TIRE BUSINESS AND TIRE HAULER REGISTRATION

Memphis Code of Ordinances tit. 9, ch. 9-58

in effect

Memphis Code of Ordinances § 9-58-1 Purpose and intent.

Sec. 9-58-1. - Purpose and intent. It is declared to be the purpose and intent of the city to protect the public health, safety, and welfare of its citizens, prevent the spread of disease and creation of nuisances, and to protect and enhance the quality of its environment. The purpose of this chapter is to institute and maintain a comprehensive city-wide program for tire disposal which will ensure that the storage, transportation, collection, processing, and disposal of tires does not adversely affect the health, safety, and well-being of the public and does not degrade the quality of the environment. (Ord. No. 5334, § 1(15-46), 11-3-2009; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-2 Definitions.

Sec. 9-58-2. - Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dump means to throw, discard, place, deposit, discharge, bury, or dispose of. Elements of nature means rainfall, snow, sleet, hail, or other natural precipitation. Manifest means a form or document used for identifying the quantity and the origin, routing, and destination of tires during transportation from the point of generation, through any intermediate points, to an end user, processor, or disposer. Person means any and all persons, natural or artificial, including any individual, firm, or association. Store means to place, collect, or accumulate tires that are not for sale or resale as tires, whether the tires are directly on the ground, in roll-off containers, or otherwise. Tire means a continuous solid or pneumatic rubber, covering encircling the wheel of a bicycle, motorcycle, automobile, truck, trailer, tractor, or other vehicle. Tire business means and includes any place or establishment engaged in the business of reselling tires or that generates waste tires and is occupied, used, or maintained for the purpose of offering, transporting, repairing, processing, storing, utilizing, and disposing of any and all types of such tires. Used tire means any tire that has been in use and no longer considered new. Tire marking means the marking of a tire with the tire business permit number. Tire recycling facility means a county facility, mandated and licensed pursuant to the Tennessee Solid Waste Management Act, which recycles or properly disposes of tires. Waste tire means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect. The term "waste tire" also includes any tire that is destined for a tire disposer or reprocess or (i.e., recapper). Waste tire hauler means any person or entity permitted by the city engaged in the business of picking up or transporting waste tires for the purpose of removal to a tire recycling facility, waste tire disposer, processor, end user, or disposal facility. Waste tire disposer means any person who is approved by the state department of environment and conservation to receive waste tires from waste tire generators or waste tire haulers for the purpose of waste tire processing, shredding or otherwise facilitating recycling or resource recovery techniques for waste tires. Waste tire generator means any person or entity that generates waste tires. Generators may include, but are not limited to, retail tire dealers, retreaders, waste tire disposers not approved by the state department of environment and conservation, automobile dealers, private company vehicle maintenance shops, garages, and service stations. (Ord. No. 5334, § 1(15-47), 11-3-2009; Ord. No. 5558, § 1, 9-16-2014; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-3 Tire business permits.

Sec. 9-58-3. - Tire business permits. All tire businesses located within the city limits engaging in the resale of tires or the generation of waste tires shall be issued a permit annually by the city, by and through its permit's office for a nonrefundable fee of $250.00. Tire businesses with multiple locations must purchase a permit for each location. Tire businesses that have their own trucks utilized to transport waste tires will receive one decal included with the permit fee. A separate decal must be purchased by such business for any additional truck utilized by the tire business to transport waste tires at a cost of $50.00 per decal. The city will conduct random inspections of such tire businesses for the sake of monitoring compliance with the foregoing requirement. Tire business permits issued under this article are personal to the applicant and may not be transferred, leased, assigned, or given away or sold in any manner or under any circumstance. It shall be the duty of each registrant and permittee to advise the permits office in writing in ten business days of any change to any item for which representation or response was made in its application for registration or permit. A. Application. Every person, firm or corporation obligated to comply with the permit requirement set forth herein shall make written application to the city. The application shall be made on a form obtained from the city permits office setting forth, among other things, the following: 1. Name, physical address, telephone, and facsimile number of the applicant; 2. Tax identification number or taxpayer identification number; 3. Proof of current county business license, issued to the applicant at the proposed business address; 4. County code enforcement use and occupancy certificate; 5. Name, mailing address, telephone, and facsimile number of the owner of the tire business (if different from subsection A.1 of this section); 6. Name, mailing address, telephone, facsimile number and copy of a valid City of Memphis tire hauler permit of the waste tire hauler who will be transporting tires and waste tires to and from the tire business. 7. The estimated maximum number of tires that will be stored on site; 8. The current physical address of the site; 9. A statement setting forth and describing the available space for properly accommodating and protecting all tires; 10. Proof of insurance required in accordance with the state financial responsibility laws; 11. Such other and further information as the permit's office may require. B. Annual fees. 1. All permit and decal fees are due annually by July 1 of each calendar year at the city permits office. These annual fees shall be paid in advance of the issuance of such permit and decal and shall be prorated, as necessary. 2. A current valid permit or decal may be replaced by the permit's office for a fee of $50.00. C. Issuance. The permits office shall issue a permit and decal to a tire business which submits the required and completed application, pays to the city the fee as required in this chapter, and has demonstrated compliance with this chapter and all applicable city ordinances. Each tire business registered in accordance with the provisions of this chapter shall immediately post such permit and decal in a prominent manner or cause such permit to be posted in a conspicuous place within the premises where such tire business is thereby authorized to be established, maintained, or operated. The decal shall be conspicuously displayed on each vehicle owned by such tire business that is utilized to transport used or waste tires. Any permit or decal issued hereunder shall not be sold, assigned, mortgaged, or otherwise transferred without approval by the city permits office and shall expire upon termination of the existence of the tire business or revocation of such business' permit. D. Effective period. The permit shall be effective beginning on July 1 until the next ensuing June 30, on and after which date it shall be null and void. (Ord. No. 5334, § 1(15-48), 11-3-2009; Ord. No. 5558, §§ 2, 3, 9-16-2014; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-4 Tire hauler permit.

Sec. 9-58-4. - Tire hauler permit. All tire haulers, not affiliated with a tire business that is properly permitted as required herein, transporting used or waste tires within the city limits shall be issued a permit and decal annually by the city, by and through its permit's office for a nonrefundable fee of $250.00. Tire haulers with multiple locations must purchase a permit for each location. Tire haulers will receive one decal included with the permit fee. A separate decal must be purchased by such hauler for any additional vehicles utilized by the hauler to transport waste tires at a cost of $50.00 per decal. Tire hauler permits issued under this article are personal to the applicant and may not be transferred, leased, assigned, or given away or sold in any manner or under any circumstance. It shall be the duty of each registrant and permittee to advise the permits office in writing in ten business days of any change to any item for which representation or response was made in its application for registration or permit. A. Application. Every person, firm or corporation obligated to comply with the permit and decal requirement set forth herein shall make written application to the city. The application shall be made on a form obtained from the city permits office setting forth, among other things, the following: 1. Name, physical address, telephone, and facsimile number of the applicant; 2. Tax identification number or taxpayer identification number (if applicable); 3. Proof of current county business license, issued to the applicant at the proposed business address; 4. Proof of insurance required in accordance with the state financial responsibility laws; 5. Such other and further information as the permit's office may require. B. Annual fees. 1. All permit and decal fees are due annually by July 1 of each calendar year at the city permits office. These annual fees shall be paid in advance of the issuance of such permit, and such fee shall be prorated, as necessary. 2. A current valid permit or decal may be replaced by the permit's office for a fee of $50.00. C. Issuance. The permits office shall issue a permit and decal to a tire hauler who submits the required and completed application, pays to the city the fee as required in this chapter, and has demonstrated compliance with this chapter and all applicable city ordinances. Each waste tire hauler registered in accordance with the provisions of this chapter shall conspicuously post and maintain such decal in his or her vehicle which is used for transporting tires at all times. Any permit or decal issued hereunder shall not be sold, assigned, mortgaged, or otherwise transferred without approval by the city permits office and shall expire upon termination of the tire hauler's business or revocation of such hauler's permit. D. Effective period. The permit shall be effective beginning on July 1 until the next ensuing June 30, on and after which date it shall be null and void. E. Permit exemptions. The following persons are exempt from the tire hauler permit requirements set forth herein: 1. A tire hauler who is regulated or licensed by, and is currently in compliance with, state or federal agencies such as the department of transportation; 2. A private individual transporting the individual's own waste tires to an approved tire disposal or tire recycling facility; 3. Haulers removing four or less tires from a residential location, which is under contract to remove that residence's solid waste; or 4. Anyone transporting four or fewer used tires directly from a used tire generator facility to a point of re-use or proper storage prior to their re-use. (Ord. No. 5334, § 1(15-49), 11-3-2009; Ord. No. 5558, §§ 4, 5, 9-16-2014; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-5 Denial of permit or renewal; suspension or revocation of permit.

Sec. 9-58-5. - Denial of permit or renewal; suspension or revocation of permit. In addition to the penalties set forth in section 9-58-12, the permits office may refuse to issue or renew a tire business or tire hauler permit or may suspend or revoke such permit if: A. The applicant or permit holder refuses to allow entry into the tire business by the authorized representatives of the city or otherwise willfully obstructs the inspection of the tire business; B. There are repeated or serious violations of any city ordinance by the tire business or tire hauler; C. The tire business or tire hauler fails to comply with any provisions of this chapter and/or any other applicable city ordinance; D. The tire business or tire hauler fails to comply with any applicable state or federal law, rule, or regulation, including state and local traffic laws; or E. The tire business knowingly authorizes a tire hauler who is not properly permitted as required in section 9-58-4 to transport tires on behalf of such business. (Ord. No. 5334, § 1(15-50), 11-3-2009; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-6 Destruction of tires.

Sec. 9-58-6. - Destruction of tires. Any tire that is no longer suitable for its original intended purpose or deemed unfit for resale by a tire business shall be rendered unusable and properly disposed of at an authorized tire disposal or recycling facility. Such unusable and unfit tires may not be returned to the customer for disposal by that customer, but the customer may, in writing, request their return for continued use and, in so doing, releases the facility from all liability for that reuse. Each tire business shall have six months from the effective date of the ordinance from which this chapter is derived to comply with this provision. Failure to comply with this requirement shall be grounds for revocation of the permit holder's permit in accordance with section 9-58-5. (Ord. No. 5334, § 1(15-51), 11-3-2009; Ord. No. 5558, § 6, 9-16-2014; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-7 Storage of tires.

Sec. 9-58-7. - Storage of tires. Tire businesses shall properly store tires at each facility in accordance with local, state, and federal laws. Prior to storage, each used or waste tire shall be permanently marked by the tire business with the tire business permit number. Tire markings should be at least two inches in height, clearly printed, and prominently displayed on the exterior of the tire. To eliminate potential nuisances of litter, insect breeding, fire hazards and other health risks, each tire business shall at all times during storage: A. Store tires in covered or enclosed areas, or under an impermeable cover, in accordance with applicable health and safety laws, including but not limited to the city's fire prevention code, to prevent the exposure to and collection of elements of nature, and accumulation of water, dirt or other foreign materials; B. Ensure all used or waste tires are appropriately marked. C. Tires stored outside shall be screened from public view. D. Secure tires at each facility to prevent easy access or theft (lock, chain, or store inside a building or other securable structure); E. Used tires, waste tires and tire pieces shall be stored separately. F. Accumulate tires in piles in accordance with the city's fire prevention code, but not in excess of seven feet in height; G. Isolate tires from other stored materials that may create hazardous products if there is a fire, including, but not limited to, lead acid batteries, fuel tanks, solvent barrels, and pesticide containers; H. Store no more than 100 used or waste tires in each bay and a maximum of 200 used or waste tires on the site which includes inside and outside storage. Any requests for more than 200 used or waste tires must be approved by the inspecting agency and could result in additional fees. (Ord. No. 5334, § 1(15-52), 11-3-2009; Ord. No. 5558, § 7, 9-16-2014; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-8 Transport and place for disposal of tires.

Sec. 9-58-8. - Transport and place for disposal of tires. A. All tires, including used and waste tires shall be covered and secured during transport upon any public road or highway by a permitted waste tire hauler. B. It shall be unlawful for any person or tire business to cause, suffer or allow the dumping of any tires at any place in the city, including, without limitation, in or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, any public or private property in the city or any waters in the city. Notwithstanding the foregoing, residential property owners within the city may properly discard up to four rimless used or waste tires on the curbside immediately in front of the property owner's residence for normal trash pickup without violating this provision; provided that such tires are discarded for removal within 24-hours of the property owner's designated day for trash pickup. C. It shall be unlawful for any person or tire business to cause, suffer, or allow the disposal of whole tires in a landfill. D. Tires shall be properly disposed of in accordance with section 9-58-9 by the delivery and manifesting of tires to an authorized tire disposal or tire recycling facility designated by the city. Tire businesses contracting with a tire hauler for the proper disposal of tires generated by such business shall require such hauler utilize a transmittal manifest documenting the pickup and delivery of the tires to an authorized tire disposal or tire recycling facility. E. It shall be unlawful for any person, tire business, or tire hauler to transport or dispose of tires or waste tires that are not marked with the tire business permit number. (Ord. No. 5334, § 1(15-53), 11-3-2009; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-9 Disposal records/transmittal manifest.

Sec. 9-58-9. - Disposal records/transmittal manifest. A. Tire businesses shall keep disposal records in the form of a daily transmittal manifest, as prescribed by the city, the numbers of new, used and waste tires stored on site, and waste tires transported away at each business location for a minimum of three years and make such records readily available upon request at reasonable hours for inspection by representatives of the city. The daily manifest must be maintained legibly and signed by an authorized representative of the tire business and clearly state the following: 1. Name, address, telephone number, permit number and authorized signature of the tire hauler; 2. Name, address, telephone number, and authorized signature of the tire business who is contracting for the removal of the tires along with the permit number for such business; 3. Date and time of removal/transport and the number of tires being transported; 4. Name, address, and telephone number of the location where the tires are to be delivered; and 5. Upon delivery, the name and signature of the person accepting the tires, including the date of acceptance, the number of tires received, and certification the received tires are properly marked with permit numbers. B. The manifest required by this section shall at all times accompany tires while in transit. Any tire business directly delivering waste or used tires generated at its business location to a tire disposal or tire recycling facility must also utilize the daily transmittal manifest and make such manifest available for production or inspection by representatives of the city, upon request. The original manifest shall be maintained by the tire business evidencing all information and signatures required herein, notwithstanding the use of a tire hauler or direct delivery by the tire business. A tire hauler contracted to deliver tires to a recycling facility or disposal facility must maintain a duplicate copy of the manifest reflecting the delivery of such tires for proper disposal. The tire recycling or tire disposal facility shall sign the manifest upon acceptance of the tires and also maintain a copy of the manifest for the facility's records. C. It shall be unlawful for tire disposal businesses to accept delivery of tires or waste tires without tire markings from known used tire businesses. All tire disposal businesses shall immediately report to City of Memphis environmental enforcement if tires or waste tires are delivered without tire markings. (Ord. No. 5334, § 1(15-54), 11-3-2009; Ord. No. 5558, § 8, 9-16-2014; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-10 Reserved.

Memphis Code of Ordinances § 9-58-11 Administration/enforcement.

Sec. 9-58-11. - Administration/enforcement. A. Administration and enforcement of this chapter shall be the responsibility of the city permits office, City Police Department, public works division, and neighborhood improvement. The city, by and through its authorized representatives, is hereby authorized to enter any property regulated by this chapter, at reasonable or necessary times in order to properly inspect for violations. B. The permits office is hereby authorized to promulgate all such rules and regulations considered necessary and proper to effectuate the implementation and enforcement of this chapter. (Ord. No. 5334, § 1(15-56), 11-3-2009; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-12 Violations and penalties.

Sec. 9-58-12. - Violations and penalties. A. The improper storage of one or more used tires shall constitute a separate offense per tire and be punishable by a fine of $50.00 for each improperly stored tire on the location of the tire business. Each day of continued violation of this subsection constitutes a separate offense. B. The transport of one or more tires without the required permit and decal shall constitute a separate offense per tire and be punishable by a fine of $50.00 for each tire being transported in violation of this chapter. Each day of continued violation of this subsection constitutes a separate offense. In addition, if the improper transport of one or more tires was done from an identified motor vehicle, with the aid of an identified motor vehicle, or in connection with an identified motor vehicle, a traffic citation shall be issued against such vehicle for $50.00 for each offense of a tire or tires being transported in violation of this chapter. Furthermore, such traffic citation for improper dumping of tires, if unpaid, shall also constitute grounds for impoundment and/or immobilization of such vehicle as provided in section 11-40-27. C. The improper transporting or dumping of a tire shall constitute a separate offense per tire and be punishable by a fine of $50.00 for each tire found improperly dumped. Each day of continued violation of this subsection constitutes a separate offense. In addition, if the improper transporting or dumping of one or more tires was done from an identified motor vehicle, with the aid of an identified motor vehicle, or in connection with an identified motor vehicle, a traffic citation shall be issued against such vehicle for $50.00 for each tire being transported in violation of this chapter. Furthermore, such traffic citation for improper transporting or dumping of tires, if unpaid, shall also constitute grounds for impoundment and/or immobilization of such vehicle as provided in section 11-40-27. (Ord. No. 5334, § 1(15-57), 11-3-2009; Ord. No. 5475, § 1, 1-8-2013; Ord. No. 5558, §§ 9, 10, 9-16-2014; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-13 Injunctive relief.

Sec. 9-58-13. - Injunctive relief. In addition to, and cumulative of, all other penalties herein provided, the city shall have the right to seek injunctive relief for any violation of this chapter. (Ord. No. 5334, § 1(15-58), 11-3-2009; Ord. No. 5875, § 1, 7-11-2023)

Memphis Code of Ordinances § 9-58-14 Tire disposal fund.

Sec. 9-58-14. - Tire disposal fund. All funds received by the city pursuant to this chapter shall solely be used to pay for the administrative and operational costs resulting from the enforcement and implementation of this chapter. (Ord. No. 5334, § 1(15-59), 11-3-2009; Ord. No. 5875, § 1, 7-11-2023)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT9HESA_CH9-58TIBUTIHAREFetched: 10/28/2026