Sec. 16-926. - Scrap tire facility license required.

(a)

It shall be unlawful for any person to own or operate a scrap tire facility without a valid scrap tire facility license issued under this article.

(b)

To obtain a scrap tire facility license, an application must be submitted to the director. The applicant must be the person who will own, control, or operate the tire business. The application must be signed and verified by the applicant and contain all of the following information:

(1)

The name, mailing address, and telephone numbers of each owner and operator of the facility.

(2)

The physical address and telephone number of the facility.

(3)

The approximate number of scrap tires that will be stored on site at the facility.

(c)

A one-time processing fee of twenty-five dollars ($25.00) shall be charged upon initial registration and an annual assessment of two hundred and fifty dollars ($250.00) thereafter.

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

Sec. 16-927. - Scrap tire identification.

(a)

Scrap tires shall be marked with the permit number of the scrap tire facility within twenty-four (24) hours of receipt.

(b)

Whole scrap tires shall be marked on the outside of the tire in a manner sufficient to provide notice of ownership. Said marking of the permit number shall be at least one (1) inch in height.

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

Sec. 16-928. - Scrap tire facility transport and records.

(a)

It shall be unlawful for any scrap tire facility to cause or permit any scrap tire to be transported upon any public highway other than by a permitted tire transporter.

(b)

All scrap tires shall be covered and secured during transport upon any public highway by a permitted tire transporter.

(c)

Each scrap tire facility shall maintain a daily manifest of the numbers of scrap tires received and delivered. The daily manifest shall include:

(1)

The number of tires received from the transporter or other means;

(2)

The number of tires removed by the transporter;

(3)

The date of transaction;

(4)

The name and permit number of the transporter.

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

Sec. 16-929. - Transporter permit required.

(a)

It shall be unlawful for any person to transport scrap tires upon any public highway within the city unless such person is acting pursuant to a permit prominently displayed on the truck.

(b)

It is an affirmative defense to prosecution under this section that the cargo transported by such person:

(1)

Contains four (4) or less scrap tires;

(2)

Contains four (4) percent or less scrap tires by volume and is part of a general cargo of "municipal solid waste" as that term is defined by V.T.C.A., Health and Safety Code § 361.003; or

(3)

Originated outside of the city and is destined for transport outside of the city, provided that no scrap tires are loaded or unloaded within the city.

(c)

Each person desiring a tire transporter permit shall make application to the department setting forth:

(1)

The name of such person;

(2)

The business address of such person;

(3)

The address within the county at which the records required in this division will be maintained;

(4)

The principal business or occupation of such person;

(5)

A description of each truck which will be used by such applicant for the transport of scrap tires including the manufacturer, gross weight, license number, color, vehicle identification number, year of manufacture and registered owner thereof;

(6)

The name and residence address of each driver who will be authorized to drive the applicant's trucks and their respective driver's license numbers; and

(7)

That neither the applicant nor any proposed driver has had a permit which has been revoked under this article within the immediately preceding period of three (3) years.

(d)

A fee of fifty dollars ($50.00) per truck shall be assessed annually.

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

Sec. 16-930. - Issuance, duration, and amendment.

(a)

The department shall issue a permit or permits to the applicant designating the truck(s) and driver(s) authorized pursuant thereto unless it is found that:

(1)

Any statement on the application was incomplete or false;

(2)

The applicant or any driver listed on the application has committed any offense involving the unlawful disposal or storage or theft of tires within the immediately preceding period of three (3) years; or

(3)

The applicant or any driver listed on the application has had a permit under this article revoked within the immediately preceding period of three (3) years.

(b)

Permits are valid for a period of twelve (12) months from date of issuance and are non-transferable.

(c)

In addition to the permit itself, the department shall issue to the permittee one (1) identification card for each driver covered thereby and one (1) or more identification plates, stickers or decals to be attached by the permittee in such places and manner as the director may administratively direct to each truck covered thereby.

(d)

Permits issued under this article may be amended as to the trucks or drivers authorized thereunder upon application to the director in the same manner as the original application. Such fees shall not be prorated, and no credit shall be allowed for any truck or driver which is deleted.

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

Sec. 16-931. - Authorized drivers and trucks.

(a)

It shall be unlawful for a permittee to allow any truck to be used for the transport of scrap tires except those trucks designated in the permit. The permittee shall ensure that each such truck bears the plates, stickers or decals issued at all times.

(b)

It shall be unlawful for any permittee to allow any truck while used for the transport of scrap tires to be operated except by the drivers designated in the permit.

(c)

It shall be unlawful for any person to act as a driver of any permittee's truck while used for the transport of scrap tires unless the person is in possession of the driver identification cards issued in such person's name to the permittee.

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

Sec. 16-932. - Tire transporter disposal and records.

(a)

It shall be unlawful for any transporter to dispose of any scrap tires transported by such permittee other than by the delivery of such tires to a registered scrap tire facility.

(b)

Each transporter shall maintain a daily manifest of the numbers of scrap tires received and delivered. The daily manifest shall include:

(1)

The name and address of the facility from where scrap tires were received and/or delivered;

(2)

The number of tires received or disposed; and

(3)

Date of transaction.

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

Sec. 16-933. - Maintenance and inspection of records.

(a)

The records required to be made pursuant to this article are government records under V.T.C.A., Penal Code § 37.01.

(b)

Such records shall be retained for three (3) years from date of creation at the address designated in the application for registration.

(c)

All required records shall be made available to the department upon request during regular business hours.

(d)

Said records may be inspected, audited, or copied by the department as required to ensure compliance with this article.

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