CHAPTER 39. WASTE TIRE HAULERS

ARTICLE 1. GENERAL PROVISIONS

6-39-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise, all of the provisions of Chapter 1 of this Part are applicable to the licenses referred to in this Chapter.

(Added by Ord. No. 3390, effective 8-20-09)

6-39-1010 DEFINITIONS:

Unless the context otherwise requires, the following definitions shall govern the construction of this Chapter:

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

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

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

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

(Added by Ord. No. 3390, effective 8-20-09)

6-39-1020 LICENSE REQUIRED:

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

(Added by Ord. No. 3390, effective 8-20-09)

6-39-1030 SAME: EXCEPTIONS:

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

(a)    Refuse collectors licensed by the County.

(b)    The County of Tulare and any incorporated City 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.

(Added by Ord. No. 3390, effective 8-20-09)

6-39-1040 DISPLAY OF NAME OF LICENSEE:

It shall be unlawful for any licensee to use, or allow to be used, any vehicle to collect and/or transport waste tires within the County, unless such vehicle shall bear, on both sides thereof, 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 (2) inches in height.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 2. APPLICATION; FEES

6-39-2000 APPLICATION: FORM:

The application for a license shall be made to the license collector and shall contain the information required by Chapter 1 of this Part, with the addition of the following information:

(a)    A description of all vehicles that will be used in the waste tire hauler business for the collection and/or transportation of waste tires in the County, including the license and registration numbers of any such vehicles.

(b)    The name, address and description of sites to which the applicant intends to transport waste tires collected within the County.

(Added by Ord. No. 3390, effective 8-20-09)

6-39-2010 SAME: EXCEPTIONS:

When the fixed place of business is located in another county, or within a city located in the County, the applicant shall be exempt from payment of the application fee for inspection of the business premises as required by, and no investigation of the business premises will be conducted pursuant to, Chapter 1 of this Part.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-39-2020 LICENSE FEES:

All licenses shall be annual licenses for which the applicant shall pay an annual license fee, plus an additional fee for each vehicle proposed to be used by the licensee to collect and/or transport waste tires. The amount of the fees shall be set from time to time by resolution of the Board of Supervisors. The license collector shall issue a license in the name of the licensee. Each vehicle to be used by the licensee in the County shall be listed in a supplemental attachment to the license.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 3. TRANSACTIONS AND RECORDS

6-39-3000 USE OF LICENSED WASTE TIRE HAULER REQUIRED:

It shall be unlawful for any tire dealer in the County 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.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-39-3010 REPORT OF TRANSACTIONS BY LICENSEE:

All licensees shall be required to file a monthly report with the Director of the Resource Management Agency 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 County, which shall contain the following information as to each such transaction:

(a)    The date and time waste tires were collected and/or transported.

(b)    The approximate quantity of waste tires collected and/or transported.

(c)    The name and address of the person for whom the waste tires were collected and/or transported.

(d)    The location from which the waste tires were collected and/or transported.

(e)    The location to which the waste tires were transported.

The licensee shall retain receipts or other appropriate documentation which verify that the waste tires in each transaction were transported to lawful disposal sites, and shall produce that documentation to the Director of the Resource Management Agency if requested by the Director.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-39-3020 REPORT OF DISPOSITION BY TIRE DEALERS:

All tire dealers located in the County shall be required to file with the Director of the Resource Management Agency a monthly report on a form prescribed by the Director of each and every disposition of its waste tires, which 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.

(c)    The manner of transportation used to dispose of the waste tires, including the name and license number of the waste tire hauler used, if applicable. In all cases where a 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, if known.

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.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)