Judge Puts Scrap Metal Ordinances In Limbo

A judge has put a hold on new Fresno County ordinances intended to crimp one of the central San Joaquin Valley's hottest crimes: metal theft.

A lawyer for Randy Tosi, whose family owns Bruno's Iron and Metal south of Fresno, said three of five ordinances created to stem metal theft would severely harm the business and interfere with state laws already in place.

Fresno County Superior Court Judge Donald S. Black agreed -- at least in part -- with attorney Michael J.F. Smith's argument and granted the restraining order last week.

Among other things, the ordinances would require scrap yards to:

Provide authorities a more detailed description of metal purchases.

Wait at least three days to pay for scrap metal, and to pay by check.

Hold on to certain metals for five days before any resale.

"The subject matter covered by the three local ordinances has been at least partially addressed by the state's regulation of the scrap-metal business," Black wrote. The three ordinances adversely affect local businesses and those who sell metal to them, he wrote.

As a result of Black's decision, the county immediately stopped enforcing them and has been ordered to explain in a July 30 hearing why a preliminary injunction should not be granted against the ordinances.

Wes Merritt, the chief deputy county counsel assigned to the case, said he is disappointed with Black's decision and will try to change his mind.

"But if I don't change his mind, the preliminary injunction will issue, and we'll have to look at our legal options at that point," Merritt said.

Smith said he's aware that incidents of metal theft have been on the rise, and he said he is sympathetic to victims of the crime, but that the county is going after scrap metal yards because it's difficult to catch thieves.

"So the only person that the authorities can find is the scrap-yard guy," Smith said.

The ordinances, which have passed since February, would cripple Bruno's, Smith said.

But Merritt said the ordinances were designed to slow the transaction of metal purchases to give law enforcement time to track metal thieves, as well as to create a paper trail to help investigations.

Smith, however, said that state law already requires scrap yards to provide descriptions of purchases, and that the county's demand for more detail would be "physically and economically impossible" to meet.

He also said that the state allows junkyards to pay in cash, and that the county's ordinance would contradict that law.

In addition, Smith said, many people who sell metal are poor and don't have bank accounts, so it's not convenient for them to receive payments by check.

Because the ordinances only affect county businesses, Smith said, those looking to sell metal could go to competing scrap yards in nearby cities.

"You don't want to wait around for someone to mail you a check," Smith said.

County authorities have been working with several local cities to adopt similar ordinances.

The final point of contention: State law allows law enforcement to put a hold on metal if there's probable cause that it was involved in a crime, but the county's ordinance puts a hold in place regardless of probable cause.

Smith argued that that's not only unconstitutional, but that Bruno's scrap yard wouldn't have room for all the metal.

"We're not in the business to have a big pile of metal. We're in the business of shipping it out to buyers," Smith said. "It would pile up, and it would be ridiculous."

The two metal-theft ordinances that are not being challenged affect people who sell metals. One requires the sellers to get a business license if they sell scrap metal more than six times a year. The other requires people transporting new or merchandisable-quality metal to provide proof of ownership. Fresno Bee