TRANSPORTATION OF HAZARDOUS MATERIALS

Las Vegas Municipal Code tit. 9, ch. 9.36

in effect

Las Vegas Municipal Code § 9.36.010 Purpose and intent.

9.36.010 - Purpose and intent. The purpose and intent of this Chapter is to protect the public health, safety and welfare from the potential hazards of fire, explosion and exposure to toxic substances that accompany hazardous materials incidents by regulating the transportation, and storage incidental to transportation, of hazardous materials into, through, within and out of the City. (Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.020 Applicability.

9.36.020 - Applicability. This Chapter shall apply to all hazardous materials, as defined herein, which are transported into, through, within and out of the City and shall be in addition to all other sections of this Code regarding hazardous substances or materials or the rules or regulations of any City department, board or commission pertaining thereto. For the purpose of this Chapter a point of origin or destination, including loading docks or terminals where hazardous cargos are handled, within the area bounded by the corporate limits of the City shall be considered to be a point of origin or destination within the City. (Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.030 Adoption of provisions by reference.

9.36.030 - Adoption of provisions by reference. Those certain documents, three copies of which are on file in the office of the City Clerk and marked and designated as follows are hereby adopted by reference and made a part of this Chapter as if they were fully set forth herein: (A) Title 49 of the Code of Federal Regulations, Parts 171 to 179, inclusive, of the Hazardous Materials Regulations, as from time to time amended, designated as Part 1 of this Chapter; (B) Title 10 of the Code of Federal Regulations, Part 71, of the Nuclear Regulatory Commission, as from time to time amended, designated as Part 2 of this Chapter; and (C) Title 49 of the Code of Federal Regulations, Parts 390 to 397, inclusive, of the Federal Motor Carrier Safety Regulations, as from time to time amended, designated as Part 3 of this Chapter. When any provision of this Chapter is found to be inconsistent with the regulations adopted in subsections (A) to (C), inclusive, of this Section, the provision which establishes the greater level of protection for the health, safety and welfare of the public shall prevail. (Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.040 Substances subject to regulations.

9.36.040 - Substances subject to regulations. Transportation in commerce within the City of the hazardous materials identified in subsections (A) to (C), inclusive, of this Section, in the quantities set forth in or opposite their respective descriptions, shall be subject to the regulations set forth in Sections 9.36.050 to 9.36.160, inclusive, in addition to those regulations adopted in Section 9.36.030: (A) Material Material | Quantity (Numbers in parentheses refer to sections of Title 49 of the Code of Federal Regulations) Class A Explosives (173.53) | any quantity Class B Explosives (173.88) | any quantity Poisonous Gases Poison A (173.326) | any quantity Flammable solids (173.150) which require the DANGEROUS WHEN WET label (172.423) as specified in (172.101) | 2500 pounds or more Liquefied Petroleum Gas (172.101) | 2500 pounds or more Methane (Liquefied) (171.101) | 2500 pounds or more Liquefied hydrogen (173.316) | 400 pounds or more (B) Flammable liquids transported in quantities of one thousand gallons or more with flash points of seventy-three degrees or less as determined by tests listed in Title 49 of the Code of Federal Regulations, Section 173.115(d), with the exception of distilled spirits of one hundred forty proof or less (173.115(a)(2)); (C) Radioactive materials: (1) Plutonium isotopes in any quantity and form exceeding two grams or twenty curies, whichever is less, (2) Uranium enriched in the isotope U-235 exceeding twenty-five atomic percent of the total uranium content in quantities where the U-235 content exceeds one kilogram, (3) Any of the actinides (i.e., elements with atomic number eighty-nine or greater) the activity of which exceeds twenty curies, (4) Spent reactor fuel elements or mixed fission products associated with such spent fuel elements the activity of which exceeds twenty curies, and (5) Any quantity of radioactive material specified as a "Highway route controlled quantity" in Title 49 of the Code of Federal Regulations, Section 173.403(L), (6) Any quantity of radioactive materials required to be placarded by Title 49 of the Code of Federal Regulations, Part 172, Subpart F—Placarding. (Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.050 Department of Fire Services—Collection and reporting of information.

9.36.050 - Department of Fire Services—Collection and reporting of information. The Department of Fire and Rescue is authorized and directed to do the following: (A) To collect all available information with respect to the volumes, routes, locations of storage incident to transportation, risks and conditions of transport and storage of hazardous materials presenting the highest risk, by any mode of transportation, and to report biannually to the Office of Emergency Operations on the transportation of hazardous materials and the adequacy of the City's emergency response capabilities in cases of accidents; and (B) To collect information, as available, from the State on the routes and volumes of hazardous waste shipments through the City and to request that the State conduct surveys to determine the volumes, routes, compliance with Federal and State regulations, accident rates and other information on truck cargos of hazardous materials. (Ord. No. 6172, § 9, 12-7-11; Ord. 5897 § 1, 2007: Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.060 Permit—Required—Exceptions.

9.36.060 - Permit—Required—Exceptions. (A) Except as is otherwise provided in subsection (B) of this Section, a nontransferable permit for hazardous transport shall be required annually for each person who transports hazardous materials in the quantities listed in subsections (A) to (C), inclusive, of Section 9.36.040. (B) Producers or transporters, or both, of small quantities of specified radioactive materials intended for therapeutic and biomedical research or educational purposes shall not be required to obtain a permit for hazardous transport. (C) Permits for hazardous transport shall be granted for: (1) Hectocurie and kilocurie cobalt—sixty and cosium—one hundred thirty-seven teletherapy sources employed in therapeutic radiology and biomedical research or educational purposes and for medical devices designed for individual application, by way of illustration and not in limitation, cardiac pacemakers, containing plutonium—two hundred thirty-eight, promethium—(forty-seven) or other radioactive material or wastes generated in these activities; (2) Sealed industrial radiography sources up to one hundred curies. (D) Any person required by this Section to obtain a permit for hazardous transport shall apply to the Department of Fire and Rescue at least sixty days prior to the intended date of movement of hazardous materials into, through, within and out of the City. In addition to such information as the Department requires, the application for a permit for hazardous transport shall include: (1) A description of the hazardous materials to be transported, including the volumes, quantities and forms; (2) A written statement from the shipper of hazardous materials certifying that the material described in the application is properly classified, described, packaged and labeled and is in proper condition for transportation according to the applicable Federal and State regulations; (3) Origin, route and destination of the shipment and, if a series of shipments is planned, the number of proposed shipments and the period of time over which such shipments are planned; (4) A copy of the route plan when the preparation of one is required by Title 49 of the Code of Federal Regulations, Part 397; (5) The name, address and telephone number of the carrier, the description, identification and registration of the motor vehicle or railcars and twenty-four-hour emergency response telephone numbers. (Ord. No. 6816, § 96, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.070 Permit—Grounds for denial, suspension or revocation.

9.36.070 - Permit—Grounds for denial, suspension or revocation. The Department of Fire and Rescue shall deny, refuse to renew, suspend or revoke a permit for hazardous transport if: (A) Adequate training, equipment and planning does not exist in the Department for an emergency response in the case of an accident with the specified materials. (B) The containers to be used in the proposed shipments have been tested, in their current model, in order to determine the containers' ability to withstand the effects of puncture, impact and fire that could be encountered in severe accidents in the City and have been determined not to have such ability. (Ord. No. 6816, § 97, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.080 Permit—Approval—Fee.

9.36.080 - Permit—Approval—Fee. (A) Upon the final approval by the Department of Fire and Rescue of an application for a permit for hazardous transport, the applicant shall pay a reasonable fee according to a schedule to be adopted by the City Council. (B) The fee schedule shall reflect the costs of emergency response preparation and the costs of issuing the permits and may also reflect the relative hazard and potential risk to the public of the hazardous cargos to be transported within the City, based upon their volume, toxicity, combustion potential and other risk factors which the Department of Fire and Rescue may consider appropriate. (C) The fees collected under this Section shall be used to reimburse the costs of administration of the permit program, emergency response preparation and enforcement of the rules and regulations promulgated pursuant to this Chapter. (Ord. No. 6816, § 98, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.090 Permit—Action on application—Separate permits for each carrier for each class of hazardous material required.

9.36.090 - Permit—Action on application—Separate permits for each carrier for each class of hazardous material required. Applications for a permit for hazardous transport shall be made to the Department of Fire and Rescue and shall be acted upon with thirty days after the submission to the Department. The Department shall approve, deny or take such other action with respect to such application as the Department considers appropriate. A single permit shall be required for each carrier for each class of hazardous materials identified in Section 9.36.040. (Ord. No. 6816, § 99, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.100 Appeals.

9.36.100 - Appeals. Any person aggrieved by a decision of the Department of Fire and Rescue in denying, refusing to renew, suspending or revoking a permit may appeal that decision within thirty days to the City Council by filing written notice of appeal with the Department. The City Council shall hear the applicant at its first regular meeting following the expiration of ten days after the City Clerk receives the notice of appeal. (Ord. No. 6816, § 100, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.110 Incidents involving hazardous materials—Reporting required.

9.36.110 - Incidents involving hazardous materials—Reporting required. Incidents involving hazardous materials occurring within the City are required to be reported immediately to the Department of Fire and Rescue, and the Department shall file a standing request with the Materials Transportation Bureau of the United States Department of Transportation for routine mailing to the Department of a copy of the written report required by Title 49 of the Code of Federal Regulations, Section 171.16. (Ord. No. 6816, § 101, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.120 Permit—Temporary suspension due to hazardous circumstances.

9.36.120 - Permit—Temporary suspension due to hazardous circumstances. The Department of Fire and Rescue may temporarily suspend the operation of some or any vehicle employed in carrying hazardous materials, as defined in Section 9.36.040, without notice whenever road, weather, traffic or other hazardous circumstances warrant that action. (Ord. No. 6816, § 102, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.130 Designation of routes—Implementation of other restrictions.

9.36.130 - Designation of routes—Implementation of other restrictions. (A) The Department of Fire and Rescue is hereby authorized to designate routes and to implement other restrictions for the transportation of hazardous materials into, through, within, and out of, the City. (B) For the purpose of applying Title 49 of the code of Federal Regulations, Part 397, the following restrictions to the transportation of hazardous materials by truck in the City are adopted: (1) The use of City streets for the transportation of the hazardous materials specified in Section 9.36.040, in a situation in which there is neither a point of origin nor a point of destination within the City, is prohibited. (2) The Department of Fire and Rescue may require advance notification, a police escort or an inspection, or a combination thereof, of any cargo deemed to present a special risk, if an emergency response, in its judgment, may be enhanced by any such measure; provided, however, that, in all cases of radioactive shipments concerning which the U.S. Nuclear Regulatory Commission is currently required to pre-notify the Governor, the Department of Fire and Rescue shall request that advance notification also be immediately forwarded to the City. (Ord. No. 6816, § 103, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.140 Motor vehicle transportation.

9.36.140 - Motor vehicle transportation. The following regulations apply to the motor vehicle transportation within the City of the materials specified in Section 9.36.040: (A) Traffic violations of transporters of hazardous materials shall be treated as violations of these regulations and shall be subject to, in addition to criminal penalties, the penalty provided in Section 9.36.160. (B) Except when overtaking or passing in opposite directions of travel, all vehicles transporting hazardous materials shall maintain a minimum distance of at least three hundred feet from other vehicles carrying hazardous materials. This requirement shall apply whether or not such vehicles are moving or parked except when at a destination or point of origin. (C) Except as to any route which has been designated by the Department of Fire and Rescue as being more appropriate with respect to a particular shipment, pursuant to subsection (A) of Section 9.36.130, a transporter of hazardous materials by truck shall use only State-designated routes, listed in subsection (D) of this Section, to reach its destination or to reach a point as close as possible to the destination. (D) For the purposes of this Chapter, the following are considered State-designated routes: (1) Interstate 15; (2) U.S. Highway 95; (3) U.S. Highway 93. (Ord. No. 6816, § 104, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.150 Rail shipments.

9.36.150 - Rail shipments. (A) With respect to rail shipments of hazardous materials, the Department of Fire and Rescue, in order to ascertain if a local hazard exists, shall collect information from all railroads operating in or near the City or whose lines may present useful alternative routes to lines through the City. Such information shall include: (1) The annual volumes of specific cargos; (2) Containers used; (3) Routes and switchyard data on hazardous cargos handled; (4) Accident rates and track maintenance data; (5) Whether each railroad has utilized an acceptable methodology for determining routes and yards of lowest risk for such cargos: (6) The adequacy of each railroad's emergency response preparation in the event of a rail accident on its main tracks or sidings or in its yards, including, but not limited to, the established response times, staffing and emergency phone numbers of the nearest emergency response units, listed by mileposts of rail track, and the availability of fire hydrants and other emergency resources. (B) The Department of Fire and Rescue, in order to remedy a local hazard related to rail shipments of hazardous cargos, may petition the Public Utilities Commission for remedial legislation or rulemaking. (Ord. No. 6816, § 105, 8-17-22; Ord. 3190 § 1 (part), 1985)

Las Vegas Municipal Code § 9.36.160 Violation—Penalty.

9.36.160 - Violation—Penalty. In addition to criminal penalties, in the event of a hazardous materials incident, as described in Title 49 of the Code of Federal Regulations, Sections 171.15 and 171.16, requiring the response of the Department of Fire and Rescue and others to control the incident, the transporter shall be liable to the City for the payment of all costs and expenses which the Department incurs in and about the use of its employees, apparatus and materials in the control and neutralization of the incident. (Ord. No. 6816, § 106, 8-17-22; Ord. 3190 § 1 (part), 1985

Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.36TRHAMAFetched: 10/28/2026