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HomeMy WebLinkAboutORD 6146 AMEND ARC CODE SCRAP TIRE MANAGEMENT Augusta Richmond GA DOCUMENT NAME: 0 - qq - (p I Lf l.p DOCUMENT TYPE: D ~'N A ruc....G S YEAR: \ ~ C1 ~ BOX NUMBER: ry FILE NUMBER: Jl-J J LJ 0 NUMBER OF PAGES: s , ~ ORDINANCE NO. 6146 AN ORDINANCE TO AMEND TITLE 4, CHAPTER 2, OF THE AUGUSTA- RICHMOND COUNTY CODE SO AS TO ADD A NEW ARTICLE 6 ENTITLED ~SCRAP TIRE MANAGEMENT"; TO PROVIDE EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code, Title 4, Chapter 2, is hereby amended by adding a new Article 6 as follows: ARTICLE 6 SCRAP TIRE MANAGEMENT ~ 4-2-72. DEFINITIONS (a) "Scrap tires" means all tires which are no longer suitable for their original intended purpose because of wear, damage, or defect as defined in O.C.G.A. ~ 12-8-22 (31). (b) "Scrap tire generator" means any person who generates scrap tires as defined in Section 391-3-4-.19(2) (i) of the Georgia Rules of Solid Waste Management. (c) "Scrap tire carrier" means any person engaged in picking up or transporting scrap tires not otherwise exempted under Section 391-3-4-.19(5) (g) for the purpose of removal to a scrap tire processor, end use, or disposal facility as provided in O.C.G.A. ~ 12-8-22 (32). (d) "Tire retailer" means any person engaged in the business of selling new replacement tires as provided in O.C.G.A. ~ 12-8-22 (39). ~. .~ ~ ~ 4-2-73. SCRAP TIRE STORAGE, HANDLING, AND DISPOSAL -- GENERAL (a) The owner or occupant of any property shall be responsible for the sanitary and lawful handling and disposition of scrap tires on the property. (b) All persons defined as scrap tire generators, scrap tire carriers and tire retailers shall be subject to rules as defined in Section 391-3-4-.19 and handle scrap tires in accordance with the provisions of a.C.G.A. ~ 12-8-20, et seq. and the rules for Solid Waste Management, Chapter 391-3-4 applicable to solid waste. (c) The provisions of a.C.G.A. ~ 12-8-20, et seq. are hereby incorporated in this section as if set out in full herein. ~ 4-2-74. ACCUMULATION (a) It shall be unlawful for any person in a residential zone to accumulate any amount of scrap tires on or around property which they own or occupy. (b) It shall be unlawful for any commercial business other than those excepted in a.C.G.A. ~ 12-8-40.1 (g) to accumulate more than one hundred scrap tires on the property which it owns or occupies at any given time. (c) It shall be unlawful for any person or entity authorized by this article and/or state law to handle, store and/or dispose of scrap tires, to do so in any manner other than the following: Permitted quantities of scrap tires may be stored outside the property of an authorized business in a container ~ ., ~. enclosed on all four sides by a solid screen and having a secure top cover, which container is not visible from any public right of way or any adjoining property. ~ 4-2-75. ENFORCEMENT (a) Enforcement of this article shall be the responsibility of the License and Inspection Department by and through its Environmental Code Enforcement Officer and his or her designee. (b) (1) Any person or persons authorized to enforce this ordinance on behalf of the License and Inspection Department Environmental Code Enforcement Officer shall be empowered to enter any private or public property, upon reasonable cause, at reasonable times in order to inspect the property for violations of this article, subject to the condition that to allow entry on private property for inspection, such officer shall have observed the alleged violation from the public right of way, or shall have received a written complaint signed by a resident of Richmond County, Georgia alleging a violation of this article. (2) If such property is occupied, the inspecting officer must first present proper credentials and request entry. If such property is unoccupied, the inspecting officer shall first make a reasonable effort to locate the owner or other person having charge, care or control of such and request entry. If entry is refused, the investigating official shall have recourse to every remedy provided by law to secure entry. .~ . . (3) When the investigating officer shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of the property shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the investigating officer, for the purpose of inspection and examination pursuant to this code section. (c) The License and Inspection Department or the Environmental Code Enforcement Officer shall be authorized to issue summons for hearings on alleged violations of this ordinance in the Magistrate Court of Richmond County. ~ 4-2-76. PENALTIES Any person failing to comply with the lawful provisions of this article or doing any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense, and upon trial as a misdemeanor shall be subject to both the penalties provided by ~ 1-6-1, and to any or all of the following penalties: (a) In the sound discretion of the trial court, the violator may be ordered to remove from any property for which the violator is responsible the unlawful accumulation of scrap tires and to come in full compliance with this article. (b) In the sound discretion of the trial court, the violator may be ordered to remove from the property of another . .....~ .... '. '.' any unlawful accumulation of scrap tires for which the violator is responsible. (c) The violator shall be subject to civil redress by Augusta, Georgia in a court of competent jurisdiction, it being the intent of Augusta, Georgia to have both the civil and criminal rights of prosecution in this area. Section 2. This ordinance shall become effective upon adoption. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Duly adopted this /? this hd day of day , 1999 and ,,{(/d)I~ cPor