(A) It is unlawful to drive a haul truck without a tarp or other suitable cover or closure when traveling on a paved public street hauling bulk material.
(B) It is unlawful to drive a haul truck on a public street without first cleaning or covering the interior of the cargo compartment after emptying its contents.
(C) Violation of this section shall be punishable as a Class 3 misdemeanor with a minimum fine of $100.
(D) For purposes of this section a haul truck is any fully or partially open-bodied, self-propelled vehicle including any non-motorized attachments, such as, but not limited to, trailers or other conveyances that are connected to or propelled by the actual motorized portion of the vehicle used for transporting materials.
(E) For purposes of this section bulk material is any material including but not limited to earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches in length or diameter, dirt, mud, construction or demolition debris, trash, cinders, pumice, saw dust, dry concrete, feeds or fertilizers which are capable of producing fugitive dust.
(F) For purposes of this section fugitive dust is the particulate matter not collected by a capture system, which is entrained in the ambient air, and is caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting and wind. For the purpose of this section, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment and from piledrivers.
(Ord. 1316, passed 2-19-2008)