City of New Haven, Indiana

                     CHAPTER 75:  HAZARDOUS MATERIALS TRANSPORTATION

Section

75.01               Purpose

75.02               Definitions

75.03               Restriction of Transportation of Hazardous Materials

75.04               Operation of Motor Vehicles Transporting Hazardous Materials

75.05               Exceptions Granted by Board of Public Works and Safety

75.06               State and Federal Laws

75.07               Penalty

'75.01             PURPOSE

The purpose of this Chapter is to protect the public health, safety and welfare from the potential hazard of fire, explosion or exposure to toxic substances that accompanies hazardous materials by regulating the transportation of hazardous materials in and through the City of New Haven, Indiana.

[G-00-13, passed 12-12-00]

'75.02             DEFINITIONS

Hazardous Materials.  Materials required to be placarded by 49 CFR, Part 172, Subpart F--Placarding.

[G-00-13, passed 12-12-00]

'75.03             RESTRICTION OF TRANSPORTATION OF HAZARDOUS MATERIALS

(A)  Where there is neither a point of origin nor destination within the City of New Haven, transportation of hazardous materials shall be restricted to the following State and Federal highways:

(1)  Interstate 469

(2) Indiana Highway 930

(B)  Transportation of hazardous materials on New Haven streets, other than those listed in paragraph (A), is prohibited unless such cargo has a point of origin or destination within the City of New Haven.

(C)  Exceptions to the above restrictions will be made only upon application to the Board of Public Works and Safety in accordance with Section 75.05.

[G-00-13, passed 12-12-00]

'75.04 OPERATION OF MOTOR VEHICLES TRANSPORTING

HAZARDOUS MATERIALS

The following operating requirements shall apply to motor vehicle transportation within the City of New Haven:

(A)  Vehicles transporting hazardous materials shall obey all State and local traffic and parking regulations;

(B)  Vehicles transporting hazardous materials shall operate at all times with their headlights illuminated;

(C)  Transporters of hazardous materials shall not permit the discharge of hazardous materials into or upon any street, highway, sanitary sewer, drainage canal or ditch 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;

(D)  Transporters of hazardous materials shall not create a hazard to the public by the location or condition of their vehicles which contain hazardous materials.

[G-00-13, passed 12-12-00]

'75.05            EXCEPTIONS GRANTED BY BOARD OF PUBLIC WORKS AND SAFETY

(A)  Transporters, shippers, and receivers of hazardous materials may apply to the Board of Public Works and Safety for an exception to the requirements of Section 75.03.  An exception will be granted only where the following criteria are met:

(1)  Compelling need is shown--The applicant must show that transportation of the hazardous materials cannot be made by using the designated highway or alternative routes outside the City of New Haven; and

(2)  Transportation of the hazardous materials off of the designated route is in the public interest.

(B)  A request for an exception under this Section shall be filed with the Board of Public Works and Safety at the New Haven City Hall.

(C)  The Board of Public Works and Safety shall grant or deny requests for exception based on the criteria designated in paragraph (A).

[G-00-13, passed 12-12-00]