SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO.
Amending Chapter 16 of the Code of General Ordinances,
entitled "Garbage and Trash" by enacting therein a new Article VI,
entitled "Recycling Waste Tires", consisting of new Sections 16.85
through 16.90, providing for the recycling of waste tires and providing for an
WHEREAS, millions of waste tires are generated each
year in the United States, containing millions of tons of synthetic rubber; and
WHEREAS, a substantial number of these waste tires
are not being recycled, and it is believed that many of these tires are being
improperly disposed of in municipal solid waste landfills or otherwise
improperly discarded or stored; and
WHEREAS, waste tires may create hazardous
conditions, that could be harmful if improperly handled and disposed of causing
health risks through burning of stored or stockpiled tires; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 16 of the Code of General
Ordinances of Kansas City, Missouri, entitled "Garbage and Trash" is
hereby amended by enacting therein a new Article VI, entitled "Recycling
Waste Tires", consisting of new Sections 16.85 through 16.90, said Sections
to read as follows:
ARTICLE VI. RECYCLING WASTE TIRES
Sec. 16.85. Short Title.
This Article shall be known and may be cited as the
"Waste Tire Ordinance of Kansas City" and is intended to regulate the
disposal of waste tires within the City and to encourage the recycling of waste
Sec. 16.86. Definitions.
For the purpose of this Article the following terms
shall be deemed to have the meanings indicated below:
Director. The director of the Department of Public
Works or his designee.
Tire. Any tire that consists of a synthetic rubber
product to include manufactured products such as nylon, poly fabrics, steel, or
other such materials that are man made or otherwise produced.
Waste Tire Collection Facility. A licensed facility
which stores, collects and processes waste tires for recycling or final
Waste Tire Processor. A person licensed to process
a tire by volume reduction to create a new raw material for industry or
Waste Tire Drop-Off Facility. A secured site,
building, retail store or wholesale facility properly maintained, supervised
and licensed to accept and temporarily store waste tires for delivery to a
waste tire collection facility or waste tire hauler.
Waste Tire Hauler. Any person who, as part of their
business, is licensed to collect and/or transport waste tires to a waste tire
Sec. 16.87. Waste Tire Requirements.
No person shall knowingly process, discard or
dispose of a waste tire in a manner other than in accordance with this section.
a. A person other than a person described in
b, shall discard or otherwise dispose of waste tires
only by delivery to a drop-off facility, collection facility, waste
tire hauler, licensed processor or person who sells tires.
b. A person who sells tires shall discard or
otherwise dispose of waste tires only by delivery to
a waste tire drop-off facility, collection facility, waste tire
hauler or licensed processor.
c. No person shall deposit or allow or cause
deposited any waste tire, or any cut, chipped or
shredded portions thereof, within a Kansas City, Missouri sanitary
d. A person who violates any provision of
shall be guilty of an ordinance violation. For
purposes of this section, each instance of processing, discarding
or disposal of a tire other than in accordance with this section
shall be considered a separate violation.
Sec. 16.88. Waste Tire Collection Requirements.
a. A person who sells tires or offers tires
shall accept waste tires from individuals if offered
by them at the place where such tires are offered for sale.
b. Such a seller shall post a written notice
customers that contains information about this
section, including statements about the illegality of
improperly discarding waste tires and the requirement that sellers
must accept waste tires for disposal/recycling.
The notice shall be in such size and
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.
c. The director may inspect any establishment
to this section to determine compliance with this
ordinance. It is a violation for any person to fail to comply with
any provision of this section. Any person who fails to post the
notice required by paragraph (b) shall be guilty of an ordinance
d. Waste tires collected and stored for
disposal and recycling pursuant to the provisions of
this section shall be stored as required by law.
Sec. 16.89. Removal of Improperly Disposed of Tires.
Any person who owns, occupies or has care, custody
or control of any property where tires have been stored or disposed of in a
manner not in compliance with the law shall upon notice, remove such improperly
stored or disposed of waste tires as provided in this Article within fifteen
(15) days of said notice.
Sec. 16.90. Penalties.
Any person violating any of the provisions of this
Article, or any lawful rule of regulation promulgated pursuant thereto, upon
conviction, shall be punished by a fine not less than One Dollar ($1.00) nor
more than Five Hundred Dollars ($500.00) or by imprisonment in the Municipal
Correction Institution not to exceed six (6) months, or be punished by both
fine and imprisonment.
Each day's violation of, or failure, refusal or
neglect to comply with, any provision of this Article shall constitute a
separate and distinct offense.
Section B. This ordinance shall become effective
ninety (90) days after its adoption. ___________________________________________________________
Approved as to form and
Assistant City Attorney