Tulare Municipal Code Ch. 7.36 Waste Tire Haulers

As used in this chapter, the following words and terms shall have the meanings herein ascribed to them.

ASSOCIATION. Every club, syndicate, joint venture and every other group of individuals who are united together for some common purpose but are not organized as a partnership or corporation.

BUSINESS. The operation or carrying on of any activity, whether for profit or gratuitously, for which a license is required by this chapter.

BUSINESS PREMISES. The office, building, location or place in which or from which a business is conducted or carried on.

DISPOSITION. The removal of waste tires from the business premises or other location used by the dealer in its business.

TAX COLLECTOR. The Tax Collector for the County of Tulare.

TIRE. A pneumatic tire or solid tire manufactured for use on any type of motor vehicle.

TIRE DEALER. Any person who engages in the business of selling, trading or dealing in tires for profit.

WASTE TIRE. A tire that has been removed from the wheel of a motor vehicle and is no longer suitable for its originally intended purpose due to wear, damage or defect.

WASTE TIRE HAULER. Any person who engages in the collection and/or transportation of waste tires for compensation.

WASTE TIRE HAULER’S BUSINESS LICENSE. A license to engage in the collection and/or transportation of waste tires for compensation, as required by § 6172 of the Tulare County Ordinance Code, Article 2.6 of Chapter 2, Part IV of that code.

(1995 Code, § 7.36.010)

Any person engaging in, or vehicle used in, the business of a waste tire hauler within the city shall have a valid license issued by the County of Tulare to engage in or be used in such business.

(1995 Code, § 7.36.020)

The following persons shall be exempt from the requirement to be licensed:

(A) Refuse collectors licensed by the County or City of Tulare;

(B) The City of Tulare and its employees;

(C) Any tire dealer transporting only its own waste tires; and

(D) Any common carrier which transports freight of various kinds and for which the transportation of waste tires is only incidental.

(1995 Code, § 7.36.030)

It shall be unlawful for any person to violate any of the following requirements concerning business license:

(A) Any vehicle used to collect and/or transport waste tires within the city must bear on both sides the name of the licensee and the words “Waste Tire Hauler License No. “ with the applicable license number in contrasting lettering not less than two inches in height.

(B) The waste tire hauler’s business license shall be displayed at all times in a conspicuous place near the main entrance of the business premises.

(C) A waste tire hauler’s business license issued for the use of a vehicle shall be carried at all times in the vehicle for which the license was issued.

(D) If a waste tire hauler’s business license has been issued authorizing the licensee to conduct a business independent of a fixed location, the licensee shall carry the license upon his or her person at all times when he or she is conducting such business.

(E) No person shall post, display or carry any revoked, suspended, expired or otherwise invalid waste tire hauler’s business license.

(F) A waste tire hauler’s business license shall be displayed to the Tax Collector, any investigating officer or any peace officer on demand.

(G) Any business license that has been revoked or suspended shall be surrendered to the Tax Collector, any investigating officer or to any peace officer immediately after a demand for such surrender has been made.

(1995 Code, § 7.36.040)

It shall be unlawful for any tire dealer in the City of Tulare to contract with, or otherwise permit, any person to collect and/or transport its waste tires unless that person holds a valid waste tire hauler license or is a person excepted from the provisions of this chapter by § 7.36.030.

(1995 Code, § 7.36.050)

All licensees shall be required to file a monthly report with the Public Works Director on a form prescribed by the Director of each and every transaction in which the licensee was involved in the collection and/or transportation of waste tires within the city. The form shall contain the following information as to each such transaction:

(A) The date and time of each such transaction;

(B) The approximate quantity of waste tires transported;

(C) The manner of transportation used in the transaction, including the name and license number of the waste tire hauler used, if applicable. In all cases where common carrier was used, copies of documentation verifying such use shall be attached to the report;

(D) The location of the site to which the waste tires were transported; and

(E) The disposition of the waste tires involved in the transaction. For purposes of this section, DISPOSITION shall mean the removal of waste tires from the business, premises or other location used by the dealer in its business.

(1995 Code, § 7.36.060)

(A) Any person who violates any provisions of this chapter which are declared to be unlawful, shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the County Jail not exceeding six months, or by a fine not to exceed $500 for each violation, or both.

(B) Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction. Any person convicted of an infraction under this chapter shall be punished by:

(1) A fine not exceeding $50 for a first violation;

(2) A fine not exceeding $100 for the second violation of this chapter within one year; and

(3) A fine not exceeding $250 for each additional violation of this chapter within one year.

(1995 Code, § 7.36.070)

No provision of this chapter, nor any of the procedures set forth herein, shall constitute a waiver of any of the requirements of any statutes or any provisions of this ordinance code or any other ordinance of the city which is in effect as of the adoption of the ordinance codified in this chapter or which may thereafter be enacted.

(1995 Code, § 7.36.080)