Chapter 5.56 — SAND PITS

Section 5.56.010 License required.

5.56.020 Approval by Council. 5.56.030 Application for license. 5.56.040 Hearing—Notice—Publication. 5.56.050 Posting of notice. 5.56.060 Hearing—Action by Council. 5.56.070 Issuance of license—Fee.

It shall be unlawful for any person, within the city and adjacent to within one-half mile distant from any bonafide human habitation, to establish, maintain or operate any sand, gravel, clay or earth pit, for the manufacture or production of sand, gravel, adobe blocks, brick, tile or other clay or concrete products, where the products are manufactured or produced for sale or general distribution without first obtaining from the License Collector a license to do so. (1995 Code, § 5.56.010)

No such license shall be issued, except upon the approval of the Council, after due notice and hearings, as hereinafter provided. (1995 Code, § 5.56.020)

Any person desiring to obtain a license, as herein provided for, shall file a written application therefor with the Council. (1995 Code, § 5.56.030)

The Council shall fix a time and place for public hearing on the application, which time shall be not less than 30 days after the filing. Prior to the hearing, the Clerk shall furnish to the applicant a copy of a notice of hearing on the application; and the applicant shall cause the notice to be published in a newspaper of general circulation in the city. The publication, if made in a daily newspaper, shall be for a period of not less than five consecutive publications of the newspaper immediately preceding the date of hearing, and if made in a weekly newspaper, shall be for a period of not less than two consecutive publications of the newspaper immediately preceding the date of hearing. (1995 Code, § 5.56.040)

The applicant shall cause a copy of the notice of hearing to be posted at points adjacent to two public highways nearest to the proposed location of the sand or gravel pit or plant or other facility for a period of at least 15 days prior to the date of hearing and in such manner as would reasonably give notice to the passerby of the matters contained in the notice. (1995 Code, § 5.56.050)

At the time and place fixed for the hearing on the application, the Council shall hear the same and any protests thereto. Upon such evidence and matters brought to its attention at the hearing, the Council shall determine whether or not the establishment or maintenance of the proposed sand, gravel, clay or earth pit, for the manufacture or production of sand, gravel, adobe blocks, brick, tile or other clay or concrete products, described in the application, will be, or be likely to become, a public nuisance, or will be dangerous or detrimental to the public peace, welfare, health or safety; and the Council, having so determined, shall in accordance with its finding, grant or withhold its approval of the license sought by the application. (1995 Code, § 5.56.060)

Upon the approval of the Council of any such application, the Clerk of the Council shall notify the License Collector in writing of the granting of the approval and thereafter the License Collector shall issue to the applicant such license upon receipt of the sum of $50, which sum is hereby fixed as the yearly license fee for each such license provided for herein.

(1995 Code, § 5.56.070) Editor’s note: For the most recent fee, please see the Rates and Fees Resolution passed by the city and on file in the city offices.