HomeMy WebLinkAboutOrdinance - 9889-1996 - Amending Chapter 16 Regard Hazardous Material. - 03/14/1996'tt ! ! First Reading ) i March 14, 1996
; J. Item if 20
Second Reading
March 28, 1996
Item 1J8
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'I ORDINANCE NO. 9889 ------
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO HAZARDOUS MATERIALS
TRANSPORTATION ROUTES; DEFINITIONS; PURPOSE; HAZARDOUS MATERIALS
TRANSPORTATION ROUTES; PARKING; DEFENSES; VIOLATIONS AND PENALTIES;
LIABILITY FOR SPILLS; CONFLICT WITH OTHER LAWS; SEVERABILITY; AND
. PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas, deems it in the best interest
of the health, safety and welfare of the citizens of Lubbock to make the following amendments to
Chapter 16 of the Code of Ordinances of the City of Lubbock with regard to hazardous materials
transportation routes; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended
by adding Sections 16-46 through 16-54, and is to read as follows:
Section 16-46. Definitions.
Hazardous Material -means any material defined as a "hazardous material"
pursuant to 49 C.F.R. 171.8 (1994) or any amendments thereto.
Motor Vehicle -includes a vehicle, machine, tractor, trailer, or semi-trailer, or any
combination thereof propelled or drawn by mechanical power and used upon the
highways in the transportation of passengers or property. It does not include a
vehicle, locomotive, or car operated exclusively on a rail or rails.
Requirinfl Placards -shall mean that the materials to be transported are hazardous
materials and are in sufficient quantity to require placarding in accordance with
the Department of Transportation Hazardous Material Regulations (49 U.S.C.S. §
1801, et seq.) (1990) (Supp. 1994) and 49 C.F.R. 172.500 (1994) or any
amendments thereto.
Transport -shall mean to move any motor vehicle requiring placards upon any
public street or highway.
Section 16-4 7. Purpose
It is the intent and purpose of this Chapter to safeguard life, health and
property from the hazards of fire, explosion or other emergencies arising from
the transportation of hazardous materials through the City of Lubbock.
Section 16-48. Hazardous Materials Transportation Routes.
(A) No person operating a motor vehicle requiring placards shall
transport hazardous materials or cause hazardous materials to be
transported upon any public street within the corporate limits of the
City, except upon the following roads:
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(B)
(C)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
that portion of Interstate 27 lying within the corporate
limits of the City of Lubbock, excluding the 1-27 access
roads;
that portion of U.S. 87 beginning at the south corporate city
limits until U.S. 87 joins Interstate 27;
all of Loop 289, excluding that portion lying between the
intersection with South 1-27 and proceeding westbound
until Loop 289 intersects with U.S. 62/82, and also
excluding the Loop 289 access roads;
that portion of U.S. 62/82 beginning at the Southwest
corporate limits of the City of Lubbock and proceeding
Northeast until U.S. 62/82 intersects with Loop 289;
that portion of U.S. 62/82 beginning at the Northeast
corporate limits of the City of Lubbock and proceeding
Southwest until U.S. 62/82 intersects with Loop 289;
that portion of U.S. 84 beginning at the Southeast corporate
limits of the City of Lubbock and proceeding Northwest
until U.S. 84 intersects with Loop 289;
that portion of U.S. 84 beginning at the Northwest
corporate limits of the City of Lubbock and proceeding
Southeast until U.S. 84 intersects with Loop 289;
that portion of State Highway 114 beginning at the West
corporate limits of the City of Lubbock and proceeding
East until State Highway 114 intersects with West Loop
289.
It shall be presumed for purposes of prosecution under this Section
that a motor vehicle contains hazardous materials if it is placarded
in accordance with the United States Department of
Transportation's Hazardous Material Regulations.
The fire marshal's office, fire department, and the city's police
department are expressly authorized to enforce the provisions of
Section 16-46 through 16-54.
Section 16-49. Parking.
No motor vehicle requiring placards may park or stand at any location
within the City of Lubbock except as authorized by Section 16-50. Any such
vehicle so parked is hereby declared to be a hazard to the public health and safety
and may be towed from its location to a place of decreased hazard at the
operator's expense, or detained at the operator's expense.
Section 16-50 -Defenses.
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It shall be a defense to prosecution for violations of this Chapter for the
following reasons:
(1)
(2)
(3)
(4)
(5)
(6)
that the motor vehicle requiring placards was parked for purposes
of loading or unloading.
that the motor vehicle requiring placards has stopped for refueling,
repairing or is proceeding directly to refuel or repair from a
designated hazardous materials route.
that the motor vehicle requiring placards becomes out of repair and
must stop.
that the motor vehicle requiring placards stops at a commercial
truck stop or is proceeding directly to a commercial truck stop
from a designated hazardous materials route. Stops at commercial
truck stops shall not exceed ninety (90) minutes, except for
purposes of repair.
that the motor vehicle requiring placards was empty and not
transporting hazardous materials that would require placards.
that such motor vehicle requiring placards was traveling directly to
a cargo delivery or pickup point within the corporate limits of the
city or was traveling directly from a cargo delivery or pickup point
within the corporate limits of the city, or both.
Section 16-51. Violations and Penalties.
Violations of any of the provisions of this article shall constitute an offense
punishable by a fine not to exceed TWO THOUSAND AND NO/I 00 DOLLARS
($2000.00).
Section 16-52. Liability for Spills
In the event of a hazardous materials spill or other incident requiring the response
of emergency personnel and others to control such incident, the transporter shall be liable
to the City for all costs and expenses which it incurs by the use of employees, apparatus
and materials in the control and neutralization of the spill or other incident. This section
applies to all hazardous materials being transported through or within the City of
Lubbock.
Section 16-53. Conflict With Other Laws.
To the extent that any provision of the chapter is in conflict with or is preempted
by any state or federal statute or regulation, the state or federal regulation shaU prevail.
Section 16-54. Severability.
If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not effect the validity of
the remaining portions of this chapter.
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SECTION 2. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication
, provided by law.
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ATTEST: ~
I R
~J&hnson,7iysecretary
APPROVED AS TO CONTENT:
oW\AD~
Dan Dennison, Environmental
Compliance Coordinator
JH:vl/HAZARD.ORD
ccdocs/December 26, 1995
AND IT IS SO ORDERED.
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----HO __ ..... at Lubbock County, Texas and the attached print-
.~...,...~~t-,I\J-&1At,.,.;,---"-jr---...1.S a true copy of the original and was printed in the Lubbock
TELEMARKETING MANAGER
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
NOTARY PUBLIC in and the State of Texas
My Commission Expires .................. ___ _
Subscribed and sworn to before me thi ... s __ q _____ _...day o[ /Jpo (
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