(a) To ensure the application of their requirements to vehicles within the City limits, the following laws and regulations and their successor regulations are adopted and incorporated into this code as such laws and regulations exist at the time of passage of this chapter or as they may be amended: 49 C.F.R. Subchapter C – Hazardous Materials Regulations; Part 171 – General Information, regulations, and definitions; Part 172 – Hazardous materials table, special provisions, hazardous materials communications, emergency response information, and training requirements; Part 173 – Shippers-general requirements for shipments and packagings; Part 174 – Carriage by rail; Part 175 – Carriage by aircraft; Part 176 – Carriage by vessel; Part 177 – Carriage by public highway; Part 178 – Specifications for packagings; Part 179 – Specifications for tank cars; Part 180 – Continuing qualification and maintenance of packagings; and Part 397 – Transportation of Hazardous Materials, Driving, and Parking Rules. Any violation of these federal rules and regulations within the City limits is a violation of this chapter.
(b) The requirements of the Federal Motor Carrier Safety Regulations 49 C.F.R. Parts 390 - 399 are adopted and incorporated. Any violation of those federal rules and regulations within the City limits is a violation of this chapter.
(c) When any provision of this chapter conflicts with the regulations adopted in divisions (a) or (b) above, or any other provision of these Codified Ordinances, the provision which establishes the stricter standard for the promotion and protection of the safety and welfare of the public must prevail. This division does not apply if the local regulation contains the stricter standard and compliance with both the local regulation and a federal regulation adopted in division (a) or (b) above is not possible and the local regulation is preempted by federal law. This division also does not apply if the local regulation as applied or enforced is an obstacle to accomplishing and carrying out the federal rules and regulations adopted in division (a) or (b) above and is preempted by federal law. Nothing in this provision may compromise the City’s right to apply for and receive a waiver of preemption under 49 C.F.R. 107.215.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)