HomeMy WebLinkAboutOrdinance 2995ORDINANCE NO. 2995
AN ORDINANCE AMENDING THE CODE OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AS AMENDED, BY AMENDING CHAPTER
18 BY ADDING ARTICLE XI, "SECONDARY METAL RECYCLERS";
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE OF JULY 1, 2008.
WHEREAS, the current City Code of the City of North Richland Hills does not provide
for the regulation and licensing of secondary metal recyclers; and
WHEREAS, the City Council deems it necessary to exercise the City's police power to
promote, through regulation and licensing of secondary metal recyclers,
the recovery of stolen property; and
WHEREAS, Chapter 1956 of the Texas Occupations Code permits a municipality to
adopt a rule or ordinance that imposes standards that are more stringent
than those imposed by Chapter 1956 of the Texas Occupations Code; and
WHEREAS, the City Council has determined that requiring secondary metal recyclers
to maintain certain records is a necessary exercise of the City's police
power to promote the recovery of stolen property; and
WHEREAS, the City Council has determined that requiring secondary metal recyclers
to hold regulated metal for no less than five days to allow peace officer
inspections for suspected stolen property is a necessary exercise of the
City's police power; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
Section 1: Chapter 18 of the North Richland Hills City Code is hereby amended by
adding Article XI which shall read as follows:
"ARTICLE XI. SECONDARY METAL RECYCLERS
SEC. 18-901. PURPOSE
This chapter is an exercise of the City's police power to promote, through
regulation of secondary metal recyclers, the recovery of stolen property. This
chapter provides licensing and recordkeeping requirements and enforcement
procedures that will enable the Police Department to identify and recover public
and private property composed of certain metal that may have been illegally
appropriated.
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This chapter is adopted pursuant to the authority of Texas Occupations Code
Section 1946.003 and shall be interpreted with reference to that code. It is the
intent of this chapter to impose standards that are in addition to and more
stringent than the requirements of Texas Occupations Code Chapter 1956, but
which do not conflict with that law.
SEC. 18-902. DEFINITIONS
In this chapter:
Bales of recycled metal. Metals processed with professional recycling equipment by
compression, shearing, or shredding, to a form in which it may be sold by a secondary
metal recycler consistent with industry standards.
Check. A written order to a bank to pay a stated amount of money from the secondary
metal recycler's bank account.
Chief of Police. The Chief of Police for the City of North Richland Hills and his
designees.
Ferrous Metal. A metal that contains significant quantities of iron or steel.
Hold Notice. Written notification by the Chief of Police as herein defined to a
secondary metal recycler stating that the secondary metal recycler may not sell,
redeem, or dispose of certain regulated metal property that the Chief of Police has
reasonable suspicion to believe has been stolen.
Licensee. A person in whose name a license has been issued under this chapter or a
person listed as an applicant on the application for a license.
Nonferrous metal. A metal that does not contain significant quantities of iron or steel,
including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and
their alloys.
Passport. A passport issued by the United States government or issued by another
country and recognized by the United States government.
Person. An individual, partnership, corporation, joint venture, trust, association, and any
other legal entity.
Personal ldentification Certificate. A personal identification card issued by the Texas
Department of Public Safety under Section 521.101 of the Texas Transportation Code, as
amended, or a similar card or certificate issued by another state.
Purchase Transaction. A transaction in which a secondary metal recycler gives
consideration in exchange for regulated metal property.
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Recyclable Can: Aluminum food or beverage containers, used food or beverage
containers, or similar food or beverage containers, other than beer or beverage kegs;
Regulated Material. Has the meaning given that term by Texas Occupations Code
Section 1956.001(9), and includes, but is not limited to wiring, pipe, or conduit that is
composed of or contains aluminum, copper, bronze or brass.
Regulated metal property. Any item composed in whole or in part of any ferrous or
nonferrous metal, other than an item composed of tin, as defined herein. Regulated
metal property shall also include regulated material, as defined herein.
Secondary Metal Recyc/er. Any person who:
(a) is engaged in the business of purchasing, collecting, or soliciting regulated
metal property; or
(b) operates or maintains a facility where regulated metal property is
purchased or kept for shipment, sale, transferor salvage.
Seller. Any person who, in a purchase transaction, receives consideration from a
secondary metal recycler in exchange for regulated metal property.
Tin. Metal consisting predominantly of light sheet metal ferrous scrap, including,
large and small household appliances, construction siding, and construction roofing.
SEC. 18-903. RECORDS REQUIRED.
(a) A secondary metal recycler shall maintain an accurate and legible record
of each purchase transaction. Each transaction must be recorded
separately.
(b) The record of each purchase transaction must be in English and contain
the following information:
(1) the name and address of the secondary metal recycler;
(2) the name, initials, or other identifying information, of the individual
recording the information required by this section for the secondary
metal recycler;
(3) the seller's name, address, sex, birth date, and the identifying
number from the seller's driver's license, military identification card,
passport, or personal identification certificate;
(4) the license number, color, and style or make of any motor vehicle in
which the regulated metal property is delivered in a purchase
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transaction, along with a digital photograph of the vehicle which
clearly depicts the make, model, and license plates;
(5) the date and time of the purchase transaction;
(6) the weight, quantity, or volume, made in accordance with the
custom of the trade, of the regulated metal property purchased;
(7) a general description, made in accordance with the custom of the
trade, of the predominant types of regulated metal property
purchased in the purchase transaction, along with a digital
photograph of the materials;
(8) the amount of consideration given in a purchase transaction for the
regulated metal property;
(9) a signed statement, in a form approved by the Chief of Police, from
the seller in a purchase transaction affirming a legal right of
ownership and the right to sign over title to the regulated metal
property offered for sale;
(10) a digital photograph of the seller that clearly depicts the seller's
facial features; and
(11) the seller will additionally be required to affix a clear and legible
thumb print on the record of purchase.
(c) A person selling or attempting to sell regulated metal property to a
secondary metal recycler shall:
(1) display to the secondary metal recycler the person's driver's
license, military identification card, passport, or personal
identification certificate;
(2) sign a written statement provided by the secondary metal recycler
affirming that the person is the legal owner of, or is lawfully entitled
to sell, the regulated material offered for sale; and
(3) utilize a lawfully operational vehicle to transport the regulated metal
property to the secondary metal recycler unless the materials to be
submitted consist of recyclable cans having a value of $50 or less.
(d) The secondary metal recycler or the recyclers agent shall visually verify
the accuracy of the identification presented by the seller at the time of
each purchase of regulated metal property.
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(e) After notice from the Chief of Police of the fraudulent or forged nature of a
particular driver's license, military identification card, passport or personal
identification certificate, the secondary metal recycler shall refuse to
accept said fraudulent or forged document for the purpose of complying
with the requirements of this chapter. The notice required under this
subsection shall include a copy of the fraudulent or forged driver's license,
military identification card, passport or personal identification card.
(f) A secondary metal recycler shall maintain on file the information, including
photographs, required by this section for not less than three years from
the date of the purchase transaction. A secondary metal recycler shall
make these records available for inspection by any peace officer, upon
request, at the secondary metal recyclers place of business during the
usual and customary business hours of the secondary metal recycler.
(g) The recordkeeping requirements of this section are in addition to any
required by Chapter 1956 of the Texas Occupations Code, as amended.
(h) It is a defense to prosecution under Subsection (b)(10) of this section that:
(1) an accurate and recognizable photograph of the seller, taken within
the preceding six months, was currently on file with the secondary
metal recycler; and
(2) at the time of the purchase transaction, the secondary metal
recycler, or an employee of the secondary metal recycler, visually
verified that the seller was actually the person depicted in the file
photograph.
SEC. 18-904. NOTICE TO SELLERS.
(a) A secondary metal recycler shall at all times maintain in a prominent place
in the secondary metal recycler's place of business, in open view to a
seller of regulated metal property, a notice in two-inch lettering that
contains the following or similar language approved by the Chief of Police:
"A PERSON ATTEMPTING TO SELL ANY REGULATED METAL
PROPERTY MUST PRESENT SUFFICIENT IDENTIFICATION
REQUIRED BY CITY OF NORTH RICHLAND HILLS ORDINANCE.~~ This
notice is in addition to the notice requirements set forth in Chapter 1956 of
the Texas Occupations Code.
(b) The notice required by this section may be contained on a sign that
contains another notice required by law to be displayed by the secondary
metal recycler.
SEC. 18-904. FACSIMILE, TELECOPIER OR SIMILAR EQUIPMENT REQUIRED.
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(a) A secondary metal recycler shall maintain at its place of business, or
otherwise have immediate access to, a facsimile, telecopier 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 Police Department. The equipment must
be operable at all times during the usual and customary business hours of
the secondary metal recycler. The secondary metal recycler shall
maintain the facsimile number or other access number of the equipment
on file with the Chief of Police and shall notify the Chief of Police within 24
hours after any change in the number.
(b) The Chief of Police may provide to secondary metal recyclers notices of:
(1) photocopies of fraudulent or forged driver's license, military
identification card, passport, personal identification certificate or
other document provided by sellers under this Article;
(2) individuals convicted of theft of regulated metal property for
offenses arising in the City of North Richland Hills; and
(3) metal items reported or suspected stolen.
SEC. 18-905. RESTRICTIONS ON THE PURCHASE OF REGULATED METAL
PROPERTY.
(a) A secondary metal recycler shall conduct all purchase transactions only
between the hours of 7:00 a.m. and 7:00 p.m. All payments for purchase
transaction shall be by check. Cash payments are prohibited, except that
cash payments may be made for up to $50.00 of recyclable cans.
(b) A secondary metal recycler shall not purchase any of the following items
of regulated metal 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 who is authorized to sell the item of
regulated metal property on behalf of the person, business, or entity
owning the property:
(1) A utility access cover;
(2) A street light or electric pole and any of their fixtures or hardware;
(3) A road or bridge guard rail;
(4) A street sign, traffic sign or traffic signal and any of their fixtures or
hardware;
(5) A water meter cover;
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(6) Any metal marked with any form of the name or initials of a
governmental entity, including the City of North Richland Hills,
another municipality, and the state of Texas;
(7) Property owned by a telephone, cable, electric, water or other utility
provider, including communication, transmission and service wire;
(8) Railroad equipment, including but not limited to a tie plate, switch
plate, E clip or rail tie junction;
(9) A funeral marker or funeral vase;
(10) An historical marker;
(11) Bales of recycled metal;
(12) Catalytic converters;
(13) A copper or aluminum condensing or evaporator coil from a heating
or air conditioning unit; or
(14) An aluminum or stainless steel container or bottle designed to hold
propane for fueling fork lifts.
(c) A secondary metal recycler shall maintain on file the information required
by Subsection (b) of this section for not less than one year from the date
of the purchase of the item of regulated metal property. A secondary
metal recycler shall make these records available for inspection by any
police officer, upon request, at the secondary metal recycler's place of
business during the usual and customary business hours of the secondary
metal recycler.
(d) A secondary metal recycler shall not purchase any item of regulated metal
property from an intoxicated person.
(e) No metal recycling entity shall purchase or otherwise receive in the course
of business, any item, ownership of which is claimed by any minor, or
which may be in the possession or under control of a minor, unless;
(1) the only items offered for sale by the minor are recyclable cans; and
(2) the purchase transaction does not to exceed $50.00.
SEC18-906. INSPECTION.
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(a) A secondary metal recycler shall, during the usual and customary
business hours, allow a peace officer to:
(1) inspect a secondary metal recycler's place of business;
(2) copy or verify the correctness of documents, including records or
reports required to be kept under this chapter; and
(3) examine or inspect metal inventory.
(b) A secondary metal recycler who fails or refuses to comply with any part of
Subsection (a) above violates this chapter. The failure or refusal is
grounds for suspension or revocation of a license
SEC. 18-907. 5-DAY HOLD ON REGULATED METAL PROPERTY;
SEGREGATION, LABELING, AND INSPECTION OF
REGULATED METAL PROPERTY; EXCEPTIONS.
(a) Except as provided in Subsection (c) of this section, a secondary metal
recycler shall retain possession of purchased regulated metal property at
the secondary metal recycler's local place of business and withhold the
property from alteration, processing, resale or salvage use for five days
after purchase, unless the property is released sooner by written order of
the Chief of Police or by order of a court of competent jurisdiction.
(b) Except as provided in Subsections (c) of this section, a secondary metal
recycler shall segregate all regulated metal property purchased from a
seller from regulated metal property purchased from other sellers and
attach to the property, or to the container in which the property is held, a
label indicating the name of the seller, the date on which the property was
purchased and the number of the receipt on which the purchase
information is recorded. If in any single purchase transaction, there are
multiple items of regulated metal property of the same general type, only
one representative item from each type of regulated property must be
segregated and labeled in accordance with this subsection.
(c) The hold, segregation, and labeling requirements of Subsections (a) and
(b) of this section do not apply to any item of regulated metal property
composed predominantly of ferrous metal material, unless the secondary
metal recycler has received notice that the Chief of Police has, in
accordance with this subsection, designated the item or type of item as
being subject to those requirements. The Chief of Police shall periodically
review theft statistics on ferrous regulated metal property and establish a
list of items or types of items that the Chief of Police determines are
subject to the requirements of Subsection (a) and (b). A current list must
be maintained on file in the Chief of Polices designee's office, or in
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another designated office of the Police Department, so that it may be
inspected by the public during the City's normal business hours. Notice of
the list must be given to secondary metal recyclers in accordance with
schedules and procedures established by the Chief of Police. A
secondary metal recycler is presumed to have received notice of the list if
the Police Department transmits the list to the facsimile number or access
number provided by the secondary metal recycler under Section 18-905 of
this chapter.
SEC. 18-908. HOLD ON STOLEN REGULATED METAL PROPERTY; HOLD
NOTICE.
(a) Whenever a peace officer has reasonable suspicion to believe that certain
items of regulated metal property in the possession of a secondary metal
recycler are stolen, the peace officer may issue a hold notice. The hold
notice must:
(1) identify those specific items of regulated metal property alleged to
be stolen and subject to hold; and
(2) inform the secondary metal recycler of the restrictions imposed on
the regulated metal property under Subsection (b) of this section.
(b) A secondary metal recycler may not, for 60 days from the date of receiving
a hold notice under this section, process or remove from the secondary
metal recycler's place of business any regulated metal property identified
in the hold notice, unless the property is released sooner by the peace
officer who issued the hold notice or by order of a court of competent
jurisdiction. At the expiration of the hold period, the hold is automatically
released, and the secondary metal recycler may dispose of the regulated
metal property unless otherwise directed by a court of competent
jurisdiction.
SEC. 18-909. OFFENSES; DEFENSES; PENALTY.
(a) A person who violates any provision of this chapter, or who fails to perform
a duty required of him under this chapter, commits an offense. A person
is guilty of a separate offense for each item of regulated metal property
involved in a violation of this chapter. An offense under this chapter is
punishable by a fine not to exceed $500.
(b) It is a defense to prosecution under this chapter that the regulated metal
property involved:
(1) was purchased from a charitable, philanthropic, religious, fraternal,
civic, patriotic, social or school-sponsored organization or from any
Ordinance No. 2995
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organization that is exempt from taxation under Section 501(c)(3) of
the Internal Revenue Code, as amended;
(2) was purchased from any public officer acting in an official capacity
as a trustee in bankruptcy, executor, administrator or receiver; from
any public official acting under judicial process or authority, or from
a sale on the execution, or by virtue, of any process issued by a
court;
(3) consists of aluminum food or beverage containers, used food or
beverage containers, or similar food or beverage containers for the
purpose of recycling, other than beer or beverage kegs; or
(4) was purchased from a manufacturing, industrial or other
commercial vendor that generates or sells regulated metal property
in the ordinary course of its business.
SEC. 18-910. LICENSE REQUIRED.
(a) A person commits an offense if, without a license issued under this article,
he:
(1) purchases regulated metal property in the City for resale or salvage
use;
(2) operates a business establishment in the City that purports to
purchase regulated metal property for resale or salvage use; or
(3) in any other manner conducts business in the City as a secondary
metal recycler.
(b) An application for a license must be made on a form provided by the Chief
of Police. Each applicant must be qualified according to the provisions of
this chapter.
(c) A person who wishes to purchase regulated metal property for resale or
salvage use must sign the application as applicant. If the person is a legal
entity, including but not limited to a corporation, partnership, association, or
joint venture, each individual who has a 20 percent or greater interest in the
business must sign the application for a license as an applicant. Each
applicant must meet the requirements of Section 18-911, and each
applicant will be considered a licensee if a license is granted.
(d) It is a defense to prosecution under this section that, at the time of the
alleged offense, the person was purchasing regulated metal property for
resale or salvage use under the specific authority of a valid license issued
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by the State of Texas or the United States government. A license must
still be obtained under this section for those activities conducted by a
secondary metal recycler that are not specifically authorized by a state or
federal license.
SEC. 18-911. ISSUANCE OF LICENSE; POSTING.
(a) The Chief of Police shall issue a license to an applicant within 30 days
after receipt of an application unless it is determined that one or more of
the following is true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant's spouse is overdue in payment to the
City of taxes, fees, fines or penalties assessed against or imposed
upon the applicant or the applicants spouse.
(3) An applicant failed to answer or falsely answered a question or
request for information on the application form provided.
(4) An applicant or an applicant's spouse has been convicted of two or
more offenses under this chapter, other than the offense of
conducting business as a secondary metal recycler without a
license, within two years immediately preceding the application.
The fact that a conviction is being appealed has no effect.
(5) An applicant has not obtained a certificate of occupancy for the
premises in which the applicant intends to do business, or the
business or its location would otherwise be in violation of the City of
North Richland Hills Code of Ordinances or any other applicable
city ordinance, state or federal law.
(6) The license fee required by this chapter has not been paid.
(7) An applicant has been convicted of a felony or a Class A
misdemeanor involving theft or fraud, including but not limited tc
theft, robbery, burglary, forgery, criminal simulation, deceptive
business practices, securing execution of document by deception,
or any other similar state or federal criminal offense, and three
years have not elapsed since the termination of any sentence,
parole or probation. The fact that a conviction is being appealed
has no effect. If three years have elapsed, the Chief of Police shall,
in accordance with Section 53.023 of the Texas Occupations Code,
as amended, determine the present fitness of the applicant to be
Ordinance No. 2995
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licensed from the information and evidence presented with the
application.
(8) An applicant has been convicted of an offense under any federal or
state law providing recordkeeping or licensing requirements for
persons purchasing or selling regulated metal property, and three
years have not elapsed since the termination of any sentence,
parole or probation. The fact that a conviction is being appealed
has no effect.
(b) The license, if granted, must state on its face the name of the person or
persons to whom it is granted, the expiration date and the address of the
premises for which the license is granted. A license issued pursuant to this
chapter is valid only for the location stated in the application. Should any
licensee move a place of business from the place stated on the license to a
new location, the licensee shall give the Chief of Police prior written notice
and present the license to the Chief of Police to have the change of location
noted on the license.
(c) A license must be posted in a conspicuous place at or near the entrance to
the licensed premises so that it may be easily read at any time.
(d) If the Chief of Police determines that issuance or renewal of a license
should be denied, the Chief of Police shall send to the applicant or licensee
by certified mail, return receipt requested, a written statement of the
reasons for the denial and of the applicant or licensee's right to appeal.
SEC. 18-912. FEES.
The annual fee for a license issued under this article is $250.
SEC. 18-913. EXPIRATION OF LICENSE.
Each license will expire one year from the date of issuance and may be renewed
only by making application as provided in Section 18-910. To ensure re-
issuance of a license prior to expiration, application for renewal should be made
at least 30 days before the expiration date.
SEC. 18-914. SUSPENSION.
(a) The Chief of Police shall suspend a license for a definite period of time,
not exceeding 30 days, if the Chief of Police determines that a licensee, an
individual who is a business associate of the licensee in the same or a
related business, a corporate officer of the licensee, or an employee of the
licensee:
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(1) committed, in the aggregate, two or more violations of this chapter
within any six-month period; or
(2) intentionally or knowingly impeded or refused to allow an inspection
by any police officer authorized under this chapter.
(b) The Chief of Police shall send to the licensee by certified mail, return
receipt requested, a written statement of the reasons for the suspension,
the date the suspension is to begin, the duration of the suspension, and the
licensee's right to appeal.
(c) A licensee whose license is suspended may not operate as a secondary
metal recycler inside the City during the period of suspension.
SEC. 18-915. REVOCATION.
(a) The Chief of Police shall revoke a license if it is determined that one or
more of the following is true:
(1) A licensee has given a false statement as to a material matter
submitted to the Chief of Police during the application process.
(2) A licensee, an individual who is a business associate of the
licensee in the same or a related business or a corporate officer of
the licensee, or an employee of the licensee has been convicted
within atwo-year period of three or more offenses under this
chapter. If a conviction is appealed, the time period between
conviction and final disposition on appeal of the conviction is not
included in calculating the two-year period if the conviction is
affirmed.
(3) A licensee has been convicted of any felony or of a Class A
misdemeanor involving theft or fraud, including but not limited to
theft, robbery, burglary, forgery, criminal simulation, deceptive
business practices, securing execution of document by deception
or any other similar state or federal criminal offense, and three
years have not elapsed since the termination of any sentence,
parole or probation. The fact that a conviction is being appealed
has no effect.
(4) A licensee has been convicted of an offense under any federal or
state law providing recordkeeping or licensing requirements for
persons purchasing or selling regulated metal property, and three
years have not elapsed since the termination of any sentence,
parole or probation. The fact that a conviction is being appealed
has no effect.
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(5) A cause for suspension under Section 18-914 has occurred and the
license has already been suspended at least once within the
preceding 12 months.
(6) The licensee does not qualify for a license under Section 18-911(a).
(b) The Chief of Police shall send to the licensee by certified mail, return
receipt requested, a written statement of the reasons for the revocation
and of the licensee's right to appeal.
(c) When the Chief of Police revokes a license, the revocation will continue
for one year, and the licensee may not be issued a license for one year
from the date revocation became final. If, subsequent to revocation, the
Chief of Police finds that the basis for the revocation action has been
corrected or abated, the applicant may be granted a license if at least 90
days have elapsed since the date the revocation became final. If the
license was revoked under Subsection (a)(3) or (a)(4) of this section, an
applicant may not be granted another license within three years of the
termination of any sentence, parole or probation.
SEC. 18-916. APPEAL.
If the Chief of Police denies issuance or renewal of a license, or suspends or
revokes a license, the aggrieved party may appeal the decision of the Chief of
Police to the City Manager within 30 days. The action of the Chief of Police is
final unless a timely appeal is made. The filing of an appeal stays the action of
the Chief of Police in suspending or revoking a license until the City Manager
makes a final decision.
SEC. 18-917. TRANSFER OF LICENSE.
A licensee shall not:
(1) transfer a license issued under this chapter to another; or
(2) operate a business engaged in the purchase of regulated metal property
for resale or salvage use under the authority of a license at any location
other than the address designated in the license application."
SEC. 18-918. BOND OR LETTER OF CREDIT FROM A FINANCIAL INSTITUTION.
(a) The Chief of Police shall require that an applicant for a license required by
this Article file a bond or letter of credit with the application. The bond or
letter of credit must be:
(1) satisfactory to the Chief of Police;
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(2) in the amount of $5,000.00 for each license;
(3) issued by a United States surety company or financial institution, in
the case of the letter of credit authorized to do business in this
state; and
(4) valid at the time of the application and remain in effect during the
entire term of the license.
(b) The aggregate liability of the surety or letter of credit may not exceed the
amount of the bond.
(c) The bond or letter of credit must be in favor of the City for the use of the
City and the use of a person who has a cause of action under this article
against the metal recycling entity.
(d) The bond or letter of credit must be conditioned on:
(1) The metal recycling entity's compliance with this article and rules
adopted under this article; and
(2) The payment of all amounts that become due to the City or to
another person under this article.
Section 2: SEVERABILITY: It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable and, if any phrase, clause, sentence,
paragraph, subsection, article or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or
decree of any court of competent jurisdiction, such invalidity shall not
affect any of the remaining phrases, clauses, sentences, paragraphs,
subsections, articles and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation in this
ordinance of any such invalid phrase, clause, sentence, paragraph,
subsection, article or section.
Section 3: REPEALER: All ordinances or parts thereof not consistent or conflicting
with the provisions of this ordinance are hereby repealed; provided that
such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered in this ordinance.
Section 4: PUBLICATION: The City Secretary is hereby authorized and directed to
cause the publication of the descriptive caption and penalty clause
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(Section 18-909) of this ordinance as an alternative method of publication
provided by law.
Section 5: This ordinance shall be in full force and effect on July 1, 2008, and after its
publication as required by law, and it is so ordained.
PASSED AND APPROVED on this 27th day of May, 2008.
CI
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Secretary
P D F AND LEGALITY:
George A. Stapes, ity Attorney
TY O OR H ICHL ILLS
Oscar revino Ma or
Ordinance No. 2995
Page 16 of 16
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 22- 3148254
Bill To:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Draft Only
Customer ID: CIT13
Invoice Number: 298416371
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Dates:
7/6/2008
Net due in 21 days
7/31/2008
29841637
073
CITY OF NORTH RI
7/2/2008 - 7/6/2008
Attn STACEY HARRISON
cription', r. s ! Col „° Depth Limp 'W Rate Amount
CITY OF NORTH RICHLAND HILLS I3580
Sales Discount
Misc Fee
1 1.10 110 LINE $0.25 $82.70
($8.50)
$5.00
Net Amount: $79.20
THE STATE OF TEXAS
County of Tarrant
CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
July 31, 2008
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in th ab ve na ed paper on the listed dates: BIDS 8 LEGAL DEPT. STAR TELEGRAM
(817) 390 -7501 (�.1
Signed i
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesd , July 9, 08.
Notary Public
Thank You For Your Payment
Remit To : Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT 13
CITY OF NORTH RICHLAN
298416371
$79.20
CITY OF
NORTH
RICHLAND HILLS
ORDINANCE
NO. 2995
An ordinance amend -
In? , the code of the
City of North Rich -
land Hills, Texas, as
amended, by
amending Chapter 18
by adding Article XI
Secondary Meta
Recyclers "; provid-
ing a severability
clause; providing a
Penalty clause; pro-
viding for pub pro-
tion; and establish -
in
g an effective date
of July 1 2008.
Sec. 18 -909. Offenses;
Defenses; Penalty.
(a) A person who
violates any provi-
sion of this chapter, .
or who fails to per-
form a duty requ'red
of him under this
chapter, commits an
offense. A person is
guilty of a separate
offense for each item
of regulated metal
property involved in
a violation of this
chapter. An offense
under this chapter is
punishable by a fine
not to exceed $500.
(b) It is a defense to
prosecution under
this chapter that the
regulated metal
pproperty involved:
( was purchased
from a charitable,
philanthropic, reli-
or school- sponsored
organization or from
any organization
that is exempt from
taxation under Sec-
tion 501(c)(3) of the
Internal Revenue
Code, as amended;
(2) was purchased
from any public of-
ficer acting in an
official capacity as a
trustee in bank -
ruptcy, executor,
administrator or re-
ceiver; from any
public official acting
under judicial pro-
cess or authority, or
from a sale on the
execution or by
virtue, 01 any pro-
cess issued by a
court;
;3) consists of alu-
minum food or bev-
erage containers,
used food or bever-
ape containers, or
similar food or bev-
erage containers for
the purpose of re-
cycling, other than
beer or beverage
kegs; or
'4) was purchased
from a manufactur-
ing, industrial or
other commercial
vendor that gener-
ates or sells regu-
lated metal property
in the ordinary
course of its busy
ness.
>assed and Approved
on this 27th day of
May, 2008.
s /Oscar Trevino
)scar Trevino - Mayor
1TTEST:
s /Patricia Hutson
Patricia Hutson - City
Secreta
rPROV y D AS TO
FORM AND LEGAL-
ITY:
' s /George Staples
eorge Staples - City
Attorney