(a) No person shall operate a motor vehicle containing hazardous materials over routes which are located within the limits of the village, unless there is no practicable alternative.
(b) Operating convenience shall not be a basis for determining whether it is practicable to operate a motor vehicle in accordance with subsection (a) hereof.
(c) Hazardous material means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce. 49 USCS, Section 1802.
(d) (1) In addition to the criminal penalty provided by subsection (c) hereof, in the event of a hazardous materials incident, as described in 49 CFR, Section 171.16 requiring the response of the Fire Department and/or others to control said incident, the transporter shall be liable to the village for the payment of all costs and expenses incurred in and about the use of employees, apparatus and materials in the control and/or neutralization of said incident. The amount of such costs and expenses shall be determined by the Village Administrator and shall be collected by him in a civil action wherein the Village shall be plaintiff and the transporter shall be defendant. This responsibility is not conditioned upon evidence of willfulness or negligence on the part of the transporter.
(2) This section shall apply only if the transporter is in violation of the provisions of this section.
(e) Any person who violates any provision of this section shall be deemed guilty of a misdemeanor of the first degree. Each violation shall be treated separately. When a violation is a continuing one, each day of the violation shall constitute a separate offense.
(Ord. C-6-92-2. Passed 6-8-92.)