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Home My WebLink AboutOrdinance 7889 ORDINANCE NO. z"i 1 AN ORDINANCE AMENDING CHAPTER 15, "FIRE CODE, " OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY REPEALING SUBSECTION (G) OF SECTION 15-103, AS AMENDED, AND AMENDING CHAPTER 26, "MOTOR VEHICLES AND TRAFFIC, " OF THE CODE OF THE CITY OF FORT WORTH (1964) BY ENACTING SECTION 26-78, PROVIDING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS MATERIALS UPON CERTAIN ROUTES AND EXCLUDING THE TRANSPOR- TATION OF SAME UPON CERTAIN ROUTES IN THE CITY OF FORT WORTH, AND PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A PENALTY CLAUSE, AND FURTHER PROVIDING FOR PUBLICATION, ENGROSS- MENT, FILING, REPEAL, AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Subsection (G) of Section 15-103 of the Code of the City of Fort Worth (1964) , as amended, be and the same is, hereby repealed. SECTION 2. That Chapter 26 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is, hereby amended by the addition of a new section, to wit: Section 26-78, and said section shall hereafter be and read as follows: "Section 26-78. Transportation of hazardous materials. "A. For the purposes of this section the following terms are defined: "l. 'Hazardous material' means any quantity, group, form, or class of material designated as hazardous material in any official publication of the Secretary of Transportation of the United States under the authority of 27 U.S.C.A. Section 1803 (1976) , as amended, including any such publication issued after the effective date of this ordinance. "2 . 'Requiring placards' means that the material to be transported is hazardous and is in sufficient quantity to require placarding in accordance with Department of Transportation Hazardous Materials Regulations (49 U.S.C.A. Section 1801, et seq (1976) ) , or in accordance with TEX.REV.CIV.STAT. Art. 6701d, Sec. 139, as amended, or regulations promulgated under the authority of said Sec. 139, as amended. "3. 'Transport' shall mean to move any motor vehicle requiring placards upon any public street or highway. "B. No person shall knowingly transport hazardous materials or knowingly cause hazardous materials to be transported upon any public street within the corporate limits of the City of Fort Worth, Tdxas, except upon the following: "l. That portion of Interstate Highway 820 lying within the corporate limits of the City of Fort Worth, Texas. "2. That portion of any state or federal highway running outward from Interstate Highway 820 to the corporate limits of the City of Fort Worth, Texas. "3. Until that part of Interstate Highway 820 between the West Freeway (Interstate Highway 30) and the South Freeway (Interstate Highway 35W) is completed and opened for traffic, the following streets: "a. The West Freeway (Interstate Highway 30) from its place of intersection with Interstate Highway 820 to its place of intersection with Alta Mere Boulevard. "b. Alta Mere Boulevard from its place of intersection with the West Freeway (Inter- state Highway 30) to its place of intersection with the Weatherford Traffic Circle. "c. The Weatherford Traffic Circle. "d. Southwest Boulevard. "e. United States Highway 377 from its place of intersection with the Weatherford Traffic Circle southwesterly to its point of intersection with the corporate limits of the City of Fort Worth, Texas. "4. Any other street or thoroughfare posted by the Traffic Engineer of the City of Fort Worth with signs stating 'HAZARDOUS MATERIALS ROUTE. ' I.C. It shall be a defense to prosecutions under Subsection B of this Section that the transporting vehicle was empty. "D. It shall be a defense to prosecutions under Subsection B of this Section that such transportation was to a point of destination within the corporate limits of the City of Fort Worth or was from a point of origin within the corporate limits of the City of Fort Worth, or both, and that no portion of such transportation was in violation of Sections 26-74 and 26-75, as amended, of this Code. "E. The operator of a vehicle that is used for transport of hazardous materials requiring placards shall before operations, inspect such vehicle and determine that: "l. Brakes are in good working condition. "2. Steering mechanism is in good working condition. "3. All electrical wiring is well insulated and firmly secured. "4. The vehicle is in a safe condition to transport hazardous materials. -2- "5. All emergency features on bulk transport carriers are installed and operative as outlined in U. S. Department of Transportation specifications and requirements. "F. It shall be presumed for purposes of prosecution under this section that a transporting vehicle contains hazardous materials if it bears a placard. "G. Both the Bureau of Fire Prevention of the City of Fort Worth and the Fort Worth Police Department are expressly authorized to enforce the provisions of this section. " SECTION 3. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964) , as amended, affecting explosives and hazardous materials, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 15 of the Code of the City of Fort Worth (1964) , as amended, and of any other ordinance affecting explosives and hazardous materials, which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness -3- or unconstitutionality shall not affect any of the remaining clauses, phrases, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That the City Secretary of the City of Fort Worth is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and this ordinance as so published shall be admissible in evidence in all courts without further proof than the production of said pamphlet, as provided in Section 3,Chapter XXVI of the Charter of the City of Fort Worth. SECTION 7 . That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION 8. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of said City. SECTION 9. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . -4- SECTION 10. That this ordinance shall be in full force and effect from and after the date of its passage and publications as required by law and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Kit City Attorney ADOPTED: M AfZ GH (ea. I '1 ?9 EFFECTIVE -5- 6 �. BROWN City of Fort Worth., Texas VERCHERT HICKS /� / �/� �y j /�j� ,�1 BAILIFF *4, ayor and Council Communication uU( ication SMITH !' li NIMES DATE REFERENCE SUBJECT: Ordinance Restricting Transport PAGE fL NUMBER of Flammables and Hazardous Materials 1 FROSECUTI G ATU"79 G-4091 Within the City of Fort Worth 1 of - This attached ordinance is designed to assist in reducing the hazard caused by transport of flammable and hazardous materials within the City of Fort Worth. The ordinance require routing of all such vehicular traffic around the perimeter of the City unless the vehicle is originating or terminating within the City. Those operations originating or terminating within the City limits will be required to follow commercial delivery routes. Specific concern has been expressed over the transportation of radioactive materials within the City. Nuclear waste and radioactive materials are listed in U. S. Secretary of Transportation publications as being hazardous and would be subject to the procedures established by this ordinance in Subsection D. 1, a. Routes within the City to be followed by through traffic of this type will be designated by street markers and highway signs. Local trucking companies will be notified by City staff of the provisions of this ordinance. Recommendation It is recommended that the City Council approve the attached ordinance. MCM:jc Attachment SUBMITTED FOR T DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY: + f] APPROVED '. L ORIGINATING _ DEPARTMENT HEAD: Fred Keish P"!'��"' ".�" �� SECRETARY FOR ADDITIONAL INFORMATION Fred Keish _/f CONTACT: DATE