HomeMy WebLinkAboutOrdinance No. 130 • f . • • . � . r ' I . .
ORDINANCE NO. 130
AN ORDINANCE TO PROTECT HEALTH AND PROMOTE
THE PUBLIC SAFETY AND PUBLIC WELFARE OF THE
CITIZENS OF THE CITY OF FRIENDSWOOD, TEXAS;
REGULATING THE SALE AND HANDLING OF VOLATILE
AND FLAMABLE LIQUIDS, INCLUDING GASOLINE, IN
GARAGES, SERVICE STATIONS AND OTHER PLACES OF
BUSINESS HAVING VOLATILE OR FLAMABLE LIQUIDS
FOR SALE TO THE PUBLIC IN SAID CITY; MAKING
FINDINGS OF FACT; MAKING IT UNLAWFUL FOR AN
OWNER, OPERATOR, OR EMPLOYEE OF ANY SERVICE
STATION, GARAGE, OR OTHER. DISPEI�RY TO PER-
MIT ANY CUSTOMER OR PATRON THEREOF TO INSERT
OR REMOVE A NOZZLE USED IN DISPENSING VOLATILE
OR FLAMABLE LIQUIDS INTO OR FROM THE FUEL TANK
OF A MOTOR VEHICLE OR ANY OTHER CONTAINER;
PROVIDING THAT EACH SUCH SALE OR DELIVERY SHALL
BE A SEPARATE OFFENSE BY SUCH OWNER, OPERATOR,
OR EMPLOYEE; DECLARING A PURPOSE TO PREVENT
FIRES AND PROTECT LIFE AND PROPERTY; PROVIDING
THAT ANY PERSON VIOLATING TERMS OF THIS ORDIN-
ANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN ANY SUM
NOT LESS THAN TWENTY FIVE DOLLARS NOR MORE
THAN TWO HUNDRED DOLLARS; PROVIDING A REPEAL-
ING CLAUSE AND A SAVING CLAUSE; AND PROVID-
ING EFFECTIVE DATE HEREOF;(DECLARING AN
EMERGENCY�
WHEREAS, the City Council of the City of Friendswood, Texas
hereby finds that gasoline service stations are hazardous, re-
quiring a high degree of care in the handling of volatile oils
and fuels; that potential destruction of property and life re-
sulting from explosion and fire exist in every station; that
gasoline and other inflamable petroleum products are explosive
and, wherever found, menace the safety of persons and property;
and that, presenting such hazards, gasoline service stations are
subject to control by municipalities under police power; and
WHEREAS, the City Council of the City of Friendswood, after
consideration, hereby finds that danger and fire hazards connected
with the operation of gasoline service stations is compounded when
dispensing of gasoline is permitted by customers and patrons,
rather than by trained personnel; and
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WHEREAS it is the aim of the City Council of Friendswood
in adopting this ordinance to prevent untrained and inexperienced
persons from handling gasoline and other volatile liquids and
WHEREAS the City Council of the City of Friendswood is aware
that self-service gasoline stations, which permit dispensing of
gasoline are now in operation in several cities and towns in
Texas; and
WHEREAS the City Council of Friendswood hereby finds that
the "self-service�� of gasoline by service station customers
constitutes a fire hazard of substantial proportions due to
lack of supervision of sales and deliveries of gasoline or flama-
ble liquids by experienced and trained personnel; now therefore,
for the purpose of protecting the public health and promoting
the public safety and public welfare of the citizens of the City
of Friendswood, Texas; in order to regulate the sale and delivery
of volatile or flamable liquids or gasoline at service stations,
garages, and other dispensaries; and in order to prevent fire,
fire hazards, and explosions:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDS-
WOOD TEXAS DULY ASSEMBLED:
Section l :
The term ��volatile or flamable liquids" as used in this
ordinance means and includes gasoline commonly and generally used
in the operation of motor vehicles.
Section 2 :
It shall be unlawful for the owner, operator or any employee
of any service station, garage, or other dispensary to permit any
customer or patron thereof to insert or remove a nozzle used for
the dispensing of volatile or flamable liquids, as defined in this
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ordinance, into or from the fuel tank of a motor vehicle or any
other container.
Section 3-
Each sale or delivery wherein any owner, operator or em-
ployee of. any service station, garage, or other dispensary per-
mits any customer or patron to insert or remove a nozzle used
for the dispensing of volatile or flamable liquids, as defined
in this ordinance, into or from the fuel tank of any motor ve-
hicle or any other container, shall constitute a separate and
independent offense by such owner, operator, or employee.
Section 4•
The object, purpose and end of this ordinance is hereby de-
clared to be the prevention of fires and the protection of life
and property, and the promotion of the public safety and public
welfare of the citizens of the City of Friendswood, Texas.
Section 5:
Any person, firm, partnership, corporation, or association
who violates any provision of this ordinance, or fails to comply
with any such provision shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not
less than Twenty Five ($25.00) Dollars nor more than Two Hundred
($200.00) Dollars.
Section 6•
All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
5ection 7 -
If any section, paragraph, clause, or sentence shall be
declared void and unenforceable or unconstitutional, it is hereby
declared the intention of the City Council of the City of Friends-
wood that the remainder of such ordinance shall remain in full
force and effect.
Section 8:
�here is hereby declared to be a public emergency existing,
such emergency being the potential danger to life and property,
as recited in the foregoing findings should untrained and inex-
perienced persons be permitted to dispense gasoline or other
volatile liquids into motor vehicles or other containers.
Section 9:
This ordinance shall take effect immediately upon its passage
and approval, and publication as required by law.
PASSED, APPROVED AND ADOPTED AS AN EMERGENCY ORDINANCE THIS THE
15TH DAY OF DECEMBER, A.D. , 1969.
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MAYOR, ity of Friendswood, Texas
ATTEST:
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City Secretary ^�-
PASSED ON FIRST REGULAR READING THIS THE 5th DAY OF JANUARY, A.D.
1970.
PASSED ON SECOND REGULAR READING THIS THE 19th DAY OF JANUARY, A.D.
1970.
PASSED, APPROVED, AND FINALLY ADOPTED AND CONTINUING IN FORCE,
WITHOUT INTERRUPTION, THE P ROVISION5 HEREOF AS SET FORTH IN THE
EMERGENCY ORDINANCE ADOPTED DECEMBER 15, 1969 ,, this the 2nd
DAY OF FEBRUARY, 1970. ,I
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