(a) In the event of a hazardous materials incident, as described in 49 Code of Federal Regulations §171.16, which is incorporated by reference herein, requiring the response of the Fire Department and/or others in the service of the City to control such incident and/or clean and dispose of the material and equipment, the transporter of such material shall be liable to the City for the payment of all costs and expenses incurred in connection with and reasonably related to the use of employees, apparatus and materials in the control and/or neutralization of and/or clean up and disposal from the incident. The amount of such costs and expenses shall be determined by the Director of Public Safety and shall be collected by him in a civil action wherein the City 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.
(Ord. 52-1988. Passed 4-12-88.)
(b) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.