670.04 ISSUANCE OF PERMIT; CONDITIONS.

   (a)    The Service Director, or his designated representative, shall not issue a permit to any person for the shipment or transportation of those radioactive materials specified in this chapter unless:

      (1)    There is a showing that the radioactive material has been or will be containerized and packaged and that all warning labels have been or will be 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 or other related Federal or State agencies, regardless of whether or not the shipment is being made intracity, intrastate or interstate; and

      (2)    There is a showing that the shipment or transportation of radioactive materials is necessitated by urgent public policy or national security interests transcending public safety and health concerns of the City. For the purposes of this section:

         A.    An "urgent public policy" includes medical and educational interests.

         B.    An "urgent public policy" does not include interests other than medical and educational interests, unless expressly authorized in writing by the United States Department of Transportation, or by any other appropriate Federal or State agency which may be required by the Service Director or his designated representative. 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 risk 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, or at such time or times of the day, consistent with the public health, safety and welfare and the convenience of the shipper or carrier, as the Service Director or his designated representative may direct.

   (c)    Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.
(Ord. 1978-63. Passed 12-19-78.)

EXHIBIT A

NOTICE FORM

(Section 670.03)

6675 Brecksville Road

Independence, Ohio 44131

Phone: [phone]

CERTIFICATE OF EMERGENCY TRANSPORT

FOR

SHIPMENT OF RADIOACTIVE MATERIAL

THROUGH THE CITY OF INDEPENDENCE

Name of Shipper:                Address of Shipper:

 

Name of Carrier:                Address of Carrier:

 

Name of Consignee:                Address of Consignee:

 

Point of Independence City Entry:          Designation in Independence City:

 

Point of Independence City Exit:          Date and Estimated Time of

                      Independence City Entry and Exit:

 

Material to be shipped - Description - Activity in Curies

 

Date of Authorization             Name of Authorizing Official