It is the intent and purpose of this article to safeguard life,
health and property from the hazards of fire, explosion or other emergencies
arising from the transportation of hazardous materials through the
city.
(1983 Code, sec. 16-47; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
To the extent that any provision of this article is in conflict
with or is preempted by any state or federal statute or regulation,
the state or federal regulation shall prevail.
(1983 Code, sec. 16-53; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
(a)
No person operating a motor vehicle requiring placards shall transport
hazardous materials or cause hazardous materials to be transported
upon any public street within the corporate limits of the city, except
upon the following roads:
(1)
That portion of Interstate 27 lying within the corporate limits of
the city, excluding the I-27 access roads;
(2)
That portion of U.S. 87 beginning at the south corporate city limits
until U.S. 87 joins Interstate 27;
(3)
All of Loop 289, excluding that portion lying between the intersection
with south I-27 and proceeding westbound until Loop 289 intersects
with U.S. 62/82, and also excluding the Loop 289 access roads;
(4)
That portion of U.S. 62/82 beginning at the southwest corporate limits
of the city and proceeding northeast until U.S. 62/82 intersects with
Loop 289;
(5)
That portion of U.S. 62/82 beginning at the northeast corporate limits
of the city and proceeding southwest until U.S. 62/82 intersects with
Loop 289;
(6)
That portion of U.S. 84 beginning at the southeast corporate limits
of the city and proceeding northwest until U.S. 84 intersects with
Loop 289;
(7)
That portion of U.S. 84 beginning at the northwest corporate limits
of the city and proceeding southeast until U.S. 84 intersects with
Loop 289;
(8)
That portion of State Highway 114 beginning at the west corporate
limits of the city and proceeding east until State Highway 114 intersects
with West Loop 289.
(b)
It shall be presumed for purposes of prosecution under this section
that a motor vehicle contains hazardous materials if it is placarded
in accordance with the United States Department of Transportation’s
Hazardous Material Regulations.
(c)
The fire marshal’s office, fire department, and the city’s
police department are expressly authorized to enforce the provisions
of this article.
(1983 Code, sec. 16-48; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
Violations of any of the provisions of this article shall constitute
an offense punishable by a fine not to exceed two thousand dollars
($2,000.00).
(1983 Code, sec. 16-51; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
It shall be a defense to prosecution for violations of this
article for the following reasons:
(1)
That the motor vehicle requiring placards was parked for purposes
of loading or unloading.
(2)
That the motor vehicle requiring placards has stopped for refueling,
repairing or is proceeding directly to refuel or repair from a designated
hazardous materials route.
(3)
That the motor vehicle requiring placards becomes out of repair and
must stop.
(4)
That the motor vehicle requiring placards stops at a commercial truck
stop or is proceeding directly to a commercial truck stop from a designated
hazardous materials route. Stops at commercial truck stops shall not
exceed ninety (90) minutes, except for purposes of repair.
(5)
That the motor vehicle requiring placards was empty and not transporting
hazardous materials that would require placards.
(6)
That such motor vehicle requiring placards was traveling directly
to a cargo delivery or pickup point within the corporate limits of
the city or was traveling directly from a cargo delivery or pickup
point within the corporate limits of the city, or both.
(1983 Code, sec. 16-50; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
No motor vehicle requiring placards may park or stand at any location within the city except as authorized by section 20.11.005. Any such vehicle so parked is hereby declared to be a hazard to the public health and safety and may be towed from its location to a place of decreased hazard at the operator’s expense, or detained at the operator’s expense.
(1983 Code, sec. 16-49; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
In the event of a hazardous materials spill or other incident
requiring the response of emergency personnel and others to control
such incident, the transporter shall be liable to the city for all
costs and expenses which it incurs by the use of employees, apparatus
and materials in the control and neutralization of the spill or other
incident. This section applies to all hazardous materials being transported
through or within the city.
(1983 Code, sec. 16-52; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
If any section, subsection, sentence, clause, or phrase of this
article is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions
of this article.
(1983 Code, sec. 16-54; Ordinance 9889, sec. 1, adopted 3/28/1996; Ordinance 2012-O0032, sec. 1,
adopted 4/10/2012)
