(a) It
shall be unlawful for any person, firm, or corporation to construct,
operate, or maintain a wholesale bulk gasoline, oil, petroleum, butane,
or any other inflammable or volatile liquid storage facility or distribution
center in violation of this section.
(b) All
gasoline, oil, petroleum, butane, or any other inflammable or volatile
liquid, excluding diesel fuel oil, offered for sale in the city limits
is prohibited from being stored in above-ground tanks or facilities
containing more than fifty-five (55) gallons and must be stored in
underground storage tanks or facilities.
(c) The
building inspector or some other officer designated by the mayor and
city council shall inspect such storage facilities as often as necessary
to insure compliance with the provisions of this section.
(d) It
shall be unlawful for any person, firm, or corporation to construct,
operate or maintain a wholesale bulk gasoline, oil, petroleum, butane,
or any other inflammable or volatile liquid [storage facility or distribution
center] without first securing a permit therefor.
(e) No
permit shall be issued for the construction of a bulk storage facility
until the majority of the city council approves the proposed location
with respect to topography, nearness to places of assembly and residential
or mercantile occupancies, and adequacy of water supply for fire control.
(f) All
storage facilities covered by this section shall be constructed in
compliance with the fire code as adopted by the city and presently
in effect.
(g) Applications
for such permit shall state the name and address of the person, firm
or corporation applying for such permit.
(Ordinance adopted 9/13/82; Ordinance adopting Code)
(a) Definition.
A mobile service unit is defined as a vehicle,
tank truck, or other mobile device from which flammable liquids used
as motor fuels may, as an act of retail sale, be dispensed into the
fuel tanks of motor vehicles parked on an off-street parking facility.
(b) Mobile service units.
It shall be unlawful for a mobile
service unit, as defined above, to sell for retail flammable liquids
within the corporate limits of the city.
(c) Attendants at service stations.
It shall also be unlawful,
subject to V.T.C.A., Health and Safety Code, chapter 753, for any
retail service station as defined in V.T.C.A., Health and Safety Code,
sec. 753.001 to dispense flammable liquid into the fuel tanks of motor
vehicles where such dispensing is an act of retail sale where there
is not an attendant on the premises.
(d) Enforcement.
The city fire marshal shall enforce the
provisions of this section.
(e) Penalty.
Any person, firm, corporation, partnership, business association, etc., violating this section shall be deemed guilty of a misdemeanor and subject to a fine in accordance with section
1.01.009 of this code, and each and every prohibited act shall constitute a separate and distinct offense and be punishable as such.
(Ordinance T-4-A-71 adopted 8/27/71)