Loading...
In this article:
(1) CITY means the city of Dallas, Texas.
(2) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, and includes the director's authorized representatives.
(3) MANIFEST means a tracking mechanism to monitor the transfer of tires from the point of generation to their end-use or final destination, such as a tire storage site, scrap tire facility, permitted landfill, or land reclamation project using tires. The manifest is a five-part form whose format and content is prescribed by the Texas Commission on Environmental Quality.
(4) MOBILE TIRE REPAIR BUSINESS means a business that repairs tires at any temporary location, including but not limited to a roadway, alley, parking lot, or residence. The term does not include a business that only changes out or replaces tires, but does not make any repairs to a tire.
(5) MOBILE TIRE REPAIR UNIT means any vehicle used in a mobile tire repair business.
(6) SCRAP TIRE means a whole tire or any portion of a tire that:
(A) can no longer be used for its original intended purpose; or
(B) is being held, transported, or processed for disposal or recycling.
(7) SCRAP TIRE GENERATOR means a fleet operator, an automotive dismantler, or a retailer, wholesaler, manufacturer, recapper, or retreader of new or used tires.
(8) SCRAP TIRE TRANSPORTER means any business or person who transports more than six scrap tires at any one time or is loading or unloading scrap tires to or from any location within the city.
(9) TIRE BUSINESS means any business or establishment where used tires are collected, repaired, processed, recycled, scrapped, sold, bought, or stored, including but not limited to a mobile tire repair business and a salvage yard.
(10) TIRE RECYCLING FACILITY means a state-registered facility that processes, recycles, or conducts energy recovery with scrap tires.
(11) VEHICLE means any motorized vehicle and any non-motorized trailer that is or may be attached to a motorized vehicle. If a trailer is attached to a motorized vehicle, both the trailer and the motorized vehicle will be considered as one vehicle. (Ord. Nos. 25635; 32334)
(a) A person commits an offense if, within the city, he:
(1) owns or operates a tire business without a valid tire business license issued under this article; or
(2) owns, operates, or permits the operation of a mobile tire repair unit without displaying a valid mobile tire repair unit permit in a visible and conspicuous location on the unit.
(b) To obtain a tire business license, a person must submit an application on a form provided for that purpose to the director. The applicant must be the person who will own, control, or operate the tire business. The application must be signed and verified by the applicant and contain all of the following information:
(1) The name, residential mailing address, county of residence, email address, and telephone and facsimile numbers of each owner and operator of the tire business.
(2) The physical address, email address, and telephone number of the tire business.
(3) The approximate number of tires that will be stored on site at the tire business.
(4) If the tire business is located in the city of Dallas, the zoning district or districts where the business is located.
(5) The tax identification number or taxpayer identification number of each owner and operator listed in the license application.
(6) A statement that the tire business is in compliance with the requirements of Section 19-34.1 of this code.
(7) The number and description of vehicles the applicant proposes to use as mobile tire repair units, including the year, make, model, color, vehicle identification number, and state license registration number for each vehicle, and proof that each vehicle is in compliance with state requirements for vehicle registration, vehicle inspection, and vehicle financial responsibility.
(8) The registration or license number of any Texas Commission on Environmental Quality registration or license, if applicable.
(c) A separate tire business license is required for each separate establishment operated as a tire business. A separate mobile tire repair unit permit is required for each separate vehicle operated as a mobile tire repair unit. Licenses and permits are not transferable between persons, businesses, or vehicles. (Ord. Nos. 25635; 32334)
(a) The annual fee for a tire business license is $163.
(b) The annual fee for each mobile tire repair unit permit is $163.
(c) The fee for issuing a duplicate tire business license or mobile tire repair unit permit for one that is lost, stolen, or mutilated is $39.
(a) The director shall issue a tire business license to the applicant, unless the director determines that the applicant:
(1) failed to completely fill out an application;
(2) provided false information on an application;
(3) failed to pay a license or permit fee required under this article;
(4) has had a tire business license revoked within the preceding 12 months; or
(5) has failed to complete the training required by Section 18-61.1.
(b) Upon issuance of a license to an applicant, the director shall issue a permit to each vehicle to be operated by the applicant as a mobile tire repair unit.
(c) If the director determines that an applicant should be denied a tire business license, the director shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal. The director shall provide the notice within 10 business days of making the determination.
(d) A license or permit issued under this section must be displayed in a manner and location approved by the director. A license and permit must be presented upon request to the director or to a peace officer for examination.
(e) A tire business shall keep a state approved manifest of all tires received and transported out of its facility. A notarized audit of all tire transactions must be made available upon the request of the director, chief of police, city marshal, or city attorney. A tire business shall maintain manifest records for three years at the physical address designated on its license.
(f) A tire business, mobile tire repair unit, or scrap tire transporter commits an offense if it allows any tire to be transported upon any public street other than by an approved and registered permit holder. Each tire business, mobile tire repair unit, and scrap tire transporter shall maintain daily records of the numbers of tires generated at each premise under its control. (Ord. Nos. 25635; 32334)
(a) The director shall revoke a tire business license if the licensee:
(1) refuses to allow any agent of the city entry into and inspection of the tire business or a mobile tire repair unit;
(2) is convicted twice within a 24-month period of any city ordinance or state or federal law regulating solid waste, litter, dumping, pollution, standing water, insect or rodent infestation, junk or salvage yards, junk motor vehicles, tires, or similar health, sanitation, or environmental concerns;
(3) violates any provision of this article or Section 19-34.1 of this code; or
(4) does not complete the training required by Section 18-61.1.
(b) Any person whose license or permit has been revoked shall return the license or permit to the director, along with any identification stickers or decals issued to the licensee within 10 business days of revocation. (Ord. Nos. 25635; 32334)
If the director denies issuance of a license or a license renewal or revokes a license issued pursuant to this article, this action is final unless the applicant or licensee shall, within 30 days after the receipt of written notice of the director’s action, file with the city manager a written appeal. The city manager shall, within 10 days after the appeal is filed, consider all the evidence in support of and against the action appealed and render a decision either sustaining or reversing the action. The decision of the city manager is final. (Ord. 25635)
(a) A tire business license expires one year from the date of issuance and may be renewed by making application in accordance with Section 18-56. A licensee shall apply for renewal at least 30 days before the expiration of the license.
(b) Any permit to operate a mobile tire repair unit that is granted under this article expires upon expiration, revocation, suspension, or nonrenewal of the accompanying tire business license. (Ord. 25635)
(a) The licensee and each of the licensee's authorized agents at each tire business location and mobile tire repair unit shall complete a two-hour training course delivered by the director prior to initial registration and annually thereafter prior to renewal.
(b) The licensee shall notify the director within 15 days of the separation of any authorized agent or the termination of the agency relationship.
(c) All new authorized agents shall complete the required training within 30 days of the establishment of the agency relationship. If the training is not completed within 30 days, the tire business license is subject to revocation pursuant to Section 18-59.
(d) For purposes of this section, an authorized agent is manager, supervisor, or person in control of a tire business or mobile tire repair unit. (Ord. 32334)
Loading...