HomeMy WebLinkAboutOrdinance - 1309-1952 - Amending Zoning Ordinance 710. - 11/21/1952(
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I ~ ~ l2-II-19SZ ~ ~ AN ORDINANCE AMENDING 0 !NANCE NO. 710, 11AN ORDINANCE
REGULATING THE TRANSPORTATI N, STORAGE, AND USE OF LIQ UEFIED
PETROLEUM GASES AND OTHER EXP1--QSIVE PRODUCTS, REGULATING
THE DISTRIBUTION AND STORAGE OF PETROLEUM PRODUCTS ,A.ND OTHER
VOlATILE OR EXPLOSIVE LIQUIDS IN THE CITY OF LUBBOCK/CLARIFY-
ING SECTION 9 (NINE), HEADING NO. Zl, AND ELIMINATING SECTION 10,
HEADING Nb. Z OF ORDINANCE NO. 66111 AND PROVIDING PENALTIES FOR
THE VIOLATION OF THE PROVISIONS HEREOF." SQ AS TO ELIMINATE THE
PROVISION IN SECTION IV-A·OF SAID ORDINANCE WHICH PROHIBITED THE
--DELIVERY OF PE'I:ROLEUM P,.BPDUCTS TO CUSTOMERS IN TANK TRAILERS
OR TANK SEMI-TRAILERS; SO/TO PROHIBIT THE BLOCKING OF SIDE-
WALKS AND CERTAIN PROJECTIONS INTO STREETS BY PETROLEUM PRO-
DUG TS TANK TRUCKS, TANK TRAILERS AND SEMI-TRAILERS; AND SO AS
TO PROVIDE AND REGULATE A TIME AND MANNER FOR MAKING DELIVER-
IES OF PETROLEUM PRODUCTS IN THOSE CASES WHERE IT IS IMPOSSIBLE
"TO DO SO WITHOUT TEMPORARILY BLOCKING A SIDEWALK OR PROJECT-
ING INTO A STREET.
' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
That this ordinance is hereby declared to be remedial, and shall be con-
strued to secure the beneficial interests and purposes thereof, which are
public health, safety, and weliare through provisions for safety to life and prop-(
erty and protection from fire and other hazards incidental to the handling and
retaining of Liquefied Petroleum Gases and Petroleum Products in the City
Limits d the City of Lubbock, Texas.
The Basic Standards of the part of this ordinance which is applicable to
Liquefied Petroleum Gas is the Standards of the National Board of Fire Under-
writers, Pamphlet No. 58, as recommended by the National Fire Protection
Association, dated August 1940 or later revisions thereof, and the provisions
of such are adopted in whole as a supplement to this ordinance in all applicable
parts, and when not in conflict with the provisions otherwise set fortbtb.erein.
SECTION I. DEFINITIONS.
For the purpose of this ordfnance the following phrases, words, and
their derivatives shall be construed as defined below. All other words shall
have their usu~l meaning. Whenever a public official is referred to by only
the title of his office, such reference shall be construed as if followed by the
words 11of the City of Lubbock or his authorized deputy" unless the context
indicates otherwise.
~ shall mean the City of Lubbock, ·Texas, or any person employed
by that City when acting for said City with authority to do so.
Person shall mean a natural person or persons, firm, partnership,
association, or corporation, its or their successor or assigns or the agent of any
of the afore said.
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Liquefied Petroleum Gas or L. P. G. shall mean and include any mater-
ial which consists predominately of any of the following hydrocarbons or
mixtures of them; propane, propylene, butanes {normal butane and iso-butane)
and butylenes, whether in liquid or gaseous stage.
Petroleum. Products shall include all the flam.able liquids having a flash
point of 200° F. or below when tested by the closed cup tester (U. S • .Bureau
of Standards). Representative examples of the flamable liquids are gasoline,
naphtha, benZ'ol, alcohol, kerosene, and fuel oil.
Approved City R,oute includes the approved routes as srewn on the map
attached hereto and made a part of this ordinance, and shal.l)in~~ude any offi-
cially marked and designated detour or temporary routii}.g of the aforesaid
routes, or other r outes hereafter approved and designated by the City Commis-
sion of the City of Lubbock.
Street shall include road, highway, alley, or any other way in the City.
Land shall include all area other than that included in the above defini-
tion of "Street".
Tank Truck-Any motor vehicle while used for the transportation of
L. P. G. or ~etroleum Products and which for such purpose is provided with
a tank or tanks securely mounted on the frame or chassis of such vehicle.
Tank Trailer -Any Vehicle, without its own motive power but drawn
by a motor vehiclle, used for the transportation 0£ L. P. G. or Petroleum
P r oducts, and which for such purpose is provided with a tank or tanks securely
mounted on the frame or chassis of such vehicle.
Tank Semi-Trailer - A ve hicle of the trailer type having one or more
axles and two or more wheels, so designed and used in conjunction with a
motor vehicle that sotne part of its own we ight and that of its own load rests
up on 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.
Fire Zones -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 purpose
of transporting or moving petroleum. products or L. P.G. either loaded, empty,
or partly loaded within the City Umits of the City shall be so constructed and
operated as to comply with the regulations for the 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 with
the laws of the State of Texas and the special requirements of the Railroad
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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 vebicl~s, which would create a hazard to persons or property, such
equipment shall be removed from the streets of the City until such defects
have been repaired. Any such transportation equipment shall be subject to
inspection by the City at any time to ascertain that such equipment is in safe
operating condition.
SECTION III. TRAN&PORTATION•
It shall be unlawful for any person to transport or move Petroleum Pro-
ducts or L. P. G. as these terms are hereinbefore defined or Petroleum Pro ...
ducts or L. P.G. tank trucks, tank trailers or semi-tank trailers, loaded,
empty or partly loaded,over any street in Fire Zone 1. in the City of Lubbock,
other than on the approved City Routes, except that tank trucks, tank trailers
and tank semi-trailers may use other streets in Fire Zone 1 for transportation
of Petroleum Products when on the shortest route between the approved City
Routes a:nd established wholesale or bulk storage business and except when
making local delivery in accordance with Section IV -A.
SECTION IV. LOCAL DELIVERY.
It shall be unlawful for any person to make local delivery of Petroleum
Products, or L. P. G. as these terms are herein defined. in the CJ..ty 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.
B. L. P.G. may be delivered to any customer in Fire Zone 3 in the City
of Lubbock, when the customer is storing ·the L. P.G. in accordance with the
laws and ordinances of the City and the State of Texas and provided such deliv-
ery is made in tank trucks. The use o£ 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 application to the City Conunission of the City
of Lubbock for permission to use semi-trailers for local delivery of Petroleum
Products and the City Commission shall have the authority to grant such tem-
porary permits until such tank trucks and equipment are available.
SECTION V. PARKING OF L, P.G. AND PETROLEUM PRODUCTS
TANK TRucf<S'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.
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A, •. When necessary, due to .unforeseen emergency or failure of motive
power beyond the control of the driver of the truck in which case, if the inter-
val of time such tank truFks, tank trailel'Sand tank semi-trailerrs must be
parked at any one place exceeds thirty minutes, the driver shall notify the
Police Departm~nt which shall assist in proper routing and handling of traffic
in the .~ocation of the parked tank truck, tank trailer and tank semi-tra~iler.
' The tank truck, tank trailer or tank setni .. trailer shall be removed from
the streets to permissible parking areas or outside of the City Limits as soon
as the condition of the equipment· i.a such that it is possible to remove it by its
own power or with the assistance of a to"¥ truck. A reasonable time will be
permitted for repair of the equipment in order that it will not be necessary to
obtain the service of a tow truck. ,Puring the ti.me such equipment is unavoid-
ably delayed ~nd, park~d on the street, all reasonable ~afety provisions must
be observed..
B. ;Petroleum Pro¢ucts tank tru<;ks, tank trailers and tank semi-bailers
may park on the premises of established wholesale dealers at bulk plant sites,
or on any privately owned land within the {fity located in zones as defined by
the Zoning Ordinance and the Building Ordinance which perqlits the property
to be used as ·a wholesale gasoline bulk storag~ plant.
c. Petroleum Products tahk truc~s, tank trailers, and tank semi-trailer
may park at any place in the City when necessary in the course of delivering
to customers, provided said truck. tank trailer, and tank semi-trailer shall
not block any siG:ewalk nor pil"oject into any street where such projectio~ will
result in the loss of vehicular movement in a m.arked traffic lane. "'
D, Parking of Petroleum Products and L. P.O. tank bucks., tan.k trailers,
and tank semi""trailers while waiting for repair or service at service stations
or garages is. permitted·~ provided, however~ that such parking shall be accord-
ing to parking rules and regulations of the City.
E. Any person or firm who, d.ue to present facilities so lo,cated that it
is impossible to compl1y with the provisions of Sub-Section c. may make appli-
cation to the Traffic Engineer for permiasion to temporarily block a street or
traffic lane for a ~pe-c~ied period of time, other than the hours of 7:00a.m.
to 9:00a.m., 11:30 a.m. to 1;30 p.m., and 4:30p.m. to 6:00p.m.
It shall be unlawful for any person te have work done on, or for any per-
son to do work on, tank trucks, trailel!'s or semi .... trailers while such is parke~
on or partially on pul>lic p'l"ope:ttty, including pavement, sidewalks, parkways
and alleyways.
SECTION VI. STORING OF LIQUEFIED PETROLEUM GAS.
'* No LiA;iuefied Petr-ole\lttl Gas shall be stored in the City for resale purposes
No Liquefied Petroleum Gas shall be stored, located or used in Fire Zones 1
and 2 except when used from o!." in an Interstate Commerce Gommission con-
tainer of sixteen pound siz-e ov. 100 pound size, which size may be used and/or
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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 a{\d provided that not
more than one container shall be in use at any one time.
SECTION VII. CLARIFICATION AND AMENDING CONFLICTING
PARTS OF ORii>INANCE NO. 661.
Section IX, Heading No. 21 of Ordinance No. 661 which reads 11Petroleum
products, wholes ale storage oftl is hereby Tevised and clarified in meaning so
that such heading will not include Liquefied Pet:noleum Gases as covered in
this ordinance and is hereby amended to read 11Petroleum products, wholesale
sterage of, but not includiJl,g Liquefied Petroleum Gases composed predominately
of any of the following carbohydrants or mixtures thereof, propane, propylene,
butane, and, butylene whether in liquid or gaseous stage ."
Section X, Heading 2 of Ord,inance No .. 661 which reads 11Acetylen.e,
butane, propane, etc., gas manufacture or storage, 11 is hereby amended t.o
read 11Acetylene, gas manufacture or storage. 11
SECTION VIII. VALIDITY OF THIS ORDIN.l\NCE.
If for any reason any section or proyision of this ordinance is held to be
valid, the same shall not affect any pther vali9. provision.
SECTION IX. PENALTY FOR 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 ($1 00. 00),
and each day the violation exists shall constitute a distinct and separate
offense.
AND IT IS SO ORDERED.
On motion of Commissioner Carpenter , seconded by Commis-
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sioner __ M_o_r _r _is _______ , the foregoing Ordinance was passed on first
reading this 21st day of November
Commissioners voting "YEA": '
Commissioners voting 11NAYII:
., 19 52 • by the following vote: -
Morris, Carpenter ,
and Mayor Tripp
None
Davis, Thomas
On motion of Commissioner __ c_a_r~pto..e.;.;n;;.t_e.;.;r;._, ____ , seconded by Commis-
sioner __ __,T~h~o.:.!.:ma=s:-._.....;_..;.:.._, the foregoing Ordinance was passed on second
reading this 11th day of December ., 19 52 , by the following vote: -
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Commissioners voting ''YEA": Mo~ris, Carpenter, Davis, Thomas and
Hayor Tripp
Commissioners voting uNAY": i\one
ATTEST:
'1 ~"~ -.:_.~... :J.I.Jt -...... ---City Se retary-Tre surer
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11-20-52