CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-32 ENACTMENT NO. ___________________
SPONSORED BY: Renée Grout and Tammy Fiebelkorn
ORDINANCE
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Amending The “Secondhand Catalytic Converter Purchase Ordinance;” Renaming It The “Sale Of Recycled Metals Ordinance;” Expanding The Scope To Include Copper Or Brass Materials; Updating Reporting And Recordkeeping Requirements; And Mandating The Form Of Tender For Transactions Subject To This Ordinance (Grout and Fiebelkorn)
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AMENDING THE “SECONDHAND CATALYTIC CONVERTER PURCHASE ORDINANCE;” RENAMING IT THE “SALE OF RECYCLED METALS ORDINANCE;” EXPANDING THE SCOPE TO INCLUDE COPPER OR BRASS MATERIALS; UPDATING REPORTING AND RECORDKEEPING REQUIREMENTS; AND MANDATING THE FORM OF TENDER FOR TRANSACTIONS SUBJECT TO THIS ORDINANCE.
WHEREAS, a catalytic converter is part of the exhaust system of vehicles with internal combustion engines that converts pollutant gases into less toxic pollutants; and
WHEREAS, catalytic converters contain precious metals including platinum, palladium, and rhodium; and
WHEREAS, copper and brass are widely used in vehicles, construction, and utility systems due to their conductivity and durability; and
WHEREAS, catalytic converters, copper, and brass have significant resale value and are frequently stolen; and
WHEREAS, thefts of catalytic converters, copper, and brass have increased in recent years; and
WHEREAS, thieves typically steal catalytic converters from trucks, SUVs, and other vehicles with high ground clearance, and thieves also target hybrid vehicles which have higher amounts of precious metals in their catalytic converters; and
WHEREAS, thieves generally sell the catalytic converters to secondhand metal dealers or “scrap yards” which then sell catalytic converters to recycling facilities to reclaim the precious metals inside; and
WHEREAS, copper and brass theft in Albuquerque is a major issue that threatens infrastructure, businesses, and residents alike, causing significant damage and severe disruptions; and
WHEREAS, the resale of stolen catalytic converters, copper, and brass result in significant financial harm to vehicle owners, property owners, and the community; and
WHEREAS, additional regulations and safeguards regarding the resale of catalytic converters, copper, and brass, including enhanced reporting requirements, may serve as a deterrent to theft and assist law enforcement investigations.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
section 1. Article 21 in Chapter 13 of the Revised Ordinances of Albuquerque 1994 is hereby amended as follows:
§ 13-21-1 SHORT TITLE. This Ordinance shall be known and cited as the “Sale of Recycled Metals Ordinance.”
§ 13-21-2 PURPOSE. The purposes of this article include to:
(A) Ensure a sound system of acquiring secondhand catalytic converters by and through secondhand metal dealers, to prevent frauds and theft, and ensure fair reporting practices;
(B) Provide for recordkeeping and reporting requirements for the purchase of secondhand catalytic converters by secondhand metal dealers;
(C) Prohibit secondhand metal dealers from purchasing or receiving secondhand catalytic converters not lawfully possessed and to prevent criminal damage to property by theft of a catalytic converter that is disconnected from a motor vehicle in accordance with ROA 1994, §§ 8-6-22, 12-3-7, and 12-3-8;
(D) Facilitate timely access by law enforcement to secondhand catalytic converter transaction information through electronic reporting to the Albuquerque Police Department’s electronic reporting system, currently known as LeadsOnline;
(E) Deter property crime related to the theft of copper or brass materials throughout the City by requiring secondhand metal dealers to maintain detailed records of purchases; and
(F) Promote the health, safety, and welfare of the City by implementing minimum accountability standards for secondhand metal dealer businesses and help limit vulnerability of these businesses to becoming unwitting participants in the cycle of property crime.
§ 13-21-3 DEFINITIONS. For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COPPER OR BRASS MATERIAL. Insulated or non-insulated copper wire, hardware, or cable of the type used by a public utility, commercial mobile radio service carrier, or common carrier that consists of at least twenty-five percent copper; or a copper or brass item of a type commonly used in construction or by a public utility, commercial mobile radio service carrier, or common carrier.
PROPERTY UNIT ENFORCEMENT OFFICIAL. Any sworn officer within the Property Crimes Division of the Albuquerque Police Department, or any person specifically assigned to the enforcement or administration of this article.
SECONDHAND CATALYTIC CONVERTER. A catalytic converter, other than a new and unused catalytic converter, that is not part of an entire motor vehicle.
SECONDHAND METAL Dealer. A scrap metal processor in the business of operating or maintaining a scrap metal yard in a physical location in which scrap metal or cast-off regulated material is purchased for shipment, sale, or transfer.
VERIFIED COMMERCIAL SELLER. A person or business selling regulated metal in the ordinary course of business that meets one or more of the below criteria either personally or through a verified agent or employee:
(1) A Contractor Seller. A seller of copper or brass material that
presents a valid and current contractor’s license issued in accordance with the Construction Industries Licensing Act, NMSA 1978, sections 60-13-1 to -59, in addition to other required identification and sells copper or brass material on a regular basis to a secondhand metal dealer, holds a commercial account with a secondhand metal dealer and presents documentation demonstrating ownership of the regulated material through normal commercial operations.
(2) A Licensed Metal Recycler Seller. A seller of copper or brass material that presents a valid metal recyclers license or registration issued in accordance with NMSA 57-30-1 through 57-30-14 in addition to other required identification, holds a commercial account with a secondhand metal dealer, and presents documentation demonstrating ownership of the regulated material through normal commercial operations.
(3) A Public Utility Seller. A seller of copper or brass material that has been verified by the secondhand metal dealer as a public utility and in addition to other required identification, holds a commercial account with a secondhand metal dealer, and presents documentation demonstrating ownership of the regulated material through normal commercial operations.
(4) A Licensed Automotive Recycler Seller. A seller of copper or brass material that presents a valid metal recyclers license issued in accordance with NMSA 66-4-1 through 66-4-10 in addition to other required identification, holds a commercial account with a secondhand metal dealer, and presents documentation demonstrating ownership of the regulated material through normal commercial operations.
(5) A Verified Manufacturer or Industrial Facility Seller. A seller of copper or brass material that presents documentation that the manufacture or industrial facility holds a valid business license, has been verified as a manufacture or industrial operation by the secondhand metal dealer, is disposing of its own surplus copper or brass material and in addition to other required identification, holds a commercial account with a secondhand metal dealer, and presents documentation demonstrating ownership of the regulated material through normal commercial operations.
§ 13-21-4 SECONDHAND CATALYTIC CONVERTER TRANSACTIONS- RECORDKEEPING AND REPORTING.
(A) RECORDKEEPING. Every secondhand metal dealer shall keep a record of each purchase of a secondhand catalytic converter. The record shall be preserved for a period of at least three years from the date the secondhand catalytic converter was purchased. Each entry shall include:
(1) The name, address, and date of birth of the seller as indicated on a valid government-issued photo identification card, a notation as to the type of identification card, the jurisdiction that issued the same and the identification card number;
(2) The license plate number and vehicle identification number of the vehicle used to transport the secondhand catalytic converter to the secondhand metal dealer, if applicable;
(3) The year, make, model, and VIN for the vehicle from which the secondhand catalytic converter was removed. The secondhand metal dealer must determine and document that the secondhand catalytic converter presented is consistent with the manufacturer’s specifications for a secondhand catalytic converter from the vehicle which the seller provided information for; and
(4) A copy of the certificate of title or other verifiable documentation indicating that the seller has an ownership interest in the vehicle from which the secondhand catalytic converter was removed.
(5) The recordkeeping requirements in this section shall not apply to a purchase that meets the following requirements:
(a) The seller of the secondhand catalytic converter is an automotive recycler licensed by the State of New Mexico pursuant to NMSA 1978, § 66-4-1.1(A), who manages its inventory of secondhand catalytic converters using a stock numbering system. The stock numbering system must use a unique number that can be readily linked to VIN of the vehicle of origin.
(6) A secondhand metal dealer may create and retain a continuous video recording of every transaction involving secondhand catalytic converters.
(a) If a secondhand metal dealer elects to create and retain a continuous video recording, the recording shall, at a minimum, contain the following:
(i) The seller’s face.
(ii) The seller’s government-issued identification.
(iii) The secondhand catalytic converter being purchased.
(iv) The vehicle transporting the secondhand catalytic converter.
(v) The vehicle license plate.
(vi) The unloading of the secondhand catalytic converter, when practical.
(vii) The weighing and payment transaction.
(b) If a secondhand metal dealer elects to create and retain a continuous video recording, video recordings shall be retained for not less than two (2) months and shall be provided to the Albuquerque Police Department upon request pursuant to a lawful investigation or administrative inspection authorized by this article.
(B) REPORTING. Every secondhand metal dealer shall electronically report each purchase of a secondhand catalytic converter to the Albuquerque Police Department’s electronic reporting system, currently known as “LeadsOnline,” or any successor reporting system designated in writing by the Chief of Police.
(1) Each transaction shall be reported no later than 12:00 noon on the secondhand metal dealer’s next business day following the date the secondhand catalytic converter was purchased.
(2) Each report shall include, at a minimum, the recordkeeping information required under ROA 1994, section 13-21-4(A), along with the date and time of the transaction and the dealer’s transaction identifier.
(3) In the event that the City’s electronic reporting system is temporarily unavailable, the secondhand metal dealer shall maintain all records required by ROA 1994, section 13-21-4(A) and shall submit the information by an alternative method approved by the Chief of Police, and subsequently upload the information when the system becomes available.
§ 13-21-5 INSPECTION OF SECONDHAND CATALYTIC CONVERTERS AND COPPER OR BRASS MATERIAL BY PROPERTY UNIT ENFORCEMENT OFFICIAL; HOLDING PERIOD.
(A) Any property unit enforcement official may inspect the full premises of the secondhand metal dealer’s place of business during normal business hours, and have free access to inspect all secondhand catalytic converters and copper or brass material, and the corresponding transaction records required by this article. The business being inspected may escort the property unit enforcement official throughout the inspection process.
(B) Except as provided in Subsection (C), no secondhand metal dealer shall sell, or otherwise dispose of, alter in any way, or remove any secondhand catalytic converter or copper or brass material from their business premises within 7 days from the date received.
(C) The holding period established in Subsection (B) shall not apply to purchases of secondhand catalytic converters or copper or brass material by secondhand metal dealers from verified commercial sellers. In such instances, only those holding periods established by state law shall apply.
§ 13-21-6 COPPER OR BRASS MATERIALS TRANSACTIONS- RECORDKEEPING.
(A) A secondhand metal dealer in this City shall keep an accurate and legible written record, in a form approved by the department, of each purchase made in the course of the dealer's business of copper or brass materials. Such record shall be in English and shall include the following information:
(1) the place, date, and time of the purchase;
(2) the name and address of each person from whom the copper or brass material was purchased or obtained;
(3) the identifying number of the personal identification document of each person from whom the copper or brass material is purchased or obtained, including, if applicable, a contractor’s license number and qualifying party number as required by the Construction Industries Licensing Act, NMSA 1978, sections 60-13-1 to -59;
(4) the year, make, model and license plate number of the motor vehicle used to transport the copper or brass material, if applicable;
(5) a description, made in accordance with the custom of the trade, of the type and quantity of copper or brass material purchased; and
(6) a signed, written statement provided by the secondhand metal dealer that the person selling the copper or brass material is the legal owner of or is lawfully entitled to sell the copper or brass material.
(B) During the transaction, a secondhand metal dealer may take a digital photograph, with a date and time stamp, of:
(1) the seller of the copper of brass material; and
(2) the copper or brass material in the form in which it was purchased or obtained by the secondhand metal dealer.
(C) In lieu of a digital photograph as stated in Subsection (B), a secondhand metal dealer may create and retain a continuous video recording of every transaction involving copper or brass materials.
(1) If a secondhand metal dealer elects to create and retain a continuous video recording, the recording shall, at a minimum, contain the following:
(a) The seller’s face.
(b) The seller’s government-issued identification.
(c) The copper or brass material being purchased.
(d) The vehicle transporting the copper or brass material.
(e) The vehicle license plate.
(f) The unloading of the copper or brass material, when practical.
(g) The weighing and payment transaction.
(2) If a secondhand metal dealer elects to create and retain a continuous video recording, video recordings shall be retained for not less than two (2) months and shall be provided to the Albuquerque Police Department upon request pursuant to a lawful investigation or administrative inspection authorized by this article.
(D) A secondhand metal dealer shall preserve each record required by this section until the first anniversary of the date the record was made.
§ 13-21-7 PAYMENT BY CHECK. A secondhand metal dealer or the dealer’s agent, employee, or representative shall pay for all purchases above $50.00 subject to this Ordinance only by check. No person shall structure, divide, or separate a transaction into multiple purchases for the purpose of evading this requirement, and multiple purchases from the same seller occurring within the same business day shall be aggregated for purposes of determining whether the $50.00 threshold has been met.
§13-21-98 RELATIONSHIP TO STATE LAW. The recordkeeping and reporting requirements of this Ordinance supplement and do not replace the secondhand metal dealer’s obligations under the Sale of Recycled Metals Act, NMSA 1978, sections 57-30-1 through 57-30-14. This Ordinance’s recordkeeping and reporting requirements shall be construed to be consistent with, and no more stringent than, state requirements.
§ 13-21-99 PENALTY.
(A) Any secondhand metal dealer found to have violated any of the
provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to the penalty provisions set forth in § 1-1-99 of this code of ordinances. Each day of violation shall be considered a separate offense.
(B) Notwithstanding the above, the City may also pursue the penalties permitted under NMSA 1978, § 30-16D-7, “Operating a Chop Shop” and NMSA 1978, §§ 57-30-1 et seq., the “Sale of Recycled Metals Act” for infractions related to the purchase, sale, or acquisition of any secondhand catalytic converter that is disconnected from a motor vehicle.
Section 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. Section ‘1’ of this Ordinance amends, is incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.
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