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California Code, Business and Professions Code - BPC § 21609.1

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) A junk dealer or recycler shall not possess any of the following material that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material:

(1) A fire hydrant or any reasonably recognizable part of a fire hydrant.

(2) A fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts.

(3) A maintenance hole cover or lid or reasonably recognizable part of a maintenance hole cover or lid.

(4) Backflow devices and connections to that device, or any part of that device.

(5) Reasonably recognizable street lights, traffic signals, and their reasonably recognizable related equipment, including, but not limited to, all of the following:

(A) Controller devices.

(B) Light-emitting diode (LED) fixtures.

(C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum.

(D) Solar street lighting components, such as solar panels, steel poles, and battery packs.

(E) Colocation equipment.

(F) Conductors, wiring, and cabling, including fiber optic cables.

(G) Cameras.

(H) Air quality sensors.

(I) Digital banners and signs.

(J) Pedestrian and cycling counters.

(6) Active grade crossing signals.

(7) Sewer flow monitoring station equipment.

(8) Sewer pump station instrumentation and controls.

(9) Stormwater auto sampling equipment and instrumentation.

(10) Stormwater pump station instrumentation and controls.

(11) Irrigation wiring.

(12) Plaques.

(13) Communications or broadband infrastructure or equipment.

(14) Electric vehicle chargers.

(15) Water meters and water meter components.

(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material.  Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material.  The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.

(c) For purposes of this section, the following definitions apply:

(1) “Agency” means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.

(2) “Appropriate law enforcement agency” means either of the following:

(A) The police chief of the city, or their designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.

(B) The sheriff of the county or their designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.

(3) “Written certification” means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.

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Cite this article: FindLaw.com - California Code, Business and Professions Code - BPC § 21609.1 - last updated January 01, 2025 | https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-21609-1/

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