§ 91.26  SALE OF TIRES; FEES; ACCEPTANCE OF WASTE TIRES.
   (A)   Beginning July 1, 1996 or upon repeal of Idaho Code § 39-6502, whichever last occurs, a tire dealer shall collect a fee for each new tire sold in the county. The fee shall initially be $2, but shall be fixed from time to time by resolution of the County Board of County Commissioners.
   (B)   The fee imposed in this section shall be paid to the County Clerk for deposit on a quarterly basis in the county waste tire account.
   (C)   A tire dealer shall accept waste tires from the dealer’s customers at the point of transfer pursuant to this section. A dealer shall accept up to the number of tires sold at that point of transfer annually. A dealer may accept additional tires, but shall be required to pay the county the fees established in division (A) above for each such additional tire. The dealer shall accept tires from a customer if the customer presents a receipt within 30 days of the date of purchase. The place used by a dealer for storage is hereby designated a waste tire collection site; such place shall comply with all requirements hereof.
   (D)   A dealer who is subject to the provisions of division (C) above shall post a written notice which is clearly visible in the public sales area of the establishment and which contains the following language:
“It is unlawful to throw away a motor vehicle tire. Recycle all used tires. This retailer is required to accept scrap tires if any new or retreaded tires are purchased here. When any tire is purchased, an additional fee will be charged”.
   (E)   The provisions of this section do not apply to a person whose retail sales or motor vehicle tires are not in the ordinary course of business.
   (F)   The provisions of this section do not apply to dealers who sell tires on a wholesale basis to other dealers who then resell the tires to consumers. The provisions of this section do not apply to manufacturers of motor vehicles who sell such motor vehicles on a wholesale basis to other dealers who then resell said vehicles to consumers. The provisions of this section do not apply to dealers who sell tires to consumers who reside outside of the state, and who will never use the tires or the vehicles upon which the tires are attached in the state, which fact the buyer must clearly state upon the dealer’s sales invoice and separately sign the same, whereupon said buyer shall be prohibited from then using such tires anywhere in the state.
(Ord. 1996-2, passed 2-12-1996; Ord. 1996-4, passed 6-10-1996)