Loading...
HomeMy WebLinkAboutOrd 0182 - Business License and Tax for Quarries 2355 §4, 14 ORDINANCE NO 132 AN ORDINANCE REGULATING AND LICENSING QUARRIES WITHIN THE CORPORATE LIMITS OF THE TOWN OF TUKWILA AND PROVIDING FOR THE LEVYING OF A BUSINESS OR OCCUPATIONAL TAX FOR THE OPERATION OP SAME; REQUIRING THE OPERATOR TO OBTAIN PUBLIC LI- ABILITY AND PROPERTY DAMAGE INSURANCE, TO MEET ALL SAFETY STANDARDS AND REGULATIONS OF THE STATE OF WASHINGTON PE:;RTAIN- ING TO THE (OPERATION OF A QUARRY, AND WITH TOE REQUIREMENTS F THE STATE HIGHWAY DEPARTMENT ITT iWHEN OPERATING ALONG A STATE HIGHWAY; AND PROVIDING PENALTIES FOR VIOLATION OP ANY PART OF THIS ORDINANCE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TTT ..YdILA, WASHINGTON: SECTION 1. A Quarry as described in this Ordinance shall be any place within the Town of Tukwila where rock is removed with machinery. SECTION 2.. It shall be unlawful for any person, firm or cor- poration to operate a Quarry within the corporate limits of the Town of Tukwila without having first secured from the Town Coun- cil a license to operate such quarry. The application for a lic- ense shall state the location of the proposed quarry and the number of years for which the license is required. SECTION 3. Upon the request for a license to operate a quarry within the Town limits of the Town of Tukwila, the Town Council shall investigate such request, giving; special consideration to the location of the proposed Quarry and the desirability of a quarry in such a location. The Council's decision shall be made without delay and shall be final. SECTION 4.. Upon the approval of the Town Council for the oper- ation of a Quarry within the Town, the Clerk shall be instructed to issue a license without charging a fee. SECTION 5.. The Operator of a quarry shall be required to pay, to the Town of Tukwila, a business tax of two cents(;.02) per ton on all rock removed from the premises, which is suitable for rockery work, constriction work,rip- rapping or road work. The Operator shall pay to the Town of Tukwila a business tax of five cents( .05) per ton on all coal removed from the premis- es but shall be privileged to leave on the premises, as waste, any coal of which he can not profitably dispose. SECTION 6. The Operator of a quarry may remove dirt and waste material,as defined in this Ordinance, other than coal, from the premises without paying a business tax. paste, as defined in this Ordinance, shall be only the material that will not be sold. SECTION 7. No rock or coal shall be removed from tIle licensed premises without having been weighed upon an accurate ana lawful scale which shall be open to the inspection of the Town Council or their authorized representative at any time. SECTION 8. A record of each load weighed shall be entered, at the time of weighing, in a permanent bound. book, to be kept on the premises, and the load slip for each truck load reraoved,show- ing the time, weight and type of material, whether rock or coal, shall be made out and signed by the weight master and the driver of the truck, and shall be retained by the Operator for the ex- amination of the Town Council or their authorized representative. Such load slips shall be on a special printed form bearing con- secutively numbered serial numbers and each slip shall be account- ed for. All such records shall be made in duplicate and the Town furnished with a copy. Records shall be carefully preserved by the Operator and be constantly available to the Town Council or their authorized representative, for audit or inspection. SECTION 9. On the 15th day of each month the Operator shall fur- nish to uhe Town Council a written statement showing the weight of all rock and coal removed from the premises during the preceding month and at the same time shall remit therefor. SECTION 10. The Quarry shall be operated only on regular working days. The hours of operation shall be between the hours of 6 A.M.and 8 P.M. on regular working days. SECTION 11. It shall be unlawful for any person, firm or corpor- ation to operate a Rock Crusher within the corporaye limits of the Town of Tukwila. SECTION 12. The Operator of a Quarry shall at all times conduct the operation of said Quarry in compliance with all requirements of the laws of the State of Washington with the laws and ordinances of the Town of Tukwila and legally authorized requirements of public officials, and shall not commit or permit any nuisance on the premis- es where operating.. SECTION 13. All wood waste and other debris shall be burned or removed from the premises by the operator and must not be allowed to accumulate. SECTION 14. The operator shall post sufficient Public Liability and Property Damage Insurance as required by the State of Washington for the operation of a Quarry. Preaof of such insurance must be filed with the Town Clerk. SECTION 15. The Operator must' comply with all requirements of the State Highway Department in all matters such as safety, approaches, fills and culverts. SECTION 16. The Operator shall not impair the lateral support of any adjacent land and in any event shall not, as the result of any excavation, mining or quarrying done by him, leave the property with any slope thereon steeper than a fall of one hundred (100) feet and twenty -five (25) lateral feet if the surface of said slope be solid stone, or such lesser grade as may be reasonably necessary to pro- vide an angle of repose and safety if the surface of said slope be of softer material or liable to slough by reason of cracking or crumbling. SECTION 17. If the lower level of operation shall be along a street or highway the grade shall be left level with the street or highway for a depth of one hundred (100) feet. Grade level depth must be' maintained parallel to the street or hi for the entire distance of operation. SECTION 13. All buildings not of a permanent nature must be re- moved when the period of operation is ended. SECTION 19. If any amount of the tax, to be paid under the terms of this Ordinance, shall become due and remain unpaid, or if default shall be made in any of the Sections herein contained, the license so issued shall be revoked. SECTION 2:O. The Applicant for a license to operate a Quarry shall be required to sign a Guarantee to pay, or have his Insurance Company to pay, any and all damages that may be made against the Town of Tuk- wila by any person or persons on account of injury or damage to per- sons or property occasioned by, or in any manner resulying from the operation of a Quarry under his license. In the event of any damage or injury occuring and an action being brought against the Town there- for, the Town shall promptly notify the said Operator and his insuranc Company of the commencement of the suit and notify hire or them to take charge of the defense thereof. SECTION 21. This Ordinance shall be in full force and effect five (5) days from and after its passage,approval and legal publication, as provided by law. Passed by the City Council and approved by the Mayor this 2nd day of August 1948 Mayor Chas O. Baker City Clerk Lois T. Newton