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File #: O-403-21    Version: Name:
Type: Ordinance Status: Passed
File created: 8/9/2021 In control: Metro Council
On agenda: 10/28/2021 Final action: 10/28/2021
Title: AN ORDINANCE AMENDING ?? 123.36, 123.35 AND 123.01 AND REPEALING ?123.02 OF THE LOUISVILLE METRO CODE OF ORDINANCES ("LMCO") RELATING TO THE REGULATION OF SECONDARY METALS RECYCLERS. (AMENDMENT BY SUBSTITUTION)
Sponsors: Pat Mulvihill (D-10), Mark H. Fox (D-13), Cindi Fowler (D-14)
Attachments: 1. O-403-21 V.2 CABS 102021 Amend LMCO 123 RE Secondary Metal Recyclers.pdf, 2. O-403-21 PROPOSED CABS 091521 METAL RECYCLERS.pdf, 3. O-403-21 V.1 081221 Amend LMCO 123 RE Secondary Metal Recyclers.pdf, 4. ORD 159 2021.pdf
ORDINANCE NO. __________, SERIES 2021
title
AN ORDINANCE AMENDING ?? 123.36, 123.35 AND 123.01 AND REPEALING ?123.02 OF THE LOUISVILLE METRO CODE OF ORDINANCES ("LMCO") RELATING TO THE REGULATION OF SECONDARY METALS RECYCLERS. (AMENDMENT BY SUBSTITUTION)

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SPONSORED BY: COUNCIL MEMBERS FOX, FOWLER, AND MULVIHILL

WHEREAS, recent amendments were made to LMCO ? 123.36 regarding the time which vehicles sold to secondary metals recyclers without a valid title must be held before alteration; and
WHEREAS, the size and number of such vehicles would require many acres of additional storage area in which to hold unaltered vehicles for ten days; and
WHEREAS, vehicles sold to secondary metals recyclers with a valid title under LMCO ? 123.35 do not require a holding period; and
WHEREAS, a technical correction to a reference to state law in LMCO 123.01 is also needed; and
WHEREAS, a jurisdictional limitation in LMCO 123.02, on the enforcement of LMCO Chapter 123 in suburban cities of 10,000 or more, has caused confusion for affected businesses and law enforcement, while hindering LMPD's ability to locate stolen goods using online tools;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ("THE COUNCIL") AS FOLLOWS:

SECTION I: LMCO ? 123.35 is hereby amended as follows:
Gold, silver, precious metals, regulated property and/or restricted metals purchased by a secondary metals recycler shall not be sold, modified, altered or destroyed for a period of ten calendar days after the date of purchase by a secondary metals recycler. The property purchased must be kept in its original form, uncommingled, along with a copy of the transaction record, as set forth in ? 123.32, on the premises of the business location during the holding period for purposes of inspection, if necessary, as provided by this subchapter. This section shall not apply to ferrous or nonferrous me...

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