ORDINANCE NO. BL2009-546
An ordinance amending Title 10 of the Metropolitan Code pertaining to the storage and disposal of scrap tires.
WHEREAS, the dumping of used and/or scrap tires is becoming an ever-increasing problem within the area of the Metropolitan Government; and
WHEREAS, the dumping or outdoor accumulation of used tires is both a health hazard and a cause of blight in our communities; and
WHEREAS, Sections 2.01 and 3.06 of the Metropolitan Chapter authorize the Council to enact ordinances to prevent or abate nuisances, to regulate the collection of refuse, and other ordinances necessary for the health, convenience, safety and general welfare of the inhabitants of Nashville and Davidson County; and
WHEREAS, in furtherance of its responsibility to protect the public health, safety, and welfare of its citizens and to protect and enhance the quality of its environment, the Metropolitan Council deems it necessary to enact additional regulations pertaining to the storage and disposal of scrap tires.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 10 the Metropolitan Code is hereby amended by adding the following new Chapter 10.30:
CHAPTER 10.30 SCRAP TIRES
“Dump” means to throw, discard, place, deposit, discharge, bury, burn, or dispose of a substance.
“Person” means any individual, partnership, firm, company, corporation, association, joint stock company, or any other legal entity, or their legal representatives, agents or assigns.
“Retail tire dealer” means a person actively engaged in the business of selling new and/or used replacement tires.
“Scrap tire” means an unshredded tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
“Scrap tire generator” means any person who generates scrap tires. Generators may include, but are not limited to, retail tire dealers, retreaders, scrap tire processors, automobile dealers, private company vehicle maintenance shops, garages, and service stations.
10.30.020 Scrap tire management – General.
A. The owner or occupant of any premises shall be responsible for the sanitary handling and disposal of all scrap tires on the premises used or occupied by such person.
B. It shall be unlawful to cause or allow the dumping of scrap tires at any place within the area of the Metropolitan Government including, but not limited to:
1. In or on any public highway, road, street, alley, thoroughfare, or right-of-way including any portion of the right of way thereof;
2. On any public or private property within the area of the Metropolitan Government except at duly authorized waste convenience centers operated by the Metropolitan Department of Public Works that accept tires.
C. This ordinance shall not prohibit the disposal of shredded tires within the area of the Metropolitan Government in a manner consistent with Tennessee Code Annotated Section 68-211-867.
A. It shall be unlawful for any person in a residential zoning district to accumulate more than five (5) scrap tires on or around property, which they own or occupy.
B. A retail tire dealer may hold up to 100 scrap tires per garage bay in storage, up to a maximum of 500 scrap tires.
C. Scrap tires must be stored in covered or enclosed areas, or under an impermeable cover to prevent the accumulation of water.
Retail tire dealers shall keep records regarding the disposal of scrap tires generated at each of the retail tire dealer’s business locations. This report shall include the name, address, telephone number and certificated motor carrier identification number of the waste tire transporter and the number of whole waste tires transported from the retail tire dealers business location(s) by the waste tire transporter(s). These records must be kept on site at each business location and made available for inspection by the Metropolitan Department of Public Works, the Metropolitan Nashville Police Department, the Department of Codes Administration and/or the Department of Health within five (5) days upon request. All records shall be retained for a period of not less than three (3) years.
A. The Metropolitan Department of Public Works, the Metropolitan Nashville Police Department, the Department of Codes Administration and/or the Department of Health shall have the authority and responsibility for enforcing the provisions of this chapter.
B. Any agent of any of the departments authorized to enforce this chapter shall be empowered to enter any property, upon reasonable cause, at reasonable or necessary times in order to properly inspect for violations of this chapter, subject to the condition that to allow entry onto private property for inspection, the alleged violation of this ordinance must be visible from a public road or right of way, or by a court order.
C. It is unlawful for any person, whether owner, occupant, or party in control of the building, structure, or premises, to refuse the entry of an enforcement agent or to interfere with the lawful enforcement of this chapter.
D. In the event any enforcement agent determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, a notice of violation shall be provided to the owner, occupant, or person or entity in control of the building, structure, or premises where the violation or alleged violation exists. Said notice of violation shall:
1. Be in writing;
2. Include a description of the building, structure or premises sufficient for identification;
3. Include a statement of the violation(s);
4. Include an order to correct allowing a reasonable time to bring the premises into compliance with this chapter;
5. Be personally delivered by the director or sent by certified or first-class mail addressed to the last known address; and
6. If notice sent by certified or first class mail is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the building, structure, or premises affected by such notice.
10.30.060 Violations and penalties.
Any person(s), firm, or corporation found by a court of competent jurisdiction to be in violation of any portion of this chapter shall be subject to one or more of the following penalties:
A. A fine of fifty dollars per violation, with each unlawfully disposed scrap tire being considered a separate violation. Further, each day the violation continues shall constitute a separate offense; and/or
B. The court may order the publication of the names and photographs of persons found by a court of competent jurisdiction to be in violation of this chapter; and/or
C. The court may order the person to repair or restore property damaged, or pay damages resulting from such violations, or perform public service related to the repair or restoration of property damaged by the violation; and/or
D. 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 chapter. The Metropolitan Government shall not be responsible for any costs of cleanup or remediation.
10.30.070 Civil remedies and abatement of nuisance.
In the event that any person violates any provision of this ordinance, the Metropolitan Government may, in addition to other remedies, institute an action for injunction, declaratory relief, or other appropriate action or proceeding to prevent such unlawful acts or to correct or abate any such violation. In addition, the Metropolitan Government may immediately revoke or suspend any and all business, building, development or any and all other permits issued by the Metropolitan Government related to the property or properties involved with the violation until such time that compliance is met, or until the ruling of a court of competent jurisdiction is obtained, at which time respective permits shall be reissued.
Should any sentence, section, subsection or provision of this chapter or application of a provision of this chapter be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the chapter as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.
Section 2. Be it further enacted, that all conflicting ordinances or parts or sections of ordinances in conflict with this Ordinance are hereby repealed.
Section 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Sandra Moore, Charlie Tygard, Buddy Baker
|Introduced:||October 6, 2009|
|Passed First Reading:||October 6, 2009|
|Referred to:||Budget Finance Committee
Public Works Committee
|Passed Second Reading:||October 20, 2009|
|Passed Third Reading:||November 17, 2009|
|Approved:||November 19, 2009|