HomeMy WebLinkAboutOrdinance - 710-1945 - Regulating The Transportation, Storage And Use Of Liquified Petroleum Gases - 04/26/1945.,. -··-
ORDINANCE NO. ?10
~Lt-.;. 2l.P-1.945
OS-I L..J.--194-5
AN ORDDfANCE REGULATING THE TRJU\1SP0Rl'ATION, STORAGE, AND USE OF
LIQ,UEBIED PE:PROLEUM GASES AND OTHER EXPLOSIVE PRODUCTS, REGULATING
THE DISTRIBl1riON AND STORAGE OF PETROLEUM PRODUCTS AND OTHER VOLATilE
OR EXPLOSIVE LIQ,UIDS IN THE CITY OF LUBBOCK, CLARIFYING SECTION 9,
(NJN!B:) , HEADING NO. 21, .AJ\TD ELIMINATING SECTION 10, HEADING NO. 2
OH ORDINAN CE NO. 661, AND PROVIDING PENALTIES FOR TEE VIOLATION OF
THE PROVISI ONS HEREOF:
BE IT ORDAINED BY Tim CITY COMMISSION OF THE CITY OF ;rLUBBOCK, TEXAS:
That, this ordinance is hereby declared t o be remedial, and shall
be construed to secure the beneficial interests and purposes ~hereof,
which are public health, safety, and welfare through pro v isions for safety
to life and property and protection from fire and other hazards incidental
to the handling and retaining of Liquefied Petroleum Gases and Petroleum
products in the CitY Limits of the City of Lubbock, Texas.
The Basi~ Standards of the part of this ord inance which is app li-
cable to LAquefied ·Petroleum Gas is the Standards of the National
Board of .i!'ire Underwriters, Pamphlet No. 58, as recommended by the
National .bire Protection Assocfation, dated August 1940 or later revisions
thereof, and the provisions of such are ado pted in whole as a supplement
to this ordinance in all a ~ plicable parts, and v1hen not in conflict
with the pro visions otherwise set forth herein.
SECTION 1. DEFINITIONS.
For the purpose of this ordinance the following p hrases, words,
and their derivatives shall be construed as defined below. All other
words shall have their usual meaning. Whenever a p ublic officia l is
referred to b y only the title or his office, such reference shall be
construed as if followe d by the words "of the City or Lubbock or his
authorized de p uty" unless the context indicates otherwise.
City shal.l mean the City of Lubbock, Texas, or any person employed
b y that City when acting for said CitY with authority to do so.
Pe r son shall mean a natural person or p ersons, firm, partnership,
association, or corp oration, its or their successor or assi g ns or the
agent of any of the a foresaid.
Liquefied ~roleum Gas or L.P.G. shall mean and include any
material which consists predominately of any of the following
hyd r ocarbons or mixtures of ~hem; propane, pro~ylene, butanes (normal
butane and iso-butane) and butylenes, whether in li ouid or ~aseous sta g e,
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Petroleum Products shall include a ll the flamable liquids having
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a flash point of 200° F 0 or below wb.en tested by the closed cup tester
(U.S. Bureau of Standards). Representative examples of the flamable
liquids are -gasoline, naphtha, benzo2, alcohol, kerosene, and fuel oil.
Approves £ll.Y ~1! includes the approved routes as shown on the
map attached, hereto, and made a part of this ordinance, and shall also~
include any officially marked and designated detour or temporary routing
of the aforesaid routes, or other routes hereafter approved and desig nated
by the City C 0 mmission of the CitY of Lubbock.
§!~et shall include road, highway, alley, or any other way in the
~S shall include all area other than that included in the above
definition of "Street".
Tank Truck Any motor vehicle while used for the transportation of L.P.G.
or Petroleum Products and which for such purpose is provided with a tank
or tanks securely mounted on the frame or chassis of such vehicle.
!ank !railer Any vehicle, without its own motive power but drawn
by a motor vehicle, used for the transportation of L.P.G. ·or Petroleum
Products, and which for such purpo~e is provided with a tank or tanks
securely mounted on the frame or chassis of such vehicle.
Tank Semi-Trai1e~ A vehicle of the trailer type having one or mo re
axles and two or more wheels, so designed and used in conjunction with a
motor vehicle that some part of its own weight and that of !ts own load
restg upon or is carried by another vehicle, used for the transportation
of L.P.G. or Petroleum Products and for which purpose is provided with a
tank or tanks securely mounted on the frame or chassis of such vehicle.
~re Zon~ When fire zones are referred to in this ordinance, it
will mean fire zones in the City of Lubbock as established by current
or future Fire Zone Ordinances.
SECTION II. TRANSPORTATION "EQUIPMENT.
All tank trucks, tank trailers and tank semi-trailers used for the
nurpose of transporting or moving petroleum products or L.P.~. either
loaded, empty, or partly loaded within the City Limits of the City shall
be so constructed and operated as to comply with the regulations for the
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design, construction and operation of such equipment for such use as
~ approved by the National Board of Fire Underwriters and the National
Fire Protection Association together vdth the laws of the State of
Texas and the special requirements of the Railroad Commission of the
State of Texas.
Any person using such equipment in the City shall keep it in good
and safe condition at all times and upon development of any defects
to tanks or motive vehicles, which would create a hazard to persons or
nroperty, such equipment shall be removed from the st~eets of the ~ty
until such defects have been repaired. Any such tr&nsportation equip-
ment shall be subject to inspection by the City at any ttme to ascertain
that such equipment is in safe operating condition.
SECTION III. TRANSPORTATION
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It shall be unlawful for any person to transport or move Petroleum
products or L.P.G. as these terms are hereinbefore defined or Petroleum
Products or L .P· .G. tank trucks, tank trailers or semi-tank trailers, loaded, c
empty or partly loaded, over any street in Fire Zone 1, in the City of
Lubbock, other than on the approved City Routes, excent, that tank trucks, tank
trailers and tank s·erni-trailers ma~ use other streets in Fire Zone 1 for
transportation of Petroleum products when on the shortest route between
the approved City Routes and established wholesale or bulk storage
business and except when making local delivery in Accordance with
Section IV A.
SECTION IV. LOC.4L DELIVERY
It shall be unlawful for any person to make local delivery of
Petroleum products, or L.F.G. as these terms are herein defined, in the
City of Lubbock except when complying with the following:
A. Petroleum Products may be delivered to any customer in the
CitY when the customer is storing the Petroleum Products in accordance
with the laws and ordinances of the City and State of Texas and provided
such delivery is made in tank trucks./ The use of tank trailers or
tank semi-trailers for City delivery of Petroleum Products is prohibited.
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B. L.P.G. may be delivered to any customer in Fire Zone 3 in the City ·.
of Lubbocl-, when the customer is storing the L.P .G. in accordance with the
~ laws and ordinan~es of the City and State of Texas and p ~ovided such delivery
is made in tani trucks. The use of tank trailers or tank semi-trailers for
CitY delivery of L.P.G. is prohibited.
c. Any person or firm who cannot comply with the provisions of Section
IV A in regard to the delivery in tank trucks, due to such equipment not
being available at this time, may make auplication to the City Commission of
the City of Lubbock for permission to use semi-trailers for local delivery
of petrol~um products and the City 6ommission shall have the authority to
grant such temporary permits until such tank trucks and equipment are available
SECTION V. PARKING OF L.P .G. AND PETROLl!.-mv.r PRODUCTS TANK TRUCKS AND TRAILERS-, ETC. ------
It shall be unlawful to park Petroleum products or L.P.G. tank trucks,
tank trailers and tank semi-trailers in the City of Lubbock except as
provided below. .
A. When necessary, due to unforseen emergency or failure of motive power
beyond the control of the driyep o~ t~e tnuck in which case, if the interval
of time such tank trucks, tank trallers and tank semi-trailers must be parked
j at any one place exceeds thirty minutes, the driver shall notify the Po~ce
Department which shall assist in proner routing and handling of traffic in
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the location of the p arked tank truck, tank trailer and tank semi-trailer.
The-tank truck, tank trailer or t a n k semi-trailer shall be removed from
the streets to permissible 9arking areas or outside of the City Limits as
soon as the condition of the e q uipment is such that it is p ossible to remove
it by its own power or with the assistance of a tow truck. A reasonable time
will be permitted for repair of the e quipment in order that it will not be
necessary to obtain the service of a tow truck. During the time such e quipment
is unavoidably delayed and parked on the street, all reasonable safety p ~ovi-
sions must ·be observed.
B. Petroleum products tank trucks, tank trailers and tank semi-trailers
may park on the premises of established wholesale dealers at bulk plant sites,
or on any privately owned land within the CitY located in Zones as defined by
the Zoning Ordinahce and.the Building Ordinance which permits the property to
be used as a wholesale gasoline bulk stbrage_ plant.
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c. Petroleum products ·tank trucks may park at any place in the
OitY when necessary· in the course of delivering to customers.
D. Parking of Petroleum products and L.P.G. tank trucks, tank
trailers, and tank semi-trailers, while waiting for repair or service
at service stations or ~arages is permitted provided, however, that such
parking shall be according to parking rules and regulations of the City.
It shal1 be unlawful for any person to have work done on, or
for any person to do wenrk on,. tank trucks, trailers or semi-trailers
while such is parked on or partially on public property, including
pavement, sidewalks, parkways, and alleyways •
. SECTION VI. STORI}lg QI LIQ,UEBIED mROIECJM GAS.
No Liquefied Petroleum Gas shall be stored in the City for resal-er
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purposes. No Liquefied Petroleum Gas shall be stored, located or used
in Fire Zones 1 and 2 except when used from or in an Interstate Commerce
C0 mmission container of 16 pound size or 100 pound size, which size may
be used and/or stored in the City only after written approval and
permission from the Fire Marshal; provided, however, that not more than
one extra container shall be located at the business or site of the use
of such gas and provided that not more than one container shall be in
use at any one time.
Sll:CTION VII. CL.ARIFI_2ATION bND ~DING CONFLICTmG P ~ Q.~
ORDINANQ~ NO. §§!.
Section IX, Heading No. 21 of Ordinance No. 661 which reads
"Petroleum products, wholesale storage of" is hereby revised and
clarified in meaning so that such heading will not include Liq~efied
Petroleum Gases as covered in this ordinance and is hereby amended to
read ttPetroleum products, wholesale storage of, but not including
Liquefied Petroleum Gases composed predominately of any of the
following carbohydrants or mixtures thereof, propane, propylene, butane,
and butylene whether in liquid or g aseous stage. 11
Section X, Heading 2 of Ordinance No. 661 which reads "Acetylene,
butane, propane, etc., gas manufacture or storage," is her,eby amended
to read "Acetylene, gas manufacture or storage."
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SECTI C'N VIII. VALIDITY OF THIS ORDINAN~.
If for any reason any section or provision of this ordinance is
held to be invalid, the same shall not affect any other valid proviaion.
SECTION IX. PENALTY !'QE VIOLATION
Any person violating any of the provisions of this ordinance
shall be guilty of a misdemeanor and upon conviction in corporation
court shall be subject to a fine in any sum not to exceed One Hundred
Dollars (~100.00), and each day the violation exists shall constitute
a distinc; and separate offense. AND IT IS SO ORDERED.
Passed and approved first reading this __zath_ day of --~A~~.~ .• i.l ____ _
A.D. 1945.
Passed and approved second and finai reading this __ 1~4~t~h~--day of
May , A.D. 1945. -----------------
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Att~ ,
_-:ff /ht.-;, b ~~-City Se etary
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S£.CT/ON OF
CITY o,. Lt/J5130CK, T£.XAS
ShoJ.V/ng F/re Z~s I~~ cYnd .3p;orov4d clfy ro~le-s For lr•nsporl'01f/on of
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Orc::hnBnce No. ?/0 vi JNh/ch Ord1n~nce lhis rncijp /s .;; pari
L£..6£ND ~ /VOTES
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