[HISTORY: Adopted by Common Council of City of North Tonawanda 3-15-1988. Amendments
noted where applicable.]
It shall be unlawful for any person, partnership or corporation
to engage in the tire disposal business except in strict accordance
with the provisions of this ordinance.
As used in this ordinance, the following terms shall have the
meanings indicated:
The business of collecting or otherwise acquiring used tires
for the purpose of disposing of the same. This does not include the
business of retreading or recapping tires.
No license shall be granted hereunder until the applicant shall
have paid to the City Treasurer the fee hereinafter required and shall
have filed with the City Clerk a written application therefor containing
the following information on blanks provided by the City Clerk:
A.
The full name and residence of the applicant and, in case of a partnership,
the names and residences of each of the members and, in case of a
corporation, the full names and residences of the officers thereof.
B.
The address and a brief description of the premises where the licensed
business is to be carried on.
C.
A complete statement of the manner in which the tires will be disposed.
D.
Such information as the Common Council may, from time to time, require.
The applicant for such a license shall execute and file with
the City Clerk permission for the Police and Fire Departments and
any members thereof to inspect and search the licensed premises at
any reasonable time.
The power and authority to grant or refuse the license provided
for herein is hereby vested in the Mayor of the City of North Tonawanda,
and, in considering the same, he/she shall take into account the character
and nature of the neighborhood and surrounding property of the premises
upon which it is proposed to conduct such business, the health, safety
and general welfare of the public and the character and reputation
of the applicant in connection with the maintenance and operation
of a business of this character. All licenses issued hereunder shall
expire on the 31st day of December following the date of their issuance,
unless sooner revoked for cause or by passage of an ordinance by the
City of North Tonawanda further restricting the tire disposal business
for which such license shall have been issued.
For the purpose of providing funds for the licensing, regulation
and supervision of the tire disposal business, a license fee of $100
per calendar year or for any fractional part of such year for which
a license hereunder shall be issued is hereby fixed and established.
All licenses shall be numbered consecutively, and the City Clerk
shall furnish each license a card setting forth his name and the number
of such license. The City Clerk is hereby authorized to secure the
necessary blanks and cards, and the expense thereof shall be charged
against the general funds of the city, and all moneys derived from
the issuance of such licenses shall be credited to said general fund.
Every tire disposal business shall be enclosed by a substantial,
solid, board fence or equivalent, not less than six feet nor more
than eight feet in height, approved by the City Building Inspector
and maintained in a proper condition of repair. Articles placed within
the fence area shall be so piled not to rest against or project over
the enclosure. It shall be unlawful to affix or display or permit
to be affixed or displayed upon such enclosing fence any picture,
sign, bill, notice or other thing for the purpose of advertising.
Such fence shall be kept painted in a uniform color. Any openings
in such fence shall be fitted with gates, which shall be kept closed
when not used for ingress or egress to or from the premises.
Tires or other materials shall not be burned on the licensed
premises.
Tires shall not be stored outside of the fenced area of the
licensed premises.
No deliveries of tires are to be made to the licensed premises
unless an employee of the tire disposal business is present to accept
the tires.
The licensee shall be responsible for complying with all laws,
rules and regulations of the New York State Department of Environmental
Conservation. The licensee shall apply for and obtain any and all
permits now required or to be required in the future by the New York
State Department of Environmental Conservation.
The licensed premises shall be open at all reasonable times
for inspection by the Code Enforcement Officer of the City, and no
nuisance shall be permitted to exist on such premises.
A performance bond or fiscal equivalent in an amount to be determined
by the Code Enforcement Officer shall be submitted to the city. In
determining the amount of said surety instrument, the Code Enforcement
Officer shall consider the size of the tire disposal business and
the number of tires that can be stored at the site. The purpose of
this surety instrument is to cover the closure of the site and disposal
of any tires or tire residue left on the site.
It is the intention herein that each separate provision of this
ordinance shall be construed and deemed independent of all other provisions
herein, and it is further the intention that if any provision of this
section shall be declared to be invalid, all other provisions thereof
shall remain valid and enforceable.
Any person who shall violate any of the provisions of this ordinance
shall be punished by a fine of not less than $100 nor more than $250
and by the revocation of his license. A separate offense shall be
deemed committed on each day during or on which such violations occurs.
This ordinance shall take effect immediately.
