In this subtitle, the following terms have the meanings indicated.
“Scrap” means any scrap metal, refuse, junk, waste, garbage, rubbish, debris, or scrap of any kind.
“Scrap collector” or “scavenger” means any person who collects, transports, or sells any scrap in the City.
City Code, 1966, art. 19, §33(a), (c)
1976/83, art. 19, §38(a), (c)
Ord. 60-411
Ord. 70-960
Ord. 01-243
Ord. 22-125
This subtitle does not apply to:
an individual transporting or selling materials that were formerly incorporated into the structure or utility system of a dwelling owned by that individual;
an individual transporting or selling, for recycling purposes, newspapers or aluminum beverage containers; or
any of the following entities or their authorized officers or employees:a licensed scrap metal dealer;
a public utility corporation;
a governmental agency;
a licensed electrical or plumbing contractor;
a licensed automotive dismantler and recycler;
a licensed demolition contractor;
an industrial plant or other business that regularly generates scrap as a byproduct of its activities; or
a charitable organization.
City Code, 1966, art. 19, §33(b), (d), (e)
1976/83, art. 19, §38(b), (d), (e)
Ord. 60-411
Ord. 70-960
Ord. 01-243
Ord. 10-398
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Department of Consumer Protection and Business Licensing in consultation with the Police Commissioner may adopt rules and regulations to carry out this subtitle.
Ord. 01-243
Text Conformed 02/11/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
No individual may remove scrap from any premises in the City, transport scrap through any street or alley in the City, or sell or offer to sell any scrap in the City unless the individual has, on his or her person:
a permit to do so from the Department of Consumer Protection and Business Licensing; or
a valid driver’s license or other valid photographic identification issued by the Maryland Motor Vehicle Administration.
City Code, 1966, art. 19, §32(a)
1976/83, art. 19, §37(a)
Ord. 60-411
Ord. 70-960
Ord. 01-243
An application for a permit under this subtitle must:be on the form that the Director of the Department of Consumer Protection and Business Licensing; and
contain the information that the Director of the Department of Consumer Protection and Business Licensing requires.
The application for an initial license must be made in person, at the places the Director of the Department of Consumer Protection and Business Licensing designates.
Applications for a renewal license need not be made in person.
The Director of the Department of Consumer Protection and Business Licensing must issue a permit to the applicant if:the applicant is 18 years old or older; and
in the Director’s discretion and judgment, the public health, safety, or security will not suffer by the permit’s issuance.
City Code, 1966, art. 19, §32(part)
1976/83, art. 19, §37(part)
Ord. 60-411
Ord. 70-960
Ord. 01-243
Unless sooner revoked, each permit expires on the third December 31 after it is issued.
The fee for each permit issued under this subtitle is $10.
A permit issued under this subtitle is not transferable.
City Code, 1966, art. 19, §32(part)
1976/83, art. 19, §37(part)
Ord. 60-411
Ord. 70-960
Ord. 01-243
Each permit issued under this subtitle:must be numbered; and
must contain:
a photograph of the scrap collector or scavenger; and
the name, address, and general physical description of the scrap collector or scavenger.
Whenever a scrap collector or scavenger is engaged in any activity subject to this subtitle, the scrap collector or scavenger must have the required permit or photographic identification available on his or her person for immediate inspection by any police officer or by any person with whom the scrap collector or scavenger is doing business.
City Code, 1966, art. 19, §32(d)(2nd - 3rd sens.)
1976/83, art. 19, §37(f)(2nd - 3rd sens.)
Ord. 60-411
Ord. 70-960
Ord. 01-243
The Director of the Department of Consumer Protection and Business Licensing may refuse to issue a permit and may revoke any permit already issued if:
within the preceding 5 years, the scrap collector or scavenger was convicted of larceny, burglary, or receiving stolen goods; or
the Director finds that:the scrap collector or scavenger has violated any provision of this subtitle; and
the public health, safety, or security would suffer by the issuance or continuance of the permit.
City Code, 1966, art. 19, §32(e)(2nd - 3rd sens.)
1976/83, art. 19, §37(g)(2nd - 4th sens.)
Ord. 60-411
Ord. 70-960
Ord. 01-243
Except as specified in subsection (b) of this section, a scrap collector or scavenger may engage in an activity subject to this subtitle only during the following hours:during the months of October through April, inclusive, from 7 a.m. to 6 p.m.; and
during the months of May through September, inclusive, from 7 a.m. to 8 p.m.
On application by a scrap collector or scavenger, the Director of the Department of Consumer Protection and Business Licensing may authorize additional or alternative hours if:he scrap collector or scavenger has an established place of business in the City or an adjacent county; and
the Director of the Department of Consumer Protection and Business Licensing finds that the restrictions imposed by this section would be a health or safety hazard or create an unjust hardship.
A scrap collector or scavenger may not transport scrap by cart, carriage, dray, or wagon or by any other transport except a motor vehicle displaying current registration markers.
City Code, 1966, art. 19, §34
1976/83, art. 19, §39
Ord. 60-411
Ord. 70-960
Ord. 01-243
Any scrap collector, scavenger, or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense.
Each day that a violation continues is a separate offense.
City Code, 1966, art. 19, §36
1976/83, art. 19, §41
Ord. 60-411
Ord. 70-960
Ord. 01-243
Ord. 08-076