Banning Municipal Code Ch. 8.64 Waste Tires

As used in this chapter:

"Owner" means a person who owns or operates, in whole or in part, a waste tire facility, the waste tires located at the facility, or the land on which the waste tire facility is located.

"Tire" means a pneumatic tire of solid tire manufactured for use on any type of vehicle.

"Waste tire" means a tire that has been removed from the wheel of a vehicle and is no longer suitable, or intended for use, for its original purpose due to wear, damage, defect, obsolescence or illegality.

"Waste tire facility" means a waste tire facility as defined in Section 42808 of the California Public Resources Code or its successor section. For purposes of this chapter, "waste tire facility" shall include a tire dealer or an automobile dismantler, as defined in Sections 220 and 221 of the California Vehicle Code or their successor sections if the tire dealer or dismantler stores waste tires on the dealer's or dismantler's premises for more than ten days and if more than fifty waste tires are ever accumulated on the dealer's or dismantler's premises.

(Code 1965, § 11E-1.)

It is the purpose of this chapter to regulate within the City of Banning all storage of waste tires not otherwise subject to direct regulation by the state. The storage of waste tires poses a threat to the health and safety of the community in that improperly stored waste tires can be a home for disease carrying vectors and vermin. Waste tires are a source of air borne chemical pollutants. Waste tires pose an extreme fire hazard in that extinguishing fires, once started, is difficult and the resulting runoff constitutes an environmental pollutant that is difficult and expensive to mitigate.

(Code 1965, § 11E-2.)

A. The establishment of a waste tire facility shall require the issuance of a land use permit by the community development director pursuant to the provisions of Sections 9116.52 et seq. of this Code. Once issued, the permit may be amended pursuant to Title 17 of this Code, and is subject to revocation under Title 17 of this Code.

B. The cost of application for a waste tire facilities permit shall be in an amount established by resolution of the city council. A permit for a waste tire facility existent on the date of the original adoption of this section shall be issued a first permit without charge.

(Code 1965, § 11E-3.)

A. Waste tires shall be stored in a manner such as to prevent infestation by vermin.

B. Waste tires shall be stored in a manner that prevents the establishment of disease vectors, specifically flies and mosquitoes, in the tires. This shall require at a minimum that standing water not remain in any waste tire at the waste tire facility for more than forty-eight hours.

C. Waste tires shall be separated from vegetation and other potentially flammable materials by not less than ten feet.

D. Waste tires shall be stored in a manner such that water used to extinguish any fire occurring in the tires shall not flow into the public drainage system.

E. Waste tires shall be stored in such a manner that the storage area is accessible by a fire lane, the location and dimensions of which shall be determined by the fire department.

F. Waste tires shall be stored in such a manner that the stored tires are not visible from the public right-of-way or adjacent private property.

(Code 1965, § 11E-4.)

Each operator of a waste tire facility that is in operation on the effective date of this section shall have six months following such date within which to make application for a land use permit and to otherwise bring their facility into compliance with this section.

(Code 1965, § 11E-5.)

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine as set forth in this Code.

(Code 1965, § 11E-6.)