This article applies to the transportation within the corporate boundaries of the city of non-radioactive hazardous materials (NRHM) in such quantities that the vehicle is required to carry and exhibit placards pursuant to the Code of Federal Regulations.
(Ordinance O-2023-018 adopted 4/6/2023)
In this article:
City terminal.
A business or location within the city boundaries that serves as a point of origination or receipt for shipments of NRHM.
Local delivery.
Delivery of any NRHM that originates within the corporate boundaries of the city or is bound for delivery within the corporate boundaries of the city.
Non-radioactive hazardous materials (NRHM).
Non-radioactive materials classified as hazardous by the United States Secretary of Transportation.
NRHM transportation.
Motor vehicle transportation of NRHM in such quantities that the vehicle is required to carry and exhibit placards pursuant to the Code of Federal Regulations.
NRHM vehicle.
A motor vehicle transporting regulated materials subject to this article.
Regulated material.
NRHM.
Through traffic transportation.
Transportation of any regulated material that originates outside of the city with no deliveries or pick-ups within the city.
Vehicle requiring placards.
Any vehicle transporting hazardous materials in sufficient quantity to require placarding as set forth in the United States Department of Transportation Hazardous Materials Regulations.
(Ordinance O-2023-018 adopted 4/6/2023)
A person shall not transport, contract, arrange, or participate in the transport, contract, or arrangement to transport NRHM within the corporate boundaries of the city unless such transport of NRHM is in compliance with this article.
(Ordinance O-2023-018 adopted 4/6/2023)
(a) 
For local delivery, the operator of a vehicle used to transport NHRM shall use the safest route available by the best use of the highest classified roadway, as classified in subsection (b) of this section, when a NRHM vehicle is carrying NRHM to any point of origin or destination located within the corporate limits of the city.
(b) 
The Federal Highway Administration (FHWA) classifies roadways from highest to lowest as follows:
(1) 
Designated interstate highway;
(2) 
Designated United States Highway;
(3) 
Designated state highway;
(4) 
Other designated freeways and expressways;
(5) 
Principal arterial street (roadways providing a high degree of mobility and serving long distance trips);
(6) 
Minor arterial street (roadways serving moderate length trips);
(7) 
Collector street (roadways serving short length trips from arterial to local streets); and
(8) 
Local street (roadways providing the highest degree of access and lowest mobility).
(c) 
The public health and safety reason for use of the highest classification of roadway is to reduce the risk and severity of potential harm to persons and property that may result from a spill of regulated or hazardous material.
(Ordinance O-2023-018 adopted 4/6/2023)
(a) 
For through traffic transportation, a person shall only transport NRHM on the following roadways, in both directions, within the jurisdiction of the city:
(1) 
SH 130, from city limit to city limit.
(b) 
A person shall comply with all provisions of this article pertaining to necessity for placarding vehicles transporting regulated materials in the city, regardless of route.
(c) 
It is an affirmative defense to a departure from the permissible route that:
(1) 
The vehicle in question is immediately and directly destined for a location providing food, fuel, rest, safe haven, or repair; or
(2) 
The vehicle is using access, frontage, or intersecting roadways as needed to enter and leave the location providing food, fuel, rest, safe haven, or repair.
(Ordinance O-2023-018 adopted 4/6/2023)
The operator of a NRHM vehicle that is a vehicle requiring placards shall:
(1) 
Apply and display appropriate placards meeting United States Department of Transportation specifications on each end and each side of the vehicle; and
(2) 
Before operation, inspect the vehicle to determine that:
(A) 
The brakes and tires are in good working condition;
(B) 
The steering mechanism is in good working condition;
(C) 
The electrical wiring is well insulated and firmly secured; and
(D) 
The vehicle is in a condition adequate to safely transport hazardous materials.
(3) 
A person commits an offense if that person transports, arranges to transport, or contracts for transport of NRHM, required under state or federal regulation to be transported under placard, without an appropriate placard.
(Ordinance O-2023-018 adopted 4/6/2023)
(a) 
A person engaged in the transportation, arrangement, contact, or any participation in transport of arrangement, or contract for transportation of local delivery of NRHM on any street or roadway within the city shall make the best use of the highest classification of roadway available to:
(1) 
Protect neighborhoods and the traveling public from nuisance, inconvenience, or disturbance of normal sensibilities of any person; and
(2) 
Minimize exposure of neighborhoods and the traveling public to harm that may result from a spill of regulated or hazardous material.
(b) 
A person commits an offense if the person transports, arranges, contracts, or participates in transport of arrangement, or contract for local delivery of NRHM on any street or roadway within the city which route is not based on the best use of the highest classification of roadway.
(c) 
A person engaged in transport, arrangement, or contract for transport of regulated materials shall have the affirmative duty to determine, devise, and restrict local delivery to such restricted route for the benefit of the public health, safety, and welfare.
(d) 
A responsible person has the burden of proof to demonstrate best use of the highest classification of roadway.
(e) 
A formal complaint, properly drawn and corroborated as may be required by law, shall create a rebuttable presumption that the responsible person violated the best use standard for highest classification roadway transportation or delivery of NRHM.
(Ordinance O-2023-018 adopted 4/6/2023)
(a) 
Subject to subsection (b), this article does not apply to an empty vehicle that has been used previously to transport regulated materials.
(b) 
A vehicle that has transported NRHM in bulk packaging, or in any other type of container, and that is required to be placarded pursuant to the Code of Federal Regulations shall remain placarded when it is empty unless it is:
(1) 
Sufficiently cleaned of residue and purged of vapors to remove any potential hazard; or
(2) 
Refilled with a material requiring different placards or no placards, to such an extent that any residue remaining in the packaging is no longer hazardous.
(Ordinance O-2023-018 adopted 4/6/2023)
(a) 
The city's police department may temporarily suspend the operation of any vehicles carrying regulated NRHM without notice whenever road, weather, traffic, or other exigent circumstances warrant such action.
(b) 
The city's police department may redirect vehicles carrying regulated NRHM for through traffic transportation onto any highway or roadway, public or private, when the through traffic route is blocked or otherwise deemed necessary for the benefit of public safety and as authorized by law.
(Ordinance O-2023-018 adopted 4/6/2023)
It shall be permissible and is an affirmative defense to a violation of this article that the vehicle transporting a regulated material is carrying fuel directly to the scene of an emergency, or for a public emergency purpose, specific to the function of fueling equipment used to respond to or address the emergency.
(Ordinance O-2023-018 adopted 4/6/2023)
(a) 
A person shall not permit a vehicle transporting regulated NRHM to park or stand at any location within the city, except for purposes of loading or unloading.
(b) 
This section does not apply to:
(1) 
Vehicles parked in designated truck parking areas of locations providing food, fuel, rest, safe haven, or repair; or
(2) 
Vehicles parked in the parking areas of businesses engaged in the transportation, storage, or production of hazardous materials.
(Ordinance O-2023-018 adopted 4/6/2023)
(a) 
Violation of any of the provisions of this article shall constitute an offense punishable by a fine of not less than five hundred dollars ($500.00) and not to exceed two thousand dollars ($2,000.00), to the extent such violation may pose a fire or public health threat.
(b) 
The city shall be entitled to pursue all remedies, at law and in equity, including but not limited to injunctive relief, with attendant civil penalties as may be provided under state statute, which remedies shall be cumulative of the criminal laws, none of which shall be mutually exclusive of the other.
(Ordinance O-2023-018 adopted 4/6/2023)