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(a) Transportation in commerce within the City of Cleveland of hazardous materials that is required to be placarded by 49 C.F.R. Part 172, Subpart F – Placarding, or any successor regulation, must be subject to the requirements of this chapter. If the hazardous materials are required to be placarded by 49 C.F.R. Part 172, Subpart F – Placarding, but are not, the transportation in commerce within the City of Cleveland of the hazardous materials is still subject to regulation under this chapter.
(b) Transportation in commerce within the City of Cleveland of hazardous materials that are exempt, under RC 4921.02(A)(2) from the requirements of RC Chapter 4921, are subject to the requirements of Section 387.10 of these Codified Ordinances, and to the requirements of this chapter to the extent that labeling is required by 49 C.F.R. Part 172, Subpart E, and shipping papers are required by 49 C.F.R. Part 172, Subpart C, for the transportation of hazardous materials.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
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)
(a) Vehicles transporting hazardous materials, as specified in Section 394.05 of this chapter, must comply with 49 C.F.R. 397.3 while operating within the City. If a vehicle transporting hazardous materials commits a moving traffic violation, it is also a violation of this chapter, subject to the penalty established in Section 394.99 of this chapter, in addition to any other penalty imposed for the violation.
(b) No vehicle containing hazardous materials as specified in Section 394.05 of this chapter may be parked on any City street at any time, unless it is necessary for a pick-up or delivery and is otherwise permitted by law.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
(a) The City Fire Chief or the Fire Chief’s authorized representative may inspect vehicles used in the transportation of hazardous materials at random. The vehicles must comply with all applicable laws and regulations in this chapter.
(b) The City, through its inspectors or other authorized employees, may enter and inspect premises at reasonable times where hazardous material or materials are stored, transferred, loaded, packaged, shipped or received. This authorization includes, without limitation, inspection of intermodal facilities and terminals as defined in Sections 387.01 and 394.03 of these Codified Ordinances. It also includes inspection at any time of the vehicle of any person who transports or offers for transportation hazardous materials subject to this chapter. Inspection, under this section, may include examination of any records or documents that relate to the transportation and the offering for transportation of hazardous materials subject to this chapter.
(Ord. No. 1253-07. Passed 11-19-07, eff. 11-21-07)
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