O-2022-384 - 12/1/2022 ORDINANCE NO. 0-2022-384
AN ORDINANCE REPEALING ROUND ROCK CODE OF ORDINANCES
(2018 EDITION,) VOLUME II, CHAPTER 42, ARTICLE Il, TRAFFIC
REGULATIONS, DIVISION 14, AUTOMATED RED-LIGHT
ENFORCEMENT AND REPLACING IT WITH DIVISION 14, NOW
RADIOACTIVE HAZARDOUS MATERIALS ROUTES; AND PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
ARTICLE I.
That Volume Il, Chapter 42, Article II, Traffic Regulations, Division 14, Automated
Red-Light Enforcement (2018 Edition), City of Round Rock, Texas, is hereby repealed.
ARTICLE II.
That Volume II, Chapter 42, Article II, Traffic Regulations, Division 14, Non-
Radioactive Hazardous Materials Routes (2018 Edition), City of Round Rock, Texas, is
hereby adopted to read as follows:
DIVISION 14. NON-RADIOACTIVE HAZARDOUS MATERIALS ROUTES
Sec. 42-415. Applicability.
This Division applies to the transportation of Non-Radioactive Hazardous
Materials (NRHM) within the corporate boundaries of the city.
Sec. 42.416. 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.
0112.20222;4868-1263-8012
(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.
(1) Vehicle Requiring Placards means a NRHM Vehicle transporting NRHM
subject to this Division.
Sec. 42.417. 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. 42.418. 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).
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Sec. 42.419. 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 45 between the west city limits and the east
city limits.
(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. 42.420. 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. 42.421. 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. 42.422. 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.
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Sec. 42.423. 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. 42.424. 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. 42.425. 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. 42.426. 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 five hundred
dollars ($500.00) and not to exceed two thousand dollars ($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.
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ARTICLE III.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
READ and APPROVED on first reading this the ` day of
�OV OnD 2022.
READ, APPROVED and ADOPTED on second reading this the day of
))eUz&12e-S' , 2022.
CRAIG ORGA Mayor
City of Round ck, Texas
ATTEST:
MEAGAN S INKS, CiW Clerk
5
DocuSign Envelope ID:F25217BA-E25E-4082-85EB-1659824F3797
D
Texas
Department
of Transportation
MEMO
August 30, 2021
To: Austin City Council
DocuSig ned by:
Through: Michael A. Chacon, P.E. EF0607FID6CSCIEC4613
:ciftiulA. Cl�,., PTraffic Safety Division Director
From: Marc D. Williams DocuSigned by
Executive Director[��[� ,,�
OE1B35AE191749E
Subject: Proposal for Designation of Non-Radioactive
Hazardous Materials (NRHM) Routes in the Cities of Austin, Creedmoor,Georgetown, Hutto,
Mustang Ridge, and Round Rock
We are requesting your approval of the Non-Radioactive Hazardous Materials (NRHM) route
designation on certain roadways in the City of Austin and surrounding cities (map attached).The
proposal was submitted by the City of Austin.
(Austin)SH 71 from west city limits to east city limits
(Austin) US 290 from west city limits to IH 35
(Austin) IH 35 from south city limits to US 290/ SH 71
(Austin)SH 45 south from I 35 to city limits
(Austin)SH 130 within city limits
(Austin)SH 45 north from US 183 east to city limits
(Creedmoo�SH 45 from city limit to city limit
(Georgetown)SH 130 from I 35 to city limit
(Hutto)SH 130 from city limit to city limit
(Mustang Ridge)SH 45 from city limit to SH 130
(Mustang Ridge)SH 130 from SH 45 to city limit
(RoundRoci)SH 45 from city limit to city limit
OUR VALUES: People •Accountability Trust Honesty
OUR MISSION: Connecting You Kith Texas
An Equal Opportunity Employer
DocuSign Envelope ID: F25217BA-E25E-4082-85EB-1659824F3797
The city of Pflugerville has chosen not to establish a NRHM route forth e sections of SH 45 and SH
130 on the proposed overall route in their city limits. The existing conditions allowing NRHM traffic
on all on-system roads will continue to be in effect within the Pflugerville city limits.
In accordance with Title 43 Texas Administrative Code Section 25.103(43 TAC 25.103), a public
hearing was held in Austin on June 16, 2021. One public comment was received at the hearing and
one written comment was received by the deadline as published in the Texas Register.
As the state routing agency, TxDOT is required to approve all new NRHM routing designations or
revision to existing routing designations.We have reviewed the proposal and find it to be in
accordance with state regulations (43 TAC 25.103)and recommend approval. Upon your approval,
we will notify the Cities of Austin, Creed moor, Georgetown, Hutto, Mustang Ridge,and Round Rock to
proceed with all necessary ordinances in the affected jurisdiction to designate this route.The route
will also bead ded to TxDOT's statewide online listing of NRHM routes and submitted to the Federal
Registry.
Austin City Council 2 August 30, 2021
DocuSign Envelope ID:F25217BA-E25E-4082-85EB-1659824F3797
Austin Area N RH M Routes
Georgetown
Round Rock Hutto
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Austin
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Legend
� NRHM Route
Creedmoor ' Mustang Ridge