343.04 ISSUANCE OF PERMIT.

   (a)    The Chief of Police, or his designated representative, shall not issue a permit to any person for the shipment or transportation of those radioactive materials specified in Section 343.02, unless:

      (1)    The information furnished pursuant to Section 343.03 shows that the radioactive material has been or shall be containerized and packaged, and all warning labels affixed to the outer container holding the radioactive material and the motor vehicle transporting such material, in conformity with the regulations of the United States Department of Transportation, the United States Nuclear Regulatory Commission and other Federal or State agencies having regulatory jurisdiction. This requirement shall be applicable whether the shipment is being made intracity, intrastate or interstate; and

      (2)    The information furnished pursuant to Section 343.03 shows that the shipment or transportation of radioactive materials is necessitated by urgent public policy or national security interests transcending local public safety and health concerns of the City. For the purpose of this section:

         A.    An "urgent public policy" shall include medical and educational interests.

         B.    An "urgent public policy" shall not include interests other than medical and educational interests, unless a shipment is expressly authorized in writing by the United States Department of Transportation, or by other Federal or State agency having jurisdiction to authorize and/or regulate such shipments. Such authorization shall state that the particular interest involved is, in the opinion of the agency, permitted by Federal or State regulations pertaining to the shipment or transportation of radioactive materials, and that the interest involved justifies the apparent risks resulting from such shipment or transportation.

   (b)    Radioactive materials which are permitted to be shipped or transferred through the City pursuant to this chapter shall be shipped or transported through the City over such route or routes, at such time or times of the day, consistent with the public health, safety and welfare as the Chief of Police or his designated representative may direct.

(Ord. 12-1979. Passed 3-13-79.)