Local recyclers and legislators have reached a compromise on the two disputed drug-related theft ordinances, and the Clark County Fiscal Court passed second readings of those two and a third ordinance Wednesday.
At last week’s city commission meeting, commissioners deferred voting on the second readings of the two ordinances, but passed the one relating to pawnbrokers and precious metal dealers.
After working with local business owners, Clark County Attorney Brian Thomas, who drafted the ordinances, reduced the five-day holding period on automobiles before recycling them to a three-day period. Another change was that any vehicle older than 10 years does not need to be held.
“I don’t think that constitutes a significant portion of what recyclers are taking in,” Thomas said. “We’re not going to put the burden on them to go ahead and hold that car.”
If the vehicle is newer than 10 years and it is being sold by the person whose name is on the title and who can provide identification matching the name, dealers do not have to hold it.
“We’re trying to stop the people who show up, (and) they don’t have the title, or they have the title, but it isn’t in their name,” Thomas said.
With the ordinance dealing with ferrous and nonferrous metal recyclers, a change was made to section eight, which recyclers expressed concern about to the city commission. Now, where recyclers have to give a full description of the purchased metal, the word “type” was added to read, “Make, model, serial numbers and/or type shall be reported …” In the event that these are not available, the purchaser has to report a full, detailed description of the item purchased.
Concerns were expressed about the language “full, detailed description,” but Thomas said the intent was just to make sure purchasers don’t just put “scrap” for items. He said that for a washing machine, it would be acceptable to just put “washing machine” for the description.
If recyclers want to keep video and photographs of all sales, it will ensure their compliance, but they still must provide the written description.
Sam Williams of Water Works Road spoke before commissioners and commended them for considering the ordinances.
“I think it’s a step in the right direction. I personally don’t think it’s tough enough on the recyclers, but at least our government is recognizing that we’ve got a problem and we are looking at a way to fix it,” he said.
Jerry Joiner, manager of Stuff Recycling, and Spencer Blue, vice president of Freedom Metals, appeared before the commission and expressed thanks for coming up with a compromise and working with them on the ordinances.
Thomas said he would draft the modified ordinances Wednesday, and copies would be sent to city commission and docketed for its Aug. 16 meeting.
Mayor Ed Burtner attended the Fiscal Court meeting and said he expected the city to consider the ordinances favorably.
Contact Katie Perkowski at kperkowski@winchestersun.com or follow her on Twitter, @TheSunKatie.
