(a) For the purposes of this section the following terms are defined:
HAZARDOUS MATERIAL. Any quantity, group, form or class of material designated as hazardous material in any official publication of the Secretary of Transportation of the United States under the authority of 27 U.S.C.A. § 1803 (1976), as amended, including any such publication issued after the effective date of this section.
REQUIRING PLACARDS. That the material to be transported is hazardous and is in sufficient quantity to require placarding in accordance with the Department of Transportation Hazardous Materials Regulations (49 U.S.C.A. §§ 1801 et seq. (1976)) or in accordance with the Tex. Revised Civil Statutes Article 6701d, § 139, as amended, or regulations promulgated under the authority of such § 139, as amended.
TRANSPORT. To move any motor vehicle requiring placards upon any public street or highway.
(b) No person shall knowingly transport hazardous materials or knowingly cause hazardous materials to be transported upon any public street within the corporate limits of the city, except upon the following:
(1) That portion of Interstate Highway 820 and Interstate Highway 20 lying within the corporate limits of the city;
(2) That portion of any state or federal highway running outward from Interstate Highway 820 or Interstate Highway 20 to the corporate limits of the City of Fort Worth, Texas; and
(3) Any other street or thoroughfare posted by the traffic engineer of the city with signs stating.
“HAZARDOUS MATERIAL ROUTE.”
(c) It shall be a defense to prosecutions under subsection (b) of this section that the transporting vehicle was empty.
(d) It shall be a defense to prosecutions under subsection (b) of this section that such transportation was to a point of destination within the corporate limits of the city or was from a point of origin within the corporate limits of the city, or both, and that no portion of such transportation was in violation of §§ 22-112 and 22-113, as amended, of this code.
(e) The operator of a vehicle that is used for transport of hazardous materials requiring placards shall before operations, inspect such vehicle and determine that:
(1) Brakes are in good working condition;
(2) Steering mechanism is in good working condition;
(3) All electrician wiring is well insulated and firmly secured;
(4) The vehicle is in a safe condition to transport hazardous materials; and
(5) All emergency features on bulk transport carriers are installed and operative as outlined in U. S. Department of Transportation specifications and requirements.
(f) It shall be presumed for purposes of prosecution under this section that a transporting vehicle contains hazardous materials if it bears a placard.
(g) Both the bureau of fire prevention of the city and the city’s police department are expressly authorized to enforce the provisions of this section.
(1964 Code, § 26-78) (Ord. 7889, § 2, passed 3-6-1979)
Cross-reference:
Health and sanitation, see Ch. 16