(a) A nontransferable permit for hazardous transport shall be required annually for each person who transports in commerce through the city any hazardous material, other than radioactive material, diesel fuel and gasoline, in quantities required to be placarded by title 49 of the Code of Federal Regulations. A permit for hazardous transport shall be required for gasoline or diesel fuel transported in quantities of one hundred eleven (111) gallons or more. A permit for hazardous transport shall expire one (1) year from the date it is issued.
(b) Any person required by this section to obtain a permit for hazardous transport shall apply to the fire chief for such a permit prior to the intended date of movement of hazardous material into, through or within the city. A permit application, in a form designated by the fire chief, in consultation with the police chief, shall include the following information:
(1) A description of the hazardous materials likely to be transported during the next twelve (12) months.
(2) Proof that the applicant has obtained liability insurance as required by 49 C.F.R. 387.
(3) A showing that the carrier or shipper has selected a route which complies with 49 C.F.R. 397.9, which requires that motor vehicles containing hazardous materials avoid routes through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets or alleys.
(4) Such other information as may be deemed necessary by the fire chief or the police chief.
(c) The fire chief may submit permit applications hereunder to the police chief for investigation.
(d) The fire chief shall deny the permit for hazardous transport if he determines that adequate emergency response capability does not exist in case of an accident with the material specified in the application or if he determines that the applicant's proposed transportation would for any reason violate applicable federal, state or local laws, regulations or standards relating to motor vehicle safety or to transportation of hazardous materials. A permit may only be denied for good cause shown after notice and opportunity for a hearing if requested by the applicant.
(e) The fire chief may suspend or revoke a permit for failure to comply with the rules and regulations promulgated pursuant to this chapter or for conviction of the permittee for the violation of any substantial federal, state or local law, regulation or standard relating to motor vehicle safety or to transportation of hazardous materials. For purposes of this subsection, "substantial federal, state or local law, regulation or standard" shall mean a law, regulation or standard the violation of which evidences as willful or reckless disregard for public safety. A permit may only be suspended or revoked for good cause shown after notice and opportunity for a hearing if requested by the permittee.
(f) The fire chief shall compile an annual summary, to be submitted to the mayor each July 1 of the permits of hazardous transportation issued during the preceding twelve (12) months and the revenues therefrom.
(Ord. No. 6581, § 4, 12-8-86)