Number
001799
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to the regulation of tire transporters and generators.
Sections
60-84 rc
84-48-1-c rc
84-48-1-g rc
84-48-1-h rc
84-48-2-b-1 am
84-48-2-b-3 cr
84-48-3-a-1 rc
84-48-5-a am
84-48-5-b am
84-48-5-c am
84-48-5-d am
84-48-5-e am
84-48-5-f am
84-48-5-h am
84-48-5-i cr
84-48-6 am
84-48-9 rc
Analysis
This ordinance makes a number of substantive and administrative changes to the regulations governing waste tire generators and transporters.
It provides:
1. Fleet owners, but not those that have their vehicles serviced at an outside vendor's facility, are explicitly included in the definition of "waste tire generator".
2. Waste tire haulers servicing waste tire generators must obtain a waste tire transporter license.
3. The number of reports required of waste tire transporters is
reduced from 4 to 2 per year.
4. Waste tires may be marked not only by electric branding but
any permanent method approved by the commissioner of neighborhood services.
5. All persons licensed by this section must store and secure all tires to prevent theft, litter, rat harborage, fly breeding and fire hazard.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-84 of the code is repealed and recreated to read:
60-84. Tire Transporters and Generators.
1. Each waste tire generator or transporter license shall be issued for a one-year period beginning April 1 and expiring the following March 31. From April 1, 2002 until September 30, 2003, each waste tire generator or transporter license shall expire September 30, 2003. Each waste tire generator or transporter license issued after September 30, 2003 shall be issued for a one-year period beginning October 1 and expiring the following September 30.
2. The following fees apply to waste tire transporter and generator licenses:
a. For a waste tire transporter license: $100 for the first vehicle and $25 for each additional vehicle.
b. For each waste tire generator license: $125.
c. The following fees shall apply only to waste tire generator or transporter licenses issued from April 1, 2002 to September 30, 2003:
c-1. For a waste tire transporter license: $150 for the first vehicle and $37.50 for each additional vehicle.
c-2. For each waste tire generator license: $187.50.
d. No fee shall be charged to city departments or the vehicles of those departments.
Part 2. Section 84-48-1-c of the code is repealed and recreated to read:
c. "Person" means any individual, firm, partnership, trustee, agent, association, corporation, company, governmental agency, club or organization of any kind.
Part 3. Section 84-48-1-g to h of the code is repealed and recreated to read:
g. "Waste tire generator" means any person who, in the course of normal business activities, generates or removes 25 or more waste tires per calendar year. This term includes, but is not limited to, the following:
g-1. Any person engaged in the sale and mounting of new, used or remanufactured automobile, truck and equipment tires who receives waste tires in the exchange process associated therewith.
g-2. Any person who requires or allows customers to take waste tires.
g-3. Fleet owners.
h. "Waste tire transporter" means any person who does any of the following:
h-1. Engages in the business of transporting waste tires on a public way.
h-2. At any one time transports more than 5 waste tires on a public
way.
h-3. Transports waste tires for a waste tire generator, irrespective of the number of tires being transported.
Part 4. Section 84-48-2-b-1 of the code is amended to read:
2. LICENSE REQUIRED.
b-1. Vehicles containing 5 or fewer waste tires >>unless the transporter is hauling waste tires for a waste tire generator<<.
Part 5. Section 84-48-2-b-3 of the code is created to read:
b-3. Fleet owners that take their vehicles to an outside tire vendor's facility for service. In such situations, the tire vendor shall be considered the waste tire generator.
Part 6. Section 84-48-3-a-1 of the code is repealed and recreated to read:
3. APPLICATION.
a-1. The name, address, telephone number and date of birth of the applicant. In the case of a corporation, the name, address, date and state of incorporation, state identification number and the name of the registered agent.
Part 7. Section 84-48-5-a to f of the code is amended to read:
5. REGULATIONS.
a. No person may store or permit the storage of more than [[5]] >>24<< waste tires upon any premises within the city unless the premises is a [[tire disposer or]] licensed waste tire generator.
b. No person >>who is not transporting tires for a waste tire generator<< may transport or cause or permit to be transferred upon any public way more than 5 waste tires unless that person is a licensed waste tire transporter. >>No person transporting tires for a waste tire generator may transport or cause or permit to be transferred upon any public way any number of waste tires unless that person is a licensed waste tire transporter.<< The licensee shall at all times use only those vehicles designated in the license and insure that each vehicle bears the tag, sticker, plate or decal issued for that vehicle.
c. Each waste tire generator shall maintain for 3 years all records and receipts relating to the number and destination of all >>waste<< tires handled by the business. The record for each consignment shall include the number of waste tires generated, name of the waste tire transporter>>, the date of pickup<< and the transporter's license number.
d. Each waste tire transporter shall maintain for 3 years all records and receipts relating to the source and destination of all >>waste<< tires handled by the business. The record for each consignment shall include the date of pickup, the number of waste tires, name and address of the waste tire generator, and the name, address, and date of delivery of the >>waste<< tires to the waste tire disposer or reprocessor.
e. Each waste tire transporter shall submit to the department a [[quarterly]] >>semi-annual<< report of waste tire collections. The department shall determine what information is required in such reports and shall specify the date by which each [[quarterly]] >>semi-annual<< report shall be submitted.
f. Each waste tire located at a license waste tire generator business shall be permanently [[branded]] >>marked<< with "WTG" and the >>waste<< tire license number. >>This marking shall be done in a manner approved by the commissioner.<< Each tire shall be marked before it leaves the business premises, and all tires shall be marked not later than 5 working days after they are received at the business. The waste tire generator licensee is responsible for compliance with this requirement.
Part 8. Section 84-48-5-h of the code is amended to read:
h. All [[waste]] tires shall be stored and secured in a manner approved by the commissioner to eliminate theft and potential nuisances of litter as described in ss. 79-11 and 79-12, rat harborage as described in s. 80-48, fly breeding as described in s.
80-31 and fire hazard as described in s. 214-9.
Part 9. Section 84-48-5-i of the code is created to read:
i. Waste tire generators and transporters shall prominently display their licenses at their place of business.
Part 10. Section 84-48-6 of the code is amended to read:
6. CHANGES TO BE REPORTED. Each licensee shall advise the commissioner in writing within 30 days of any change regarding the licensee's operations as reflected in the application. [[Tags, stickers, plates, decals or licenses for vehicles which have been revoked, suspended or discontinued shall be returned to the commissioner.]]
Part 11. Section 84-48-9 of the code is repealed and recreated to read:
9. PENALTY. a. Any person who violates any provision of this section or who fails to comply with an order of the commissioner as issued under this section or otherwise issued concerning operation as a waste tire generator or waste tire transporter shall, upon conviction, be liable to a Class J penalty as provided in s. 61-16.
b. Citations may be issued for any violations of this section, with or without prior notice. The stipulation, forfeiture and court procedure set forth in s. 50-25 shall apply.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Neighborhood Services
Drafter
01048-1
jro
03/29/01