§ 33-151.1. Adoption of federal regulations; modifications of federal definitions; application of ordinance; definitions.
(a)
The City of Owosso adopts the following provisions of Title 49 of the Code of Federal Regulations, on file with the office of the Michigan Secretary of State and the Owosso City Clerk, except where modified by this article:
(1)
Hazardous materials regulations, being 49 CFR parts 100 through 180, except for the transportation of agricultural products (for which an exception from the application of 49 CFR subchapter C and 49 CFR subchapters G and H, part 172, is provided under 49 CFR 173.5), is specifically authorized if the transportation is in compliance with this article and state law.
(2)
Motor carrier safety regulations, being 49 CFR parts 40, 356, 365, 368, 371 through 373, 375, 376, 379, 382, 385, 387, 390 through 393, 395 through 399 including the appendices of each part except for the following:
a.
Except as provided in this subparagraph, where the term "United States Department of Transportation", "Federal Motor Carrier Safety Administration", "Federal Motor Carrier Safety Administrator", "director", "bureau of motor carrier safety", pipeline and hazardous materials administration", or "associate administrator for hazardous materials safety" appears, it refers to the Michigan Department of State Police or the City of Owosso. If the term is being used for purposes of 49 CFR 397 as it relates to routing and movement of hazardous materials, it refers to the Michigan Department of Transportation or the City of Owosso.
b.
Where "inter-state" appears, it shall mean intra-state or inter-state, or both, as applicable, except as specifically provided in this article.
c.
Where "Special Agent of the Federal Motor Carrier Safety Administration", "administration personnel", or "hazardous materials enforcement specialist" appears, it either means a police officer or an enforcement member of the motor carrier division of the city.
d.
Where MCS 63 appears, it means MC 9 and MC 9b.
e.
Where MCS 64 appears, it means UD-70.
f.
Exempt intra-city zones and the regulations applicable to exempt intra-city zones do not apply to this article.
(b)
This article does not apply to a bus operated by a public transit agency operating under any of the following:
(1)
A county, city, township, or village as provided by law or other authority incorporated under 1963 PA 55, MCL 124.351 to MCL 124.359. Each authority and governmental agency incorporated under 1963 PA 55, MCL 124.351 to MCL 124.359, has the exclusive jurisdiction to determine its own contemplated routes, hours of service, estimated transit vehicle miles, costs of public transportation services, and projected capital improvements or projects within its service area.
(2)
An authority incorporated under the Metropolitan Transportation Authorities Act of 1967, 1967 PA 204, MCL 124.401 to MCL 124.426, or an authority that operates a transportation service pursuant to an inter-local agreement under the Urban Cooperation Act of 1967, (Ex Sess.) PA 7, MCL 124.501 to MCL 124.512.
(3)
A contract entered into pursuant to 1967 (Ex Sess.) PA 8, MCL 124.531 to MCL 124.536 or 1951 PA 35, MCL 124.1 to MCL 124.13.
(4)
An authority incorporated under the Public Transportation Authority Act, 1986 PA 196, MCL 124.451 to MCL 124.479, or a nonprofit corporation organized under the Nonprofit Corporation Act, 1982 PA 162, MCL 450.2101 to MCL 450.3192, that provides transportation services.
(5)
An authority financing public improvements to transportation systems under the Revenue Bond Act of 1933, 1933 PA 94, MCL 141.101 to MCL 141.140.
(c)
As used in this article:
"Hazardous material vehicle inspection or repair facility" means a commercial enterprise that performs inspections, certification, testing, or repairs to commercial motor vehicles transporting hazardous materials as required by 49 CFR parts 100 to 180 and includes motor carriers that perform the inspections, certification, testing, or repairs to vehicles owned or leased by the motor carrier.
(Ord. No. 746, § 3, 9-3-13)