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:
Dump
means to throw, discard, place, deposit, discharge, bury, or dispose of.
Manifest
means a form or document used for identifying the quantity and the origin, routing, and destination of tires during transportation from the point of generation, through any intermediate points, to an end user, processor or disposer.
Mobile tire repair road service unit
means and includes any motorized vehicle occupied, used or maintained for the purpose of providing tire repair road services that include selling, offering or exposing for sale, keeping with the intention to sell, generating, repairing, processing, storing, utilizing and disposing of any and all types of tires.
Planning director
means the person designated as being the director of planning and development of the City of Harlingen or his authorized representatives who are empowered to enforce the provisions of this article.
Scrap/used/waste tire
means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect. The term "scrap/used/waste tire" also includes any tire that is destined for a tire disposer or re-processor (i.e., re-capper).
Tire
means a continuous solid or pneumatic rubber covering encircling the wheel of a bicycle, motorcycle, automobile, truck, trailer, tractor or other vehicle.
Tire recycling facility
means any facility, mandated and licensed, which recycles or properly disposes tires.
Waste tire disposer
means any person who is approved to receive waste tires from waste tire generators or waste tire haulers for the purpose of waste tire processing, shredding or otherwise facilitating recycling or resource recovery techniques for waste tires.
Waste tire generator
means any person that generates waste tires. Generators may include, but are not limited to, retail tire dealers, retreaders, tire shops, waste tire disposers not approved by the federal or state, automotive dealers, maintenance shops, garages, service stations, and any tire business.
Waste tire hauler
means any person engaged in the business of picking up or transporting waste tires for the purpose of removal to a tire recycling facility, waste tire disposer, processor, end user, or disposal facility.
(Code 1997, § 123.02; Ordinance 11-60, § 1, adopted 12/27/2011)
Any tire business or tire hauler violating or failing to comply with any provision of this article shall be guilty of a misdemeanor, subject to the following:
(1) 
The improper storage of one or more tires shall constitute a separate offense per tire and be punishable by a minimum fine of $50.00 for each improperly stored tire on the location of the tire business. Each day of continued violation of this subsection constitutes a separate offense.
(2) 
The transport of one or more tires without the required permit and decal shall constitute a separate offense per tire and be punishable by a minimum fine of $50.00 for each tire being transported in violation of this article. Each day of continued violation of this subsection constitutes a separate offense.
(3) 
The improper dumping of a tire shall constitute a separate offense per tire and be punishable by a minimum fine of $100.00 for each tire found improperly dumped that is related back to a specific tire business. Each day of continued violation of this subsection constitutes a separate offense.
(4) 
A violator shall also be subject to the maximum penalties allowed by law for failing to appear in court when charged with an offense as described herein. If conduct constituting an offense under this article also constitutes an offense under another law, the person may be prosecuted under all applicable laws.
(Code 1997, § 123.12; Ordinance 11-60, § 1, adopted 12/27/2011)
It is declared to be the purpose and intent of the city to protect the public planning, safety, and welfare of its citizens, prevent the spread of disease and creation of nuisances, and to protect and enhance the quality of its environment. The purpose of this article is to institute and maintain a comprehensive citywide program for tire disposal which will ensure that the storage, transportation, collection, processing and disposal of tires does not adversely affect the planning, safety, and well-being of the public and does not degrade the quality of the environment.
(a) 
Administration and enforcement of this article shall be the responsibility of the department of planning and development and police department. The city, by and through its authorized representatives, is hereby authorized to enter any property regulated by this article at reasonable or necessary times in order to properly inspect for violations.
(b) 
The department of planning and development is hereby authorized to promulgate all such rules and regulations considered necessary and proper to effectuate the implementation and enforcement of this article.
(c) 
The police department is hereby authorized to stop and investigate any and all trucks, trailers or persons engaged in scrap tire selling, hauling, moving, transporting, or delivering and subject to the regulation requirements of this article in order to verify compliance with this article.
(d) 
Should a violation or attempted violation of this article occur, the city attorney and other city personnel may take any action to enforce this article to prevent and summarily abate the action, remove or seize any goods and other objects used to violate this article. These actions may also include, but not be limited to, allowing for municipal resources and personnel to abate any premises or property, closure, remove any person or thing, court action, suspend, cancel, or void any license or permit issued by the city, and any and all other relief as may be necessary.
(Code 1997, § 123.11; Ordinance 11-60, § 1, adopted 12/27/2011)
Property owners or persons in control of property within the City of Harlingen's city limit and its extraterritorial jurisdiction shall not cause or let cause, suffer the accumulation of scrap, waste tires within their private property or rights-of-way. The City of Harlingen will not pick up used or waste tires from private property or rights-of-way.
(1) 
Accumulation.
No residential zoned property will be allowed to store more than five scrap, waste tires on or around property which they own or occupy. In case of a tire dump, the property owner, contractor, developer, builder or other person responsible for the property shall cause the property to be cleaned and to come into full compliance with this article. The City of Harlingen shall not be responsible for any cost of cleanup or remediation.
(2) 
Right-of-way.
Scrap, used tires are not to be placed on street rights-of-way. Residential properties that cause or let cause the accumulation of used tires on a street right-of-way shall be solely responsible for the pick-up and delivery of such used tires to a tire recycling facility at their own cost.
(3) 
Enforcement.
The city department of planning and development and police department shall be responsible for enforcement of this section.
(4) 
Disposal of tires.
Each tire delivered to the sanitary transfer station by automobile shall pay the following sums per tire as established in the city fee schedule in chapter 18: 13 inch and 14 inch, 15 inch and 16 inch and truck tires 20 inch and 22 inch, or as determined by the Harlingen City Code, as amended.
(5) 
Violation and penalties.
Any resident violating or failing to comply with any provision of this section shall be guilty of a misdemeanor. The expenses incurred by the City of Harlingen for cleanup, enforcement of violations and penalties shall be chargeable to the violator, including, but not limited to, court costs, filing fees, special investigations, mutual aid assistance from other agencies and other costs necessary for the reasonable enforcement of this article. Remedies will be as follows:
a. 
In the event that any person violates any provision of this section, the city or other appropriate authority may, in addition to other remedies, institute an action for injunction, cleanup or stop work orders, mandamus, irreversible damage fines, lien on property or other appropriate action or proceeding to prevent such unlawful acts or to correct or abate any such violation. In addition, the city may immediately revoke or suspend any and all business issued permits until such time that compliance is met, or until the ruling of a court of competent jurisdiction is obtained, at which time respective permits may be reissued;
b. 
Upon finding evidence of violation, a notice of violation may be issued at the discretion of the enforcing officer in lieu of a citation. In the absence of corrective action or in the event that a second violation occurs, the evidence constituting the notice of violation may be submitted as evidence for consideration as a first offense before a court with competent jurisdiction; and
c. 
If a person is found guilty of a violation of the provisions of this section, the court and/or the city may cause written notice to be given, or incorporate into the court order to the violator instructing that person to properly address any provision still remaining in violation of this section for which said violator is convicted.
(Code 1997, § 123.03; Ordinance 11-60, § 1, adopted 12/27/2011)
All tire businesses located within the city limits and its extraterritorial jurisdiction engaging in the resale of tires or the generation of waste tires shall be issued a permit annually by the city for a nonrefundable fee as established in the city fee schedule in chapter 18. A tire business with multiple locations shall purchase a permit for each business location. Tire businesses that have their own trucks utilized to transport waste tires will receive one decal included with the permit fee to be used on one truck. A separate decal must be purchased by such business for any additional truck utilized by the tire business to transport waste tires at a cost as established in the city fee schedule in chapter 18 per decal. If such business has a mobile tire repair road service unit the permit/decal will be as established in the city fee schedule in chapter 18 for each unit in service. The city manager's designated representation will conduct random inspections of such tire business for the sake of monitoring compliance with the foregoing requirement.
(1) 
Application.
Every person, firm or corporation obligated to comply with the permit requirement set forth herein shall make written application to the city. The application shall be made on a form obtained from the department of planning and development, setting forth, among other things, the following:
a. 
Name, physical address, telephone and facsimile number (if applicable) of the applicant;
b. 
Tax identification number or taxpayer identification number;
c. 
Proof of current county business license, issued to the applicant at the proposed business address;
d. 
Special use permit issued by the department of planning and development, if applicable;
e. 
Name, mailing address, telephone and facsimile number of the owner of the tire business (if different from subsection (1)a of this section);
f. 
Estimated number of tires that will be stored on site;
g. 
The current physical address of the site;
h. 
A statement setting forth and describing the available space for properly accommodating and protecting all tires with a site plan showing the storage area and buildings;
i. 
Proof of insurance required as by state law; and
j. 
Such other and further information as the city manager's designated representative may require.
(2) 
Annual fees.
a. 
All permit and decal fees are due annually by October 1 of each calendar year. These annual fees shall be paid in advance of the issuance of such permit and decal.
b. 
A current valid permit or decal may be replaced by the city for a fee as established in the city fee schedule in chapter 18.
(3) 
Issuance.
The city shall issue a permit and decal to a tire business which submits the required and completed application, pays to the city the fee as required in this section, and has demonstrated compliance with all applicable city ordinances. Each tire business registered in accordance with the provisions of this section shall immediately post such permit and decal in a prominent manner, or cause such permit to be posted in conspicuous place within the premises where such tire business in thereby authorized to be established, maintained or operated. The decal shall be conspicuously displayed on each vehicle owned by such tire business that is utilized to transport used or waste tires. Any permit or decal issued hereunder shall not be sold, assigned, mortgaged or otherwise transferred; by doing so, the permit and decal shall be revoked and will be considered null and void and the person or company will not be allowed to apply for re-issue of a permit until after a term of one year from the date of citation. The permit and decal shall expire upon termination of the existence of the tire business or revocation of such business' permit.
(4) 
Effective period.
The permit shall be effective beginning on October 1 until the next ensuing September 13, on and after which date it shall be null and void.
(Code 1997, § 123.04; Ordinance 11-60, § 1, adopted 12/27/2011)
All tire haulers, not affiliated with a tire business that is properly permitted as required herein, transporting used or waste tires within the city limits shall be issued a permit and decal annually by the city for a nonrefundable fee as established in the city fee schedule in chapter 18. Tire haulers with multiple locations shall purchase a permit for each business location. Tire haulers will receive one decal included with the permit fee. A separate decal must be purchased by such hauler for any additional vehicles utilized by the hauler to transport waste tires at a cost as established in the city fee schedule in chapter 18 per decal/vehicle.
(1) 
Application.
Every person, firm or corporation obligated to comply with the permit and decal requirements set forth herein shall make written application to the city. The application shall be made on a form obtained from the city, setting forth, among other things, the following:
a. 
Name, physical address, telephone and facsimile number for the applicant;
b. 
Tax identification number or taxpayer identification number (if applicable);
c. 
Proof of current state, county, and city license;
d. 
Proof of insurance required in accordance with the State of Texas' Financial Responsibility Laws; and
e. 
Such other and further information as the city may require.
(2) 
Annual fees.
All permit and decal fees are due annually by October 1 of each calendar year at the city. These annual fees shall be paid in advance of the issuance of such permit. A current valid permit or decal may be replaced by the city for a fee as established in the city fee schedule in chapter 18.
(3) 
Issuance.
The city shall issue a permit and decal to a tire hauler who submits the required and completed application, pays to the city the fee as required in this article, and has demonstrated compliance with all applicable city ordinances. Each waste tire hauler registered in accordance with the provisions of this article shall conspicuously post and maintain such decal in his vehicle which is used for transporting tires, at all times. Any permit or decal issued hereunder shall not be sold, assigned, mortgaged or otherwise transferred; by doing so, the permit and decal shall be revoked and will be considered null and void and the person or company will not be allowed to apply for re-issue of permit till after a term of one year from date of citation. The permit or decal issued shall expire upon termination of the tire hauler's business or revocation of such hauler's permit.
(4) 
Effective period.
The permit shall be effective beginning on October 1 until the next ensuing September 13 on and after which date it shall be null and void.
(5) 
Permit exemptions.
The following entities are exempt from the tire hauler permit requirements:
a. 
A tire hauler who is regulated or licensed by, and is currently in compliance with, state or federal agencies; or
b. 
A private entity transporting the individual's own waste tires to an approved disposal or tire recycling facility.
(Code 1997, § 123.05; Ordinance 11-60, § 1, adopted 12/27/2011)
In addition to the penalties set forth in section 38-159, the city may refuse to issue or renew a tire business or tire hauler permit or may suspend or revoke such permit or decal if:
(1) 
The applicant or permit holder refuses to allow entry into the tire business by the authorized representatives of the city or otherwise obstructs the inspection of the tire business;
(2) 
There are repeated violations or a serious violation occurs of any city ordinance by the tire business or tire hauler;
(3) 
The tire business or tire hauler fails to comply with any provisions of this article and/or any other applicable city ordinance;
(4) 
The tire business or tire hauler fails to comply with any applicable state or federal law, rule or regulation; or
(5) 
The tire business authorizes a tire hauler who is not properly permitted as required in section 38-162 to transport tires on behalf of such business.
(Code 1997, § 123.06; Ordinance 11-60, § 1, adopted 12/27/2011)
Any tire that is no longer suitable for its original intended purpose or deemed unfit for resale by a tire business shall be rendered unusable and shall be properly disposed of at an authorized tire disposal or recycling facility. Each tire business shall have six months from the effective date of the ordinance from which this article is derived to comply with this provision. Failure to comply with this requirement shall be grounds for revocation of the permit holder's permit in accordance with section 38-163.
(Code 1997, § 123.07; Ordinance 11-60, § 1, adopted 12/27/2011)
Tire businesses shall properly store tires at each facility in accordance with local, state and federal law. To eliminate potential nuisances of litter, insect breeding, fire hazards and other planning and safety risks, each tire business, shall at all times during storage:
(1) 
Store tires in covered or enclosed areas, or under an impermeable cover, in accordance with applicable planning and safety laws, included, but not limited to, the city's current fire code or property maintenance code, to prevent the accumulation of water;
(2) 
Secure tires at each facility to prevent easy access or theft; lock, chain or store inside a building or other securable structure;
(3) 
Accumulate tires in piles in accordance with the city's current fire code;
(4) 
Isolate tires from other stored materials that may create hazardous products if there is a fire, including, but not limited to, paints, fuels, electricity, lead acid batteries, fuel tanks, solvent barrels, and pesticide containers and such; and
(5) 
Store no more than ten tires per 250 square feet outside storage.
(Code 1997, § 123.08; Ordinance 11-60, § 1, adopted 12/27/2011)
(a) 
It shall be unlawful for any person or tire business to cause, suffer or allow the dumping of tires at any place in the city, including, without limitation, in or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, any public or private property in the city or any waters in the state as defined by the State of Texas.
(b) 
It shall be unlawful for any person in a residential zone to accumulate more than five scrap tires on or around property which they own or occupy.
(c) 
A retail tire dealer may hold up to 250 scrap tires in storage.
(d) 
It shall be unlawful for any person or tire business to cause, suffer, or allow the disposal of whole tires in a landfill.
(e) 
Tires shall be properly disposed of in accordance with this article by the delivery and manifesting of tires to an authorized tire disposal or tire recycling facility designated by the city. Tire businesses contracting with a tire hauler for the proper disposal of tires generated by such business shall require such hauler utilize a transmittal manifest documenting the pick-up and delivery of the tires to an authorized tire disposal or tire recycling facility.
(Code 1997, § 123.09; Ordinance 11-60, § 1, adopted 12/27/2011)
(a) 
Tire businesses shall keep disposal records in the form of a transmittal manifest, as prescribed by the city, at each business location for a minimum of three years and make such records readily available upon request at reasonable hours for inspection by representatives of the city. The manifest must be maintained and signed off in triplicate and clearly state the following information:
(1) 
Name, address, telephone number, permit number and authorized signature for the tire hauler;
(2) 
Name, address, telephone number, and authorized signature of the tire business who is contracting for the removal of the tires along with the permit number for such business;
(3) 
Date of removal/transport and the number of tires being transported;
(4) 
Name, address, and telephone number of the location where the tires are to be delivered; and
(5) 
Upon delivery, the name and signature of the person accepting the tires, including the date of acceptance.
(b) 
The manifest required by this section shall at all times accompany tires while in transit. Any tire business directly delivering waste or used tires generated at its business location to a tire disposal or tire recycling facility shall also utilize the transmittal manifest and make such manifest available for production or inspection by representatives of the city, upon request. The original manifest shall be maintained by the tire business evidencing all information and signatures required herein, notwithstanding the use of a tire hauler or direct delivery by the tire business. A tire hauler contracted to deliver tires to a recycling facility or disposal facility shall maintain a duplicate copy of the manifest reflecting the delivery of such tires for proper disposal. The tire recycling or tire disposal facility shall sign the manifest upon acceptance of the tires and also maintain a copy of the manifest for the facility's records.
(Code 1997, § 123.10; Ordinance 11-60, § 1, adopted 12/27/2011)