HomeMy WebLinkAboutORD 2023-28 - Material routingORDINANCE NO. =� - ZZ
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, ADDING CHAPTER 10.06 OF
THE CODE OF ORDINANCES RELATED TO NON-
RADIOACTIVE HAZARDOUS MATERIAL ROUTING
THROUGH AND IN THE CITY OF GEORGETOWN;
REPEALING SECTION 10.04.030; PROVIDING FOR A
PENALTY PURSUANT TO SECTION 10.06.130;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2017, the City of Georgetown as a member of the Capital Area
Metropolitan Planning Organization agreed to designate a routing for non -radioactive hazardous
materials through and in the City of Georgetown; and
WHEREAS, the Texas Department of Transportation requested that the City of
Georgetown designate certain highways based upon its approved non -radioactive hazardous
materials routes for Austin, Creedmoor, Georgetown, Hutto, Mustang Ridge, and Round Rock;
and
WHEREAS, the proposed Ordinance will designate SH 130 from 135 to the City limits
as the designated route for through traffic as requested by the Texas Department of Transportation
and provide for restrictions for any local deliveries within the City of Georgetown; and
WHEREAS, the City Council finds it to be in the best interest of the public to add Chapter
10.06 establishing non -radioactive hazardous material routing through and in the City of
Georgetown as set out herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
Section 3. Chapter 10.06 of the Code of Ordinances is hereby added as shown below/in
Exhibit A.
Section 4. Section 10.04.030 of the Code of Ordinances hereby repealed.
Ordinance Number: 2&L3 — VK Page 1 of 2
Description: Non -radioactive hazardous material routing
Date Approved: May 9, 2023
Section 5. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 6. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance, which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect ten (10) days after
publication in accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 2511 of April, 2023.
PASSED AND APPROVED on Second Reading on the 91 of May, 2023.
CITY OF (jrORGETOWN, TEXAS
Schroeder,
ATTEST:
Robyn Dens ore, City Secretary
APPROVED AS TO FORM:
S'k;e Nfasson, City Attorney
Ordinance Number: ? OZ 3 _ Z'!� Page 2 of 2
Description: Non -radioactive hazardous material routing
Date Approved: May 9, 2023
EXHIBIT A
Chapter 10.06 Non -radioactive Hazardous Materials (NRHM) Route
Sec. 10.06.010. - Applicability
This Chapter applies to the transportation of non -radioactive hazardous materials (NRHM) within
the corporate boundaries of the city.
Sec. 10.06.020. - Definitions
(a) Local delivery means delivery of NRHM material that originates within the corporate
boundaries of the city or is bound for delivery within the corporate boundaries of the
city.
(b) Non -radioactive hazardous materials (NRHM) means non -radioactive materials
classified as hazardous by the United States Department of Transportation.
(c) NRHM transportation means motor vehicle transportation of NRHM in such quantities
that the vehicle is required to carry and exhibit placards pursuant to the Code of Federal
Regulations.
(d) NRHM vehicle means a motor vehicle transporting NRHM subject to this division.
(e) Terminal, city means a business or location within the city corporate boundaries that
serves as a point of origination or receipt for shipments of NRHM.
(fJ Vehicle requiring placards means a NRHM vehicle transporting NRHM subject to this
division.
Sec. 10.06.030. - Transportation of NRHM
A person commits an offense if that person transports, contracts, arranges, or participates in
the transporting, contracting, or arranging the transporting of NRHM unless the destination or
point of departure is a city terminal and the transport is in compliance with this division.
Sec. 10.06.040. - Routes for local delivery
(a) While making local deliveries, a person commits an offense if that person shall fail to
use the safest route available by the use of the highest classified roadway as classified
in subsection (b) below, when a NRHM vehicle is carrying NRHM unless the
destination or point of departure is a city terminal and the transport is in compliance
with this division.
(b) The Federal Highway Administration (FHWA) classification of roadways from highest
to lowest is as follows:
(1) Designated interstate highway;
(2) Designated United States Highway;
(3) Designated state highway;
(4) Other designated freeways and expressways;
(5) Principal arterial street (roadways providing a high degree of mobility and
serving long distance trips);
(6) Minor arterial street (roadways serving moderate length trips);
(7) Collector street (roadways serving short length trips from arterial to local streets); and
(8) Local street (roadways providing the highest degree of access and lowest mobility).
Sec. 10.06.050. - Routes for through traffic
(a) A person commits an offense if that person transports NRHM within the city on a
route other than only on SH 130 between the city limits and Interstate Highway 35.
(b) It is an affirmative defense to a charge for violation of subsection (a) above that the
departure from the permissible route is because:
(1) The vehicle in question is immediately and directly destined for a location
providing food, fuel, rest, safe haven, or repair; or
(2) The vehicle is using access, frontage, or intersecting roadways as needed to enter
and leave the location providing food, fuel, rest, safe haven or repair.
Sec. 10.06.070. - Placard requirements
A person commits an offense if that person operates a NRHM vehicle and fails to apply and
display appropriate placards meeting United States Department of Transportation specifications
on each end and on each side of the vehicle.
Sec.10.06.080. - Vehicle inspection requirements
(a) A person commits an offense if that person operates a NRHM vehicle without
inspecting the vehicle to determine that:
(1) The brakes and tires are in good working condition;
(2) The steering mechanism is in good working condition;
(3) The electrical wiring is well insulated and firmly secured; and
(4) The vehicle is in a condition adequate to safely transport hazardous materials.
Sec. 10.06.090. - Empty vehicles
(a) Subject to subsection (b), this division does not apply to an empty vehicle that has
been used previously to transport NRHM.
(b) A vehicle that has transported NRHM in bulk packaging, or in any other type of
container, and that is required to be placarded pursuant to the Code of Federal
Regulations shall remain placarded when it is empty unless it is:
(1) Sufficiently cleaned of residue and purged of vapors to remove any potential hazard;
or
(2) Refilled with a material requiring different placards or no placards, to such an extent
that any residue remaining in the packaging is no longer hazardous.
Sec. 10.06.100. - Offense for use of prohibited routes
A person commits an offense if that person transports, arranges to transport, or contracts for the
transport of NRHM on any public roadway or street designated as a prohibited NRHM route.
Sec. 10.06.110. - Emergency response vehicle carrying fuel
It shall be permissible, and it is an affirmative defense to a violation of this division that the person
operating the NRHM vehicle is transporting fuel directly to the scene of an emergency, or for a
public emergency purpose, specific to the function of fueling equipment used to respond to or
address the emergency.
Sec. 10.06.120. - Prohibited parking and standing
(a) A person shall not permit a NRHM vehicle to park or stand at any location within the
city, except for the purposes of loading or unloading.
(b) This section does not apply to:
(1) Vehicles parked in designated truck parking areas of locations providing food, fuel,
rest, safe haven, or repair; or
(2) Vehicles parked in the parking areas of businesses engaged in the transportation,
storage, or production of hazardous materials.
Sec. 10.06.130. - Penalty; other remedies
(a) The city council has determined that this division governs the public health and
safety, and therefore the violation of any of the provisions of this division shall
constitute an offense punishable by a fine of not less than $500.00 and not to exceed
$2,000.00.
(b) The city shall be entitled to pursue all remedies, at law and in equity, including, but not
limited to, injunctive relief, with attendant civil penalties as may be provided under state
statute, which remedies shall be cumulative of the criminal laws, none of which shall be
mutually exclusive of the other.