§ 100.13  CIVIL LIABILITY.
   (A)   In addition to the criminal penalty provided by § 100.99, in the event of a hazardous materials incident, as described in 49 CFR 171.16 requiring the response of the Division of Fire and/or others to control said incident, the transporter (carrier, trucking company, and the like) shall be liable to the city for the payment of all costs and expenses of any and all city departments  incurred in and about the use of employees, apparatus and materials in the control and/or neutralization of said incident.  The amount of such costs and expenses shall be determined by the Director of Public Safety and shall be collected by him in a civil action wherein the city shall be the  Plaintiff and the transporter shall be the defendant.  This responsibility is not conditioned upon evidence of willfulness or negligence on the part of the transporter.
   (B)   This section shall apply only if the transporter is in violation of the provisions of this chapter.
(Ord. 53-93, passed 9-27-93)