(a) Scope. Every motor vehicle transporting explosives, as defined in Ohio R.C. 3743.01(A), shall be operated in compliance with this section unless Federal or State laws and regulations impose a greater affirmative obligation or a greater restraint, or unless compliance with this section would prevent full compliance with Federal or State laws or regulations by persons subject thereto.
(b) General Requirements. Any person operating any vehicle transporting explosives within the City shall at all times comply with the following requirements:
(1) Such vehicle shall be marked or placarded on each side and on the rear with the word “EXPLOSIVES” in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word “DANGER” in white letters six inches high.
(2) Such vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at convenient points on such vehicle.
(3) The vehicle shall be driven only upon designated State or Federal routes except when delivering or receiving explosives off such truck routes, in which event the vehicle shall be driven upon a route prearranged with the Chief of Police to avoid, whenever possible, congested streets, heavy traffic, bus routes, viaducts, dangerous crossings and any dwellings, buildings or places where persons work, congregate or assemble.
(4) Except when passing, the vehicle shall be kept at least 300 feet behind other motor vehicles transporting explosives moving in the same direction.
(5) The vehicle shall not be driven near fires of any kind burning on or near a street until passage can be made safely.
(c) Attendance. When transporting explosives the vehicle shall be attended by a competent person whose primary duty is to attend the vehicle. Such person shall be within sight of and in close proximity to the vehicle and shall have on his person the appropriate keys for starting the vehicle. Vehicles are deemed unattended when left inc are of a person on duty in the regular course of another business such as service station attendants, motel operators or merchant patrolmen. The Division of Police is hereby authorized to move unattended vehicles to a safe place and to enter premises at any time to remove an unattended vehicle loaded with explosives.
(d) Parking and Stopping.
(1) Except as provided in this section, no person may park a vehicle loaded with explosives in the City for any purpose, and no person may stop such a vehicle for any reason except momentarily to comply with moving traffic laws.
(2) A person may park an attended vehicle for the sole purpose of, and while physically engaged in, loading or unloading explosives from the vehicle, or changing drivers.
(3) No person may refuel a vehicle within the City except in extreme emergency and then only with enough fuel to enable it to proceed to the first refueling point beyond the City. The engine of the vehicle shall be stopped during refueling.
(e) Disabled Vehicles.
(1) If a vehicle transporting explosives is disabled, the driver shall immediately cause notice to be given to the Divisions of Police and Fire.
(2) The Fire Chief shall determine whether or not the vehicle may be moved, and where it may be repaired when loaded.
(3) If the disabled vehicle is moved when loaded with explosives, it shall be moved with a police escort to a location where repairs can be made without endangering life or property.
(4) If transfer of the explosives is imperative, persons making the transfer shall employ adequate safety measures under the supervision of the Divisions of Fire and Police.
(Ord. 68-6. Passed 6-4-68.)
(Ord. 68-6. Passed 6-4-68.)
(f) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree.