The following provisions must be complied with for the purpose of applying 49 C.F.R. 397.3 adopted in Section 394.04 of this chapter:
(a) The use of City streets (other than interstate highways) for the transportation of materials specified in Section 394.05 of this chapter is prohibited where there is neither a point of origin nor destination (delivery point) within the City. This division does not apply where the point of origin or destination (delivery point) is within one (1) mile of the City limits or where the use of City streets provides the safest and most direct route and the shortest distance of travel from an interstate highway to the point of origin or destination, as determined by the City Fire Chief or his or her designee.
(b) The transportation of materials specified in Section 394.05 of this chapter is prohibited on City streets in the Downtown Area, as defined in division (c) of this section, between 7:00 a.m. and 6:00 p.m. daily, except Saturdays and Sundays.
(c) The Downtown Area is defined as the area, not including the interstate highways, bounded by Lake Erie on the north, the Cuyahoga River on the west, Interstate 71 and the Inner Belt on the south and east, and Interstate 90/Route 2 on the northeast to and including the eastern boundary of Burke Lakefront Airport.
(d) Transporters of hazardous materials specified in Section 394.05 of this chapter, where there is a point of origin or destination (delivery point) in the City or within one (1) mile of the City limits, or where the use of City streets provides the safest and most direct route and the shortest distance of travel from an interstate highway to the point of origin or destination must use interstate highways and designated truck routes to a point as close as possible to the destination to reach their point of pickup or delivery, unless otherwise approved by the City Fire Chief. Only the Fire Chief or the Fire Chief’s designee may determine that the use of City streets provides the safest and most direct route and the shortest distance of travel from an interstate highway to the point of origin or destination.
(e) The Fire Chief may grant permission in writing to operate in exception to division (b) of Section 394.06 of this chapter only where the Fire Chief has determined that the following criteria are met:
(2) Transportation of the hazardous material is in the public interest.
(f) Waivers granted under division (e) of this section are per calendar year. A person may obtain a waiver beyond the period of one (1) year only by reapplying for, and meeting the criteria described in divisions (e)(1) and (e)(2) of this section, each calendar year that a waiver is applied for.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)