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(a) A person commits an offense if he transports scrap tires in a vehicle within the city without:
(1) displaying a valid scrap tire transporter decal in a visible and conspicuous location on the rear of the vehicle;
(2) being listed as a transporter or authorized driver for the vehicle in the application for the vehicle's scrap tire transporter decal that is on file with the director;
(3) maintaining for inspection at any time a current manifest as required by Section 361.112 of the Texas Health and Safety Code, as amended;
(4) the appropriate identification markings as described by Section 18-61.3; or
(5) displaying the decal owner's name, phone number, and decal number on both sides of each vehicle owned and operated by the owner and used in the transporting of scrap tires. The lettering must be permanently affixed to the vehicle, be of a contrasting color, and be at least two inches in height. The decal number must be preceded by the letters "CODL." For purposes of this paragraph, magnetic lettering is not considered permanently affixed.
(b) A person wishing to transport scrap tires in the city must apply for a scrap tire transporter decal on a form provided by the director for that purpose. A separate application must be made for each vehicle to be used to transport scrap tires. The application must be signed and verified by the applicant, be accompanied by a nonrefundable fee of $58, and contain all of the following information:
(1) The name, mailing address, county of residence, and telephone and facsimile numbers of the transporter and all authorized drivers of the vehicle.
(2) The year, make, model, vehicle identification number, and state registration number for the vehicle on which the tires will be transported, and proof that the vehicle is in compliance with state requirements for vehicle registration, vehicle inspection, and vehicle financial responsibility.
(c) A scrap tire transporter decal is not transferable from one vehicle to another.
(d) It is a defense to prosecution under Subsections (a)(1) and (a)(2) of this section that:
(1) not more than six scrap tires were being transported at the same time in the same vehicle; or
(a) A peace officer is authorized to remove or cause the removal of a vehicle when the officer arrests a person for a violation of Section 18-62 and the officer is by law required to take the person arrested immediately before a magistrate.
(b) A vehicle removed and towed under this section must be kept at a place designated by the chief of police as a city pound location until application for redemption is made by the vehicle owner or the owner’s authorized agent.
(1) the city has removed all illegal scrap tires from the impounded vehicle and stored or disposed of them in a manner prescribed by the director; and
(2) the vehicle owner or the owner’s authorized agent has paid the following fees to the city:
(A) the towing fees required by Section 15D-57 of this code for the tow of a disabled vehicle by an emergency wrecker service;
(B) the notification, impoundment, and storage fees required by Section 28-4 of this code for an impounded vehicle; and
(C) a disposal fee of $2.50 for each scrap tire removed from the impounded vehicle for disposal by the city. (Ord. 25635)
(a) A person commits an offense if he disposes of a scrap tire at any location within the city.
(b) It is a defense to prosecution under Subsection (a) that the scrap tire was disposed of:
(1) at a city landfill in compliance with city regulations governing the landfill; or
(2) at a tire recycling facility or a tire disposal facility that is registered or permitted by the state as required under Section 361.112 of the Texas Health and Safety Code, as amended, provided that the tires were delivered to the facility by a tire transporter registered by the state and the manifest for the tires was signed by the transporter and the facility accepting the tires. (Ord. 25635)
(a) The director is authorized, at a reasonable time, to inspect each tire business operating in the city for the purposes of ascertaining whether a violation of this article or any other city ordinance or state or federal law applicable to a tire business has occurred.
(b) The director shall inspect each tire business operating in the city at least once per year.
(c) When a tire business is inspected by the director and a violation of this article or any other city ordinance or state or federal law applicable to the tire business is found, the tire business will, after the expiration of any time limit for compliance given in a notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated. (Ord. 32334)
(a) An offense under this article is punishable by a fine of not less than $500 or more than $2,000.
(1) Each day that any violation continues constitutes a separate offense.
(2) Each tire transported in violation of this article constitutes a separate offense.
(b) A culpable mental state is not required for the commission of an offense under this article.
(c) If a vehicle that has previously been impounded and redeemed under this article is again impounded as the result of a subsequent violation of this article, the director is authorized to retain the vehicle as evidence in the criminal proceeding for that violation until the termination of the criminal case in municipal court. If, upon termination of the criminal case, the defendant is found not guilty of the violation, the defendant may redeem the vehicle without paying any storage fees. If the defendant is assessed a fine for the violation, the municipal court judge may, in lieu of requiring payment of the fine assessed and any costs, declare the vehicle is a criminal instrument, declare the vehicle is forfeited to the city, and order the sale of the impounded vehicle, with the proceeds of the sale to be used to satisfy any outstanding municipal court judgment. Any amount obtained in the sale of the vehicle that is in excess of the amount of the fine assessed and any costs will be returned to the defendant. (Ord. Nos. 25635; 32334)