole cover or sewer grate(s). (2) An electric light pole or other utility structure and its fixtures, wires, and hardware which are readily identifiable as coming from the utility structure. (3) A guard rail. (4) A street sign, traffic sign, or traffic signal and its fixtures, wires and hardware. (5) Communication, transmission, distribution, and service wire, from a utility, including cooper or aluminum bus bars, connectors, and grounding plates or grounding wire. (6) A funeral marker or funeral vase. (7) An historical marker. (8) Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E clip, or rail tie junction. (9) Any metal item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad. (10) A copper or aluminum condensing or evaporator coil, including tubing or rods, from a heating or air conditioning unit. (11) An aluminum or stainless still container or bottle designed to hold propane for fueling forklifts. (12) Stainless steel beer kegs. (13) A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of a vehicle. (14) Metallic wire that was burned, in whole or part, to remove insulation. (15) Brass or bronze commercial valves or fittings, referred to as "FDC valves", that are commonly used on structures for access to water for the purpose of extinguishing fires. (16) Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures. (17) A shopping cart. (18) Copper piping or tubing exceeding twenty-five (25) pounds in weight. (19) Aluminum guttering, downspouts or hurricane shutters. (B) Records of transactions. A Secondary Metals Recycler shall maintain a legible record of all Purchase Transactions to which such Secondary Metals Recycler is a party. Such records shall contain the following Seller information: (1) A copy of the Seller's government issued personal identification card that includes a photograph of the seller embossed on the identification card. (2) The name, initials, thumbprint or other identification of the individual entering the information on behalf of the Secondary Metals Recycler regarding the transaction. (3) The date and time of the transaction. (4) The weight, quantity, or volume and a description of the type of Regulated Metals Property purchased. (5) The name and address of the Secondary Metals Recycler. (6) A description of the Seller's vehicle to include the make, model and tag number of the vehicle and trailer used by the Seller to transport the items involved in the transaction. (7) A minimum of two (2) video recording devices capable of capturing the entire purchase transaction including the items that are the subject of the transaction. (C) Notification. When any Seller engages in a Purchase Transaction or attempts to engage in a Purchase Transaction of any of the items listed in A. above, the Secondary Metals Recycler shall notify the Hollywood Police Department within twenty-four hours of the Purchase Transaction, or attempted Purchase Transaction. Notification for a Purchase Transaction shall include all of the records required pursuant to Section 538.19, Florida Statutes. Notification for an attempted Purchase Transaction shall include any information the Secondary Metals Recycler is able to obtain identifying the individual who attempted the Purchase Transaction and the Regulated Metal Property including, but not limited to, photographs, videos, vehicle description vehicle tag, physical description of the Regulated Metal Property and the individual who attempted to sell the Regulated Metal Property. (Ord. O-2011-29, passed 10-19-11)

Hollywood, Fla., City Code § 121.12 RETENTION OF RECORDS.

§ 121.12 RETENTION OF RECORDS. The Secondary Metals Recycler shall retain a copy of records required in § 121.11 herein for not less than five (5) years from the date of the Purchase Transaction and, upon request, shall make them available for immediate inspection by the Hollywood Police Department. (Ord. O-2011-29, passed 10-19-11)

Hollywood, Fla., City Code § 121.13 FACSIMILE, TELECOPIER OR SIMILAR EQUIPMENT REQUIRED.

§ 121.13 FACSIMILE, TELECOPIER OR SIMILAR EQUIPMENT REQUIRED. A Secondary Metals Recycler shall maintain at its place of business, or otherwise have immediate access to, a facsimile, telecopier, e-mail capable device or other equipment of similar function on which notifications of stolen property or other notifications relating to Regulated Metal Property may be expeditiously received from the Hollywood Police Department. The equipment shall be operable at all times during the usual and customary business hours of the Secondary Metals Recycler. The Secondary Metals Recycler shall maintain the facsimile number or other access number or e-mail address of the equipment on file with the Hollywood Police Department and shall notify the Hollywood Police Department within twenty-four (24) hours of any change. (Ord. O-2011-29, passed 10-19-11)

Hollywood, Fla., City Code § 121.14 LOCAL BUSINESS TAX RECEIPTS REQUIRED.

§ 121.14 LOCAL BUSINESS TAX RECEIPTS REQUIRED. All Secondary Metals Recyclers shall comply with § 121.02 of this Chapter and obtain a Local Business Tax Receipt. (Ord. O-2011-29, passed 10-19-11)

Hollywood, Fla., City Code § 121.15 PENALTIES.

§ 121.15 PENALTIES. (A) Criminal Penalties. Any person who violates any provision of this subchapter shall be subject to prosecution as set forth in § 538.23, Florida Statutes. (B) Special Magistrate. The Hollywood Special Magistrate(s) shall have concurrent jurisdiction to enforce the provisions of this subchapter in accordance with Chapter 36 of Hollywood's Code of Ordinances. (Ord. O-2011-29, passed 10-19-11)

Hollywood, Fla., City Code § 121.16 SUPPLEMENTAL.

§ 121.16 SUPPLEMENTAL. These regulations are supplemental to the regulations set forth in Chapter 538, Florida Statutes. (Ord. O-2011-29, passed 10-19-11)

Source: City of Hollywood, Florida, Code of Ordinances, Charter and Zoning and Land Development Regulations (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/hollywood/latest/hollywood_fl/0-0-0-55444Fetched: 11/8/2026