Sec. 21-11a. Requirements for scrap metal processors. Notification. Prohibitions. Penalties.

      Sec. 21-11a. Requirements for scrap metal processors. Notification. Prohibitions. Penalties. (a) A scrap metal processor, as defined in section 14-67w, shall record, for all loads of scrap metal purchased or received by such processor, a description of such scrap metal, the weight of such metal, the price paid for such metal and the identification of the person who delivered such metal. Such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the license plate of such vehicle. Such scrap metal processor shall not be required to segregate scrap metal it receives from other materials on its premises and hold the same for five days except for wire that could be used in the transmission of telecommunications or data unless purchased from (1) a person registered pursuant to section 29-402 to engage in the business of demolition of buildings, or (2) a person who has already segregated such scrap metal pursuant to this chapter and such person provides such scrap metal processor with a written statement affirming such segregation. Upon receipt of a load of scrap metal which contains wire that could be used in the transmission of telecommunications or data, such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the license plate of such vehicle, and of such load of scrap metal containing wire that could be used in the transmission of telecommunications or data. Upon receipt of wire that could be used in the transmission of telecommunications or data, such scrap metal processor shall make a copy of the certificate of registration of such vehicle; record a description of the material received; and record a statement as to the location from which the material came.

      (b) The scrap metal processor shall maintain the documents, photographs and other records required under subsection (a) of this section in good condition and shall retain such records for a period of not less than two years. Such records shall be open for inspection by law enforcement officials upon request during normal business hours.

      (c) A scrap metal processor, junk dealer or junk yard owner or operator shall immediately notify a municipal law enforcement authority in the municipality in which such scrap metal processor, junk dealer or junk yard is located of the name, if known, and motor vehicle license plate number, if available, of any person offering to sell a bronze statue, plaque, historical marker, cannon, cannon ball, bell, lamp, lighting fixture, lamp post, architectural artifact or similar item to such scrap metal processor, junk dealer or junk yard owner or operator.

      (d) No scrap metal processor, junk dealer or junk yard owner or operator may purchase or receive a stainless steel or aluminum alloy beer or other beverage keg container if such container is marked with an indicia of ownership of any person or entity other than the person or entity presenting such container for sale. For purposes of this subsection, "indicia of ownership" means words, symbols or a registered trademark printed, stamped, etched, attached or otherwise displayed on such container that identify the owner of such container.

      (e) A scrap metal processor who has purchased scrap metal that is subsequently determined to have been stolen and is returned to the owner of such metal shall have a civil cause of action against the person from whom such metal was purchased.

      (f) A first violation of subsection (a), (b), (c) or (d) of this section shall be a class C misdemeanor. A second violation of any of said subsections shall be a class B misdemeanor and a third or subsequent violation of any of said subsections shall be a class A misdemeanor.

      (P.A. 07-121, S. 2; P.A. 08-150, S. 55.)

      History: P.A. 08-150 amended Subsec. (a) to add requirements for receipt of scrap metal and "wire that could be used in the transmission of telecommunications or data" and to change reference to certificate of registration of "person" to certificate of registration of "vehicle" and added Subsecs. (c) to (f) re notification requirements, prohibited acceptance of certain items and penalties.