Chapter 5.36
COMMERCIAL SCRAP METAL
Sections:
5.36.04 Stripping of commercial grade copper wire prohibited.
5.36.05 Violation and penalty.
5.36.01 Definitions.
(a) “Commercial grade” means copper or aluminum wire or cable with a diameter of fifteen-hundredths inches (0.15") or greater, exclusive of any sheathing or coating, or telecommunications cable with fifty (50) or more pairs of conductors in a single cable.
(b) “Sheathing” means the coating which insulates and protects the commercial grade wire or cable. For purposes of this chapter, sheathing includes, but is not limited to, plastic, rubber, or other similar substances and may, but is not required to, bear markings which identify the lawful owner, purpose, or source of the wire or cable.
(c) “Scrap” means any material derived from manufactured components, such as transmission or telecommunications lines, which is no longer useful for its intended purpose and is primarily valuable for recycling. (§ 1, Ord. 25-08, eff. July 9, 2025)
5.36.02 Receipt, possession, and transportation of commercial quantities of copper or aluminum components prohibited without a license.
No person shall receive, possess, or transport scrap commercial grade copper or aluminum wire, cable, transformer coils, transformer bands, power conducting components, or control system components of the type commonly found in electrical switch gear, or any combination thereof, with a total aggregate weight of ten (10) pounds or more. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code Section 21601, or to a person with a current and valid business license from the City of Clovis or County of Fresno to operate as a junk dealer, secondhand dealer, itinerant dealer, used goods dealer, or flea market operator as set forth in Chapter 6.24 of the Fresno County Ordinance Code, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, or to the agents or employees of those entities. (§ 1, Ord. 25-08, eff. July 9, 2025)
5.36.03 Receipt, possession, and transportation of stripped commercial grade wire or cable prohibited.
No person shall receive, possess, or transport scrap commercial grade copper or aluminum wire or cable which has had its sheathing stripped, burned off, or otherwise removed. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code Section 21601, or to a person with a current and valid business license from the City of Clovis or County of Fresno to operate as a junk dealer, secondhand dealer, itinerant dealer, used goods dealer, or flea market operator as set forth in Chapter 6.24 of the Fresno County Ordinance Code, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, or to the agents or employees of those entities. (§ 1, Ord. 25-08, eff. July 9, 2025)
5.36.04 Stripping of commercial grade copper wire prohibited.
No person shall strip, burn, or otherwise remove the sheathing from commercial grade copper or aluminum wire or cable. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code Section 21601, or to a person with a current and valid business license from any county or county equivalent, related to construction, repair, demolition, junk dealing, or flea market operation, or the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, or to the agency or employees of those entities. (§ 1, Ord. 25-08, eff. July 9, 2025)
5.36.05 Violation and penalty.
(a) A criminal citation for violation of this chapter may be issued as provided under Sections 1.2.01 and 1.2.01.1. The City Attorney is also authorized to refer felony violations of the law to either the Fresno County District Attorney’s Office or the California Department of Justice.
(b) An administrative citation for violation of any provision of this chapter may be issued as provided under Section 1.7.03.
(c) Any violation of this chapter is a misdemeanor, punishable by up to one year in a county jail and/or a fine of up to one thousand and 00/100ths dollars ($1,000.00), plus an additional fine equal to the reasonable cost of repairing or replacing the property. Except as prohibited under Penal Code Section 654, or by other State law, each section of this chapter is a separate and complete offense.
(d) Notwithstanding the provisions of Section 1.7.08, the administrative citation penalty for each and every violation of this chapter shall be one thousand and 00/100ths dollars ($1,000.00). Every twenty feet (20') of aluminum or copper components possessed in violation of this chapter shall be considered a separate and complete offense.
(e) Any property upon which a violation of this chapter is found shall be subject to immediate abatement by the City.
(f) In addition to any administrative penalty assessed for violation of this chapter, any person found in violation of this chapter shall be charged abatement, actual, administrative, and enforcement costs as defined in Sections 5.29.102(a) and (d), calculated to recover the total costs incurred by the City in enforcement of this chapter, pursuant to Chapter 29 of Title 5. (§ 1, Ord. 25-08, eff. July 9, 2025)
5.36.06 Public nuisance.
A violation of this chapter is hereby found and declared to be a public nuisance. (§ 1, Ord. 25-08, eff. July 9, 2025)
5.36.07 Nonexclusive remedy.
This chapter supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, State, or any other legal entity or agency having jurisdiction. (§ 1, Ord. 25-08, eff. July 9, 2025)
5.36.08 Severability.
If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Council hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid. (§ 1, Ord. 25-08, eff. July 9, 2025)