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Any person, association or corporation who shall engage in the business of a transient vendor, as herein defined, without having secured a license for that purpose as provided in this Section, or who neglects or refuses to file the statement described in Subsection 17-14.1, or who makes a false or fraudulent representation in said statement, or who, having secured such license, shall thereafter fail to pay the sum required herein, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of $20 for each day during which such goods, wares or merchandise are kept or exposed for sale.
(Rev. Ord. 1961 c. 28 § 23; CBC 1975 Ord. T14 § 422; CBC 1985 17-14.5)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CARRIER. A person engaged in the business of transporting hazardous materials on streets and highways by motor vehicles; if the motor vehicle is leased, the lessee is the carrier.
CITY. The City of Boston.
HAZARDOUS MATERIALS. The following are designated hazardous materials for the purpose of this Section:
(1) Class A Explosives (173.53): Numbers in parentheses refer to 49 C.F.R.;
(2) Class B Explosives: (173.88);
(3) Poisonous gases: Poison A (173.326);
(4) Flammable solid: (172.101);
(5) Radioactive materials with Radioactive Yellow III: label (172.403), excluding USA DOT – 7AX Type A radioactive materials that are intended for use in, or incident to, research or medical diagnosis, or treatment;
(6) Liquefied petroleum gas (“LPG”);
(7) Liquefied natural gas (“LNG”);
(8) Liquefied hydrogen: (173.316); and
(9) Flammable liquids with flash points 73°F or less, in gross quantities of 1,000 pounds or more.
OPERATE. To engage in the transport of hazardous materials in commerce on the streets and highways by motor vehicle.
PERSON. Any individual, corporation, firm, partnership, society, association, joint venture or other legal entity.
VEHICLE. A motor vehicle used for the transportation of hazardous materials in commerce.
(Ord. 1979 c. 39 § 1; CBC 1985 17-15.1)
The Fire Commissioner and Commissioner of Health and Hospitals shall promulgate joint regulations under the authority of M.G.L. Chapter 148, Section 9 and M.G.L. Chapter 111, Section 122 and this Section and not inconsistent with such authority or regulations issued thereunder. A hearing shall be provided as required by law. Such regulations shall require, but not be limited to, the following:
(A) Adopt the commonwealth’s Department of Public Works regulation 720 CMR 8 to ensure the application of those regulations to city streets;
(B) Prohibit the transportation of hazardous materials within designated parts of the city between the hours of 6:00 a.m. and 8:00 p.m., Saturdays, Sundays and holidays excluded. Drivers may operate their vehicles in the designated areas of the city during these restricted hours only if they obtain a permit from the Fire Commissioner to do so;
(C) Prohibit the transportation of hazardous materials excluding flammable fluids within the city if there is neither a point of origin nor a destination (delivery point) within the city and if a practical alternative route exists from origin to destination outside the city. Economic criteria shall not be determinative of whether or not an alternative route is practical. If a practical alternative route does not exist as determined by the Fire Commissioner, he or she shall designate appropriate routes within the city;
(D) Designate routes within the city on which carriers may operate their vehicles. These routes shall not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets or alleys, unless no reasonable alternatives exist;
(E) Require carriers to obtain permits to operate in unrestricted parts of the city where, in the discretion of the Fire Commissioner and due to the nature of the hazardous materials and/or the routes and parts of the city involved, special precautions are considered necessary;
(F) Regulate the operation of all vehicles within the city. This regulation may extend to, but not be limited to:
(1) The speed at which vehicles may operate in the city;
(2) Vehicles stopping within the city;
(3) The degree to which a driver may leave a vehicle unattended;
(4) The distance that must be maintained between vehicles in transit;
(5) A requirement that vehicles be equipped with radio communications;
(6) A requirement that vehicles be provided with adequate illumination and warning lights; and
(7) Requirement that vehicles be placarded “HAZARDOUS CARGO” with identification of that specific hazardous material.
(G) (1) Require all carriers to report to the Fire Department every accident within the city involving that carrier’s vehicle which results in any of the following:
(a) Injury or fatality;
(b) Continuing danger to life or health at the scene of the accident;
(c) The disabling of the vehicle;
(d) Estimated property damage exceeding $100; and
(e) An unintentional release of hazardous material from the vehicle.
(2) The carrier shall report the accident to the Fire Department:
(a) By phone or in person immediately after the occurrence of the accident; and
(b) In writing within ten days following the accident on a form to be furnished by the Fire Commissioner.
(H) Establish a permit system which requires the following:
(1) That any carriers who wish to operate their vehicles in a manner inconsistent with this Section and/or regulations hereunder be required to obtain a permit from the Fire Commissioner;
(2) That a permit be issued only where compelling need is shown and where transporting hazardous materials is in the public interest;
(3) That permits be granted for a period of one year and be automatically renewed upon application unless revoked for cause after a hearing before the Traffic and Parking Commission;
(4) That permits be revocable and not transferable;
(5) That permits be carried in the cab at all times and that a suitable means be used to allow ready identification of carriers with permits from outside the vehicle; and
(6) That annual fees for permits be set as required to defray administrative expenses and as permitted by law.
(I) The Fire Commissioners and the Commissioner of Health and Hospitals shall have the authority to promulgate all regulations necessary to give full effect to the provisions of this Section.
(Ord. 1979 c. 39 § 2; CBC 1985 17-15.2) Penalty, see Subsection 17-15.8
The Fire Commissioner and the Commissioner of Health and Hospitals shall have the authority to promulgate regulations controlling the transportation of the following hazardous materials within the city:
(A) Oxidizers: (173.151);
(B) Organic peroxide: (173.151a);
(C) Flammable, pyrophoric and combustible materials: (173.115);
(D) Radioactive materials with Radioactive White I or Yellow 11 label: (172.403); and
(E) Certain hazardous materials which have been identified as posing more than one hazard, for example, uranium hexafloride which is corrosive and radioactive.
(Ord. 1979 c. 39 § 4; CBC 1985 17-15.4)
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