(A) The following rules and regulations are hereby adopted, by reference:

(1) The Colorado Department of Health Rules and Regulations concerning generators and transporters of hazardous waste, as found in Volume 6 of the Colorado Code of Regulations 1007-3, Parts 262 and 263;

(2) The Colorado Department of Public Safety Rules and Regulations concerning minimum standards for the operation of commercial vehicles, as found in Volume 8 of the Colorado Code of Regulations 1507-1; and

(3) The Colorado Department of Public Safety, Division of State Patrol Rules and Regulations concerning transportation and shipping of hazardous materials, as found in Volume 8 of the Colorado Code of Regulations 1507-9.

(B) All references in the rules and regulations adopted by this section to federal and state agencies, their authorized personnel and enforcement officials shall also be construed to mean the city of Broomfield and its authorized personnel.

(C) Copies of the rules and regulations adopted by this section shall be available for review at the office of the city clerk. (Ord. 901 §1, 1991; Ord. 1196 §§6, 7, 8, 1996; Ord. 1568 §§5-7, 2001)

(A) Hazardous materials, hazardous waste, and hazardous substances shall be transported and delivered within the city limits in accordance with the rules and regulations adopted by this chapter.

(B) The parking and garaging of vehicles containing hazardous materials, hazardous waste, or hazardous substances, which parking and garaging is incident to the transporting of such materials, waste, or substances along such routes as are, from time to time, designated by the Colorado State Patrol for the pickup and delivery of such materials, waste, or substances within the city limits, shall be in accordance with the rules and regulations adopted by this chapter. (Ord. 901 §1, 1991)

As used in this chapter, the following words and phrases will have the meaning ascribed to them herein:

(A) Containing hazardous materials, hazardous wastes, or hazardous substances shall mean transporting, carrying, holding, or otherwise accommodating hazardous materials, hazardous waste, or hazardous substances, which materials, waste, or substances are not being utilized as the primary source for fueling the vehicle's internal combustion engine.

(B) Garage or garaging shall mean the storing, housing, or indoor parking of vehicles.

(C) Hazardous materials, hazardous waste, or hazardous substances shall have that meaning ascribed to hazardous materials as set forth in section 43-6-103(3), C.R.S.

(D) Park or parking shall mean the standing or stopping of a vehicle, whether or not occupied.

(E) Vehicle shall mean any device which is capable of moving itself, or being moved from place to place, upon wheels or endless tracks. (Ord. 901 §1, 1991)

It shall be unlawful to park any vehicle on or within five feet of traveled portion of any public street, highway, or alley, or for any portion of said vehicle to be extended into the traveled portion of any public street, highway, or alley while hazardous materials, hazardous wastes, or hazardous substances are being loaded or unloaded into the vehicle. (Ord. 901 §1, 1991)

It shall be unlawful to back a vehicle into or from a public street, highway, or alley for the purpose of making a delivery or pickup of hazardous materials, hazardous waste, or hazardous substances without a flagman directing traffic on said public street, highway, or alley. (Ord. 901 §1, 1991)

(A) It shall be unlawful for any person to park, garage, or otherwise leave unattended a vehicle containing hazardous materials, hazardous waste, or hazardous substances within the city, except under the following circumstances:

(1) In those areas that have a valid permit for the parking or garaging of vehicles containing hazardous materials, hazardous waste, or hazardous substances as described in section 10-26-070 of this chapter.

(2) Emergency parking. In the event of an accident or other emergency situation where the operator must leave to obtain assistance, such person shall be permitted to leave his or her vehicle unattended for a reasonable period of time. If a vehicle transporting hazardous materials, hazardous waste, or hazardous substances is parked within the city due to an emergency situation, the operator, or the vehicle owner if such operator is unavailable, shall immediately notify the police department and the West Adams County Fire Department as to the vehicle location, proper shipping name, and quantity of hazardous materials, hazardous waste, or hazardous substances, the location of the vehicle operator, and a telephone number where the operator or a representative of the firm operating the vehicle can be reached until the emergency situation is abated.

(B) Notwithstanding any provision to the contrary, this section 10-26-060 shall not apply to any parking and garaging of vehicles containing hazardous materials, hazardous waste, hazardous substances incident to the transporting of such materials, waste, or substances along such routes as are, from time to time, designated by the Colorado State Patrol or the pickup and delivery of such materials, waste, or substances within the city limits. (Ord. 901 §1, 1991)

(A) Permit required. Hazardous material vehicle parking and garaging permits shall be obtained from the police department prior to allowing the parking or garaging of vehicles containing hazardous materials, hazardous waste, or hazardous substances. A separate permit shall be required for each parking space or garage location.

(B) Application for permit. All applications for the permit referenced by this section shall be made to the police department in such form and in such detail as it shall prescribe. Applications for permits shall be accompanied by such plans as may be required by the police department.

(C) Fees. Fees for required permits shall be established by the police chief and shall be paid at the time of permit application. Such fee shall be equally divided among the police department and West Adams County Fire Department.

(D) Condition of permit. A permit issued under this section shall constitute permission to park or garage vehicles containing hazardous materials, hazardous waste, or hazardous substances. Such permission shall not be construed as authority to violate, cancel, or set aside any other provisions of the city code or other laws.

(E) Issuance of the permit. The permit referenced under this section shall be issued upon the approval of the police chief and West Adams County Fire Department fire chief only for such locations that:

(1) The applicant demonstrates that the parking and garaging of such vehicles would be in compliance with the city's zoning regulations and development standards; and

(2) The applicant demonstrates that the site meets the following requirements:

a. Is surrounded by a minimum six-foot-high chainlink fence, with a barbed wire top.

b. Provides for a locked gate when the area or vehicles are unattended.

c. Is posted “No Smoking” within the secured area.

d. Where the fire chief has determined that there are adequate portable extinguishers with a minimum 4A40BC rating, within a fifty-foot travel distance from the vehicles, exclusive of those extinguishers found in the vehicle.

e. Vehicles shall be prohibited from parking within 100 feet of any building's air intake structures.

f. All vehicles shall be required to be properly placarded at all times.

g. Open flame welding shall be prohibited within the secured area.

h. Parking area shall be surfaced with asphalt or concrete.

i. Vehicles shall be prohibited from parking within fifty feet of any property line or any building.

(3) The police chief may modify the provisions of this subsection 10-26-070(E) where there are practical difficulties in the way of carrying out the strict letter of this subsection; provided that the spirit of this section shall be complied with, public safety secured, and substantial justice done.

(F) Term of permit. The term for each hazardous material parking or garaging permit shall be established by the police chief for a period not to exceed twelve months.

(G) Application of section. Notwithstanding any provisions to the contrary, this section shall not apply to any parking and garaging of vehicles containing hazardous materials, hazardous waste, or hazardous substances incident to the transporting of such materials, waste, or substances along such routes as are, from time to time, designated by the Colorado State Patrol or the pickup and delivery of such materials, waste, or substances within the city limits. (Ord. 901 §1, 1991)

If any hazardous materials, hazardous waste, or hazardous substances are spilled, discharged, or released within the city without a permit, the police department and West Adams County Fire Department shall be immediately notified.

The following information is necessary for proper notification under this section:

(A) Location of the spill, discharge, or release;

(B) Proper shipping name of the materials, waste, or substances involved;

(C) Amount of materials, waste, or substances involved;

(D) Information concerning the ignitability, corrosivity, reactivity, or toxicity of the hazardous materials, hazardous waste, or hazardous substances involved; and

(E) Any other information available that may affect either the cleanup of the materials, waste, or substances or the health or safety of the individuals in or around the spill, discharge, or release. (Ord. 901 §1, 1991)

The fire chief and his or her subordinates are hereby specifically authorized and directed to administer and enforce all provisions of this chapter. The fire chief and his or her subordinates shall have the powers of a police officer in the enforcement of this chapter. Police officers, the fire chief and his or her subordinates shall have the power and are hereby authorized to immobilize, impound, or otherwise direct the disposition of motor vehicles containing hazardous materials, hazardous waste, or hazardous substances when it is determined that the motor vehicle or operation thereof is unsafe or when such immobilization, impoundment, or disposition is appropriate under the rules and regulations adopted by this chapter. (Ord. 901 §1, 1991)