§ 1-10-431. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Appliance means any appliance which contains or once contained a refrigerant or substitute used for household or commercial purposes, such as HVAC systems and their components. This term does not include "small appliance" 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 and drinking water coolers.

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

Fixed location means any site occupied by a secondary metals recycler as owners 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 air conditioning.

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

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

Refrigerant means any substance consisting in part or whole of a class I or class II controlled substances as identified in 40 C.F.R. Part 82, used for heat transfer purposes and provides a cooling effect.

Regulated metals means any item composed primarily of any ferrous or 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:

a.

Manhole cover;

b.

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

c.

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

d.

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

e.

Guard rail;

f.

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

g.

Historical marker;

h.

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;

i.

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;

j.

Any copper, aluminum, or aluminum-copper condensing or evaporator coil, including its tubing or rods, from a heating, air conditioning or heat exchange unit (excluding coils from any automobile or window air condition units);

k.

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

l.

Metal beer kegs;

m.

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

n.

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

o.

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;

p.

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

q.

Shopping carts.

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

a.

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 purposes, or is 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

b.

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.

Technician means any person who performs maintenance, service, repair or disposal of appliances that could be reasonably expected to release refrigerants from appliances into the atmosphere.

Transaction or transacting means any purchase, consignment, or trade of regulated metals or restricted regulated metals by 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 or the Charlotte 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. 2012-003, § 1, 2-14-12)