ORDINANCE NO. __________, SERIES 2026
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AN ORDINANCE AMENDING CHAPTER 123 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) REGARDING SECONDARY METALS RECYCLING TO CONFORM WITH THE KENTUCKY REVISED STATUTES AS AMENDED BY THE 2026 GENERAL ASSEMBLY.
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SPONSORED BY: COUNCIL MEMBER KRAMER
WHEREAS, During the 2026 Kentucky General Assembly, Senate Bill 291 was enacted; and
WHEREAS, Senate Bill 291 created statewide requirements for secondary metals recyclers which included many of the provisions already in effect in Louisville Metro Code of Ordinances; and
WHEREAS, the Metro Council wishes to update LMCO Chapter 123 to conform to the new requirements of the Kentucky Revised Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: Section 123.32 of the LMCO is hereby amended as follows:
§ 123.32 TRANSACTION RECORD OF PURCHASES.
(A) Every secondary metals recycler carrying on any business as set forth in § 123.31 in Metro Louisville shall keep a transaction record for each purchase of regulated property and/or restricted metals, with the following information downloaded by 11:00 a.m. the following day to be reported to an online internet-based transaction recording service accessible to law enforcement as designated by the Louisville Metro Police Department:
(1) When vehicles are purchased pursuant to § 123.36, or when regulated property or restricted metals are purchased the following information on the seller and the property shall be included for each new transaction, regardless of the individual already having an existing file with the secondary metal recycler:
(a) The date and time when the property was received and bought;
(b) The purchase price;
(c) A digital color photo of the seller made at the time of the transaction. In the photograph, the seller's face shall be free of all glasses or sunglasses, free of hats, scarves, or other headwear that covers the hairline. An exception exists if the attire is worn in observance of the seller's religious practice, such as a turban or headscarf, however, the seller's face must still be visible from the hairline to the chin and from the front of one ear to the front of the other ear;
(d) A description of the property that is as accurate as practicable in the usage of the trade, to include a brief description of the ferrous or nonferrous type of metal being purchased along with the following category listings:
1. "Number one copper," which includes clean copper pipe, clean copper wire, or other number one copper that does not have solder, paint, or coating;
2. "Number two copper," which includes unclean copper pipe, unclean copper wire, or other number two copper;
3. "Sheet copper," which includes copper roofing, copper gutters, copper downspouts, and other sheet copper;
4. "Insulated copper wire";
5. "Aluminum or copper radiators," which includes aluminum radiators, aluminum copper radiators, and copper radiators;
6. "Red brass," which includes red brass values and other red brass;
7. "Yellow brass," which includes yellow brass fixtures, yellow brass valve and fitting, ornamental brass, and other yellow brass;
8. "Aluminum sheet";
9. "Aluminum extrusions," which includes aluminum bleachers, aluminum benches, aluminum frames, aluminum pipe, and other aluminum extrusions;
10. "Cast aluminum," which includes aluminum grills, lawnmower decks made of aluminum, aluminum motor vehicle parts and rims, and other cast aluminum;
11. "Clean aluminum wire";
12. "Unclean aluminum wire";
13. "Aluminum exteriors," which includes aluminum siding, aluminum gutters and downspouts, aluminum shutters, aluminum trim, and other aluminum exterior items;
14. "Contaminated aluminum";
15. "Stainless steel," which includes, sinks, appliance housing, dishes, pots, pans, pipe, and other items made out of stainless steel;
16. "Large appliances," which includes consumer and other appliances;
17. "Steel structural," which includes all structural steel such as I-beams, trusses, channel iron, and similar steel from buildings;
18. "Miscellaneous steel," which includes steel grates, steel farm machinery, steel industrial machinery, steel motor vehicle frames, and other items made out of steel;
19. "Sheet irons," which includes bicycles, motor vehicle body parts made of iron, and other items made using sheet iron;
20. "Motor vehicle nonbody parts," which includes motor vehicle batteries, radiators, and other nonbody motor vehicle parts;
21. "Catalytic converters";
22. "Lead";
23. "Electric motors";
24. "Electronic scrap," which includes any consumer or commercial electronic equipment such as computers, servers, routers, video displays, and similar products.
(e) A digital copy of the seller's U.S. state-issued or U.S. government-issued photo identification, and information obtained from scanning the bar code on the back of the seller's valid driver's license, if available;
(f) The seller's phone number and home address, if the seller’s government issued identification does not reflect a current home address;
(g) The numbers, letters, and state of the license plate of the vehicle in which the regulated property and/or restricted metals were transported shall be manually entered into the transaction record, with the color, make, model of the vehicle, and a digital color photograph of both the vehicle and the license plate shall also be entered;
(h) A digital photograph of the property in color. Digital color photos must accurately depict the regulated property and/or restricted metals purchased:
1. If being sold on a large outdoor scale then it shall be taken by an overhead camera at the scale and a digital photograph in color of the license plate from the vehicle that is selling the property at the scale shall also be taken. The numbers, letters, and state issuing the license plate shall be readable in the digital color photograph;
2. If being sold on an indoor scale then it shall be taken by an overhead camera and an individual digital photograph in color shall be taken of each type of ferrous or nonferrous metal being purchased; and
(i) A digital thumbprint. The digital thumbprint should be made from the right hand unless the right hand is unavailable in which case the left hand thumb should be provided.
(2) Information on the purchaser of any regulated property and/or restricted metals, including the purchaser’s name, and business, if applicable.
(B) Every secondary metals recycler carrying on any business as set forth in § 123.31 in Louisville Metro shall by 11:00 a.m. the next business day furnish to the Louisville Metro Police Department a true and correct written report of all regulated property and/or restricted metals received by him or her by purchase, from the preceding business day. The report shall describe the goods as accurately as practicable in the usage of the trade and include the categories listed in paragraph (1)(d). The report shall include who actually made the purchase, the name of the person or persons, his or her address, city, state and zip code, his or her sex, race, hair color, eye color, and his or her date of birth. The report shall contain a digital copy of the government-issued photo identification and a digital photo of the seller at the time of the transaction. The report shall be transmitted electronically in a format designated by the Louisville Metro Police Department.
(C) It shall be the duty of the Louisville Metro Police Department during regular business hours to examine and inspect transaction records, and if sufficient information cannot be gained from an inspection of transaction records, it shall be the duty of any person to permit and allow the officer to examine any and all regulated property and/or restricted metals mentioned herein belonging to or purchased by such person. A transaction record and digital photograph for a purchase of all regulated property and/or restricted metals shall be maintained together on the premises for at least two years after the date of such purchase. The digital photo must accurately depict the regulated property and/or restricted metals purchased in accordance with § 123.32(A).
(D) Every secondary metals recycler shall give the seller a plain written or printed receipt of the regulated property or restricted metals purchased.
(E) No seller shall provide false, fraudulent, altered, or counterfeit documents or information to a secondary metals recycler required to keep a transaction record under this section.
SECTION II: Section 123.33 of the LMCO is hereby amended as follows:
§ 123.33 TRANSACTING BUSINESS WITH MINORS; HOURS.
(A) No secondary metals recycler shall at any time or under any circumstances purchase from a minor any regulated property and/or restricted metals.
(B) No secondary metals recycler shall conduct a retail sale outside the hours of 7:00 a.m. to 7:00 p.m.
SECTION III: This Ordinance shall take effect upon its passage and approval or otherwise becoming law.
_______________________________ _____________________________
Sonya Harward Brent Ackerson
Metro Council Clerk President of the Council
_______________________________ _____________________________
Craig Greenberg Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ________________________________
O-173-26 secondary metal updates 6-5-26 al