HomeMy WebLinkAboutORD 6146 AMEND ARC CODE SCRAP TIRE MANAGEMENT
Augusta Richmond GA
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BOX NUMBER: ry
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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).
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~ 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
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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.
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(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
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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
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