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HomeMy WebLinkAboutO-1966-751 .- .. ~ /e- _.~ ", '. , ORDINANCE NO. I 7~-/ AN ORDINANCE TO PROTECr THE PUBLIC HEALTH AND PROMOTE THE PUBLIC SAFETY AND PUBLIC WELF~RE OF THE CITY OF LA PORTE, TEXAS, BY REGULATING THE SALE AND HANDLING OF VOLATILE'AND FLAMMABLE LIQUIDS, INCLUDING GASOLINE, IN GARAGES, SERVICE STATIONS AND OTHER PLACES OF BUSINESS HAVING VOLATILE OR FLAMMABLE LIQUIDS FOR SALE TO THE PUBLIC IN THE CITY OF LA PORTE, TEXAS; MAKING FIND- INGS OF FACT; ~~KING IT 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 IN DISPENSING OF VOLATILE OR FLAMMABLE LIQUIDS INTO OR FROM THE FUEL TANK OF A MOTOR VEHICLE OR ANY OTHER CONTAINER; PROVIDING THAT EACH SUCH SALE OR DELIVERY S~LL BE A SEPARATE OFFENSE BY SUCH OWNER, OPERATOR, OR EMPLOY~E; DECLARING A PURPOSE TO PREVENT FIRES AND TO PROTECT LIFE AND PROPERTY; AND PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF 'THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT LESS THAN TWENTY-FIVE DOLLARS ($.25.00) NOR MORE THAN TWO HUNDRED DOLLARS ($20'0.00); PROVIDING A REPEALING CLAUSE AND A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS., it is the considered opinion of the City Commission of the City of La Porte,~and it hereby finds that gasoline service stations are hazardous, requiri~g the utmost care in the handli~g of oils and h~gh explosives; that potential destruc- tion of life and property by blast and fire exist in every station; that, gasoline and other inflammable petroleum products are explo- sive and constant~y menace the safety of persons and property, wherever stored or kept for sale; and that, as such fire hazard, gasoline service stations are subject to police control; and WHEREAS, it is the considered opinion of the City Commission of the City of La Porte, ,and it hereby finds, that .the danger and fire hazard implicit in the operation of, gasoline .... service stations is greatly compounded when the dispensi~g of gasoline is permitted by customers and patrons, rather than by trained personnel; and WHEREAS, the City of La Porte has heretofore suffered a service station fire, which was proximately caused by a service station customer personally dispensing. gasoline into his vehicle; and WHEREAS, it has come to the attention of the City Commission of the City of La Porte that, gasoline service stations .--- e, e -- ,.. , ' . -2- . at which the customer is permitted to dispense his own gasoline, have been and are.bei~g put into operation in several cities and towns in Texas; and WHEREAS; it lS the considered opinion of the City Commission of the City of La Porte, ,and it hereby finds, that the "self service" of, gasoline by service station customers constitutes a fire hazard of substantial proportions, because of lack of supervision of sales and deliveries of volatile or flammable liquids by trained personnel, and handli~g of such volatile or flammable liquids by inexperienced persons; NOW, THEREFORE, in order to protect the public health and to promote the public safety and public welfare of the City of La Porte, Texas; in order to r~gulate the sale and delivery of volati~e or flammable liquids at service stations" garages, and other dispens~ries; ,and in order to prevent fire, fire hazards, and explosions: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The term "volatile or flammable 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" gar~ge, or other dispensary, to permit any customer or patron thereof to insert or remove a nozzle used for the dispensi~g of volatile or flammable liquids, as defined in this Ordinance, into or from the fuel tank of a motor vehicle or any other container. Section ,3. Each sale o~ delivery wherein any owner, operator, or employee o,f any service station,. ,gar~ge, or other dispensa~y permits any Gustomer or patron to insert or remove a nozzle us~d for the dispensi~g of volatile or flammable liquids, as defined in this Ordinance, into or from the fuel tank of motor vehicle or any other container, shall constitute a separate -.-. .,) ,;'l>., . ' . -3- , and independent offense by such owner, operator, or employee. Section 4. The object, purpose, and end of this Ordinance is hereby declared to be the prevention of fires and the protection of life and property, and the promotion of the public safe,ty and public weLfare of the City of La Porte,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 Dollars ($25.00) nor more e- than Two Hundred Dollars ($200..00). Section 6. All Ordinances or parts of Ordinances in ._' . conflict herewith are hereby repealed. Section 7. If any section, par~graph, clause, or sentence Shall be declared void and unenforceable or unconstitu- tional, it is hereby declared to be the intention of the City Commission that the remainder of such Ordinance shall remain in full force and effect. Section 8. This ,Ordinance shall take effect and be in force from and after i ts pass~ge and approval, ,and publication as required by law. PASSED AND APPROVED this the -?7~ day of June, A.D. 1966. ATTEST: c~nl'~1.t?6f~~dtLa Porte APPROVED: City~f:!t~ Porte . e - 'e. .. , . -4- CITY CLERK'S CERTIFICATE I hereby certify that the caption of the above and for~goi~g Ordinance was published in the ~a Porte-Bay shore Sun, the official newspaper in the City of La Porte, in the issues of the day of , 1966, and the day of , 1966, as required by the City Charter of the City of La Porte. This Ordinance became effective on the day of , 1966. Witness my hand and seal of office, this the day of , ,1966. (Seal) City Clerk of the City of La Porte