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22-2206ORDINANCENO. 22-2206 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 16, ARTICLE V, OF THE CODE OF ORDINANCES (LICENSES, PERMITS AND BUSINESS REGULATION - PURCHASE AND SALE OF PRECIOUS METALS AND JEWELRY), TO ADD DEFINITIONS AND REQUIREMENTS FOR THEPURCHASE OF CATALYTIC CONVERTERS; PROVIDING SEVERABILITY; PROVIDING ASAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND CODIFICATION; AND PROVIDING ANEFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("City") finds it in the best interest of the citizens of the City of Denton to amend Chapter 16, Article V, of the Denton Code of Ordinances, as set forth herein; and WHEREAS, the National Insurance Crime Bureau has reported that the claims of catalytic converters thefts rose nationally from 3,389 in 2019 to 14,433 in 2020 because precious metals ofrhodium, palladium, and platinum contained in catalytic converters; and WHEREAS, the City of Denton had a total of 187 reported catalytic converters thefts in 2021 and as of August 24, 2022, have already had 221 reported stolen; and WHEREAS, City Staff recommends adopting an Ordinance amending Chapter 16, Article V, of the Denton City Code of Ordinances to add definitions and requirements for metal recycling entities to address the increasing cases of theft of catalytic converters, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference to the body of this Ordinance as if fully set forth herein. SECTION 2: The City Council finds that adopting this Amendment to the City Code of Ordinances enhance the quality of life of the citizens of the City of Denton and serves a compelling law enforcement need. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. SECTION 4. Chapter 16, Article V, of the City of Denton Code of Ordinances entitled “Licenses, Permits and Business Regulation - Purchase and Sale of Precious Metals and Jewelry,” is hereby amended to add asfollows Chapter 16 – Licenses, Permits and Business Regulation Article V: Purchase of Precious Metals and Jewelry Sec. 16-151. – Definitions Catalytic conveNer means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion; this includes any material removed from a catalytic converter. Metal recycling entity means a business that is operated from a fixed location and is predominantly engaged in: ( 1) performing the manufacturing process by which scrap, used, or obsolete ferrous or nonferrous metal is converted into raw material products consisting of prepared grades and having an existing or potential economic value, by a method that in part requires the use of powered tools and equipment, including processes that involve processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form of that metal; (2) the use of raw material products described under Paragraph (1) in the manufacture of producer or consumer goods; or (3) purchasing or otherwise acquiring scrap, used, or obsolete ferrous or nonferrous metals for the eventual use of the metal for the purposes described by Paragraph (1) or (2). Regulated Property means new or used: (1) Gold;(2) Silver; (3) Jewelry; or (4) Crafted precious metals, including catalytic converters Sec. 16-152 - Regulated property purchases; records. (2) if the regulated property purchased is a catalytic converter, the purchaser or metal recycling entity shall (e) (1) take a photograph of: a. All sides of the catalytic converter, and if round, both halves;b. the serial number and c. any owner applied number, such as an etched serial number, VIN, etc d. the full face of the seller without a hat (2) upload the photographs into the police department’s selected law enforcement online rnvestrgatlon system; (3) record a clear and legible thumb print of the seller SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6: it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance, shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such urlconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any SECTION 7: The City Secretary is hereby directed to record and publish the attached rule, regulation, and policy in the City’s Code of Ordinances as authorized by the Texas Local Government Code. SECTION 8: This Ordinance shall be effective upon its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, within ten (10) days of the date of its passage. Th, m,ti,„ t, ,pp„„, thi, Ordinance was made by BriM BecK and seconded by &wIde\ (IAB }qC(uk ; this Ordinance was passed and approved by the following vote n_ - a: Abstain Absent Mayor Gerard Hudspeth Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3: Alison McGuire, District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: AyeIZ Z \/ P/ b/ V’ P Nay PASSED AND APPROVED this the 25tl day of MbE _, 2022.g:xfa. ATTEST: ROSA RIOS, CITY SECRETARY b\\111111111 e?_ _ HZ? , APPROVED AS TO LEGAL FORM:MACK RErNWAND, CITY ATTORNEY