The Federal Hazardous Materials Transportation Act, 49 CFR parts 171, 172, 173, 177, 178, 179 and 180 of Subchapter C - Hazardous Materials Regulations codified as of October 1, 2001 and prepared and published in book form by Labelmaster, an American Labelmark Company, 5724 N. Pulaski Road, Chicago, IL 60646-6797 is hereby incorporated by reference and made part of this Article save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(Ord. 3617, Sec. 1; Code 2008)

There shall not be less than three copies of the standard code adopted by reference in Section 14-401 kept on file in the office of the City Clerk, to which shall be attached a copy of the incorporating ordinance, shall be marked or stamped, “Official Copies as Incorporated by Ordinance No. 3617” with all sections or portions thereof intended to be omitted clearly marked to show any such deletion or change, and filed with the City Clerk and open to inspection and available to the public at all reasonable hours. The Police Department, municipal judges and all administrative departments of the City charged with the enforcement of the incorporating ordinance shall be supplied, at the cost of the City, such number of official copies of such standard.

(Ord. 3617, Sec. 2; Code 2008)

Section 171.1 of the Federal Hazardous Materials Transportation Act entitled “Purpose and Scope” is hereby amended and changed to read as follows:

§171.1 Purpose and scope.

(a)   This sub-chapter prescribes requirements of the Osawatomie Police Department governing:

(1)   The offering of hazardous materials for transportation and transportation of hazardous materials in interstate, intrastate, and foreign commerce by motor vehicle.

(2)   The representation that a hazardous material is present in a motor vehicle.

(3)   The manufacture, fabrication, marking, maintenance, reconditioning, repairing, or testing of a packaging or container which is represented, marked, certified or sold for use in transportation of hazardous materials.

(4)   The use of terms and symbols prescribed in this sub-chapter for the marking, labeling, placarding and description of hazardous materials and packaging used in their transport.

(b)   Any person who, under contract with any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government, transports, or causes to be transported or shipped, a hazardous material or manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person as qualified for use in the transportation of a hazardous material shall be subject to and comply with all provisions of the Federal hazardous materials transportation law, all orders and regulations issued thereunder, and all other substantive and procedural requirements of Federal, State, and local governments and Indian tribes (except any such requirements that have been preempted by the Federal hazardous materials transportation law or any other Federal law), in the same manner and to the same extent as any person engaged in such activities that are in or affect commerce is subject to such provisions, orders, regulations, and requirements.

(Ord. 3617, Sec. 3; Code 2008)

(a)   Personnel authorized to perform inspections. Inspections of motor carriers̓ vehicles in operation shall be conducted by Commercial Vehicle Safety Alliance (CVSA) certified officers. These certified officers are authorized to enter upon and perform inspections of motor carriers̓ vehicles in operation.

(b)   Prescribed inspection report. A driver/vehicle examination report shall be used to record results of motor vehicle inspections conducted by authorized City of Osawatomie personnel.

(c)   Motor vehicles declared “out of service.”

(1)   Authorized personnel declare and mark “out of service” any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An “Out of Service Vehicle” sticker shall be used to mark vehicles “out of service.”

(2)   No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, “out of service” until all repairs required by the “out of service notice” have been satisfactorily completed. The term “operate” as used in this section shall include towing the vehicle, except that vehicles marked “out of service” may be towed away by means of a vehicle using a crane or hoist.

       A vehicle combination consisting of the emergency towing vehicle and an “out of service” vehicle shall not be operated unless such combination meets the performance requirements of this sub-chapter except for those conditions noted on the driver equipment compliance check.

(3)   No person shall remove the “Out of Service Vehicle” sticker from any motor vehicle prior to completion of all repairs required by the “out of service notice.”

(Ord. 3617, Sec. 4; Code 2008)

(a)   It is unlawful for any person to violate any of the provisions of this article.

(b)   The Judge in the Municipal Court shall in the manner prescribed by K.S.A. 12-4305 and amendments thereto establish scheduled fines for violation of any section of this article. Such fines shall be imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint alleging such violation and payment of the fine and any Court costs.

(c)   Any person convicted of a violation of any of the provisions of this article shall be punished, subject to limitations otherwise provided in this adopting ordinance, by a fine not to exceed Twenty Five Hundred Dollars ($2,500.00) or imprisonment in jail for not more than six (6) months, or be both so fined and imprisoned. Each day during or upon which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 3617, Sec. 5; Code 2008)

If any provision of this Article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the code and the applicability thereof to other persons and circumstances shall not be affected thereby.

(Ord. 3617, Sec. 6; Code 2008)

Neither the adoption of this article nor the repeal or amendment of any ordinance or part or portion thereof shall in any manner affect the prosecution or civil enforcement for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Ord. 3617, Sec. 7; Code 2008)