733.03 NOTICE.

   When those radioactive materials requiring a permit, as specified in this chapter, are to be shipped or transported into, within, through or out of the City, the shipper or carrier or person otherwise responsible shall first notify the Mayor or his designated representative, on a form provided, two weeks prior to the date of shipment. The form shall include the date of shipment, the type and quantity of radioactive materials involved, the method of transportation, the route, the starting point, the destination and such other information as the Mayor or his designated representative may reasonably require. Any information which cannot be supplied two weeks prior to shipment or transportation shall be supplied promptly by the person responsible for such shipment or transportation when such information becomes available to him. Nothing herein shall be construed as requiring the disclosure of any defense information or restricted data as defined in the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.

(Ord. 1978-119. Passed 10-16-78.)

733.04 CONDITIONS FOR ISSUANCE OF PERMIT; ROUTES AND TIMES FOR SHIPPING.

   (a)    The Mayor or his designated representative shall not issue a permit to any person for the shipment or transportation of those radioactive materials specified in this chapter unless:

      (1)    There is a showing that the radioactive material has been or will be containerized and packaged, and all warning labels affixed to the outer container holding the radioactive material and the motor vehicle transporting such material, in conformity with the regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission or other related Federal or State agency, regardless of whether the shipment is being made intracity, intrastate or interstate.

      (2)    There is a showing that the shipment or transportation of radioactive materials is necessitated by urgent public policy or national security interests transcending public safety and health concerns of the City. For the purpose of this section:

         A.    An "urgent public policy," includes medical and educational interests.

         B.    An "urgent public policy" does not include interests other than medical and educational interests unless expressly authorized in writing by the United States Department of Transportation or by any other appropriate Federal or State agency which may be required by the Director of Health or his designated representative. Such authorization shall state that the particular interest involved is, in the opinion of the agency, permitted by Federal or State regulations pertaining to the shipment or transportation of radioactive materials and that the interest involved justifies the apparent risks resulting from such shipment or transportation.

   (b)   Radioactive materials which are permitted to be shipped or transferred through the City pursuant to this chapter shall be shipped or transported through the City over such route or routes, or at such time or times of the day, consistent with the public health, safety and welfare and the convenience of the shipper or carrier, as the Director of Health or his designated representative may direct.  (Ord. 1978-119.  Passed 10-16-78.)

733.99 PENALTY.

   (EDITOR'S NOTE: See Section 101.99 for general Code penalty if no specific penalty is provided.