Woodlake Municipal Code Ch. 5.40 Waste Tire Haulers

The city council finds that the illegal disposal of waste tires has created many problems that foreseeably jeopardize the public health and safety of persons in the city. The county of Tulare has adopted an ordinance to license waste tire haulers and require waste tire haulers to file reports about all collections and dispositions of waste tires. For the foregoing reasons, the city council finds and determines that it is appropriate and necessary to adopt and to enforce the county's waste tire haulers licensing ordinance relating to the licensing, collection and transportation of waste tires in the city by adopting its own ordinance with enforcement provisions.

(Ord. 460 § 1, 1991)

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

"Association" means 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" means the operation or carrying on of any activity, whether for profit or gratuitously, for which a license is required by this chapter.

"Business premises" means the office, building, location or place in which or from which a business is conducted or carried on.

"Disposition" means the removal of waste tires from the business premises or other location used by the dealer in its business.

"Tax collector" means the tax collector for the county of Tulare.

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

"Tire dealer" means any person who engages in the business of selling, trading or dealing in tires for profit.

"Waste tire" means 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" means any person who engages in the collection and/or transportation of waste tires for compensation.

"Waste tire hauler business license" means a license to engage in the collection and/or transportation of waste tires for compensation as required by Section 6172 of the Ordinance Code of Tulare County found at Article 2.6 of Chapter 2, Part VI of said Code.

(Ord. 460 § 2, 1991)

All persons, firms or corporations not exempt from the licensing requirement contained in Section 6173 of the Ordinance Code of the county of Tulare, and any vehicle used in the business of a nonexempt waste tire hauler within the city shall have a valid waste tire hauler business license issued by the county of Tulare to engage in or be used in such business.

(Ord. 467 § 1, 1992: Ord. 460 § 3, 1991)

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

A. Refuse collectors licensed by the county of Tulare or the city of Woodlake;

B. The county of Tulare and any incorporated city located within the county;

C. Any tire dealer transporting only its own waste tires;

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

(Ord. 467 § 2, 1992: Ord. 460 § 4, 1991)

It is 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 person at all times when he 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 waste tire hauler's 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.

(Ord. 460 § 5, 1991)

It is unlawful for any tire dealer in the city 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 Section 5.40.040.

(Ord. 460 § 6, 1991)

All tire dealers located or operating within the city limits are required to file with the public works director of the county of Tulare, a monthly report on the form prescribed by the director of public works of the county of Tulare, each and every disposition of its waste tires, and such form shall contain the following information as to each such disposition:

A. The date and time of each such disposition;

B. The approximate quantity of waste tires disposed of in each disposition;

C. The manner of transportation used to dispose of the waste tires, including the name of the waste tire hauler and the license number of any vehicle used by the waste tire hauler if applicable. In all cases where a common carrier was used, copies of bills of lading or other documentation verifying such use shall be attached to the report;

D. The location of the site to which the waste tires were transported, if known.

(Ord. 467 § 3, 1992: Ord. 460 § 7, 1991)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 460 § 8, 1991)

(Ord. No. 641, § 2, 11-8-2021)