[HISTORY: Adopted by the Town Board of the Town of Wilton 10-6-1988 by L.L. No. 4-1988. Amendments noted where applicable.]
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:
- 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.
- INTERSTATE HIGHWAY
- Interstate Route 87.
- 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:
Nothing contained within this chapter shall be deemed to prohibit:
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.
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.
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.