Scrap Metal Ordinance Gets Delayed, Must be Rewritten

A that aims to combat illegal sales and purchasing of scrap metals and secondhand goods will have to be reworked before county commissioners would consider it.

On Tuesday commissioners largely agreed with the intent of a proposal that would require updating a 1993 ordinance that would help track the movement of metal sales.

“Our proposed changes [would] establish a central reporting point, which is already in the process,” said Det. Dan Valentino of the Sarasota County Sheriff’s Office. “Most [secondhand dealers] are complying voluntarily. Updating the existing ordinance language, to require electronic filing and extend the holding period from 15 to 30 days.”

Proposed changes are: 

• Update existing ordinance to mirror current state regulations
• Require electronic filing for all businesses
• Establish central reporting point
• Extension of the required holding period from 15 to 30 days
• Require items to be photographed
• Include currently exempt businesses

The problem, though, was the language of the ordinance. County commissioner Christine Robinson said the way the proposed ordinance is currently written is too restrictive. The source of the sales and what is exempted, Robinson said, is not clear in the ordinance.

She said it could be interpreted to regulate those sales even for non-profits, churches, schools and even garage sales. “I’m generally supportive of the ordinance, but we need to make sure that we are not going overly broad,” Robinson said.

County staff said the exemptions were not listed in ordinance presented to commissioners on Tuesday because it is implied that those exemptions would enforced based on current state statute.

Commissioner Chair Nora Patterson agreed that the ordinance was confusing and not specific enough. She said the way the ordinance defines second hand goods, the ordinance could restrict the resale of DVDs and CDs. “Do we have a black market in stolen CDs?” Patterson said.

The ordinance, staff said, can be reworked and could be brought back to commissioners in a timely manner.

“We didn’t add any language for exemptions,” assistant county attorney David Pearce said. “[However,] we can certainly do that and it won’t be an issue. [We need] to make sure that we get the exemptions correct. We are working with state law and we can add to it but we can’t subtract from it.”

Commissioners voted to move the proposed public hearing for the ordinance from November to Dec. 13. The date is not set in stone, though. Commissioner Jon Thaxton said if commissioners were not happy with revisions they would delay it more.

Thaxton also said the ordinance needed more vetting by the people and businesses that would be directly affected by it.

“All to often it is the enacting process that gets peoples attention,” Thaxton said.  “ ... We’ve gotten their attention now and I do want to get it adopted as soon as possible, [but] don’t feel comfortable until it’s vetted with the most affected parties.”

How we got here

Valentino with the Sarasota County Sheriff’s Office said the process to draft the ordinance began more than a year ago and stemmed from a significant increase in metal thefts.

Earlier this year the Criminal Justice Commission recommended the current ordinance for county approval. The proposed changes were then discussed at a community workshop in September.

“The rise in metal prices have led to higher theft [of metals],” Valentino said. He added that there is a direct correlation between an increase in scrap metal thefts and prescription drug abuse.

Robinson agreed. She said that when she went on a sheriff’s office ride along in May that she remembers seeing metal shavings outside the homes of drug busts.

The metal thefts have also had a significant economic impact in the area. Through September of this year, Valentino said there has been $5.1 million in losses. Since 2009 that number is more than $12 million — just in unincorporated Sarasota County.

"Thieves have chosen other sources; car radiators, aluminum siding off mobile homes, plaques on the cemetery graves, manhole covers, storm grates," . "Cost in damage becomes higher, there is cooper wire being stolen. Damage to the utility companies. ."