(a) The Fire Chief or his or her 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, United States Nuclear Regulatory Commission or other related Federal or State agencies, regardless of whether 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 Fire Chief or his or her 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 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, 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 Fire Chief or his or her designated representative may direct.
(c) Whoever violates or fails to comply with this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 408.01.
(Ord. 78-96. Passed 1-15-79.)