HomeMy WebLinkAboutPO 6694: AMENDING CHAPTER 34, ARTICLE II, SECTION 54-64 TO THE CITY OF PORT ARTHUR CODE OF ORDINANCES TO INCLUDE REGULATIONS FOR THE PROPER DISPOSAL OF TIRES P.O. No. 6694
05/04/18 vt/ht
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34, ARTICLE
II, SECTIONS 54 - 64 TO THE CITY OF PORT
ARTHUR CODE OF ORDINANCES, TO INCLUDE
REGULATIONS FOR THE PROPER DISPOSAL OF
TIRES AND THE REGISTRATION OF CERTAIN
TIRE BUSINESSES AND TIRE HAULERS WITHIN
THE CITY OF PORT ARTHUR; PROVIDING FOR A
PENALTY OF $50 . 00 FOR EACH SEPARATE
OFFENSE; AND PROVIDING FOR PUBLICATION
THEREOF.
WHEREAS, pursuant to Ordinance 12-49, the City Council added
Chapter 34 , Article II, Sections 54-64 to the City of Port Arthur Code
of Ordinances, to include regulations for the proper disposal of tires;
and
WHEREAS, the Fire Marshal has indicated that Ordinance No. 12-47
should be amended to comply with the fire code requirements; and
WHEREAS, the City Council of the City of Port Arthur deems it to
be in the best interest of the citizens of Port Arthur to amend certain
provisions of Chapter 34 , Article II to include used car dealers and
all generators of used tires for the protection of the citizens and to
establish standards for the proper disposal of tires and the permitting
of tire businesses engaging in the resale of tires or any person that
generates waste tires .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
Section 1 . That the facts and opinions in the preamble are
true and correct .
Section 2 . That Chapter 34, Article II, Sections 54 through 64
Code of Ordinance, City of Port Arthur, be amended to read as follows:
Sec. 34-54 . Purpose and Intent. It is declared to be the purpose and
intent of the City to protect the public health, safety, and welfare
of its citizens, prevent the spread of disease and creation of
nuisances, and to protect and enhance the quality of its environment .
The purpose of this Article is to institute and maintain a comprehensive
city-wide program for tire disposal which will insure that the storage,
transportation, collection, processing and disposal of tires does not
adversely affect the health, safety, and well-being of the public and
does not degrade the quality of the environment .
Sec. 34-55 . Definitions. As used in this Article, the following words
and phrases shall have the meaning ascribed to them herein:
Dump. To throw, discard, place, deposit, discharge, bury, or
dispose of in any location that is not designated by law as a disposal
location.
Manifest. A form or document used for identifying the quantity
and the origin, routing and destination of tires during transportation
from the point of generation, through any intermediate points, to an
end user, processor or disposer.
Person. Any and all person, natural or artificial, including any
individual, firm or association.
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Tire. A continuous solid or pneumatic rubber covering encircling
the wheel of a bicycle, motorcycle, automobile, truck, trailer, tractor
or other vehicle.
Tire Business. Includes any place or establishment engaged in the
business of reselling tires that generates waste tires and is occupied,
used or maintained for the purpose of offering, transporting,
repairing, processing, storing, utilizing and disposing of any and all
types of such tires. This includes used car dealerships .
Tire Generator. Includes and any generator of used tires . This
includes tire businesses or private persons.
Waste tire. A tire that is no longer suitable for its original
purpose because of wear, damage, or defect. Waste tire also include
any tire that is destined for a tire disposal vendor.
Waste tire hauler. Any person engaged in the business of picking
up or transporting waste tires for the purpose of removal to a tire
recycling facility, waste tire disposer, processor, end user, or
disposal facility.
Sec. 34-56 . Tire Business Permits. All tire businesses located within
the city limits engaging in the resale of tires or the accumulation,
and generation of waste tires must register annually with the City of
Port Arthur, through its Permits Office for a non-refundable fee of
Twenty-five ($25 . 00) dollars . Upon registration, a permit will be
provided. Tire businesses with multiple locations must purchase a
permit for each location. Tire businesses that utilize their on trucks
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to transport waste tires will received one (1) decal included with the
permit fee. A separate decal must be purchased by such business for
any additional truck utilized by the tire business to transport waste
tires at a cost of $15 per decal. The City' s Fire Department and Code
Enforcement Department Officials (Building Inspection and
Environmental Health Officers) will have the authority to conduct
random inspections of such tire businesses for the sake of monitoring
compliance with the foregoing requirement at any time. Annual
inspections will be performed by the Fire Marshal' s Office to determine
compliance with Fire Code regulations.
A. Application. Every person, firm or corporation obligated to
comply with the permit requirement set forth herein shall
make written application to the City of Port Arthur' s Code
Enforcement Department . The City application shall be made
on a form obtained from the City of Port Arthur Code
Enforcement Department setting forth, among other things,
the following:
1 . Name, physical address, telephone and facsimile number of
the applicant;
2 . Tax identification number or tax payer identification number;
3. Name, mailing address, telephone number and facsimile number
of the owner of the tire business;
4 . The current physical address of the site;
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5 . A statement setting forth and describing the available space
for properly accommodating and protecting all tires;
6 . Such other and further information as the Permits Office may
require.
B. Annual Fees.
1 . All permit and decal fees are due annually by January 1st of
each calendar year payable through the Code Enforcement
Department. These annual fees shall be paid in advance of
the issuance of such permit and decal and shall be prorated
as necessary.
2 . A current valid permit or decal may be replaced by the Code
Enforcement Department for a Fee of Fifteen Dollars ($15 . 00) .
C. Issuance. The Code Enforcement Department shall issue a
permit and decal to a tire business which submits the
required and completed application, pays to the city the fee
as required in this Article, and has demonstrated compliance
with this Article and all applicable city ordinances . Each
tire business registered in accordance with the provisions
of this Article shall immediately post such permit and decal
in a prominent manner, or cause such permit to be posted in
a conspicuous place within the premises where such tire
business is thereby authorized to establish, maintains and
operated. The decal shall be conspicuously displayed on each
vehicle owned by such tire business that is utilized to
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transport used or waste tires . Any permit or decal issued
hereunder shall not be sold, assigned, mortgaged or other
wised transferred without approval by the City Office of
Permits and shall expire upon the termination of the
existence of the tire business or revocation of such
business' permit.
D . Effective Period. The Permit shall be effective for a one
year period beginning on January 1st each year.
E. Permit Exemptions. The following persons are exempt from the
tire hauler permit requirements set forth herein:
1 . A tire hauler who is regulated or licensed by, and is
currently in compliance with, state or federal agencies such
as the Department of Transportation; or
2 . A private individual transporting the individual ' s own
(limited to five (5) waste tires to an approved tire disposal
or tire recycling facility.
3 . City staff, contractors, demolition groups, and community
service group working for City of Port Arthur authorized to
dispose of tires.
Sec. 34-57 . Denial of permit or renewal; suspension or revocation of
permit. In addition to the penalties set forth in Sec. 34-63,
the city may refuse to issue or renew a tire business or tire
hauler permit or may suspend or revoke such permit if:
1 . The applicant or permit holder refuses to allow entry into the
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tire business by the authorized representatives of the City or
otherwise willfully obstructs the inspection of the tire
business; or
2 . There are repeated or a serious violation (s) of any city
ordinance by the tire business or tire hauler; or
3. The tire business or tire hauler fails to comply with any
provisions of this Article and/or any other applicable city
ordinance (s) ; or
4 . The tire business or tire hauler fails to comply with any
applicable state or federal law, rule or regulation; or
5 . The tire business knowingly authorizes a tire hauler who is
not properly permitted to transport on behalf of such business .
Sec. 34-58 . Destruction of Tires . Any tire that is no longer suitable
for its original intended purpose or deemed unfit for resale
by a tire business shall be rendered unusable and properly
disposed of at an authorized tire disposal or recycling
facility. Each tire business shall have six (6) months from the
effective date of this ordinance to comply with this provision.
Failure to comply with this requirement shall be grounds for
revocation of the permit holder' s permit and certificate of
occupancy.
Sec. 34-59. Storage of Tires . Tire Businesses shall properly store
tires at each facility in compliance with the City of Port
Arthur' s Fire Ordinance, in order to reduce or eliminate
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potential nuisances of litter, insect breeding, fire hazards
and other health risks.
Sec. 34-60 . Place for Disposal of Tires .
(a) It shall be unlawful for any person, tire generator or tire
business to cause, suffer or allow the dumping of tires at
any place in the City of Port Arthur including, without
limitation, in or on any public highway, road, street, alley,
or thoroughfare, including any portion of the right of way
thereof, any public or private property in the City or any
waters in the City. Notwithstanding the foregoing,
residential property owners within the City may properly
discard up to four (4) rimless used or waste tires on the
curbside immediately in front of the property owner' s
residence for normal trash pick-up without violating this
provision; provided that such tires are discarded for
removal within twenty-four (24) hours of the property owner' s
designated day for trash pick-up.
(b) It shall be unlawful for any person, tire generator or tire
business to cause, suffer, or allow the disposal of whole
tires in a landfill.
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(c) Tires shall be properly disposed of by the delivery and
manifesting of tires to an authorized tire disposal or tire
recycling facility. Tire Businesses contracting with a tire
hauler (s) for the proper disposal of tires generated by such
business shall require such hauler (s) to utilize a
transmittal manifest documenting the pick-up and delivery of
the tires to an authorized tire disposal or tire recycling
facility.
Sec. 34-61 . Disposal Records/Transmittal Manifest
A. Tire Businesses shall keep disposal records in the form of a
transmittal manifest, as prescribed by the City, at each
business location for a minimum of three (3) years and make
such records readily available upon request at reasonable hours
for inspection by representatives of the City. The manifest
must be maintained and signed off in triplicate and clearly
state the following:
1 . Name, address, telephone number, permit number and
authorized signature of the tire hauler; and
2 . Name, address, telephone number, and authorized signature
of the tire business who is contracting for the removal of
the tires along with the permit number for such business;
and
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3. Date of removal/transport and the number of tires being
transported; and
4 . Name, address, and telephone number of the location where
the tires are to be delivered; and
5. Upon delivery, the name and signature of the person
accepting the tires, including the date of acceptance.
B. Requirements of a Tire business . The manifest required by
this section shall at all times accompany tires while in
transit. Any tire business directly delivering waste or used
tires generated at its business location to a tire disposal
or tire recycling facility must also utilize the transmittal
manifest and make such manifest available for production or
inspection by representatives of the City, upon request.
C. Requirements of a Tire hauler. The original manifest shall be
maintained by the tire business evidencing all information
and signatures required herein, notwithstanding the use of a
tire hauler or direct delivery by the tire business . A tire
hauler contracted to deliver tires to a recycling facility
or disposal facility must maintain a duplicate copy of the
manifest reflecting the delivery of such tires for proper
disposal. The tire recycling or tire
disposal facility shall sign the manifest upon acceptance
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of the tires and also maintain a copy of the manifest for
the facility' s records.
Sec. 34-62 . Administration/Enforcement.
A. Administration and enforcement of this Article shall be the
responsibility of the City of Port Arthur Code Enforcement
Department, Port Arthur Police Department, Port Arthur Fire
Department, Public Works Division, and Environmental Health
Division. The City, by and through its authorized
representatives, is hereby authorized to enter any property
regulated by this ordinance, at reasonable or necessary times
in order to properly inspect for violations.
B. The Office of Permits is hereby authorized to promulgate all
such rules and regulations considered necessary and
proper to effectuate the implementation and enforcement of
this Ordinance.
Sec. 34-63 . Violations and Penalties. Any person, tire business,
tire generator or tire hauler violating or failing to comply
with any provision of this ordinance shall be guilty of a
misdemeanor, subject to a civil penalty of $50 for each
offense as determined by
municipal court. Each day of continued violation shall
constitute a separate offense.
(a) The improper storage of one or more tires shall
constitute a separate offense and is governed in the
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Fire Code.
(b) The transport of one or more tires without the required
permit and decal shall constitute a separate offense
per tire and be punishable by a fine of fifty dollars
($50) for each tire being transported in violation of
this Article. Each day of continued violation of this
subsection constitutes a separate offense.
(c) The improper dumping of a tire shall constitute a
separate offense per tire and be punishable by a fine
of fifty dollars ($50) for each tire found improperly
dumped that is related back to a specific tire business .
Each day of continued violation of this subsection
constitutes a separate offense.
Sec. 34-64 . Injunctive relief. In addition to, and cumulative
of, all other penalties herein provided, the City shall have
the right to seek injunctive relief, for any violation (s) of
this Article .
Section 3 . That a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
Section 4 . That pursuant to Section 52 . 013 of the Texas
Local Government Code, this ordinance which a penalty, it is required
that it be published two times in the official newspaper of the City
of Port Arthur.
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READ, ADOPTED AND APPROVED on this day of July A. D. , 2012,
at a Meeting of the City Council of the City of Port Arthur, Texas, by
the following vote: AYES:
Mayor
Councilmembers
NOES :
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia ize , City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
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