Copies Of New Copper Ordinances In Montgomery - WSFA.com Montgomery Alabama news.

Copies Of New Copper Ordinances In Montgomery

ORDINANCE NO. 10-2008

  

AN ORDINANCE PROVIDING CRIMINAL PENALTIES

FOR THE THEFT OF COPPER

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, as follows:

  

Section 1.        Findings of the City Council of the City of Montgomery

  

The City Council of the City of Montgomery finds that copper thefts and the illegal trade in stolen copper have had and continue to have a significant detrimental impact on the citizens and economy of the City of Montgomery by way of both the increase in illegal activity in the community and the cost of damages to victims of copper theft. 

  

Section 2.        Purpose

  

The purpose of this ordinance is to make it a criminal offense to steal Copper, or to receive, retain, or dispose of stolen Copper, and to set out criminal penalties therefor.

 

Section 2.        Definitions

  

In this ordinance:

  

A)        Copper Metal shall mean any object, part of an object, or contents of an object containing copper, either in pure or alloy form.  Copper metal shall include, but not be limited to, bronze, brass, insulated and un-insulated copper wire, copper tubing, and copper-aluminum coils and radiators, but shall not include ferrous metals.

  

B)        Copper shall mean the element listed in the periodic table under the symbol Cu and bearing the atomic number 29 and classified as a metal.

  

Section 3.        Violations.

  

            A)        It shall be unlawful for any person to knowingly take, steal, obtain or exert unauthorized control over Copper Metal which is the property of another with the intent to deprive the owner of that property, or to obtain control over Copper Metal which is the property of another by deception with the intent to deprive the owner of that property.

  

B)        It shall be unlawful for any person to intentionally buy, sell, receive, retain, or dispose of stolen Copper Metal while knowing or having reasonable grounds to believe that it has been stolen in violation of Section 3(A) above, unless the Copper Metal is received, retained, or disposed of with the intent to restore it to the owner.


Section 4.        Imposition of Penalties for Violations

  

A)        First Violation.  Any person found to be in violation of Section 3 of this ordinance on any one occasion shall be sentenced to a term of imprisonment or hard labor for a minimum period of thirty (30) days and not more than six (6) months, and shall be subject to a fine of not more than five-hundred dollars ($500.00).

  

B)        Second Violation.  Any person found to be in violation of Section 3 of this ordinance on a second occasion shall be sentenced to a term of imprisonment or hard labor for a minimum period of sixty (60) days and not more than six (6) months, and shall be subject to a fine of not more than five-hundred dollars ($500.00).

  

C)        Third and Subsequent Violations.  Any person found to be in violation of Section 3 of this ordinance on a third or subsequent occasion shall be sentenced to a term of imprisonment or hard labor for a period of six (6) months and shall be fined five-hundred dollars ($500.00).

  

Section 5.  Effective Date

  

            This Ordinance shall become effective upon the expiration of thirty (30) days from the date of the first publication hereof.

  

  

ADOPTED this the ______________________ day of _____________________, 2008.

  

  

  

  

  

____________________________________________

BOBBY N. BRIGHT, MAYOR

  

  

  

ATTEST:

  

  

_________________________________________

BRENDA GALE BLALOCK, CITY CLERK

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                                                               ORDINANCE NO. _______

  

AN ORDINANCE AMENDING ORDINANCE 3-2008 PROVIDING ENFORCEMENT MECHANISMS TO COMBAT THE THEFT OF AND ILLEGAL TRADE IN STOLEN COPPER

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Ordinance 3-2008, previously passed by this Council, be and is hereby amended as follows:

  

Section 1. Findings of the City Council of the City of Montgomery

The City Council of the City of Montgomery finds that copper thefts and the illegal trade in stolen copper have had and continue to have a significant detrimental impact on the citizens and economy of the City of Montgomery by way of both the increase in illegal activity in the community and the cost of damages to victims of copper theft. 

Section 2.  Purpose

The purpose of this ordinance is to supplement and compliment the state law regarding the theft and purchase of copper, and the record keeping and reporting requirements imposed upon purchasers of copper thereby.

Section 3.  Definitions

In this ordinance:

A)   Metals Recycler shall mean any person or entity which enters into a transaction to purchase salvaged copper.

B)   Salvaged Copper shall mean copper tubing, copper wire - bare and insulated, all brasses and bronzes, copper solids, auto radiators, copper and aluminum radiators.  Salvaged Copper shall not include objects or components which are new and are held for retail sale for the first time in their original manufactured state by a properly licensed retail business.

C)   Copper shall mean the element listed in the periodic table bearing the atomic number 29 and classified as a metal.

Section 4.  Requirements

  

A)   Each Metals Recycler who purchases Salvaged Copper within the police

jurisdiction of the city of Montgomery, Alabama shall be and is hereby required to:

1) Hold all payments for purchases of Salvaged Copper for a minimum of twenty-four hours after the said purchase; payment to be picked up by seller or mailed to seller.

2) Pay for all purchases of Salvaged Copper by check made payable to the seller of the copper;

3) Capture and maintain by electronic means, a frontal, head and shoulders color photograph of the person from whom they purchase any quantity of Salvaged Copper in a form which is capable of transmission and delivery via computer to the person or entity designated by the Chief of Police of the Montgomery Police Department; said electronic photograph shall be maintained by the Metals Recycler for a period of at least one year from the date of the purchase of the Salvaged Copper and in the same manner which those records required to be kept by Ordinance 45-2006; said photograph and records shall be viewable by any law enforcement officer upon request and shall be provided to the Chief's designee by electronic means upon request thereof.

Section 5.  Penalties

  

    Violations of this Ordinance shall be punishable by a fine of not more than five hundred dollars ($500.00), a term of up to six-months in jail, or by both said fine and imprisonment.

Section 6.  Severability

    This Ordinance is ancillary and supplemental to the provisions of any state or federal law.  If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 7.  Effective Date

  

    This Ordinance shall become effective upon the publication hereof.

  

ADOPTED this the ______________________ day of _____________________, 2008.

____________________________________________

BOBBY N. BRIGHT, MAYOR

ATTEST:

_________________________________________

BRENDA GALE BLALOCK, CITY CLERK

  

  

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