[HISTORY: Adopted by the City Council of the City of Orange 11-5-69 by Ord. No. 129-69.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 34 of the Code of the City of Orange, 1969, adopted 11-5-69 by Ord. No. 129-69.
For the purposes of this chapter, the following words shall have the meanings indicated:
FILLING STATION
A gasoline/oil service station or any building, structure or premises, enclosure or other place within the city where a container or containers, tank or tanks, whether portable or stationary and containing either carbon, bisulfate, gasoline, naphtha, benzol, hydrocarbon (gas drips), liquefied petroleum gas, acetone or other flammable liquids, having a flash point below one hundred sixty-five degrees Fahrenheit (165° F.), are kept or located for the purpose of selling, offering for sale or distributing any such liquids from such containers, tank or tanks, provided, however, that the provisions of this chapter shall not apply to any place where such flammable liquids are kept or sold for medicinal purposes only.
[Amended 1-19-71 by Ord. No. 10-71]
No person shall manage, conduct, operate or carry on the business of a filling station without first having obtained a license therefor as hereinafter provided.
All applications for licenses under this chapter shall be filed with the Director of the Finance Department and shall contain the following information:
A. 
Specifying the location of the building and premises.
B. 
The written consent of the owner or owners of the land where on such station is proposed to be built or operated.
C. 
A map showing the exact location of the station, its tanks and appurtenances in relation to the property on which the station is maintained and in relation to adjoining property and public streets.
D. 
A statement of the size of the tank or tanks and the quantity of gasoline to be stored therein.
E. 
The type and construction of the tank or tanks and the material of which the tank or tanks are to be constructed.
F. 
The minimum depth of the top of the tank or tanks below the ground where the same is placed.
G. 
The method of extracting gasoline from the tank.
H. 
A statement of the dimensions of the building and type of construction and the material (which must be of fireproof qualities) to be used, together with sketches of elevations and plans.
[Amended 5-18-1982 by Ord. No. 16-82]
The Director of Finance shall, if the application complies with the requirements of this chapter and other ordinances of the city, issue a license upon the payment of the license fees herein provided.
All licenses issued under this chapter shall terminate on the 31st day of December following the date of issuance.
[Amended 5-18-1982 by Ord. No. 16-82]
No license shall be granted except upon the payment of the license fee as provided for in Chapter 88, Fees, for the following categories:
A. 
For the first tank or pump.
B. 
For each additional tank or pump.
No license granted under the provisions of this chapter shall be assigned or transferred to any other person, except with the consent of the City Council, nor shall any such license authorize any person other than the licensee named therein to do business or act under such license.
No license issued under the provisions of this chapter shall authorize the maintenance of the business of a filling station at any but the location specified therein.
Any license issued shall be revocable by the City Council after hearing and good cause shown upon fifteen (15) days' notice in writing, to be given to the licensee either by serving the same upon him personally, or his surety, or by leaving the same at the place of business of such licensee.
A. 
Tanks shall be riveted, welded or brazed and shall be soldered, caulked or otherwise made tight in a mechanical and workmanlike manner and, if to be used with a pressure discharge system, shall safely sustain a hydrostatic test at least double the pressure to which the tank may be subjected. The top of the tank shall be securely fastened to the top ring with joints of equal tightness to those between rings. Tanks shall be covered with asphaltum or other nonrusting paint or coating. All pipe connections shall be made through flanges or metal reinforcements securely riveted, welded or bolted to the tank and shall be made thoroughly tight and shall be of a type approved by the American Insurance Association. Tanks shall be constructed entirely of metal, including top, sides and bottom. All openings shall be gastight, except breather vents, which shall be screened and installed in an approved manner.
B. 
Not more than ten (10) gallons of gasoline, except such quantities as may be contained in tanks, cars or storage, shall be permitted at any garage, filling station or service station. Such gasoline shall be kept in five-gallon approved, nonexplosive cans or containers.
C. 
All gasoline in excess of the amount above specified shall be kept in tanks of approved design, buried so that the tops of the tanks shall be at least three (3) feet below the surface of the ground. Tanks shall be buried in such locations as may be approved by the Fire Department not less than six (6) feet from any building, but no tanks shall be permitted under any shed or building.
D. 
All such underground tanks are to rest upon a bed or cradle of concrete at least six (6) inches thick. No tank of a capacity greater than five hundred fifty (550) gallons shall be used, but two (2) or more tanks may be installed and connected by pipes if such tanks are separated by a wall of concrete not less than two (2) feet in thickness or a wall of earth not less than four (4) feet in thickness.
A. 
All gasoline gauging or vending devices shall be of an approved type and substantially secured to concrete or masonry foundations suitably located and shall be of proper design and dimensions normally to prevent any portion of a motor vehicle colliding with the device.
B. 
Systems wherein continuous pressure is maintained on the gasoline storage tank in connection with gasoline gauging or vending devices are prohibited.
C. 
The use of aboveground gasoline storage tanks in connection with gasoline gauging or vending devices is prohibited.
D. 
Devices with discharge by gravity shall be so designed that it is impossible to retain in the gauging compartment materially more than ten (10) gallons of liquid and so that it is not possible to lock the device without draining the gauging compartment.
A. 
Provision shall be made by grading the driveway, raising the door sills or some equally effective means to prevent gasoline spills from flowing into the interior of station buildings.
B. 
Electric motors and other spark-emitting devices, when provided, shall be installed in a well ventilated room where no flammable liquids are stored or handled unless such devices are approved by the Fire Department for use in an explosive atmosphere.
C. 
Drainage from crank case shall be kept in suitable closed metal containers.
D. 
"No smoking" signs and "stop motor while filling" signs shall be prominently posted to be readily visible at points where gasoline is handled.
E. 
Where flammable liquids are kept, used or handled, dry sand, ashes, chemical extinguishers or other extinguishing devices or materials shall be kept as directed by the Fire Department. A reasonable quantity of loose noncombustible absorbents, such as sand or ashes, shall be kept convenient for use in case of oil leakage or overflow.
Each filling station shall be conducted and maintained in accordance with the provisions of this Code and other ordinances of the city. Each filling station shall be inspected at least three (3) times a year by an official to be designated by the Fire Department. It shall be the duty of the person making such inspection to see that the premises are maintained in compliance with this chapter and other ordinances of the city, to see that there is no dangerous accumulation of waste or other combustible material on the premises and to report to the Fire Chief any violation which may be discovered during such inspection.
[Amended 5-18-1982 by Ord. No. 16-82]
Gasoline tanks and pumps for the use of motor vehicles may be constructed at the curbline of public streets and highways, provided that a permit for such construction shall be first obtained from the Director of Public Works. Such permit may be issued by the Director in his discretion and shall be issued upon such conditions as he may prescribe in the permit; the permit fee as provided for in Chapter 88, Fees, shall be charged for each permit, as long as the same shall be in force.
Before such permit may be issued, all applicants shall file with the city a bond in the penal sum of five thousand dollars ($5,000.), with corporate surety to be approved by the City Attorney, conditioned upon the faithful performance of all ordinances of the city now in force or hereafter to be adopted relating to excavations or obstructions in public streets and places and upon relaying the pavement and sidewalk wherever removed or obstructed in a good and workmanlike manner and upon keeping and maintaining the surface of the streets over and adjacent to such tank and pump in a condition at all times safe for public use and travel, and also conditioned upon indemnifying and saving harmless the city against all losses and damages, costs and charges arising out of the construction and maintenance of the tank and pump, or anything connected therewith, or in anywise resulting therefrom. Such bonds shall also be conditioned further upon the removal of the gasoline tank and pump when required by the City Council from any public street, and the return of the street to as good condition as such street was prior to the placing of such tank and pump.
The permit required by § 109-14 may at any time be revoked by resolution of the City Council.
[Added 1-19-71 by Ord. No. 10-71]
It shall be unlawful for any gasoline filling station and/or gasoline/oil service station, as hereinbefore defined, to be operated between the hours of 12:00 midnight and 6:00 a.m.
[Added 1-19-71 by Ord. No. 10-71]
Any person who violates any of the provisions of this chapter shall be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment for a term not exceeding ninety (90) days, or both such fine and imprisonment.