Sponsor
Alders Kaprelian-Becker and Sarrazin
Title
Ordinance 16-13
To create Sec. 42-37. Waste Tire Generators and Transporters and recreate Sec. 42-28. Payment of Forfeiture in Lieu of Court Appearance to include increased forfeitures for the illegal dumping or accumulation of waste tires, in the Municipal Code of Racine, Wisconsin.
The Common Council of the City of Racine, Wisconsin do ordain as follows:
Part 1: To create Sec. 42-37. Waste Tire Generators and Transporters in the Municipal Code of Racine, Wisconsin as follows:
"Sec. 42-37. Waste Tire Generators and Transporters.
1. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
a. Commissioner means the health officer, or the chief building inspector, or a designated representative within either department, or any other city official to whom the commissioner's functions or duties under this section have been delegated pursuant to a memorandum of understanding.
b. Department means the health department, building department, or police department to which functions or duties under this section have been delegated pursuant to a memorandum of understanding.
c. Person means any individual, firm, partnership, trustee, agent, association, corporation, company, governmental agency, club or organization of any kind.
d. Tire disposer means any person who, in compliance with all applicable state, federal and local laws, rules and regulations disposes of or converts tires to another purpose including, without limitation, any person who is engaged in any of the following activities:
1. Incinerating or disposing of tires as waste or fuel.
2. Reducing tires into basic components for oil, steel, carbon black, rubber, road paving or other marketable salvage materials by shredding, grinding, chemical treatment or other means.
3. Converting tires into other useful items such as, but not limited to, doormats, pads and shoe soles.
e. Tire reprocessor means any person who regrooves, recaps, retreads or otherwise remanufactures waste tires.
f. Used tire means any tire that is retained by a person, tire reprocessor, or waste tire generator and is intended to be sold at a later time.
g. Waste tire means any tire which is worn, defective, damaged, or is not fit for use upon a public way, or any new or used tire that is destined for a tire disposer or tire reprocessor.
h. Waste tire generator means any person who, in the course of normal business activities, generates or removes 25 or more waste tires per calendar year. This term includes, but is not limited to, the following:
1. Any person engaged in the sale and mounting of new, used or remanufactured automobile, truck and equipment tires who receive waste tires in the exchange process associated therewith.
2. Any person who requires or allows customers to take waste tires.
3. Fleet owners.
i. Waste tire transporter means any person who does any of the following:
1. Engages in the business of transporting waste tires on a public way.
2. At any one time transports more than 5 waste tires on a public way.
3. Transports waste tires for a waste tire generator, irrespective of the number of tires being transported.
2. License Required
a. No person shall operate a business within the city which generates or transports waste tires without having obtained a license as provided in this section. A license shall be required for each business location and each vehicle used to transport waste tires.
b. The requirements of this section do not apply to the following:
1. Vehicles containing 5 or fewer waste tires unless the transporter is hauling waste tires for a waste tire generator.
2. Vehicles which originate outside of the city and are designated for transport outside of the city, provided that no waste tires are loaded or unloaded within the city.
3. Fleet owners that take their vehicles to an outside tire vendor's facility for service. In such situations, the tire vendor shall be considered the waste tire generator.
3. Application
a. Application for a waste tire generator or transporter license shall be made to the city clerk upon forms provided by the commissioner and shall state:
1. The name, address, telephone number and date of birth of the applicant. In the case of a corporation, the name, address, date and state of incorporation, state identification number and the name of the registered agent.
2. The name, address and telephone number of the business to be licensed.
3. A description of each vehicle which will be used to transport waste tires, including the vehicle manufacturer, gross weight, license number, vehicle identification number and registered owner.
4. The address within the city at which the records required in this section shall be kept.
5. Whether the applicant has had a license issued under this section denied, revoked or suspended within the last 3 years.
6. Such other reasonable and pertinent information as the city may from time to time require.
a. The application shall be sworn to be true and correct by the applicant before an officer authorized to administer oaths.
b. A copy of the current state vehicle registration of each vehicle that will be used to transport waste tires shall be submitted with the application.
c. A check for the license fee in the amount specified on the license application, which shall be deposited upon the application's approval by the public safety and licensing committee.
4. License Issuance: Terms
a. All applications for waste tire generator or transporter licenses will come before the public safety and licensing committee for approval. Upon the committee's approval, the city clerk shall issue a license and a unique license number to the applicant.
b. No license shall be granted to an applicant who has had a license issued under this section denied, revoked or suspended during the previous 3 years.
c. Licenses are not transferable to other business locations or vehicles and are personal to the licensee and cannot be transferred, sublet, leased, assigned, given away, loaned, borrowed or sold under any circumstances.
5. Regulations
a. Illegal Dumping of Waste Tires. No waste tire generator may dispose of any waste tires other than through a licensed waste tire transporter. No waste tire transporter may dispose of any waste tires other than to a tire disposer or tire reprocessor. No person may deposit a waste tire on or along any City of Racine highway, in any waters of the City, on the ice of any waters of the City, or on any other public or private property within the City unless the premises is a licensed waste tire generator, reprocessor, or disposer facility.
b. No person may store or permit the storage of more than 24 waste tires upon any premises within the City unless the premise is a licensed waste tire generator, reprocessor, or disposer facility.
c. No person who is not transporting tires for a waste tire generator may transport or cause or permit to be transferred upon any public way more than 5 waste tires unless that person is a licensed waste tire transporter. No person transporting tires for a waste tire generator may transport or cause or permit to be transferred upon any public way any number of waste tires unless that person is a licensed waste tire transporter. The licensee shall at all times have a copy of the waste tire generator or transporter license in the registered vehicle being used to transport the waste tires.
d. Each waste tire generator shall maintain for 3 years all records and receipts relating to the number and destination of all waste tires handled by the business. The record for each consignment shall include the number of waste tires generated, name of the waste tire transporter, the date of pickup and the transporter's license number.
e. Each waste tire transporter shall maintain for 3 years all records and receipts relating to the source and destination of all waste tires handled by the business. The record for each consignment shall include the date of pickup, the number of waste tires, name and address of the waste tire generator, and the name, address and date of delivery of the waste tires to the waste tire disposer or reprocessor.
f. Each waste tire transporter shall submit to the building department an annual report of waste tire collections. The building department shall determine what information is required in such reports and shall specify the date by which each annual report shall be submitted.
g. Each used tire and waste tire located at a licensed waste tire generator business shall be permanently marked with "WTG" and the waste tire generator license number. This marking shall be done in white indelible ink or paint on the tread-side of each waste tire said business accumulates. Each tire shall be marked before it leaves the business premises, and all tires shall be marked not later than the close of business on the day they are received at the business. The waste tire generator licensee is responsible for compliance with this requirement.
h. All tires shall be stored and secured in a manner approved by the commissioner to eliminate theft and potential nuisances.
i. Waste tire generators and transporters shall prominently display their licenses at their place of business and carry a copy thereof in each registered vehicle being used to transport the waste tires.
j. The commissioner, or a designee thereof, may enter such business premises during normal business hours to inspect an accumulation of used tires and waste tires for their compliance with the labeling requirement in subsection (g) and display of license in subsection (i). Additionally, a police officer may ask a waste tire transporter to show proof of a waste tire license and vehicle registration.
k. Each used tire and/or waste tire found on the premises or in a vehicle that is not in compliance with this subsection shall result in a separate citation for violating this subsection.
6. Changes To Be Reported
Each licensee shall advise the commissioner in writing within thirty (30) days of any change regarding the licensee's operations as reflected in the application.
7. Nuisance Abatement
a. Violations of this section may be subject to forfeitures under section 42-28 and ordered to correct all violations by the commissioner or the police department. If the property owner or licensee fails to comply with the order to correct the conditions which are in violation, the city may correct the conditions. The property owner or licensee, or both, shall be personally liable for any expenses to the city for correcting the conditions of the violation.
8. Suspension or Revocation of License
a. The public safety and licensing board may suspend, revoke or deny issuance of any license upon a finding that:
1. The applicant made any false statement or materially incorrect statement in the application.
2. The applicant or employees of the licensed business violated any provision of this section.
b. Any person whose license under this section has been suspended, revoked or denied, upon written petition to the commissioner, shall be afforded a hearing before the health and sanitation appeal board within 10 days of such petition. The hearing shall be conducted by the health and sanitation appeal board, which shall serve as an appeal board for all petitions for the reinstatement of any license issued under this section which has been suspended or revoked and for the issuance of any license under this section whose issuance has been denied by the public safety and licensing committee.
c. Based upon the record of a hearing held under par. b, the commissioner shall enforce the decisions of the health and sanitation appeal board. The commissioner shall furnish a written report of the hearing to the licensee or applicant.
9. Penalty
a. Any person who violates any provision of this section or who fails to comply with an order of the commissioner as issued under this section or otherwise issued concerning operation as a waste tire generator or waste tire transporter shall, upon conviction, be liable to a forfeiture as provided in section 42-28.
b. Citations may be issued for any violations of this section, with or without prior notice."
Part 2: Sections 42-38 - 42-54 of the Municipal Code of the City of Racine are hereby reserved.
Part 3: To recreate Sec. 42-28. Payment of Forfeiture in Lieu of Court Appearance of the Municipal Code of Racine, Wisconsin to include a forfeiture of $1,000 for the violation of the ordinance set forth in Part 1 (Sec. 42-XX. Waste Tire Generators and Transporters) as follows:
Section number Violation Forfeiture
"42-37(5)(a) Illegal Dumping of Waste Tires. $1,000.00
42-37(5)(b)-(k) Other Waste Tire Regulations Violations $100.00"
Part 4: This ordinance shall take effect upon passage by a majority vote of the members-elect of the City Common Council and publication or posting as required by law.
Passed by the Common Council:
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Approved:
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Mayor
Attest:
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City Clerk
Fiscal Note: N/A