Sec. 16-920. - Purpose of article.

The purpose of this article is to establish regulations and procedures for the safe transportation, appropriate storage, and proper disposal of used or scrap tire.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-921. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City means the City of San Antonio.

Department means the housing and neighborhood services department.

Director means the director of housing and neighborhood services or designee.

Driver means a person designated to act as a driver of a permittee's truck(s) pursuant to the permit.

Elements of nature means rainfall, snow, sleet, hail or other natural precipitation.

Manifest means a record of all used or scrap tires transported and/or received at a scrap tire facility.

Operator means the person in care, custody and control of a scrap tire facility.

Permit means a valid tire transporters permit issued by the city pursuant to this article.

Permittee means a person who holds a valid tire transporters permit issued by the city pursuant to this article.

Public highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Scrap tire means a whole tire or any portion of a tire that can no longer be used for its original intended purpose or is being held, transported, or processed for disposal or recycling.

Scrap tire facility means any business or establishment where one hundred (100) or more scrap tires per year are collected, repaired, processed, recycled, scrapped, sold, bought or stored.

Storage means the collection or accumulation of scrap tires on the ground or in roll-off containers.

Tire means any tire, whether new or used, whether serviceable or unserviceable, made wholly or partially of rubber which was manufactured for use on any vehicle propelled by a motor (including vehicles pushed or pulled by a vehicle propelled by a motor), regardless of whether such vehicle is intended for use on a public highway, provided that such tire is not mounted upon a wheel or rim and in service upon or carried as a component spare part of a vehicle.

Tire disposer means any person who, in compliance with all applicable state, federal and local laws, rules and regulations, disposes of or converts tires to another purpose including, without limitation, persons who:

(1)

Landfill, incinerate or otherwise dispose of tires as waste or as fuel;

(2)

By shredding, grinding, chemical treatment or other means reduce tires into basic components for oil, steel, carbon black, rubber, road paving or other marketable salvage materials; or

(3)

Convert tires into other useful items such as doormats and sandal soles.

Tire marking means the marking of a scrap tire with the facility's permit number.

Tire piece means a particle of scrap tire or scrap tire piece that has been split, quartered or shredded to a usable size such as two-inch minus, or other size required by an industry user or recycler.

Tire transporter means a person or entity permitted by the city to pick up and deliver used and/or scrap tires or shredded tire pieces from and to dealers of tires or permitted scrap tire facilities or state-registered tire recycling facilities.

Truck means a vehicle designated to be operated by a permittee's drivers for the transport of scrap tires pursuant to the permit.

Used tire means a tire, including a recapped or retreaded tire, suitable for continued use for its original intended purpose.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-922. - Approved storage methods.

All used tires, scrap tires and tire pieces stored within the city must be kept in a manner which prevents their exposure to and collection of the elements of nature. Tires must not be allowed to hold water, dirt, rubbish or other foreign materials. Monitoring and control measures are to be implemented as necessary to eliminate the presence of mosquito breeding and rodent harborage.

(1)

Used tires, scrap tires and tire pieces shall be stored separately.

(2)

Used tires, scrap tires and tire pieces stored outside shall be:

a.

Screened from public view;

b.

Properly stored:

1.

On racks or neatly stacked not in excess of ten (10) feet in height; or

2.

In a roll-off container front-load dumpster, or other metal storage container, including a trailer not exceeding forty-five (45) feet × eight (8) feet by thirteen (13) feet if covered and if the stacked tires do not exceed height of thirteen (13) feet and the container and contents are shielded from rainwater. No more than four (4) containers may be stored at any one (1) scrap tire facility location; and

(3)

In compliance with all applicable fire code provisions.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-923. - Unapproved storage of tires declared a public nuisance.

The storage of any tire upon any premises within the city in such a manner that does not conform to the approved storage methods defined in 16-922 is hereby declared to be a public nuisance which is subject to abatement at the expense of the owner of such premises as provided by law.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-924. - Penalty for violations of this article.

A violation of any of the provisions of this article constitutes a Class C misdemeanor that shall be punishable, upon conviction, by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00). Each day that any violation continues shall constitute a separate offense. In the event a defendant has once previously been convicted under this article, the defendant shall be fined an amount not less than two hundred dollars ($200.00) and not less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-925. - Exemptions.

This article does not apply to any department, branch or agency of federal, state, or municipal government. Landfilled scrap tires are not subject to the storage requirements provided herein.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)