Elk Grove Municipal Code Art. I Special Business License Required

The improper storage and the careless disposal of junk tires jeopardize the public health, safety and welfare of City residents and visitors. Large numbers of these junk tires randomly placed in buildings or fields are breeding grounds for disease-carrying insects and animals. If large numbers of these junk tires are ignited by fire, those fires are extremely difficult and expensive to extinguish and the smoke from those fires presents a serious hazard to the environment. Furthermore, large numbers of junk tires carelessly strewn about offend the aesthetic sensibilities of the residents of the City.

The regulatory provisions of this chapter are necessary to ensure reasonable storage of these junk tires and thereby minimize the jeopardy to the public health, safety and welfare.

This enactment will provide criminal penalties to those who violate its requirements. It will also provide a means of enforcing abatement of the nuisance caused by the unreasonable storage of large numbers of junk tires.

This enactment does not apply to tires that do not meet the definition of “junk tires” as set forth herein. Tires that are not junk tires have economic value and are therefore not indiscriminately discarded in large quantities as are junk tires. Further, while tires other than junk tires present the same fire extinguishment problems and environmental hazards as junk tires, the City Council finds they are usually stored in a manner that minimizes these problems and hazards.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The City Manager is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing junk tire storage, promulgation and enforcement of administrative regulations and the performance and exercise of the duties and authorities conferred herein.

To these ends, the City Manager shall be vested with the same powers and authorities in relation to junk tire storage and the issuance and administration of special business licenses therefor as are vested in the Chief of Police under EGMC Chapters 4.02 and 4.10. Any reference to the “Chief of Police” in these sections as that reference relates to the issuance, renewal or denial of a special business license or as that reference relates to the appeal of a denial, revocation or suspension of a special business license shall be deemed a reference to the City Manager in relation to this junk tire storage chapter.

Also, the City Manager shall be vested with the same powers and authorities in relation to abatement of violations of this junk tire storage chapter as are vested in the Public Works Director under EGMC Chapter 16.18. Any reference in that chapter to the “Director of the Public Works Department” shall be deemed a reference to the City Manager in relation to abatement of violations of this junk tire storage chapter.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

As used in this chapter, the following terms shall be ascribed the following meanings:

A.

“Premises”

means a unit of improved or unimproved land, or any portion thereof, shown on the latest equalized City assessment roll as a parcel or as contiguous parcels. Property shall be considered as contiguous parcels even if separated by a utility easement or railroad right-of-way.

B.

“To store”

means to leave, deposit, accumulate, abandon or discard.

C.

“Storage”

means the act of storing.

D.

“Junk tire”

means a not new automobile, truck or any other type of motorized vehicle tire that is not directly attached to an operational vehicle and does not meet the Federal or State of California requirements for used tires or recappable casings.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

It is unlawful for any person to store five hundred (500) or more junk tires either inside or outside a building for any length of time on or about any one (1) particular premises within the City which is owned, leased or in any manner utilized by that person unless the storage is under and by authority of a valid, unexpired, unrevoked and unsuspended special business license issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Notwithstanding EGMC Section 4.10.010, a person who stores five hundred (500) or more junk tires either inside or outside a building for any length of time at one (1) or several premises throughout the City shall be required to obtain a special business license for each particular premises where five hundred (500) or more junk tires are stored.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Every person issued a special business license under the provisions of this chapter shall keep the license posted and exhibited in a conspicuous part of the particular premises where the five hundred (500) or more junk tires are stored.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

In addition to the information required by EGMC Section 4.10.030, an application shall contain the following:

A. All names under which the applicant has engaged, does or proposes to engage in junk tire storage;

B. An accurate legal description, including assessment number, of the particular premises where the junk tires are to be stored;

C. The name and street address of any person with a legal ownership interest in the particular premises where the junk tires are to be stored;

D. The written consent of any person with a legal ownership interest in the anticipated junk tire storage premises to the storage of junk tires on those premises and to the requirements and obligations imposed on these owners by this chapter. The written consent form shall be furnished by the City Manager and all signatures on this form shall be notarized in accordance with California law;

E. Factual information, as specific as possible, as to the maximum number of junk tires expected to be stored on the particular premises at any one (1) time and the number of junk tires expected to be transferred onto or off of the particular premises on a daily, weekly and monthly basis;

F. A written statement from the Chief of the Fire Protection District with jurisdiction over the proposed junk tire storage premises discussing in detail any fire hazard that would be created by the storage of junk tires on or about the particular premises; and

G. The name and street address within the City of an individual authorized to accept service of legal process or any notices issued pursuant to this chapter.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. The City Manager shall issue a special business license to allow storage of junk tires unless:

1. One (1) or more of the findings prescribed by EGMC Section 4.10.040(A)(1), (2) and (4) are made; or

2. The City Manager finds in writing that the use of the particular premises for junk tire storage would not be in compliance with the Zoning Code and has not been approved by the appropriate body through any required use permit hearing process; or

3. The City Manager finds in writing that based upon detailed information provided by the Cosumnes Community Services District or other appropriate fire prevention experts and officials, the proposed storage of junk tires on the particular premises would constitute a dangerous fire hazard.

B. The requirements of EGMC Sections 4.10.035 and 4.10.040(A)(3) shall not be applicable to this chapter for issuance of a special business license.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The applicant shall report to the City Manager any change in the information required by EGMC Section 4.26.030 within ten (10) days of the effective date of the change except that the information required by EGMC Section 4.26.030(C) shall be reported immediately. An updated written consent form pursuant to EGMC Section 4.26.030(D) shall be required immediately upon a change in the information required by EGMC Section 4.26.030(C).

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)