The Common Council finds that the transportation of hazardous
materials in and through the City of Buffalo presents a risk of personal
injury and property damage. It is to protect the health, safety and
welfare of its citizens while minimizing inconvenience to shippers,
carriers and handlers that this Article is enacted.
For the purposes of this Article, the following definitions
shall apply:
HAZARDOUS MATERIAL
A substance or material in a quantity and form determined
by the Secretary of the United States Department of Transportation
to be capable of posing an unreasonable risk to health, safety or
property when transported in commerce, and which has been so designated
pursuant to 49 U.S.C. § 1803 and listed in 49 CFR 172, including
hazardous wastes and radioactive materials.
HAZARDOUS WASTE
A material or substance identified as a hazardous waste by
the administrator of the United States Environmental Protection Agency
pursuant to 42 U.S.C. § 6900 et seq. and listed in 42 CFR
261.
MOTOR VEHICLE
A vehicle, machine, tractor, trailer or semitrailer propelled
or drawn by mechanical means and used on a highway.
PERSON
Includes any natural person, firm, corporation or partnership.
RADIOACTIVE MATERIALS
Those materials or substances designated as such by the Nuclear
Regulatory Commission and listed in 49 CFR 172 and 173.
All persons engaged in the transportation of hazardous materials
by motor vehicle shall afford to employees of the Department of Police
and the Department of Transportation reasonable opportunity to inspect
the shipping manifest of the motor vehicle to determine compliance
with the provisions of this Article. Where the inspecting official
has reason to believe an interior inspection of a motor vehicle is
necessary, which inspection would necessitate the breaking of a cargo
seal, the shipping company must be notified and given a reasonable
opportunity to be present prior to the interior inspection.
The Department of Police and the Department of Transportation
of the City of Buffalo shall enforce this Article. A violation of
this Article shall be punishable by a fine or penalty of not more
than $1,500 or by imprisonment of not more than 15 days, or by both
such fine and imprisonment, for each offense.
In the event that the federal regulations cited in this Article
and enacted pursuant to statutory authorization are amended or reclassified,
the amended or reclassified regulation shall be deemed to have been
incorporated herein.
In the event that the requirements of this Article are or become
inconsistent with any requirement set forth in the Hazardous Materials
Transportation Act or in the regulations issued thereunder and are
preempted as provided in the Hazardous Materials Transportation Act,
the Article requirements shall be deemed invalid.