§ 130-39. Regulation of secondhand goods transfer.

(a)

Definitions.

(1)

As used in this section, "junk" means any and all secondhand property, all ferrous metals, all nonferrous metals and alloys, including aluminum, brass, bronze, copper, or zinc, in any form, including wire, cable, bars, ingots, rods, tubes, pipes, wire scraps, clamps, connectors, electrical components, irrigation components, air conditioning unit components, and ornamental nonferrous items, regardless of the condition or length of such metal and whether or not it is mixed or conjoined with any other substances, or parts or portions thereof.

(2)

As used in this section, "scrap metals and alloys" includes, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generator, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer, but does not include scrap iron, household generated waste, or aluminum beverage containers.

(3)

As used in this section, "junk dealer" includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer. All "junk dealers" must possess a current Occupational License from the parish in which the person identifies as the domicile of his business.

(4)

As used in this section, "junk yard" includes any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept.

(5)

As used in this section, "storm drainage materials" includes catch basin covers or any other components of the city's storm drainage system.

(6)

As used in this section, "utility manhole covers and frames" includes manhole covers and frames labeled "electric," "communications," "water," or "sewer."

(b)

Exclusions. This section shall not apply to any of the following:

(1)

Secondhand furniture merchants.

(2)

Pawnbrokers.

(3)

Secondhand car dealers or merchants in connection with automobile and motor vehicle sales agencies but not carried on and conducted in conjunction with a junk yard.

(4)

Persons engaged in the business of selling new automobile tires or batteries or other equipment taking in part payment used articles of the same kind and thereafter selling or disposing of the same.

(5)

Secondhand oil well supply and equipment dealers not conducting or carrying on their business in connection with a junk yard.

(6)

Secondhand clothing merchants.

(7)

Any person who buys or sells junk acquired in the conduct of any business other than that of a junk dealer.

(8)

Those transfers of junk by a junk dealer when the payment for the junk is by check issued to the company represented as being the owner of the junk.

(9)

Junk purchased or received from another junk dealer who has recorded, reported, and held the material as required. The purchase or receipt shall also be exempt from further holding or reporting provided that the selling party gives the buyer written assurance of this fact. The seller shall be held responsible for any failure to report or hold.

(c)

Junk dealer records.

(1)

Every junk dealer is required to keep a written record of all purchases or acquisitions of junk, which shall contain all of the following:

(i)

The name, address, and phone number of the seller;

(ii)

The place and date of each purchase or acquisition;

(iii)

A description of the item or items of junk purchased or acquired, including the item type and quantity or weight, and identification number, if visible;

(iv)

A photocopy of the occupational license of the seller, a photocopy of the driver's license or state-issued identification card of the seller and the vehicle license plate number including the state of issue of any motor vehicle used in transporting the junk to the junk dealer's place of business; and

(v)

If the person from whom the material is obtained does not possess a valid government-issued photo identification that matches the appearance of the person, the purchaser, collector or dealer shall take and maintain, in a manner that cross references to the written record, a photograph of the face of the person, along with a reasonably accurate record of the person's height and weight.

(vi)

If the junk dealer is unable to obtain the information required by this subsection from the person from whom the material is to be obtained, the junk dealer shall not complete the transaction.

(2)

Every junk dealer selling junk is required to keep a written record of all sales, which shall contain all of the following:

(i)

The name, address, phone number parish of occupational license, and occupational license number of the purchaser;

(ii)

The place and date of each sale; and

(iii)

A description of the item or items of junk sold, including the item type and quantity or weight, and identification number, if visible.

(d)

Inspection of records. The information contained in the written record shall be submitted by the purchaser, collector of, or dealer to the New Orleans Police Department, in a manner prescribed by the superintendent of police. Every junk dealer shall, during normal business hours, allow periodic inspection of any premises maintained and any junk thereon for the purpose of determining compliance with the recordkeeping requirements of this section, and shall during those hours produce its records of transfers and all property purchased incident to those transactions which is in the possession of the junk dealer for inspection by any of the following persons:

(1)

Any officer holding a warrant authorizing him or her to search for personal property;

(2)

Any person appointed by the sheriff of any parish or appointed by the head of the police department of any city;

(3)

Any officer holding a court order directing him or her to examine the records or property;

(4)

The director of the department of public works, or his designee; or.

(5)

The director of the department of safety and permits, or his designee.

(e)

Records; preservation. Every junk dealer shall preserve the written record required by this section for at least three years after making the final entry of any transfer of junk or scrap metals and alloys as defined in this section.

(f)

Violations; offenses; punishment.

(1)

Any junk dealer who fails in any respect to keep the written record required by this section, or to set out in that written record any matter required by this section to be set out therein, is guilty of a misdemeanor.

(2)

Any junk dealer who makes, or causes to be made, any false or fictitious statement in any written report required by this section is guilty of a misdemeanor.

(3)

Any junk dealer who transfers junk without an Occupational License shall be guilty of a misdemeanor.

(4)

Any junk dealer who refuses, upon demand, to exhibit the written record required by this section, or who destroys that record within three years after making the final entry of any purchase or sale of junk therein, is guilty of a misdemeanor.

(5)

Any knowing and willful violation of this section shall be punishable by a fine of five hundred dollars ($500), or by imprisonment for up to six (6) months, or by both fine and imprisonment.

For a second offense, in addition to any other sentence imposed pursuant to this paragraph, the court may order the defendant to stop engaging in business as a junk dealer for a period not to exceed 30 days.

(g)

Property suspected of being stolen; peace officer placement of hold on property; rights, duties and liabilities of junk dealer; costs.

(1)

The junk dealer shall not sell, transfer or otherwise dispose of any brass or copper for a minimum of seven days after the date on which it is obtained. In the event that the junk dealer is notified by an electric utility of the theft of copper or aluminum, then the material must be retained for an additional 30 days. The junk dealer shall not sell, transfer or otherwise dispose of any storm drainage materials or utility manhole covers and frames for a minimum of seven days after the date on which it is obtained. In the event that the junk dealer is notified by the sewerage and water board, the city, or any utility of the theft of storm drainage materials or utility manhole covers and frames, then the material must be retained for an additional 30 days. Whenever any peace officer has probable cause to believe that property in the possession of a junk dealer is stolen, in lieu of seizing the property, the peace officer, at his or her option, may place a hold on the property for a period not to exceed 90 days. When a peace officer places a hold on the property, the peace officer shall give the junk dealer a written notice at the time the hold is placed, describing the item or items to be held plus the case number. During that period the junk dealer shall not release or dispose of the property, except pursuant to a court order or upon receipt of a written authorization signed by any peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member. Except as specifically set forth in this section, a junk dealer shall not be subject to civil liability for compliance with this section.

(2)

Whenever property that is in the possession of a junk dealer is subject to a hold and the property is required by a peace officer in a criminal investigation, the junk dealer, upon reasonable notice, shall produce the property at reasonable times and places or may deliver the property to any peace officer upon the request of any peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member.

(3)

Whenever property that is in the possession of a junk dealer is subject to a hold and the property is no longer required for the purpose of criminal investigation, the law enforcement agency that placed the hold on the property shall undertake the following:

(i)

With respect to the property being held, if the law enforcement agency has no knowledge of the property on hold being reported as stolen, the property shall be released upon written notice to the junk dealer. The notice shall be provided in a timely fashion.

(ii)

If the law enforcement agency has knowledge that the property has been reported stolen, the law enforcement agency shall notify the person who reported the stolen property of the name and address of the junk dealer holding the property and authorize the release of the property to that person. The law enforcement agency that placed the property on hold shall release the hold after 60 days has elapsed following the delivery of the notice to the person who reported the property stolen.

(iii)

If a victim seeks to recover property that is subject to a hold, the junk dealer shall advise the victim of the name and badge number of the peace officer who placed the hold on the property and the name of the law enforcement agency of which the officer is a member. If the property is not required to be held pursuant to a criminal prosecution the hold shall be released.

(iv)

Upon conviction of any person for the theft of property placed on hold pursuant to this section, the court shall order the defendant to pay the junk dealer reasonable costs for storage of the property.

(h)

Refillable stainless steel or aluminum alloy beer kegs; indicia of ownership.

(1)

Except as provided in subsection (2), no junk dealer may purchase or receive refillable stainless steel or aluminum alloy beer kegs marked with an indicia of ownership from any person or entity other than the indicated owner. For purposes of this section, "indicia of ownership" means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the beer keg that reasonably identifies the owner.

(2)

If the seller is not the indicated owner, a junk dealer may purchase or receive refillable stainless steel or aluminum alloy beer kegs only if the seller or transferor provides a receipt from the indicated owner verifying the seller's current ownership or a document indicating that the seller or transferor is authorized by the indicated owner to sell or transfer the beer kegs. Copies of these documents shall be maintained by the junk dealer as part of the written record of the transaction.

(i)

Materials marked or engraved as owned by city government or other political subdivision.

(1)

A junk dealer shall not purchase any storm drain materials or utility manhole covers and frames that are marked with the name and/or initials of a political subdivision or otherwise identified as the property of a political subdivision. The junk dealer shall immediately notify NOPD of any such attempted sale.

(M.C.S., Ord. No. 22600, § 1, 4-19-07; M.C.S., Ord. No. 22824, § 1, 10-4-07; M.C.S., Ord. No. 23275, § 1, 11-6-08; M.C.S., Ord. No. 28053, § 1, 4-11-19)