For the purposes of this article the following terms are defined:
Any quantity, group, form or class of material designated
as hazardous material in any official publication of the secretary
of transportation of the United States under the authority of 49 U.S.C.A.,
Section 1803 (1976), as amended, including any such publication issued
after the effective date of this article.
Means that the material to be transported is hazardous and
is in sufficient quantity to require placarding in accordance with
Department of Transportation Hazardous Materials Regulations [49 U.S.C.A.,
Section 1801, et seq (1976)], or in accordance with V.T.C.A., Transportation
Code, as amended.
To move any motor vehicle requiring placards upon any public
street or highway.
(1974 Code of Ordinances, Chapter 31, Sec. 31-134)
No person shall knowingly transport hazardous materials or knowingly
cause hazardous materials to be transported upon any public street
within the corporate limits of the City of Hillsboro, except upon
the following:
(1)
Industrial
Loop (Pecos Street).
(2)
Consolidated
Drive.
(3)
Highway
22.
(4)
Highway
171.
(5)
Highway
77.
(6)
Highway
81.
(7)
FM Road
3267 from the Hillsboro City Limits to Highway 22.
(8)
I-35 and
its service roads.
(1974 Code of Ordinances, Chapter 31, Sec. 31-134)
(a)
It shall
be a defense to prosecutions under (b) below that the transporting
vehicle was empty.
(b)
It shall
be a defense to prosecutions under this subsection that such transportation
was to a point of destination within the corporate limits of the City
of Hillsboro or was from a point of origin within the corporate limits
of the City of Hillsboro, or both, and that no portion of such transportation
was in violation of Section 12.804 of this article.
(1974 Code of Ordinances, Chapter 31, Sec. 31-134)
The operator of a vehicle that is used for transport of hazardous
materials requiring placards shall, before operations, inspect such
vehicle and determine that:
(1)
Brakes
are in good working condition.
(2)
Steering
mechanism is in good working condition.
(3)
All electrical
wiring is well insulated and firmly secured.
(4)
The vehicle
is in a safe condition to transport hazardous materials.
(5)
All emergency
features on bulk transport carriers are installed and operative as
outlined in U.S. Department of Transportation specifications and requirements.
(1974 Code of Ordinances, Chapter 31, Sec. 31-134)
It shall be presumed for purposes of prosecution under this
article that a transporting vehicle contains hazardous materials if
it bears a placard.
(1974 Code of Ordinances, Chapter 31, Sec. 31-134)
Both the fire department of the city and the Hillsboro Police
Department are expressly authorized to enforce the provisions of this
article.
(1974 Code of Ordinances, Chapter 31, Sec. 31-134)
Any person who shall violate any provision of this section shall
be deemed guilty of a misdemeanor, and each such person shall be deemed
guilty of a separate offense for each day or portion thereof during
which any violation of any provision of this article is committed,
continued or permitted, and each violation shall be punishable by
a fine in accordance with the general penalty provision set forth
in Section 1.109 of this code.
(1974 Code of Ordinances, Chapter 31, Sec. 31-134)
