Amended & Enacted 2/12/13
1
Introduced
2
Committee:
by
Council
Member
Jones
and
amended
by
the
Finance
3
4
5
ORDINANCE 2013-10-E
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AN ORDINANCE
RELATING TO THE
REGULATION AND
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ENFORCEMENT OF THE
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AMENDING
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REPLACE THE TERM “DIRECTOR” WITH “CHIEF”, TO
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PROVIDE A NEW DEFINITION FOR “DIVISION CHIEF,
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AND REPLACING THE TERMS “DIRECTOR” AND “WASTE
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TIRE”, TO
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TIME OF OBTAINING A PERMIT, AND TO PROVIDE A
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MAXIMUM STORAGE OF 1,500 TIRES BY TIRE DEALERS
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OR TIRE GENERATORS ON THEIR PROPERTY, TO ADD A
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NEW TITLE “HOURS OF OPERATION” AND LIMITING
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TRANSPORT OF TIRES BETWEEN 7:00 A.M. AND 6:00
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P.M., EASTERN TIME, MONDAY THROUGH SATURDAY,
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TO PROVIDE AUTHORITY PURSUANT TO CHAPTER 162,
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PART
21
ORDINANCE
22
GENERATORS,
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PROPERTY OWNERS AND RESIDENTS FOR FAILURE TO
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COMPLY
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EFFECTIVE DATE.
DISPOSAL OF WASTE TIRES;
CHAPTER
260,
ORDINANCE
CODE,
TO
REQUIRE A CERTIFICATE OF USE AT THE
II,
FLORIDA
CODE,
TO
TIRE
WITH
STATUTES
ISSUE
DEALERS,
AND
CHAPTER
CITATIONS
TIRE
CHAPTER
260;
Waste
Division
TO
609,
TIRE
TRANSPORTERS,
PROVIDING
AN
26
27
WHEREAS,
the
Solid
staff
has
observed
an
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excessive amount of waste tires improperly stored in remote areas
29
of Jacksonville; and;
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Amended & Enacted 2/12/13
1
WHEREAS, citizens have notified the City about the illegal
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dumping of waste tires in residential communities in Jacksonville;
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and
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WHEREAS, there is a correlation between such improper waste
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tire storage and illegal dumping of waste tires to mosquito borne
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illnesses and diseases; and
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WHEREAS, improper waste tire storage and illegal dumping of
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waste tires also constitutes a fire hazard, and attracts vermin and
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rodents; and
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WHEREAS,
in
order
to
reduce
the
excessiveness
of
improper
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waste tire storage and illegal dumping in residential communities,
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the Council finds it appropriate to limit the maximum number of
13
storage of waste tires, and limit the transport of waste tires to
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daylight hours; now therefore
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
Amending
Chapter
260
(Disposal
17
Tires), Ordinance Code.
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Ordinance Code, is hereby amended to read as follows:
CHAPTER 260. DISPOSAL OF WASTE TIRES.
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PART 1. GENERAL PROVISIONS.
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* * *
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Sec. 260.103 Definitions.
As used in this part:
23
(a)
of
24
25
26
means
Waste
Chapter 260 (Disposal of Waste Tires),
19
Director
of
Director
the
Public
Works,
or
his
designee.
(a)
Division Chief means Chief of the Solid Waste Division,
or his designee.
27
(b) Person has the meaning given to it in Section 2.101(g).
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(b)
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or structure which shall be properly zoned, and shall meet the
30
all fire code requirements for the activity conducted therein.
Enclosed facility means a fully enclosed, secure building
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Amended & Enacted 2/12/13
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(c)
2
transporter who generates waste tires in the ordinary course
3
of business.
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(d)
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mechanically, chemically or thermally so that the resulting
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material is a marketable product or is suitable for proper
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disposal.
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(c)
9
10
11
12
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Generator
means
Processed
tire
a
person
means
not
a
defined
tire
that
as
has
a
dealer
been
treated
(e) Tire dealer means a person engaged in a retail tire
selling business, a tire retreading business or a facility that, in
the ordinary course of business, removes tires from motor vehicles.
(d)
(f)
Transporter
means
those
persons
required
to
be
licensed under Part 2, Section 260.201 of this Chapter.
(e) (g)
Ultimate disposal site means a permitted landfill,
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properly
15
disposal facility or operation which complies with state rule.
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or
permitted
(f) (h)
facility
or
properly
permitted
Waste tire means a whole tire that is no longer
17
suitable
18
damage
19
vehicle,
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includes used tires, including used display tires, and processed
21
tires, but does not include solid rubber tires and tires that are
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inseparable from the rim.
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or
(g)
for
recycling
its
defect.
and
has
Generator
originally
a
not
tire
that
been
means
intended
a
has
purpose
been
re-treaded
person
not
or
because
removed
wear,
a
motor
from
re-grooved.
defined
of
as
a
The
term
dealer
or
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transporter which generates waste tires in the ordinary course of
25
business.
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(h)
Enclosed
facility
means
a
fully
enclosed
and
roofed
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building which shall be properly zoned and shall meet all fire code
28
requirements for the activity conducted therein.
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* * *
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PART 2. LICENSING AND TRANSPORTING REQUIREMENTS; REVOCATION OF
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LICENSE
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Amended & Enacted 2/12/13
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Sec. 260.201 License.
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(a) Every person who transports more than 8 waste tires shall
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file an application for grant of a license with the Director Chief
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on a form prescribed by the Director Chief. The application form
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shall
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Chief, but shall provide at least the following information:
contain
the
Proof
of
information
deemed
possession
of
an
necessary
by
occupational
the
Director
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(1)
business
tax
8
license;
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(2) Proof of bond as required under Part 2, Section 260.203;
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(3) Proof of ownership or lease of a lot as required under
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Part 2, Section 260.206;
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(4) Proof of permit issued by the Chief, Fire Prevention for
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storage of tires; and
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5) Each tire generator/transporter shall have a Certificate of
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Use (COU) at the time of permit application. A Certificate of
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Use is defined in Section 656.1601, Ordinance Code, as an
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official document issued by the City which verifies that a use
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of
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duplex, may be used or an existing use enlarged, or any new
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use made of land, body of water, or structure, complies with
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the Florida Building Code, the Zoning Code, the City Fire
22
Prevention Code and Chapter 633, Florida Statutes.
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(b)
a
structure,
other
than
a
single
family
residence
or
Upon the receipt of the application and a nonrefundable
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application
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whether the application should be approved.
If the applicant meets
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the criteria stated in this Section, the
Director, Chief shall
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approve the application and grant a license for transporting waste
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tires.
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(c)
fee
The
of
Solid
$100,
Waste
the
and
Director,
Resource
Chief
shall
Management
determine
Department
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Division shall not be required to pay any application fee or submit
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a performance bond as required under Part 2, Section 260.203 in
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Amended & Enacted 2/12/13
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order to be licensed as a transporter under this Section. All other
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provisions of Part 2, Chapter 260 shall be applicable with respect
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to the city operating as transporters of waste tires.
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* * *
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Sec. 260.202 Grounds for denial of a license.
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The Director Chief shall deny a license under this Chapter
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whenever
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officers:
it
is
found
that
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the
*
applicant
*
or
its
principals
or
*
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Sec. 260.204 Revocation of license.
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(a) Grounds. In addition to any other penalty, the Director
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Chief may revoke a license for:
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*
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*
*
(b) Procedures:
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(1) The Director Chief shall provide the holder of the
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license with written notice of the proposed cause for
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revocation and of the date, time and place of the hearing
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at which the holder of the license may be heard, may be
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represented by counsel and may produce evidence. Such
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written notice may be delivered at the place of business
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by
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provided at least 15 days prior to the hearing date.
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(2) After the hearing, the Director Chief shall enter an
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order revoking the license or denying revocation. A copy
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of the order shall be delivered to the holder of the
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license at the place of business by certified mail or by
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posting within 15 days.
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certified
mail
or
*
by
*
posting
and
shall
be
*
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Sec. 260.206 Temporary storage of waste tires.
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Each transporter shall own or shall operate under a
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given
valid
lease of at least one year, a lot not less than one acre in size
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Amended & Enacted 2/12/13
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for the temporary outdoor storage and/or separation of waste tires
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(to include the splitting of waste tires). If 1,000 or more whole
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tires
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requirements for a waste tire site under state law must be met by
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tire dealers, generators, transporters, recapping facilities and
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ultimate disposal sites. If, however, tire shredding, chopping or
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processing is conducted outdoors on the premises, the lot size
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shall be at least five acres. The lot size shall also be properly
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zoned for the activity conducted thereon. Any temporary storage of
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waste tires on a lot less than one acre in size shall be in an
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enclosed facility. Each tire dealer or generator shall not store
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greater than 1,500 tires on their property at any time, and such
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storage of tires shall be subject to inspection by the Chief.
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are
stored
outdoors
on
the
site
on
any
given
day,
the
(1) All tires not stored inside a building, shall be
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covered or the waste tire dealer shall, at least monthly,
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spray the un-covered tires for pest control, and indicate,
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on their monthly required report, the date the tires were
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sprayed for pest control.
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(2) At the end of each day, all tires not stored inside a
20
building,
shall
be
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locked fence or secured with a chain lock.
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secured
*
*
inside
Sec. 260.208 Reserved Hours of Operation.
24
Tire
licensed
secure
six
foot,
shall
only
*
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Transporters
a
under
this
part
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transport waste tires between the hours of 7:00 a.m. and 6:00 p.m.,
26
Eastern Time, Monday through Saturday.
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PART 3. MAINTENANCE OF RECORDS
Sec. 260.301. Records.
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30
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*
(d)
Each
tire
dealer,
*
*
generator,
transporter
and
ultimate
disposal site shall submit, monthly, to the Director Chief in a
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Amended & Enacted 2/12/13
1
form prescribed by the Director Chief, original records required by
2
this Section.
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(e) Copies of all records that are required to be submitted
4
under this Section and supporting documentation, including original
5
receipts, shall be subject to inspection by the Director Chief and
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shall be retained for a period of at least one year.
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*
8
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10
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*
*
PART 5. PENALTIES AND ENFORCEMENT
Sec. 260.501.
Penalty.
It shall be unlawful and a class D offense as defined in
Chapter 609, Ordinance Code, for any person to:
12
*
*
*
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(g) Violations of the provisions of this Chapter may also be
14
enforced by citations for civil penalties pursuant to the authority
15
granted by Chapter 162, Part II, Florida Statutes, and Chapter 609,
16
Ordinance Code. A citation(s) may be issued to tire generators,
17
tire transporters, property owners and/or residents that fail to
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comply with this Chapter.
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Sec. 260.502.
Right of entry. The Director Chief shall have
20
the right of entry upon real property while in the discharge of his
21
duties in verifying compliance with the provisions of this Chapter.
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Sec. 260.503. Reserved.
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*
*
*
Section 2. Effective Date. This
Ordinance
shall
become
25
effective upon signature by the Mayor or upon becoming effective
26
without the Mayor’s signature.
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Form Approved:
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__/s/ Cherry A. Shaw
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Office of General Counsel
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Legislation prepared by: Cherry A. Shaw
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G:\SHARED\LEGIS.CC\2012\Ord\Jones Chapter 260 Waste Tire Disposal.doc
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