§ 70-831. Generally.

(a)

No person shall drive or move or cause or knowingly permit to be driven or moved on any street or highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter.

(b)

No person shall operate any commercial motor vehicle, as defined in this chapter, and used in a commercial enterprise, unless such vehicle is equipped and operated as required by parts 390, 393 and 396, title 49 of the Code of Federal Regulations, as amended, regardless of whether such vehicle is used in intrastate or interstate transportation. This section shall not apply to school buses.

(c)

Members of the police department are authorized to enter the cargo area of a commercial motor vehicle to inspect the contents when reasonable grounds exist to cause belief that the vehicle is transporting hazardous materials as defined in this chapter.

(d)

The chief of police is authorized to regulate the safety of commercial motor vehicles and trailers as he or she deems necessary to govern and control their operation within the city by promulgating and publishing rules and regulations consistent with this chapter. Any such rules shall, in addition to any other provisions deemed necessary by the chief, require:

(1)

Every commercial motor vehicle and trailer and all parts thereof shall be maintained in a safe condition at all times; and

(2)

Accidents arising from or in connection with the operation of commercial motor vehicles and trailers shall be reported to the chief of police in such detail and in such manner as he or she may require.

(e)

A person convicted of violating any provision of subsection (b) of this section shall be punished by a fine of not less than $50.00.

(f)

No person shall operate any commercial motor vehicle, as defined in this chapter and used in a commercial enterprise, unless such driver is qualified and operating the vehicle as required by parts 391, 392, 395 and 397, title 49 of the Code of Federal Regulations, as amended, regardless of whether such vehicle is operated in intrastate or interstate transportation.

(g)

Any person convicted of violating any provision of subsection (f) of this section shall be punished by a fine of not less than $100.00 and not more than $500.00; or by imprisonment in the place designated by law for not less than two days and not more than six months, or by both such fine and imprisonment.

(Code of Gen. Ords. 1967, § 34.300; Ord. No. 41525, 10-20-72; Ord. No. 56381, 8-16-84; Ord. No. 920172, 3-5-92; Ord. No. 960077, § A, 2-8-96; Ord. No. 160589 , § 2, 8-18-16)