§ 2-19-41. Definitions and application.

As used in this article, the term:

Appliance means any appliance which contains or once contained a refrigerant and/or substitute used for household or commercial purposes, such as HVAC systems and their components. The term also includes: "small appliances" that are fully manufactured, charged, and hermetically sealed in a factory, including, but not limited to, refrigerators and freezers (designed for home, commercial, or consumer use), medical or industrial research refrigeration equipment, room air conditioners (including window air conditioners and packaged terminal air heat pumps), dehumidifiers, under-the-counter ice makers, vending machines, drinking water coolers and "motor vehicle air conditioners (MVAC)."

Code enforcement officer means any designated employee or agent of Manatee County whose duty it is to enforce codes and ordinances enacted by Manatee County, or designated employee or agent of the municipalities whose duty it is to enforce codes and ordinances of the municipalities, respectively. Employees or agents who may be code enforcement officers for purposes of this article may include, but are not limited to, code inspectors, law enforcement officers and law enforcement civilian employees, animal services officers, building inspectors, or fire safety inspectors.

Ferrous metals means any metals containing significant quantities of iron or steel.

Fixed location means 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 a year.

HVAC means heating ventilation and air conditioning.

Nonferrous metals means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, tin and alloys thereof, and excluding precious metals.

Personal identification card means any current, verifiable, government-issued photographic identification card.

Precious metals means any item containing any gold, silver, palladium, platinum, or any combination thereof, including, but not limited to, jewelry.

Regulated metals means any item composed primarily of any nonferrous metals. The term does not include aluminum beverage containers or other used beverage or food containers.

Restricted regulated metals means any of the following specific items, whether composed of ferrous or nonferrous metals:

(1)

Manhole cover;

(2)

Electric light pole or other utility structure and/or its fixtures, wires, and/or hardware which are readily identifiable as coming from the utility structure;

(3)

Guard rail;

(4)

Street sign, traffic sign, or traffic signal or its fixtures and/or hardware;

(5)

Communication, transmission, distribution, or service wire from any utility including copper or aluminum bus bars, connectors, grounding plates or grounding wire;

(6)

Any item used to mark or identify any funeral, grave, cemetery or burial site;

(7)

Any item or symbol of religious belief or deity;

(8)

Any statue, monument or historical marker;

(9)

Railroad equipment, including, but not limited to: any track or rail, tie plate, spike, signal house, control box, switch plate, E clip, or rail tie junction;

(10)

Any metal item that is observably marked, upon reasonable inspection, with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad;

(11)

Any commercial or industrial gas, water or sewer pipe;

(12)

Any appliance or any copper, aluminum, or aluminum-copper condensing or evaporator coil, including its tubing or rods, from a heating, air conditioning or heat exchange unit, but excluding any small appliance;

(13)

Aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts;

(14)

Stainless steel beer kegs;

(15)

Catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of a vehicle;

(16)

Metallic wire which appears to have been burned in whole or in part to remove insulation;

(17)

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;

(18)

Any item of firefighting equipment including, but not limited, to any: nozzle, valve, pump, hydrant, fittings, tools or any part thereof or any commercial extinguisher;

(19)

Brass or bronze residential or commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal or domestic water systems from commercial or residential structures;

(20)

Shopping cart;

(21)

Commercial truck battery, construction vehicle battery, or construction equipment battery;

(22)

Solar panel materials.

Secondary metals recycler means any person, corporation, or other business organization or entity who:

(1)

From a fixed location or otherwise, is engaged in the business of gathering or obtaining ferrous, nonferrous, regulated or restricted regulated metals that have served their original economic purpose, or is in the business of performing the manufacturing process by which ferrous, nonferrous, regulated or restricted regulated metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or

(2)

Performs any part of the manufacturing process by which ferrous, nonferrous, regulated or restricted regulated metals are converted into raw material products consisting of prepared grades, having an existing or potential economic value, by methods including, but without limitation, processing, sorting, cutting, burning, classifying, cleaning, baling, wrapping, shredding, shearing, stripping or changing the physical form or chemical content thereof.

Seller means any person from whom the items regulated under this article are acquired.

Transaction or transacting means any purchase, consignment, or trade of regulated metals or restricted regulated metals by a secondary metals recycler.

Transaction form means the written form containing transaction data completed by a secondary metals recycler in the format approved by the Florida Department of Law Enforcement.

Transaction record means the electronically-submitted record consisting of transaction data described in this article compiled by a secondary metals recycler in the format approved by the Florida Department of Law Enforcement and/or the Manatee County Sheriff's Office.

Utility means any firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, telephone service, telegraph service, radio service, or telecommunication service.

(Ord. No. 12-13, § 1, 2-28-12)