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HomeMy WebLinkAboutMC-946 Effective: July 20, 1995 ORDINANCE NO. MC-946 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 8.24.181, 8.24.182, 8.24.183, 8.24.184, 8.24.185 AND 8.24.186 TO THE 2 SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP TIRES 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAIN AS FOLLOWS: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. Sections 8.24.181, 8.24.182, 8.24.183, 8.24.184, 8.24.185 and 8.24.186 are hereby added to the San Bernardino Municipal code to read as follows: 8.24.181 Report of Number of Scrap Tires Every seller of new or used tires within the City of San Bernardino shall report to the Director of Public Services on or before the 15th day following the end of each calendar quarter year the number of scrap tires for which the disposal fee required by Public Resources Code ~42885 has been collected. Said report shall be in a manner or form as prescribed by the Director of Public Services. For the purposes of sections 8.24.181 through 8.24.186, a seller shall be defined as any person, business, corporation or partnership that engages in the sale and/or exchange of new and used tires as a regular part of their business, including but not limited to wholesale and retail tire dealers, automotive service centers, automotive repair centers, new and used automotive dealers, new and used automotive parts vendors and automotive dismantlers. 8.24.182 Penalty for Failure To Report Number of Scrap Tires Any seller of new or used tires within the City of San. Bernardino who fails to submit the report set forth in Section March 1, 1995 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-946 8.24.181 shall be assessed a separate penalty by the City of 20 1 percent of the fees paid by the seller to the State as required by 2 Public Resources Code ~42885. Said penalty will be in addition to 3 any penalties assessed by the State as set forth in ~42886(b) of the 4 Public Resources Code, or by any other local or State agencies. The 5 penalty set forth in this section shall be payable to the Public 6 Services Department of the City of San Bernardino. 7 8 8.24.183 Disposal of Scrap Tires 9 Every seller of new or used tires within the City upon request 10 by an authorized officer, agent or employee of the City must 11 demonstrate that each such tire for which the disposal fee required 12 by Public Resources Code ~42885 has been collected, and which has 13 been reported to the Director of Public Services pursuant to 14 ~8.24.181, has been disposed of properly by one of the following methods: A. Manifest provided by a state-permitted waste tire hauler company; B. Dated Certificate of Removal recording the name, address and California Driver's License number of each person that elected to retain ownership of the whole tires removed from their vehicle. Said record shall be in a manner and form as prescribed by the Director of Public Services; C. Obtain and participate in a City authorized or sponsored tire collection, processing or recycling service; D. Dated Certificate of Processing, in a manner and form as prescribed by the Director of Public Services, which records the number of whole tires reduced in volume prior to land filling by one of the following methods: 1. Shredding to a size of less than four inches in width (Public Resources Code ~42865). March 1, 1995 2 MC-946 1 2 3 4 5 6 7 8 9 10 11 4 . 5 . 6 . 2 . Quartering/Slicing: Cutting into four or more parts across the bead (California Integrated Waste Management Board, Resolution 93-27, 3/31/93). 3 . Bagel Splitting: Splitting the tire through its tread surface to produce two halves, each of which includes a bead, sidewall, and part of the tread (California Integrated Waste Management Board, Resolution 93-27, 3/31/93). Baling: Mechanically compressing and securing whole waste tires into a bale (California Integrated Waste Management Board, Resolution 93- 27, 3/31/93). Manual Volume Reduction: Manually cutting out the sidewalls, including bead to produce three or more parts (California Integrated Waste Management Board, Resolution 93-27, 3/31/93). Any alternative methods formally approved by the Executive Director of the California Integrated Waste Management Board. 12 The City shall provide copies of Certificate of Removal and 13 Certificate of Processing forms to any seller of new or used 14 tires within the City upon request from the seller to the Public 15 Services Department. 16 Any seller of new or used tires within the City who cannot 17 adequately demonstrate to the Director of Public Services or his 18 designee that each whole tire was disposed of properly by one of 19 these methods, shall be in violation of this section, and subject 20 to prosecution by the City. The penalty for a first violation 21 shall be $25.00 plus $3.00 for each tire which the seller cannot 22 demonstrate was properly disposed of by one of these methods. 23 Each subsequent violation shall be $100.00 plus $3.00 per tire. 24 25 26 27 28 /// /// /// March 1, 1995 3 MC-946 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8.24.184 Penalty for Unlawful Disposal of Whole Tires. It shall be unlawful to dispose of whole tires in any of the following manners within the City of San Bernardino: 1) Placement of whole tires within or around any regular commercial, industrial or residential rubbish container within the City. A residential customer may place up to one (1) whole tire per collection day with their regular refuse collection, with a maximum of four (4) tires per calendar quarter. 2) Placement of whole tires on any public or private property within the City, unless said property is a registered waste tire facility as set forth in Public Resources Code ~42800 to ~42859, et. seq. Any seller of new or used tires within the City of San Bernardino who willfully and knowingly places whole tires in or around any regular commercial, industrial or residential rubbish container within the City or along any public or private property, or who allows or directs another party to willfully and knowingly place whole tires in any regular commercial, industrial or residential rubbish container within the City or along any public or private property, shall be guilty of a violation of this section, and subject to prosecution by the City. The penalty shall be $500.00 for each incident, plus $3.00 for each tire unlawfully disposed. III III III III March 1, 1995 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-946 8.24.185 Posting of Notice following notice: Every seller of new or used tires within the City must post the Notice Every tire left with this facility for disposal is assessed a $.25 surcharge pursuant to the State of California Public Resources Code ~42885. This surcharge is for the costs of disposal and for development of new uses for scrap tires. Other charges may also be made by this operator to cover actual disposal or recycling costs. In order to prevent the illegal disposal of used tires within the City of San Bernardino, if you elect to keep your used tires for private use or disposal, you will be required to sign a Certificate of Removal stating the number of tires that you removed, your name, address and California Driver's License Number. This information will be furnished to the City of San Bernardino. Illegal disposal of whole tires is a violation of Section 8.24.184 of the City of San Bernardino Municipal Code, and may result in fines and penalties. 8.24.186 Authority Sections 8.24.181 to 8.24.185 are adopted pursuant to the authority of the Charter of the City of San Bernardino and Public Resources Code ~42810. III III III III III III III III III LM: llg March 1, 1995 5 MC-946 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 8.24.181, 8.24.182, 8.24.183, AND 8.24.184 TO THE SAN BERNARDINO 1 MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP TIRES 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 19th day of June 1995, by the following vote, to wit: Council Members: Aves Navs Abstain Absent X - X - X - X - X - X - X - NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER '.(' G(~ ~A--10 City Clerk The foregoing resolution is hereby approved this ~~ay of June , 1995. ~)~f(U41 David Oberhelman, Mayor Pro Tern City of San Bernardino Approved as to form and legal content: James F. Penman, 23 City Attorney 24 25 26 27 28 J 1. By: March 1, 1995 6