HomeMy WebLinkAbout096 - 07/15/1986 - AMENDING CITY CODE ADOPTING REGULATIONS CONCERNING THE TRANSPORTATION OF HAZARDOUS AND RADIOACTIVE M ORDINANCE NO. 96, 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING REGULATIONS CONCERNING THE
TRANSPORTATION OF HAZARDOUS AND RADIOACTIVE MATERIALS
BY MOTOR VEHICLE
WHEREAS, the Council of the City of Fort Collins deems it necessary
to regulate the transportation of hazardous and radioactive materials by
motor vehicle within the City of Fort Collins in order to lessen the
likelihood and effect of a hazardous or radioactive materials incident
occurring within the City; and
WHEREAS, this Ordinance has been adopted through a procedure which
considered the Ordinance's effect on other jurisdictions and permitted all
affected jurisdictions to participate in the adoption process; and
WHEREAS, the provisions of this Ordinance will enhance the safety of
the citizens of Fort Collins as well as overall public safety by routing
the transportation of hazardous and radioactive materials by motor vehicle
away from heavily populated areas; and
WHEREAS, the provisions of this Ordinance do not impose an unnecessary
burden on interstate or intrastate commerce.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1 . That Chapter 58 of the Code of the City of Fort Collins is
hereby adopted as follows:
Chapter 58 - Hazardous and radioactive materials transportation.
Section 58-1. Legislative intent.
In order to serve the public health, safety and general
welfare, it is the declared purpose of this chapter to prohibit,
to the extent permitted by law, the transportation of hazardous
and radioactive materials by motor vehicle within the City of
Fort Collins, a heavily populated area, except for the purpose of
making pickups and/or deliveries within the City.
Section 58-2. Definitions.
As used in this chapter, the following terms shall have the
meanings indicated:
RADIOACTIVE MATERIAL - means any material defined as a
radioactive material in 49 CFR 173.403 but does not include
nuclear materials as defined in Article 2.2 of Title 40,
C.R.S.
TRANSPORTER - includes the driver of a motor vehicle and his
or her employer.
Section 58-3. Adoption of Federal rules and regulations.
The following portions of the Code of Federal Regulations are
hereby adopted and shall be in full force and effect within the
City of Fort Collins. Such regulations or any part thereof shall
automatically be amended, modified or repealed without further
action by the City Council whenever the corresponding federal
provisions are amended, modified or repealed:
A. Code of Federal Regulations, Title 49, Parts
101 - 173 , 177 and 178 of the Department of
Transportation Regulations, as from time to time
amended, relating to packaging, marking, labeling,
loading, placarding and transportation of hazardous
materials, as such materials are defined therein.
B. Code of Federal Regulations, Title 49, Parts
390-397 of the Federal Motor Carrier Safety
Regulations, as from time to time amended, relating to
the safe operation and maintenance of motor vehicles by
motor carriers.
C. Code of Federal Regulations, Title 10, Part 71 of
the Nuclear Regulatory Commission Regulations, as from
time to time amended, relating to the packaging and
transportation of radioactive materials.
Section 58-4. Restrictions on transportation of hazardous and
radioactive materials by motor vehicles.
A. Hazardous materials required to be placarded under
49 CFR Part 172, as amended, may not be transported by
motor vehicle within the City of Fort Collins by any
person except for the purpose of making pickups and/or
deliveries within the City; provided, however, that if
the Chief of Police designates a route within the City
for the transportation of such materials, such route
may be used.
B. Radioactive materials subject to regulation under
10 CFR 71.5, as amended, may not be transported by
motor vehicle within the City of Fort Collins by any
person except for the purpose of making pickups and/or
deliveries within the City unless such routing is
consistent with the requirements set forth in 49 CFR
177.825; provided, however, that if the Chief of Police
designates a route within the City for the
transportation of such materials, such route may be
used.
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C. If no practicable alternative route exists, a
transporter subject to the provisions of subsections A
or B, above, may apply for an exemption pursuant to
Section 58-5.
D. Motor vehicles carrying such hazardous and
radioactive materials which are making local pickups
and/or deliveries must be operated over the safest and
most direct route to and from the origination or
destination point. Such routes shall not pass through
residential areas unless there is no practicable
alternative. In all instances, such vehicles shall
comply with local truck routing and weight limitation
restrictions and prohibitions.
E. Signs shall be posted on all major streets leading
into the City at or near the City limits giving notice
of the restrictions on the transportation of hazardous
and radioactive materials by motor vehicle within the
City imposed by Sections 58-4A and 58-4B, above.
Section 58-5. Exemptions.
A. The provisions of this chapter shall not apply to
farm machinery which is exempted from registration
requirements pursuant to Section 42-3-102, C.R.S. , or
agricultural distribution equipment attached to or
conveyed by such farm machinery, except for those
provisions relating to the placarding of loads, spills,
and operation of motor vehicles as set out in Section
58-6, and except when such vehicles are used in
furtherance of any commercial business other than
agriculture.
B. The provisions of this chapter shall not apply to
any vehicle transporting gasoline or diesel fuel in
tank(s) with a capacity of one hundred and ten (110) U.
S. gallons or less, except for those provisions
relating to the placarding of loads, spills, and
operation of motor vehicles as set out in Section 58-6.
However, the provisions of this chapter shall apply to
any such vehicle if it is also transporting hazardous
and radioactive materials in amounts which require
placarding.
C. Application may be made to the Chief of Police of
the City for an exemption from the provisions of
Sections 58-4A or 58-4B where no practicable
alternative exists to the transporter's preferred route
through the City of Fort Collins. Application for an
exemption shall be made on forms provided by the City.
The burden of proving that no practicable alternative
exists shall be on the applicant . Operating
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convenience is not a basis for determining that there
is no practicable alternative. Exemptions may be
requested on a single trip or annual basis .
Applications for exemptions shall be acted on by the
Chief of Police or his designee within thirty (30) days
of receipt of the same. The decision of the Chief of
Police or his designee shall be final . Written notice
of approval or denial of the application shall be given
to the applicant. If the application is approved, an
exemption document shall be issued, stating the name of
the applicant, the expiration date of the exemption,
the authorized route, a general description of the
categories of materials likely to be transported and
any other relevant information. A copy of the
exemption must be carried by the transporter while
passing through the City pursuant to such exemption.
Notwithstanding the fact that an exemption has been
granted, transporters shall comply with the remaining
provisions of this chapter, including Section 58-4D.
In the event of any violation of this chapter by such
transporters, the granting of an exemption may be
suspended or revoked by the Chief of Police by giving
written notice of the terms thereof to the applicant.
D. The Chief of Police or his designee may temporarily
exempt all motor vehicles from the provisions of
Sections 58-4A or 58-4B when, in the opinion of the
Chief, no practicable alternative exists to a route
through the City of Fort Collins due to road, weather,
traffic or other hazardous conditions on routes which
would otherwise be practicable alternatives. Such an
exemption shall be granted for a specific period of
time and notice thereof shall be given to the public in
the manner specified in Section 58-8.
Section 58-6. Operation of motor vehicles carrying hazardous and
radioactive materials.
The following requirements shall apply to motor vehicle
transportation within the City of hazardous materials required to
be placarded under 49 CFR Part 172, as amended, and radioactive
materials subject to regulation under 10 CFR 71.5, as amended:
A. Traffic and parking violations by transporters of
hazardous and radioactive materials shall be treated as
violations of the rules and regulations of this chapter
and shall be subject to the fine schedule for hazardous
and radioactive material transportation violations
adopted by the Fort Collins Municipal Court.
B. Transporters of hazardous and radioactive materials
shall operate their motor vehicles at all times with
their headlights illuminated.
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C. Transporters of hazardous and radioactive materials
shall not create a hazard to the public by the location
or condition of their motor vehicles which contain such
materials.
Section 58-7. Reporting requirements.
Incidents involving hazardous and radioactive materials are
required to be reported immediately to the Poudre Fire Authority
by the transporter by telephone using the 911 number or by any
other effective means. The Fire Chief shall file a standing
request with the Office of Hazardous Materials Transportation of
the Research and Special Programs Administration, United States
Department of Transportation for routine mailing to the Poudre
Fire Authority of a copy of the written report required by 49 CFR
171 . 16.
Section 58-8. Suspension of motor vehicle operations.
The Chief of Police or his designee may temporarily suspend
the operation within the City of some or all motor vehicles
carrying hazardous and radioactive materials whenever road,
weather, traffic or other hazardous circumstances warrant that
action. In such event, the City shall immediately endeavor to
notify the public of the same by one or more of the following
means of communication: newspaper, television, radio, or
notification to appropriate law enforcement agencies. Written
confirmation of such action will be provided by the City upon
request.
Section 58-9. Discharging hazardous and radioactive materials.
Transporters of hazardous and radioactive materials shall not
permit or cause to be permitted the discharge of such 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 .
Section 58-10. Authority to inspect and direct disposition of
certain motor vehicles.
The law enforcement officers of the Police Department of the
City are hereby authorized to inspect any motor vehicle and the
shipping records carried thereon when such vehicle is
transporting hazardous or radioactive materials on the streets or
highways within the City and, further, to immobilize, impound or
otherwise direct the disposition of such motor vehicles when the
officer deems that the motor vehicles or the operation thereof is
unsafe and when such immobilization, impoundment or disposition
is appropriate under or required by the provisions of this
chapter.
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Section 58-11. Violations and penalty.
Any person who shall violate any of the provisions of this
chapter or the rules and regulations adopted herein, as amended,
or who shall fail to comply with any of said provisions or who
shall violate or fail to comply with any orders made thereunder
shall , severally and for each and every violation, be guilty of a
misdemeanor punishable by a fine or by imprisonment or both in
the amounts stated in Section 1-23 of the Code of the City of
Fort Collins. The imposition of a penalty for any violation
shall not excuse the violation or permit it to continue, and all
persons shall be required to correct or remedy the violations or
defects within a reasonable time, and, when not otherwise
specified, each day that prohibited conditions are maintained
shall constitute a separate offense.
Section 2. Severability.
The City Council hereby declares that should any section, paragraph,
sentence, word or other portion of this Ordinance or the rules and
regulations adopted herein be declared invalid for any reason, such
invalidity shall not affect any other portion of this Ordinance or said
rules and regulations, and the City Council hereby declares that it would
have passed all other portions of this Ordinance and adopted all other
portions of said rules and regulations, independent of the elimination
herefrom of any such portion which may be declared invalid.
Section 3. Effective Date.
This ordinance shall become effective on October 1, 1986.
Introduced, considered favorably on first reading, and ordered
published this 1st day of July, A.O. 1986 and to be presented for final
passage on the 15th day of July, A.D. 1986.
Mayor
ATT S
City Clerk
Passed and adopted on final reading this 15th day of July, A.D. 1986.
ATTEST: Mayor
City Clerk
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