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Legislation #: 100301 Introduction Date: 4/8/2010
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS CIRCO, SHARP, RILEY, MARCASON, JOLLY, CURLS, FORD, GOTTSTEIN, HERMANN, JOHNSON AND SANDERS BROOKS
Title: Amending Chapter 62, Article VI of the Code of Ordinances of Kansas City, Missouri, entitled “Waste Tire Code”, by repealing Article VI therein composed of Sections 62-181 through 62-200, and enacting in lieu thereof a new Article VI, entitled “Tire Code”, consisting of new Sections 62-181 through 62-207 regulating the transportation, storage and disposal of tires and providing for fees for issuing permits to tire dealers and waste tire sites and a re-inspection fee for the inspection of tire dealers and waste tire sites that fail their annual inspection or a complaint inspection and the first re-inspection following the failed inspection; authorizing and directing the City Clerk to notify the responsible election authorities of this election; calling an election submitting these new fees to the qualified electors of Kansas City for their approval or disapproval; and recognizing an emergency.

Legislation History
DateMinutesDescription
4/8/2010 Filed by the Clerk's office
4/8/2010 Referred to Public Safety and Neighborhoods Committee
4/14/2010 Do Pass
4/15/2010 Assigned to Third Read Calendar
4/22/2010 Councilmember Jolly Move To Hold On Docket
4/22/2010 Held on Docket (4/29/2010)
4/29/2010 Councilmember Circo Move To Hold On Docket
4/29/2010 Held on Docket (5/6/2010)
5/6/2010 Councilmember Sharp Move to Amend
5/6/2010 Passed as Amended

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ORDINANCE NO. 100301, AS AMENDED

 

Amending Chapter 62, Article VI of the Code of Ordinances of Kansas City, Missouri, entitled “Waste Tire Code”, by repealing Article VI therein composed of Sections 62-181 through 62-200, and enacting in lieu thereof a new Article VI, entitled “Tire Code”, consisting of new Sections 62-181 through 62-207 regulating the transportation, storage and disposal of tires and providing for fees for issuing permits to tire dealers and waste tire sites and a re-inspection fee for the inspection of tire dealers and waste tire sites that fail their annual inspection or a complaint inspection and the first re-inspection following the failed inspection; authorizing and directing the City Clerk to notify the responsible election authorities of this election; calling an election submitting these new fees to the qualified electors of Kansas City for their approval or disapproval; and recognizing an emergency.

 

WHEREAS, the substantial quantity of improperly stored, transported and disposed of waste tires within the City constitutes a significant threat to the environmental quality of the City; and

 

WHEREAS, the City Council has determined that it is essential to establish and implement a coordinated plan to oversee and regulate the storage, transportation and disposal of waste tires within the City for the health, public safety and quality of life of the citizens of the City; and

 

WHEREAS, such regulation requires the implementation of fees to cover the additional costs of inspecting tire dealers and waste tire sites; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY, MISSOURI:

 

Section 1. Tire Code Enacted. That Chapter 62, Article VI of the Code of Ordinances of Kansas City, Missouri, entitled “Waste Tire Code”, is amended by repealing Article VI therein composed of Sections 62-181 through 62-200, and enacting in lieu thereof a new Article VI, entitled “Tire Code”, consisting of new Sections 62-181 through 62-207, said Article and Sections to read as follows:

 

ARTICLE VI.

 

TIRE CODE.


Sec. 62-181.  Title.

 

This Article shall be known and may be cited as the Tire Code.


Sec. 62-182.  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:

 

Auto salvage yard means a place that stores salvage vehicles for more than 15 consecutive calendar days or dismantles salvage vehicles for the sale of parts or buys and sells used motor vehicle parts and accessories or stores used motor vehicle parts and accessories for more than 15 consecutive calendar days. 

 

Chipped or shredded tire means a tire that has been reduced to parts no larger than that defined in the definition of a cut tire. 

 

Cut tire  means a waste tire cut in half circumferentially or cut into at least four parts with no part being larger than approximately one-quarter of the original tire's size. 

 

Department means the neighborhood and community services department. 

 

Designated agent means the individual designated by the permit holder who is in actual management and control of the business permitted under this Article.

 

Director means the director of the neighborhood and community services department or any authorized representative. 

 

Owner and operator  means any person who owns, leases, operates, controls or supervises a waste tire collection center, waste tire processing facility, waste tire site, waste tire hauling company, tire dealer, salvage yard, auto salvage yard or garbage dump. 

 

Person means an individual, partnership, club or association, firm, limited liability company or corporation, unless the context requires a contrary interpretation.

 

Salvage means old or scrap copper, brass, rope, rags, batteries, paper, rubber debris, iron, steel and other old or scrap ferrous or nonferrous material. 

 

Salvage vehicle means a vehicle which is incapable of operation or use upon the highways or which has no use or resale value except as a source of parts or scrap. The absence of any of the following items shall be deemed to render a vehicle inoperable: front or rear fender, front or rear quarter panel, hood, trunk lid, front grill, front or rear clip, wheel, front or rear axle, engine, transmission, instrument panel, windshield or window, or dashboard. 

 

Salvage yard means an establishment, area or place of business maintained, operated or used for the storing, keeping, buying, or selling of salvage. 

 

State means the State of Missouri. 

 

Tire dealer means any person who operates or maintains an establishment or place of business where new or used tires are bought or sold.

 

Vector means any organism, such as an insect, that transmits a pathogen. 

 

Waste tire means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect or has been discarded with the intent of final disposal. 

 

Waste tire collection center means any establishment or place of business where more than five waste tires are collected or stored for more than 30 days. 

 

Waste tire hauler means any individual or business hauling or transporting more than five waste tires within the city. 

 

Waste tire processing facility means any establishment or place of business where waste tires are processed for disposal, recycling or any other purposes. 

 

Waste tire site means any establishment, area or place of business where more than five waste tires are stored including waste tire collection centers, waste tire processing facilities, salvage yards, auto salvage yards and garbage dumps. 

 

Sec. 62-183.  Administration and enforcement of Article.

 

The director shall administer or cause to be administered the provisions of this Article.

 

Sec. 62-184.  Conflicting provisions.

 

Wherever conflicting provisions or requirements occur between this Article and any other municipal codes or laws, the most restrictive shall govern.

 

Sec. 62-185.  Prohibited activities.

 

(a)   It shall be unlawful for any person to dispose of waste tires in the city except as provided in this Article. Waste tires shall be collected only at a waste tire site, waste tire processing facility, waste tire collection center or a temporary site as allowed by the State of Missouri and approved by the director

 

(b)   A person shall not maintain a waste tire site unless the site is permitted by the state department of natural resources for the proper and temporary storage of waste tires or the site is an integral part of the person's permitted waste tire processing facility or the site is exempt from the state's permit requirements.

 

(c)    Waste tires may not be deposited in a landfill as a means of ultimate disposal unless the tires have been cut, chipped or shredded.

 

Sec. 62-186.  Duties of the department.

 

The department is authorized to:

 

(a)   Encourage the establishment of waste tire collection centers at tire dealers and waste tire processing facilities; and

 

(b)   Investigate, locate and document existing sites where tires have been or currently are being accumulated, and initiate efforts to bring these sites into compliance with rules and regulations promulgated pursuant to the provisions of this Article.

 

(c)    Assist neighborhood organizations and community groups in the application process for waste tire grants, facilitate public service education with regard to waste tires and the illegal dumping of waste tires and coordinate education concerning waste tires with the Kansas City Missouri Police Department and city departments.

 

Sec. 62-187.  Inspections.

 

(a) The director, or any police officer, shall have the right, at any reasonable time, to inspect any area of the permitted premises and the permit holder shall allow inspection of all premises used in connection with the operations carried on under the permit. The following are the different types of inspections that may be made:

 

(1) Annual. The director shall, during normal business hours, conduct an inspection of the property thereof to ensure compliance with this Article. Owners will be notified of annual inspections at least 14 days in advance of the scheduled inspection date. Owners or their representatives, must make premises available for inspection and may accompany inspectors during inspections

 

(2) Complaint. The director shall, during normal business hours, conduct inspections when violations of this Article are reported to the director.

 

(3) Reinspection. The director shall, during normal business hours, inspect an establishment that has failed an annual or complaint inspection until compliance is reached. A fee will be charged for a second re-inspection and every re-inspection thereafter until compliance with this Article or any inspection is achieved.

 

(b) The fee for each inspection shall be as follows:

 

Annual inspection

No Fee

Complaint inspection

No Fee

2nd and every subsequent re-inspection

$100 for each subsequent re-inspection

 

(c)    The city council shall have the authority to annually adjust the re-inspection fee by a percentage no greater than the percentage increase in the Consumer Price Index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increase is reflective of the costs of the services being provided.

 

(d)   No fee shall be effective until approved by a simple majority of the city’s electors.

 

Sec. 62-188.  Tire dealer permit required.

 

(a) Within 120 days of the effective date of this ordinance, it shall be unlawful to be a tire dealer within the City without a tire dealer permit. A permit shall be required for each location at which a tire dealer operates in the city. This permit shall be in addition to any other permit or license required by other local, state or federal government agencies. No permit shall be issued for any business seeking to operate at a location prohibited by any applicable local, state or federal law, statute, ordinance, rule or regulation; provided, however, that a business lawfully in existence on the date of adoption of such prohibition may be issued a permit if allowed by such provisions.

 

(b) A tire dealer who hauls or transports more than 5 tires at any one time within the city shall maintain a copy of the current permit inside the vehicle when the vehicle contains scrap tires and maintain tracking and summary reports as required by the Missouri Department of Natural Resources on forms provided by the Missouri Department of Natural Resources or on similar forms or in a similar format that has been preapproved by the Missouri Department of Natural Resources. The tracking report(s) shall be filled out for each load delivered to an approved destination and shall include all applicable collection and receiver data. All records required by this rule shall be kept on site by the tire dealer and waste tire hauler for at least three (3) years. The records shall be made available for inspection by the director or any police officer upon demand.


Sec. 62-189.  Tire dealer permit application.

 

An application for a tire dealer permit or annual renewal shall be made in writing to the director and shall contain the following information:

 

(1)    The full name and place of business of the applicant, including the street address and legal description where such business is to occur. If the applicant is a limited liability company, the name of the managing member, if one is designated in the limited liability company documents, shall be provided. If the applicant is a partnership, the full name and place of residence/business of each general partner shall be listed. If the general partner of a partnership is a corporation, then that corporation shall list the full name, position and place of residence of each officer and director of that corporation. If the applicant is a corporation, the full name, position, and place of residence of each officer and director shall be provided. If the applicant is doing business under a fictitious name, both legal and fictitious names shall be listed on the application;

 

(2)    The hours of operation and days of the week that the business will be open to the public;

 

(3)    The name, telephone number and address of the designated agent of the local office operations. The designated agent will be the individual authorized to act on behalf of the permit holder in the permit holder’s absence and may receive notifications (including notification of violations) that may be issued by the city;

 

(4)    The state sales tax number if required by the state for the applicant to do business at the site that is the subject of the application;

 

(5)    Proof that the applicant has received a tax clearance from the finance department;

 

(6) A certificate from the city planning and development department and the fire department stating that the applicant is in compliance with their respective codes;

 

(7)    Such further information that pertains to a tire dealer operating in the city as may be required by the director.

 

(8)    The tire dealer shall update the director of any changes to the information required in the application by submitting an updated application within 30 days of such change.

 

(9)    The application shall be dated and signed by an individual with authority to sign on behalf of the person requesting the tire dealer permit.

 

(10) The name, address and telephone number of the owner of the real estate unless the real estate is owned by the tire dealer. Documentation that the real estate owner authorizes the use of the property by a tire dealer shall be attached to the application.

 

(11) The name, address and telephone number of the waste tire hauler used to haul or transport applicant’s used tires.

 

Sec. 62-190.  Tire dealer permit duration; renewal; fees.

 

(a)   The permit period for all tire dealers will be for a period of one year beginning and ending on dates determined by the director. The initial application may be for a portion of one year. An application for renewal of the permit will be sent to permit holders 90 days prior to the date of expiration, however, failure of the director to send this courtesy notice shall not excuse the tire dealer’s failure to renew the required permit. The completed renewal application is due 30 days prior to the expiration date of the current permit. Failure to apply for a renewal of a permit within 120 days of the expiration date shall render the expired permit null and void.  Each permit shall include the name of the permit holder and address of the premises. Permits in good standing on the date of their expiration shall be eligible for renewal. The application for a permit shall be accompanied by payment in full of the fee stated in this section, by cash, certified or cashiers check or money order. No application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances.

 

(b)   The fee for each permit shall be as follows:

 

(1)    New tire dealer permit: $250.00 per year.

 

(2)               Renewal of tire dealer permit: $250.00 per year.

 

(c) Every permit holder that has not submitted a renewal application before the permit expires will be assessed a late fee. Late fees will be assessed according to the following schedule:

 

30 days $50.00

60 days $100.00

90 days $150.00

120 days $200.00

150 days $250.00

180 days $300.00

 

(e)    No permit fee shall be effective until approved by a simple majority of the city’s electors.

 

Sec. 62-191.  Collection of waste tires by retailers.

 

(a)   Acceptance by sellers.  Any person selling new, used or remanufactured tires at retail shall accept, at the point of transfer and time of sale, in a quantity equal to the number of tires sold, used or waste tires from customers, if offered by such customers. Any person accepting used or waste tires may charge a reasonable fee reflecting the cost of proper management of any waste tires accepted. 

 

(b)   Posting of information.  Such a seller shall prominently post a written notice for customers that contains information about section 62-185, prohibited activities, and shall include the requirements that sellers must accept waste tires for disposal and recycling. The notice shall be in such size and format, and contain such other information, as the director shall prescribe, and shall substantially conform to a model notice which the director shall prepare for use by sellers. 

 

Sec. 62-192.  Abatement of violations.

 

(a)   Authorized.  If the owner, operator or person in care, custody or control of any site in violation of the provisions of this Article fails to correct such violations within 30 days of the notice provided pursuant to this Article, then the director may, in addition to resorting to any other available legal remedy, declare the site to be a public nuisance and may enter the site where such nuisance exists, for the purpose of abating such condition, with or without the consent of the owner or occupant thereof, without being deemed to have committed a trespass. This limited right of entry shall extend to any person hired or otherwise engaged by the director to abate such nuisance conditions. 

 

(b)   Assessment of costs.  The director shall thereafter determine the actual costs incurred to effect that abatement, together with a reasonable administrative charge, with such administrative charge not to exceed $500.00, which, after providing reasonable notice to the owner as disclosed in the application and occupant of the site, shall be assessed against the owner and occupant. If an owner or occupant so requests in writing received within 15 days of the date of that notice, the director shall hold a public hearing to determine the reasonableness of that assessment. 

 

(c)   Payment of assessment.  If such assessment is not paid in full within 30 days, then the director shall certify the charge for abatement to the director of finance as a special assessment represented by a special tax bill against the real property affected. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten years. Should any such installment become delinquent, the whole unpaid amount shall become due. 

 

Sec. 62-193.  Requirements for waste tire haulers.

 

(a)   Waste tire haulers shall:

 

(1)    Register with the department prior to operating within the city except that any waste tire hauler currently operating shall have 90 days to register pursuant to this provision on a form approved by the director.

 

(2)    Obtain and maintain a valid permit from the state to operate as a waste tire hauler pursuant to RSMo 260.270. A copy of such permit shall be provided to the department at the time of registration with the department.

 

(3) Maintain a copy of the current state permit inside the vehicle when the vehicle contains scrap tires.

 

(4) Maintain tracking and summary reports as required by the Missouri Department of Natural Resources on forms provided by the Missouri Department of Natural Resources or on similar forms or in a similar format that has been preapproved by the Missouri Department of Natural Resources. The tracking report(s) shall be filled out for each load delivered to an approved destination and shall include all applicable collection and receiver data. All records required by this rule shall be kept on site by the tire dealer and waste tire hauler for at least three (3) years. The records shall be made available for inspection by the director or any police officer upon demand.

 

Sec. 62-194.  Waste tire hauler.

 

Any person registering as a waste tire hauler within the city shall pay a $25.00 annual registration fee to the director.

 

Sec. 62-195.  Denial of waste tire hauler permit.

 

(a)   The department will allow registration upon compliance with the provisions of this Article. Failure to comply with the provisions of this Article shall result in denial of registration with the department. Upon denial of registration, the department will issue a written report to the applicant as to the reasons for noncompliance.

 

(b)  Failure to register under this Article shall constitute a violation of this Article.

 

Sec. 62-196.  Limited storage of tires allowed; permitted use of waste tires.

 

(a)   Any person having obtained a permit from the city to operate an auto salvage yard, may without further license, permit or payment of fee, store but shall not bury on his or her property, up to 500 waste tires that have been chipped, cut or shredded; provided however, that such tires are only from vehicles acquired by him or her and that such tires are stored in accordance with the rules and regulations adopted by the department pursuant to this section. Any tire dealer may hold more than 500 waste tires for a period not to exceed 30 days without being permitted as a waste tire site if such tires are stored in a manner which protects human health and the environment pursuant to regulations adopted by the department.

 

(b)   Notwithstanding any other provisions of this Article, a person who leases or owns real property may use waste tires to secure covers over silage, hay, straw or agricultural products.

 

(c)   Waste tires collected and stored for processing, disposal and recycling pursuant to the provisions of this section shall be stored as required by law.

 

(d)      Any person may store less than five waste tires for recycling or other uses. Any person storing less than five tires shall stack the same and maintain vector control unless such tires are being utilized for other purposes.

 

Sec. 62-197.  Waste tire site, closure plan.

 

Each operator of a waste tire site shall ensure that the area is properly closed upon cessation of operations pursuant to RSMo 260.275.

 

Sec. 62-198.  Waste tire site permit application.

 

(a)   A person desiring to establish, maintain or operate a waste tire site within the city shall submit an application, in writing, to the director which shall contain the following information:

 

(1)    The full name and place of business of the applicant, including the street address and legal description where such business is to occur. If the applicant is a limited liability company, the name of the managing member, if one is designated in the limited liability company documents, shall be provided. If the applicant is a partnership, the full name and place of residence/business of each general partner shall be listed. If the general partner of a partnership is a corporation, then that corporation shall list the full name, position and place of residence of each officer and director of that corporation. If the applicant is a corporation, the full name, position, and place of residence of each officer and director shall be provided. If the applicant is doing business under a fictitious name, both legal and fictitious names shall be listed on the application;

 

(2)    The hours of operation and days of the week that the business will be open to the public;

 

(3)    The name, telephone number and address of the designated agent of the local office operations. The designated agent will be the individual authorized to act on behalf of the permit holder in the permit holder’s absence and may receive notifications (including notification of violations) that may be issued by the city;

 

(4)    The state sales tax number if required by the state for the applicant to do business at the site that is the subject of the application;

 

(5)    Proof that the applicant has received a tax clearance from the finance department;

 

(6) A certificate from the city planning and development department and the fire department stating that the applicant is in compliance with their respective codes;

 

(7)    Such further information that pertains to a waste tire site operating in the city as may be required by the director.

 

(8)    The owner of the waste tire site shall update the director of any changes to the information required in the application by submitting an updated application within 30 days of such change.

 

(9)    The application shall be dated and signed by an individual with authority to sign on behalf of the person requesting the waste tire site permit.

 

(10) The name, address and telephone number of the owner of the real estate unless the real estate is owned by the waste tire site establishment. Documentation that the real estate owner authorizes the use of the property as a waste tire site shall be attached to the application.

 

(11) The name, address and telephone number of the waste tire hauler used to haul or transport applicant’s waste tires.

 

(b) Along with the application, the applicant must submit the following:

 

(1)    A valid permit from the state to operate a scrap tire site pursuant to RSMo 260.270. A copy of such permit with the following attachments shall be provided to the department at the time of registration;

 

(2)    Detailed site plans and operational plans containing the information necessary to comply with the storage requirements of this Article.

 

(3)    Plans for final disposition of the waste tires;

 

(4)    A contingency plan designed to minimize the hazards to human health and the environment from fires, runoff of contaminants resulting from fires and from mosquitoes in case of failure of the primary method of vector control. The contingency plan shall include, but not be limited to, the following items, as applicable:

 

(i)    The actions site personnel must take in response to fires, runoff resulting from fires and mosquito breeding in waste tires;

 

(ii)    An excavation plan for site personnel, in case of fire;

 

(iii)    Evidence that the fire contingency plan has been provided to the fire department; and

 

(iv)    Evidence of compliance with local and Missouri Department of Natural Resources water pollution control regulations, (as set forth in 10 CSR 20-6.010).

 

(c)    Within 120 days of the effective date of this ordinance, it shall be unlawful for any person or establishment to operate as a waste tire site without a waste tire site permit.

 

Sec. 62-199.  Waste tire site permit duration; renewal; fees.

 

(a)   The permit period for all waste tire sites will be for a period of one year beginning and ending on dates determined by the director. The initial application may be for a portion of one year. An application for renewal of the permit will be sent to permit holders 90 days prior to the date of expiration, however, failure of the director to send this courtesy notice shall not excuse the waste tire site operator’s failure to renew the required permit. The completed renewal application is due 30 days prior to the expiration date of the current permit. Failure to apply for a renewal of a permit within 120 days of the expiration date shall render the expired permit null and void.  Each permit shall include the name of the permit holder and address of the premises. Permits in good standing on the date of their expiration shall be eligible for renewal. The application for a permit shall be accompanied by payment in full of the fee stated in this section, by cash, certified or cashiers check or money order. No application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances.

 

(b)   The fee for each permit shall be as follows:

 

(1)    New waste tire site permit: $250.00 per year.

 

(2)               Renewal of waste tire site permit: $250.00 per year.

 

(c) Every permit holder that has not submitted a renewal application before the permit expires will be assessed a late fee. Late fees will be assessed according to the following schedule:

 

30 days $50.00

60 days $100.00

90 days $150.00

120 days $200.00

150 days $250.00

180 days $300.00

 

(d)   No permit fee shall be effective until approved by a simple majority of the city’s electors

 

Sec. 62-200.  Waste tire site storage requirements.

 

The following storage requirements shall be met prior to registration as a waste tire site.

 

(a)   Fire protection.   

 

(1)    Whole waste tire storage shall meet the Standard for Storage of Rubber Tires as adopted by the National Fire Protection Association (NFPA).

 

(2)    Cut, chipped or shredded waste tire storage shall meet the fire prevention, exposure protection and fire fighting access guidelines contained in the Standard for Storage of Rubber Tires as adopted by the National Fire Protection Association (NFPA).

 

(3)    Indoor storage of waste tires shall meet the requirements as adopted by the National Fire Protection Association (NFPA). (Copies of the NFPA standard for indoor and outdoor storage may be obtained by contacting the NFPA, P.O. Box 9101, Quincy, MA 02269, 800-344-3555.)

 

(4)    Outdoor storage shall meet the requirements as adopted by the National Fire Protection Association (NFPA).

 

(b)   Runoff protection.  Surface water drainage must be diverted around and away from waste tires. 

 

(c)   Location.  Waste tire sites shall not be located in a wetland, sinkhole or floodplain (unless protection is provided against at least a 50-year flood by impervious dikes or other appropriate means to prevent the flood waters from contacting the waste tires). 

 

(d)   Site control.  Waste tire sites shall be fenced or enclosed or otherwise made inaccessible. Signs shall be posted to prohibit unauthorized entry. (Wording such as "Access Restricted to Authorized Haulers Only" may be used.) 

 

(e)   Vector control.  Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors. If the method being used to control vectors is not effective, the owner/operator of the waste tire site must use an alternative method to correct the vector problem. The owner/operator of a waste tire site storing tires during the period April 1 through October 31 shall use one or more of the following methods of vector control: 

 

(1)    Drain tires of water unless certified dry by the waste tire hauler and kept dry within a building, enclosed trailer or under cover impermeable to water. The cover shall be maintained to be impermeable to water.

 

(A)    Tires received November 1 through March 31 that contain water shall be drained of water by April 1.

 

(B)    Tires received April 1 through October 31 that contain water shall be drained of water within 24 hours of receipt.

 

(2)    Alter tires so as not to retain water. Tires received November 1 through March 31 shall be altered and drained of water by April 1. Tires received April 1 through October 31 shall be altered and drained of water upon receipt or be certified dry by the waste tire hauler. If certified dry by the waste tire hauler, the tires shall be altered within seven days of receipt;

 

(3)    Treat the tires with a larvicide and/or adulticide appropriate to prevent the development of mosquito larvae and pupae and repeat treatment as often as necessary to prevent such development, taking into account the effectiveness and life of the larvicide and/or adulticide utilized.

 

(A)    Larvicides and/or adulticides must be applied in accordance with their label, Chapter 281 of the Revised Statutes of Missouri and Missouri Department of Agriculture regulations.

 

(B)    The dimensions of the tire pile and the method of stacking the tires shall allow for application of the larvicide and/or adulticide to all tires; and

 

(4)    Alternate methods of vector control may be approved by the department if documented to control larvae, pupae and adult mosquitoes.

 

Sec. 62-201.  Suspension and revocation of permits.

 

(a)   Suspension.  If the director holds a hearing in accordance with section 62-203 and finds that a permit holder has violated any provision of this Article or any regulation properly issued by the director, the director may suspend the permit issued under this Article for a period not to exceed 90 days.

 

(b)   Revocation.  The director may revoke the permit if, following a hearing held in accordance with section 62-202, he finds that:

 

(1)               A permit holder has violated three or more provisions of this Article or any regulation properly issued by the director; or

 

(2)               A permit was obtained by misrepresentation or fraud, including knowingly providing false information; or

 

(3)               A permit holder has violated the provisions of the cease sales list in section 62-205 of this Article; or

 

(4)               A permit holder has failed to pay for more than 60 days any fines or fees pursuant to this Article.

 

Sec. 62-202.  Hearing.

 

(a)   Whenever the director has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any permit issued under this Article, or other reasonable cause to believe such grounds exist, he shall hold a hearing to ascertain all facts in the matter and determine whether or not the permit should be suspended or revoked. Not less than 15 days prior written notice shall be served on the person holding such permit and the permit holder’s agent by personal service or mailed by certified or registered mail to them at their last known business or residence address, setting out the reason for the hearing and the conditions under which the hearing will be held. The permit holder shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. All procedures in such hearings shall be recorded stenographically, mechanically or electronically or by a combination thereof and shall be transcribed at the expense of the party requesting the transcription. Subpoenas shall be issued by the director for any witness whose presence is desired at any hearing or proceeding before the director to suspend or revoke a permit, and such subpoenas may be served by any police officer or any holder of a special officer's commission issued by the board of police commissioners. Such subpoenas shall be served and return thereon shall be made in the same manner provided by law in civil suits in the circuit court of this state.

 

(b)   Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing, he shall be sworn by the director to tell the truth and nothing but the truth. The director's decision and order shall be in writing and shall include, if so requested, findings of fact and conclusions of law. No suspension or revocation ordered by the director following a hearing in accordance with this section shall become effective until ten days after the order has been issued. Appeal of the director's decision can be pursued in accordance with the provisions of section 62-203.

 


Sec. 62-203.  Judicial review of suspension and revocation of permits.

 

A permittee affected by the action of the director whereby a permit has been suspended or revoked under this Article may seek judicial review in the manner provided by law.

 

Sec. 62-204.  Informal disposition of contested cases.

 

Nothing contained in this chapter shall preclude the director from reaching an informal disposition with a permit holder or the permit holder’s agent of contested cases by stipulation, consent order, or by agreed settlement.

 

Sec. 62-205. Cease Sales List.

 

Any time a person’s permit has been suspended or revoked, the person shall be placed on a cease sales list during which time the person is prohibited from buying or selling new or used tires.

 

Sec. 62-206.  Penalty for violation of Article.

 

(a)   Any person convicted of a violation of this Article shall be punished for that violation by a fine of not less than $100.00 but not more than $500.00. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) of this section.

 

(b)   Every day that a violation continues shall be considered a separate offense, for which the violator may be assessed an additional fine.

 

(c)   Whenever the penalty is to be a fine, the fine shall be no less than the minimum amount set out in the following schedule:

 

(1)    First offense . . . $100.00

 

(2)    Subsequent offenses . . . 500.00

 

Sec. 62-207.  Authority to prescribe additional rules and regulations.

 

The director is authorized to make and promulgate reasonable and necessary rules and regulations to carry out provisions of this Article. A copy of all such rules and regulations shall be filed in the office of the director.

 

Section 2. Election called. That an election is hereby called and shall be held in Kansas City, Missouri on Tuesday, August 3, 2010, at which election there shall be submitted to the qualified electors of Kansas City, Missouri, a question hereinafter set out to authorize fees for the issuance of annual permits for the operation of tire dealers and waste tire sites with the revenues generated by such fees to be used to cover the cost of administering the regulation, inspection, and issuance of tire dealer and waste tire site permits in the amount of $250.00 per year per permit and $250.00 per year per permit for each renewal and charging a $100.00 fee for re-inspections of a tire dealer or waste tire site following a failed re-inspection that may be adjusted annually by a percentage no greater than the increase in the Consumer Price Index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics.

 

Section 3. Ballot Language. The ballot language shall be in substantially the following form:

 

QUESTION _____

 

SHALL THE FOLLOWING BE APPROVED?

 

For the purpose of reimbursing the City for expenses related to the regulation, inspection and issuance of permits for tire dealers and waste tire sites, shall the City of Kansas City, Missouri, be authorized to charge an annual fee of $250.00 for each tire dealer permit and each waste tire site permit, including renewals, and charge a fee of $100.00, that may be adjusted annually by the Consumer Price Index, for second and subsequent re-inspections of any tire dealer or waste tire site after failure of an annual or complaint inspection and the first re-inspection?

 

_________Yes ________No

 

The voter who desires to vote in favor of this proposition shall place an X in the box opposite Yes. The voter who desires to vote against this proposition shall place an X in the box opposite No.

 

Section 4. Delivery of Ordinance by City Clerk to Election Authorities. That the City Clerk shall deliver certified copies of this ordinance and notice of election to the Board of Election Commissioners of Kansas City, Missouri, Board of Election Commissioners of Clay County, Board of Election Commissioners of Platte County, and the County Clerk of Cass County, which shall be the authority of the respective election authorities of the City to submit the question to the electors of Kansas City as herein provided and to give public notice thereof as provided by law.

 

Section 5. Election Notice. That the notice of election shall read as follows:

 

______________________________________________

 

NOTICE OF ELECTION

CITY OF KANSAS CITY, MISSOURI

 

Notice is hereby given that the City of Kansas City has called an election to be held in the City on Tuesday, August 3, 2010, between the hours of 6:00 a.m. and 7:00 p.m. C.D.T., at which election all qualified voters residing within the City of Kansas City, Missouri, will be given the opportunity to vote.

 

The official ballot will be in substantially the following form:

 

_________________________________________________

 

QUESTION _____

 

SHALL THE FOLLOWING BE APPROVED?

 

For the purpose of reimbursing the City for expenses related to the regulation, inspection and issuance of permits for tire dealers and waste tire sites, shall the City of Kansas City, Missouri, be authorized to charge an annual fee of $250.00 for each tire dealer permit and each waste tire site permit, including renewals, and charge a fee of $100.00, that may be adjusted annually by the Consumer Price Index, for second and subsequent re-inspections of any tire dealer or waste tire site after failure of an annual or complaint inspection and the first re-inspection?

 

_________Yes ________No

 

(Instructions to voters will be supplied by the election authorities)

 

___________________________________________________

 

A full and complete copy of Ordinance No. 100301, As Amended, submitting the above question to the electorate is on file in the office of the City Clerk of Kansas City, Missouri, where the same is open for inspection and copying.

 

 The polling places for the election will be [insert list of polling places in last publication only.]

_____________________________________________

 

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo.

 

Given under my hand and the official seal of the City of Kansas City, Missouri, this _______ day of __________________, 2010.

 

 

 

 (SEAL) ____________________________________

Vickie Thompson

City Clerk, City of Kansas City, Missouri

 

 


Before me, a notary public, personally appeared Vickie Thompson, to me known to be the City Clerk of the City of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

(SEAL) ____________________________________

Notary Public

 

 

My Commission Expires:_____________________

 

Section 6. Emergency recognized. That this ordinance is recognized as an emergency measure within the provisions of Section 503 of the City Charter in that it calls for an election, and shall take effect in accordance with that section.

_________________________________________________

 

Approved as to form and legality:

 

 

____________________________

Kathy K. Adams

Assistant City Attorney