Ordinance No. 6,151Published In: THE BAYTOWN SUN 920213 -5
Thursday, February 20, 1992
Friday, February 21, 1996RDINANCE N0. 6151
• AN ORDINANCE AMENDING CHAPTER 15, "HEALTH AND
SANITATION ", OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN BY ADDING ARTICLE V "STORAGE AND TRANSPORTATION
OF NEW TIRES OR REUSABLE WHOLE USED TIRES ", SECTION
15 -28, "DEFINITIONS AS USED IN THIS ARTICLE ", SECTION
15 -29, "STORAGE OF TIRES", SECTION 15 -30,
"TRANSPORTATION AND DISPOSAL OF TIRES ", "SECTION 15 -31,
"AFFIRMATIVE DEFENSE "; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND N01100 ($2,000.00) DOLLARS
FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 15, "Health and Sanitation ", of the
Code of Ordinances, City of Baytown, Texas, is hereby amended by
adding Article V "Storage and Transportation of New Tires or
Reusable Whole Used Tires ", Section 15 -28 "Definitions as Used in
this Article ", to read as follows:
Sec. 15 -26 and 15 -27 are Reserved.
Sec. 15 -28. Definitions as used in this Article.
The following words shall have the following
definitions as used in this Article:
(a) "Elements of nature" shall mean the various forms
of natural precipitation such as rain, snow,
sleet, hail, and condensation, etc.
(b) "Generator" shall mean a person or business that
receives, collects or stores tires for the
purpose of selling, retreading, splitting,
quartering, shredding or grinding for disposal,
resource recovery or recycling.
(c) "Tire transporter" shall mean a person or
business registered and permitted by the State of
Texas Health Department to pick up and deliver
new, used, and scrap tires, and /or shredded tire
pieces from and to dealers of tires, or permitted
tire recyclers, storage sites, disposal sites
waste tire facilities, or other processing
facilities.
(d) "Scrap tire" shall mean a tire that has been worn
• or damaged beyond its useful life for its
original intended purpose.
(e) "Structure" shall mean a solid complete enclosure
that prohibits the introduction and collection of
the elements of nature on or inside the enclosure
or the contents within.
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• (f) "Tire" shall mean 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 roadway,
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.
(g) "Used tire" shall mean a tire that has been used
on a vehicle propelled by a motor, or pushed or
pulled by a vehicle propelled by a motor, that
has been removed from the original vehicle it was
used on but still has some serviceable life.
(h) "Vector" shall mean any agent that can transmit
disease to or between human beings, such as
mosquitos and rodents.
(i) "Waste tire facility" shall mean an approved
facility at which used and scrap tires are
collected and deposited and shredded to
facilitate the future extraction of useful
materials for recycling, reuse, or energy
recovery.
(j) "Waste tire processor" shall mean a waste tire
facility or a mobile tire shredder, that splits,
shreds, quarters, tires and delivers to an end
user, the split shredded, or quartered tires for
eventual recycling, reuse, or energy recovery at
either a waste tire storage facility or a waste
tire facility.
(k) "Waste tire storage facility" shall mean an
approved facility at which used and scrap tires,
are collected and stored (before being the future
removal of useful materials for recycling, reuse
or energy recovery).
Section 2: That Chapter 15, "Health and Sanitation ", of the
Code of Ordinances, City of Baytown, Texas, is hereby amended by
adding Article V "Storage and Transportation of New Tires or
Reusable Whole Used Tires ", Section 15 -29 "Storage of Tires ", to
read as follows:
Sec. 15 -29. Storage of tires.
All tires stored within the City of Baytown must be
• kept in a structure that 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. Vector monitoring and control
measures must be taken as necessary to eliminate
presence and breeding of vectors.
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• Section 3: That Chapter 15, "Health and Sanitation ", of the
Code of Ordinances, City of Baytown, Texas, is hereby amended by
adding Article V "Storage and Transportation of New Tires or
Reusable Whole Used Tires ", Section 15 -30 "Transportation and
Disposal of Tires ", to read as follows:
Sec. 15 -30. Transportation and disposal of tires.
(a) Persons who are not classified as a generator of
new, scrap or used tires, or a transporter of
tires, may deliver tires to an approved facility
(ie. storage site, disposal site, waste tire
facility or other processing facility), but the
tire(s)' disposal must be documented by receipt or
manifest from the approved delivery site. This
record must be made available for inspection upon
request from a representative of the Baytown
Health Department.
(b) Generators of new, scrap and used tires must
transport tires by a registered transporter. it
shall be illegal for a generator to place whole
used or scrap tires, or shredded tire pieces in a
dumpster for pickup or collection by a vehicle
that is used on a routine /regular collection
route. All used or scrap tires and shredded tire
pieces shall be transported in a separate
identifiable load by manifest. Used and scrap
tires shall not be transported commingled with any
other wastes. Records of this disposal must be
kept and available for inspection for a period of
three (3) years.
Section 4: That Chapter 15, "Health and Sanitation ", of the
Code of Ordinances, City of Baytown, Texas, is hereby amended by
adding Article V "Storage and Transportation of New Tires or
Reusable Whole Used Tires ", Section 15 -31 "Affirmative Defense ",
to read as follows:
Sec. 15 -31. Affirmative defense.
It shall be an affirmative defense to prosecution of
any violation of Section 15 -29 and 15 -30 that:
(1) New and used tires are displayed for sale outside
only during normal business hours. These tires
must be brought back inside the storage structure
and dried if necessary after the hours of
operation. Monitoring and control measures shall
be,employed as necessary to eliminate the presence
of vectors.
• (2) Solid tires or the stored tires are filled with
concrete or other solid materials so they donft
trap and hold water.
(3) The used and scrap tires are used in a beneficial
manner such as erosion control, decoration,
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traffic control, or bumpers for a boat dock or
boat, etc., provided they do not collect or hold
water, dirt, rubbish or other foreign materials,
nor facilitate the presence and breeding of
vectors and are secured against tire migration.
Where necessary a one inch hole must be drilled at
the tire's lowest point to allow drainage.
Section 5: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 6: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 7: Any person who shall violate any provision of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than Two
Thousand and No /100 ($2,000.00) Dollars. Each day of the
continuance of such violation shall be considered a separate
offense and each and every day shall constitute a separate
violation.
Section 8: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the aff irmative vote of the
City Council of the City of Baytown, this the 13th day of
February, 1992.
v
VEWT 0. HUTTO, Mayor
ATTEST:
• ILEEN P: HALL, City Clerk
4�A-�. - D - -e,9z
IO RAMIREZ, kRj, City Attorney
C:1:84:2