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The city assumes from the state fire marshal all jurisdiction to prescribe minimum standards for fire prevention throughout the territorial jurisdiction of the city, except with respect to state- or county-owned and operated buildings and public schools, wherever located therein.
(Ord. No. 6031, § 1, 6-11-84)
Hazardous materials required to be placarded under 49 C.F.R. part 172, as amended, and radioactive materials subject to regulation under 10 C.F.R. section 71.5, as amended, may not be transported within the city except on truck routes as established by section 20-15 of this Code, notwithstanding the fact that the transporting vehicle does not exceed minimum qualifying weights or sizes as set out in that section.
(Ord. No. 6581, § 4, 12-8-86)
(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)
(a) A permit appeal board shall be established and maintained. The permit appeal board shall consist of one (1) representative each from:
(1) The police department;
(2) The fire department; and
(3) The risk management division.
However, in no instance may the person who initiated the permit denial, revocation or suspension serve on the board as it hears and decides the appeal of said action. Meetings of the permit appeal board may be chaired by any of its members.
(b) Any person denied a permit pursuant to the provisions of this chapter or whose permit has been suspended, revoked or not renewed, may appeal in writing to the permit appeal board within ten (10) days from said action, stating reasons why the action was improper. The permit appeal board shall hear the appeal on its merits not less than seven (7) nor more than thirty (30) days following the filing of the appeal. The permit appeal board may uphold, modify or reverse the previous action; and its decision shall be binding on the applicant.
(Ord. No. 6581, § 4, 12-8-86)
(a) Along with the application for a permit for hazardous transport, the applicant shall submit a fee. That fee shall be based upon the number of vehicles the applicant intends or expects to use to transport hazardous materials in or through the city during the coming twelve (12) months and shall be calculated using a fee schedule which shall be promulgated, adopted and updated by the fire chief in consultation with the police chief.
(b) The fee schedule shall reflect the costs of administering this permit program and of establishing and maintaining hazardous materials transportation emergency response capabilities and may also reflect the relative hazard and potential risk to the public of hazardous cargoes to be transported within the city based on volume, toxicity, combustion potential and other risk factors which may be deemed appropriate.
(c) The full fee shall be refunded to the applicant immediately upon denial of a permit application. The applicant shall resubmit the full fee along with the applicant's written appeal of such a permit denial should the applicant wish to appeal. The full fee shall be refunded to the applicant immediately upon a decision of the permit appeal board upholding a decision to deny a permit.
(Ord. No. 6581, § 4, 12-8-86)
The following requirements shall apply to motor vehicle transportation within the city of hazardous materials required to be placarded under title 49 of the Code of Federal Regulations, as amended, and radioactive materials subject to regulation under 10 C.F.R. section 71.5, as amended:
(a) Vehicles transporting hazardous materials shall operate at all times with their headlights and taillights on and in good repair.
(b) Transporters of hazardous material shall not permit or cause to be permitted the discharge of hazardous materials into or upon any street, highway, sanitary sewer, drainage canal or ditch, storm drain or flood control channel, or upon the ground, including private property, except when such discharge is expressly permitted by the property owner and is otherwise legal.
(c) Transporters of hazardous material shall not create a hazard to the public by the location or condition of their vehicles which contain hazardous materials.
(d) Transporters of hazardous materials shall prominently display upon any vehicle used to transport hazardous materials such proof of payment of applicable city fees as required by the fire chief.
(e) A judgment of violation established pursuant to procedures set out in chapter 28, for transporting hazardous materials within or through the city without first obtaining a permit as required by this chapter, shall be punished by a minimum mandatory fine of one hundred dollars ($100.00) for a first offense, two hundred fifty dollars ($250.00) for a second offense and five hundred dollars ($500.00) for each subsequent offense committed thereafter by that same person. It shall be no defense under this section that the person cited for failure to obtain a permit has, since the time of that citation, obtained the appropriate permit or, except as set out in subsection (g) of this section, that the vehicle and/or its load are owned by someone other than the driver of the vehicle.
(f) A judgment of violation, established pursuant to procedures set out in chapter 28, for transporting hazardous materials within or through the city after denial of a permit pursuant to subsection (d) of this section or during suspension or revocation of a permit as authorized in subsection (e) of this section, shall be punished by a minimum mandatory fine of five hundred dollars ($500.00). It shall be no defense under this section that the denial, revocation or suspension is under appeal or, except as set out in subsection (g) of this section, that the vehicle and/or its load are owned by someone other than the driver of the vehicle.
(g) The city may, at its sole discretion, issue citations or long-term complaints for transporting hazardous materials despite revocation or suspension of the requisite city permit or for transporting hazardous wastes without first obtaining a permit as required by this chapter to either the driver of the transporting vehicle or to an owner, lessee or other person responsible for the vehicle, or to both. In cases in which the city elects to cite only the driver of the transporting vehicle, that driver may be dismissed from the prosecution and relieved of any further responsibility to defend the charge or pay penalties if an owner, lessee or other party responsible for the transporting vehicle comes forward in a time, place and manner satisfactory to the city and concedes responsibility for the vehicle, its cargo and its location at the time of the cited offense and moves to be, and is, substituted for the driver as defendant in the prosecution.
(Ord. No. 6581, § 4, 12-8-86)
Cross reference – Operation of motor vehicles generally, § 20-135 et seq.
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