To minimize the dangers to life and property incidental to the transportation
of hazardous materials by private, common and contract carrier motor vehicles
engaged in interstate, intrastate or foreign commerce, the Town Board of the
Town of Wilton intends to regulate and control the transportation of hazardous
materials within the Town. It also intends to regulate and control the harboring
of private, common and contract carrier motor vehicles containing hazardous
materials within the boundaries of the Town of Wilton.
As used in this chapter, the following terms shall have the meanings
indicated:
HARBORING
Includes the actions of any person, organization, business or other
entity in allowing the permanent or temporary stationing of a private, common
or contract carrier motor vehicle on property under the control or ownership
of the person, organization, business or other entity.
HAZARDOUS MATERIAL
Includes all dangerous materials of an explosive or toxic nature,
including but not limited to liquid petroleum gas, liquid natural gas, ammunition,
explosives, fireworks, pesticides, poisons, live viruses and all radioactive
materials, regardless of weight or volume.
STATE HIGHWAY
New York State Route 9 and New York State Route 50.
[Amended 10-3-1991 by L.L. No. 3-1991]
The following activities shall be prohibited:
A. The transportation of hazardous materials by a private,
common or contract carrier motor vehicle through or within the Town of Wilton.
B. The harboring of any private, common or contract carrier
motor vehicle containing hazardous materials within the boundaries of the
Town of Wilton.
Nothing contained within this chapter shall be deemed to prohibit:
A. The transportation of hazardous materials via an interstate
highway or state highway subject to the statutes, ordinances and laws of the
State of New York and the United States of America.
B. The transportation of hazardous materials to a final
delivery destination within the Town of Wilton, provided that the transporter
and receiver of such materials have obtained all necessary permits and approvals
from all appropriate governmental agencies to transport and/or receive such
materials.
C. The transportation of hazardous materials originating
from a business concern within the boundaries of the Town of Wilton, provided
that the business concern and transporter of such materials have obtained
all necessary permits and approvals from all appropriate governmental agencies
to ship and/or transport such materials.
Any person, organization, business or entity violating any of the provisions
of this chapter will be guilty of a misdemeanor and, upon conviction, be punished
by a fine not to exceed $1,000 or by imprisonment in the County jail for not
more than one year, or both, for each offense. The Town Board may also bring
a civil action to restrain any violation of this chapter in a court of competent
jurisdiction. When a violation of this chapter is continuous, each 24 hours
thereof will constitute a separate and distinct offense.