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HomeMy WebLinkAbout3991ORDINANCE NO. _Jcjq I AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new section .200 to Chapter 9 38 of the Kent City Code which provides for a safe, upland location for parking trucks carrying hazardous materials during a flood emergency; providing a process for issuing, denying and revoking the perm its for the parking zone; and creating an infraction for violations. RECITALS A. Many businesses m Kent use and store materials that would pose a threat to the environment and public health and safety during a flood emergency. B. While it is the responsibility of the affected owners and operators to secure such hazardous material, moving the material represents substantial cost and d1srupt1on. C. The City Fire Marshal and the City Emergency Manager have recommended that, to the extent possible, the City provide safe, upland parking for trucks carrying hazardous materials from city businesses during an emergency flood event to limit the possibility of hazardous materials release and to lessen the costs and d1srupt1ons associated with moving the materials. 1 Hazardous Materials -Semi-Truck Parking During a Flood Emergency NOW THEREFORE 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -New Section. The following new section, 9.38 200, entitled "Flood emergency hazardous materials parking zone," 1s added to chapter 9.38 of the Kent City Code as follows: 9.38.200 Flood Emergency hazardous materials parking zone. A. Purpose of the flood emergency hazardous matenals parkmg zone. The city establishes this flood emergency hazardous materials parking zone (FEHMPZ) program for the purpose of providing upland parking for commercial motor vehicles carrying hazardous materials, as hereinafter defined, from city businesses when such materials must be relocated to avoid potential hazardous materials release. This program will allow for hazardous material truck parking on certain upland public right of way to the extent of available capacity. This program does not excuse any person or entity responsible for hazardous materials from proper protection, handling and storage of such hazardous materials. B. DeftnttfOnS. 1. Flood emergency means an emergency declared by the mayor, the county executive, the governor or federal off1c1als by reason of floods or potential floods in the v1c1n1ty of the City. 2. Hazardous matenal means a substance or material which has been determined by the Secretary of Transportation to be capable of 2 Hazardous Materials -Semi-Truck Parking During a Flood Emergency posing a risk to health, safety, and property when transported m commerce, and which has been so designated. 3. CommerCJal motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle: a. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever 1s greater; or b. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or c. Is designed or used to transport more than 15 passengers, including the driver, and 1s not used to transport passengers for compensation; or d. Is used m transporting material found by the Secretary of Transportation to be hazardous under Title 49 U.S.C. 5103 and transported 1n a quantity requmng placarding under regulations prescribed by the Secretary under Title 49 CFR, subtitle B, chapter I, subchapter C. C. Flood emergency hazardous materials parking zone established. Up to three lanes of South 23 pt Street west of the Green River bridge to the 1ntersect1on of Military Road South. D. FEHMPZ Manager. The city emergency manager shall administer the FEHMPZ program as set forth in this section. The duties of the FEHMPZ manager may be earned out by more than one (1) person and may be delegated to the fire prevention staff as appropriate. The FEHMPZ manager will adopt such rules and procedures as are necessary for notice of avallab1l1ty of the FEHMPZ for parking and for its management. 3 Hazardous Materials -Semi-Truck Parking During a Flood Emergency E. FEHMPZ Permits. When properly issued and displayed, a FEHMPZ permit, 1n the form of a hang tag, will authorize a vehicle to park within the FEHMPZ during a flood emergency. The permit will not guarantee a parking place nor shall 1t allow the permitted vehicle to block private access to abutting properties or fire zones. The FEHMPZ manager will determine the capacity of the FEHMPZ zone and issue, on a first come-first served basis, only so many permits as the FEHMPZ will accommodate vehicles. F. Permit e/1g1bi/1ty. 1. Kent businesses. Permits w\11 be issued only to owners of licensed city businesses which business shall require the use and/or storage of hazardous materials. 2. Vehicles. Each permit will be issued for a spec1f1c commercial motor vehicle. Vehicles with trailers will be required to remain attached during the duration of their use of the FEHMPZ. Vehicles and trailers will be required to have their wheels chocked. 3. Government Vehicles. Government vehicles will be permitted to park 1n the FEH MPZ without permits. G. Use and Val!d1ty of Permits, Fee. 1. The FEHMPZ permit shall be valid only 1f the hang tag 1s hung from the vehicle's rearv1ew mirror and only so long as the permit holder owns or controls the vehicle and maintains the business for which the permit was issued. 2. Each permit, unless terminated under subsection (1) of this section or revoked by the FEHMPZ manager shall expire an June 30th of each calendar year. 4 Hazardous Materials -Semi-Truck Parking During a Flood Emergency 3. A one hundred dollar ($100) administrative fee shall be charged for each permit issued to help defray the cost of administering the FEHMPZ program. H. Issuance of permits. 1. Each permit applicant shall submit an application to the FEHMPZ manager along with a copy of the business license and vehicle reg1strat1on(s). The appl1cat1on shall be upon a city form with such 1nformat1on as the FEHMPZ manager shall require. Such information shall include, but not be l1m1ted to proof of insurance as required by the city Risk Manager. Upon request, the applicant will appear in person to show the original business license and vehicle reg1strat1on(s). Each applicant shall agree, in writing, that subm1ss1on of an application ts not a guarantee of a parking place and does not excuse any compliance with any state, local or federal regulations respecting hazardous materials or otherwise. 2. The FEHMPZ manager shall issue up to two permits suitable for display for each approved application to Kent businesses that are members of the Local Emergency Planning Committee. Other Kent businesses will then be issued permits on a first come-first served basis until capacity within the FEHMPZ 1s exhausted. 3. Each permit shall show the date of exp1rat1on together with a license plate number and such other information as the EHMPZ manager shall require. I. Revocat10n or Demal of Permits-Cause. Any of the following shall be cause for the denial or revocation of the FEHMPZ permit. 1. The unava1labi11ty of capacity in the FEHMPZ. 2. A false or misleading statement in the appl1cat1on for permit. 3. The transfer of a permit to an unauthorized business or vehicle by sale or otherwise. 5 Hazardous Materials -Semi-Truck Parking During a Flood Emergency 4. The alteration of a permit in any respect. J. Revocat10n or demal or permit-process. If the FEHMPZ manager finds that a FEHMPZ permit should be revoked or denied for any of the reasons set forth in subsection (I) of this section, the FEHMPZ manager will send a written notice of revocation or denial to the permit holder at the business address, which notice shall contain the following information. 1. That the permit 1s denied or will be revoked not sooner than ten (10) calendar days from the date of the letter. 2. The reasons for the permit revocation or denial. 3. That unless a written notice of appeal 1s filed with the FEHMPZ manager not later than ten (10) calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be contained m the written notice of appeal. K. RevocatIOn or Demal-Appeal. An applicant aggrieved by the FEHMPZ manager's revocation or denial of a permit may file a notice of appeal with the FEHMPZ manager who shall submit the same to the city hearing examiner. The hearing examiner, upon cons1derat1on of the written documentation submitted 1n the notice of revocation or denial and the notice of appeal will afArm, reverse or remand the revocation or denial L. Violat1on-Penalty. Any v1olat1on of this section shall be an 1nfract1on punishable by a monetary penalty of fifty dollars ($50) Vehicles parked m v1olat1on of this section during an emergency flood event are subJect to 1mpoundment as provided by law. Provided, however, that all other rules and regu lat1ons reg a rd 1ng traffic, transportation and the public right of way 6 Hazardous Materials -Semi-Truck Parking During a Flood Emergency will be m effect during such times as an emergency flood event is not m effect. SECTION 2. -Severabil1tv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconst1tut1onal or invalid, such dec1s1on shall not affect the val1d1ty of the rema1nmg portion of this ordinance and the same shall remain in full force and effect. SECTION 3. -Corrections bv Cltv Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and sect1on/subsect1on numbering. SECTION 4. -Effective Date. This ordinance shall take effect and be m force thirty (30) days from and after its passage as provided by law. ATIEST: ~ BRENDA JACOBER, APPROVED AS TO FORM: T~~~EY 7 ........ --....... ; . - ~ . .... ..:.. .:.. --.. . -· ..... / ............ IP· .. • .. '*'"_._."'-:..., Hazardous Materials -Semi-Truck Parking During a Flood Emergency PASSED· APPROVED: PUBLISHED: IS' day of~~, 2011. 15 day of ~--, 2011. Ji" day of ~M!f , 2011. I hereby certify that this is a true copy of Ordinance No. 3 Cf '1 / passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. . - _,. . ·. -------. . .... . -...... - 8 Hazardous Materials -Semi-Truck Parking During a Flood Emergency