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