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.
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.
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)