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.
[Derived from Art. XXI of Ch. XXV of the Charter and Ordinances, 1974]
For the purposes of this Article, the following definitions shall apply:
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.
A vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical means and used on a highway.
Includes any natural person, firm, corporation or partnership.
A.
All persons engaged in the transportation of hazardous materials by motor vehicle shall classify, describe, package, mark, label, prepare and transport all hazardous materials in accordance with the regulations promulgated by the United States Department of Transportation contained in 49 CFR 170 through 189, which regulations are hereby adopted in toto.
B.
All persons engaged in the transportation of hazardous wastes by motor vehicle shall comply with the requirements of the United States Environmental Protection Agency as set forth in 42 CFR 263. In addition, those carriers and persons engaged in the transportation of hazardous wastes shall comply with the appropriate regulations listed in 49 CFR 170 through 189.
A.
General routing requirements. All persons engaged in the transportation of hazardous materials by motor vehicle shall, unless there is no practical alternative, operate a vehicle containing hazardous materials over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets or alleys. Operating convenience is not a-basis for determining whether it is practicable to operate a motor vehicle in accordance with this section.
C.
Local requirements.
(1)
Through shipments. This section shall apply to all persons engaged in the transportation by motor vehicle of all hazardous materials, including hazardous wastes and radioactive materials. Transportation of these materials through or across the City of Buffalo shall be confined to the New York State highways and arterial routes as established and maintained by the State of New York.
(2)
Shipments originating or terminating in the City of Buffalo. All persons engaged in the transportation of hazardous materials which originate from or are destined for points located within the limits of the City of Buffalo, including break-bulk shipments, shall confine their vehicles to the truck routes established by the City of Buffalo's Department of Transportation. Where a destination is not on a truck route, carriers shall utilize truck routes to a point as close as possible to the destination before utilizing nontruck routes. In selecting nontruck routes, carriers shall comply with the requirements of this Article.
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.