HomeMy WebLinkAboutOrdinance - 1314-1952 - Amending An Ordinance 710 - 12/19/19520
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ORDINANCE NO. 1314
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AN ORDINANCE AMENDING ORDINAHCE NO. 710, •AN ORDINANCE REGULATING THE
TRANSPORTATION, STORAGE AND USE OF LIQUEFIED PETROLEUM GASES AND OTHER EXPLOSIVE
PRODUCTS; RmULATING THE DISTRIBUTION AND STORAGE OF PETROLEUM PRODUCTS AND OTHER
VOLATILE OR EXPLOOIVE LIQUIDS IN THE CITY OF LUBOOCE; CLARIFYING SJOOTION 9 (NINE},
HEADING NO. 21, AND ELIMINATING SECT):ON 10, HEADING NO. 2 O! ORDINANCE NO. 661;
AND PROVIDING '·PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREOF," SO AS TO
ELIKrNATE THE PROVISION IN SECTION IV-A OF SAID ORDINANCE WHICH PROHIBITED THE
DELIVERY' OF "PETROLEUM PRODUCfS IN TANK TRAILERS OR TANK SEMI-TRAILERS TO CUSTOMERS
SO As TO PROHIBIT THE BLOCKING OF SIDEWAlKS AND CERTAIN PROJECTIONS INTO STREETS
BY PETROLEUM PRODUCTS TANK TRUCKS, TANK miLERS AND SEMI-TRAILERSJ 50 AS TO
PROVIDE AND REGULATE A Tnn!: AND MANNER FOR MAKING DELIVERIES OF PETROLEUM PRODUCTS
IN THOSE CASES WHERE IT IS IMPOSSIBLE TO DO SO WITHOUT TEMPORARII..1'J.,BJD£KING A
SIDEWALK OR PROJFXTING INTO A STREET; REPEALING ORDINANCE NO. 1.309; PROVIDING
PENALTIES RlR THE VIOLATION OF THE . PROVISIONS HEREOF; AUTHORIZING P~ICATIC:J! OF
THIS CAPTION TOGETHER WITH PENALTY CLAUSEJ AND DECLARING AN EMERGENCY.
WERJUS, the City Commission finds that it would be in the public
interest to amend the provisions of Ordinance No. 710 prohibiting the delivery
of petroleum products in tank trailers or tank semi-trailers to customers, as
provided b.Y Section IV-A of said Ordinance; and,
WHEREAS, the blocking of sidewalks by petroleum tank trucks, tank
trailers and tank semi-traUers, when making deliveries of petroleum products to
customers in the City of Lubbock, and the parking of such petroleum delivery
truGks so that the truck or a part thereof projects into the traveled portion
of the public streets is hazardous to the use of such streets and sidewalks of
the public; and,
WHEREAS, such amendments are necessary for the immediate preservation
of the public property, safety and general welfare, and creates an emergency
requiring that the rule that ordinances should not be passed until two (2)
readings thereof, be dispensed with and that this Ordinance become effective from
and after its u~:tL"Oduction; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION I. Ordinance No. 710 is hereby amended to read and shall here-~
after read as follows: .t
ltl!bat, this Ordinance is hereby declared to be remedial, and shall
be construed to secure the beneficial interests and purposes thereof, whi~ are
public health, safety, and velfare through provisions 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 l
limits of the City of Ul.bbock, Texas. \
"The Basic Standards of the part of this Ordinance which is applicable
to Liquefied Petroleum Gas is the Standards of the National ~ Of Fire Uhda~~
writers, Pamphlet No. 58, as recommended by the National ~re Protection Ass9Qia-
tion, dated August, 1940 or later revisions thereof, and the provisions of 81;1-"
are adopted in vhole as a supplement to this Ordinance in all applicable paris,
and when not in conflict with the provisions otherwise set forth herein.
"SECTION I. DEFINITIONS.
"For the purpose of this Ordinance the following phrases, words~ and
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their derivatives shall be construed as defined below. All other words shall
have their usual meaning. Whenever a public official is referred to by only
the title of his office, such reference shall be construed as i£ followed b.y
the words •or the City of Lubbock or his authorized deputy• unless the context in-
dicates otherwise.
ttcitz shall mean the City of Lubbock, Texas, or any person employed
by that City when acting for said City with authority to do so.
"Penson shall mean a natural person or persqns, firm, partnership,
association, or corporation, its or their successors or assigns of the agent or
a~ of the aforesaid.
"~iguefied Petroleum Gas or L.P.G. shall mean and include a~ material
which consists predominately of any of the following hydrocarbons or mixtures
of them; propane, propylene, butanes (normal. butane and iso-butane) and blltylenes,
whether in liquid or gaseous stage.
"Petroleum Products shall include all the fla.mable liquids having a
flash point of 2000 F. or below when tested by the closed cup tester (u.s. Bureau
of Standards). Representative examples of the flamable liquids are gasoline,
naphtha, benzol, alcohol, kerosene, and fuel oil.
"Approved Cit;y Route includes the approved routes as shown on the map
attabbed, hereto, and made a part of this Ordinance, and shall also include enr
officially marked and designated detour or temporary routing of the atol\e~d
routes, or other routes hereafter approved and designated by the City Commission
of the City of Lubbock.
'*Street shall include road, highway, all e)", or aey-other way in the City.
"Land 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 seoarely mounted on the frame or chassis of such vehicle.
"Tank Trailer -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 purpose is provided with a tank or tanks securely mounted on the
frame or chassis of such vehicle.
"Tank Semi-Trailer -a vehicle 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 some part of its own weight and that o£ its own load rests upon
or is carried by another vehicle, used for the transportation of L.P.O. 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 b,y current or fUture Fire
Zone Ordinances.
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ttSECTION II. TRANSPOffi'ATION TtQ.UIPMENT.
nAll 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 Limits 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 b.y the National Board of
Fire Underwriters and the National ~ire Protection Association together with the
laws of the State or Texas and the special requirements of the Railroad Commission
of the State of Texas.
n.Any person using such equipment dln 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 property, such equip-
ment shall be removed from the streets or the City until such defects have been .
repaired. Any such transportation equipment shall be subject to inspection b.1
the City at any time to ascertain that such equipment is in safe operating condi-
tion.
"SECTION III. TRANSPORTATION •
It shall be unlawful for any p~~son to tra~sport or move Petroleum
Pro9ucts o; L.~.G. ~s these terms are hereinbefore define~ or Petroleum Products
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 thaP,.:>
on the approved City Routes, except that tank trucks, tank trailers and tank
semi-trailers may use other stre~s in Fire Zone 1 for transportation of Petroleum
Products when on the shortest ~ute between the approved Cit.y Routes and
established wholesale or bulk stOrage business and except when making local
deliver.y in accordance with Section IV~.
•SECTION IV. LOCAL DELIVERY
"It shall be unlawful for any person to make loca1 delivery of
Petroleum Products, or L.P.G. as these terms are herein defined, in the City or
Lubbock except when complying with the following:
•A. Petroleum Products as herein defined 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. as herein defined 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 delivery is made in tank trucks. The use of taDk trailers or
tank semi-trailers for City delivery of L.P.G. is prohibited.
"SECTION V. PARKING OF L.P.G. AND PETROLEUM PRODUCTS TANK TRUCKS
AND TRAILERS a. ETC.
"It shall be unlawful to park Petroleum Products ot L.P.G. tank trucks
tank trailers and tank send-trailers in the City of Lubbock except as provided
below.
"A• When necessary, due to unforeseen emergency or failure btmotive
power beyond the control of the driver of the truck in which case, if the interval
ot time such tank trucks, tank trailers and tank semi-trailers must be parked at
any one place exceeds thirty minutes, the driver shall notify the Police Depart-
ment which shall assist in proper routing and handling of traffic in ~the location
of the parked tank truck, tank tra~er and tank semi-trailer. "
liThe tank truck, tank trailer or tank semi-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 is such that it is possible tommove it
by its own power or with the assistance of a tow 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. During the time such equipment is unavoid-
ably delayed and parked on the street, all reasonable safety provisions zm.1st be
observed.
"B. Petroleum Products tank trucks, tank trailers and tank send.-
trailers may park on the premises of established wholesale dealers at bulk plant
sites, or on ~ privately owned land within the City located in zones as defined by the Zoning Ordinance and the Building Ordinance which permits the property
to be used as a wholesale gasoline bulk storage plant.
"C. Petroleum Products tank trucks, tank trailers and tank semi-
trailers may park at ~ place in the City when necessar,y in the course of deliver.
ing to customers, provided said truck, tank trailer and tank semi-trailer shall
not block any sidewalk nor project into any street··where such projection will
result in the loss of vehicular movement in a marked traffic lane.
"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 garages is permitted, provided, however, that such parking shall be
according to parking rules and regulations of the Cit,y.
•E. Any person or firm who, due to present facilities so loo.ated
that it is impossible to comply with the provisions of Sub-Section c, may make
application to the Traffic Engineer for permission to temporarily block a street
or traffic lane for a specified period ot time, other than the hours of 7s00 A.~
to 9:00 A.M., llsJO A.M. to l:JO P.~, and 4t30 P.M. to 6s00 P.M.
"It shall be unlawful for a~ person to have work done on, or for
any person to do work on, tank trucks, trailers or semi-trailers whUe such is
parked on or partially on public property, including pavement, sidewalks, parkways
and alleyways.
"SECTION VI. STORING QE.I-!IQUEFIED PETROLEUM GA§.
ftNo Liquefied Petroleum Gas shall be stored in the Cit.Y for resale
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 Commission con-
tainer of sixteen pound size or 100 pound size, which size ~ 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 ~ one time.
"SECTION VII. CLARIFICATION AND AMENDING CONFLICTING PARTS OF
ORDINANCE NO • _661.
"Section IX, Heading No. 21 of Ordinance No. 661 whi~ reads •Petrol
Products, whcJesale storage of' is hereby revised and clarified in meaning so that
such heading will not include Liquefied Petroleum Gases as covered in this
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Ordinance and is hereby amended to read 'Fetroleum Products, wholesale storage
of, hlt not including Liquefied Petroleum Gases composed predominately of any of
the following carbob.ydrants or mj.xturea thereof, propane, propylene, butane, and
butylene whether in liquid or gaseous stage. t
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ttSection X. Heading 2 of Ordinance No. 661 which reads 'Acetylene,
butane, propane, etc., gas manufacture or storage, • is hereby amended to read
1Aoetylene, gas manufacture or storage.'
"SECTION VII. VALIDITY OF THIS ORDDlANCE.
"If tor ~ reason any section or provision of this Ordinance is
hd.l.d to be invalid, the same shall not affect any other valid provision.
I •SECTION IX. PENALTY FOR VIOLATION.
tt_Aey 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 Two Hundred and No/100 ($200.00) Dollar ,
and each day the violation exists shall constitute a distinct and separate offense
SECTION II. Ordinance No. 1.309 is hereby expressly repealed.
~ SECTION I I I. The City Secretary is bereb,y directed to publish the
descriptive caption of this Ordinance, together with the penalty clause, as pro-
vided by law.
SECTION IV. This Ordinance being necessary to the public safety, 1 t is
hereby declared to be an emergency measure, thereby creating a public necessity
that the rule requiring proposed ordinances to be presented at two (2) separate
meetings be dispensed with, and this Ordinance is passed by unanimous vote at
the meeting of its introd:1,1ction.
This Ordinance shall be in force and effect following the present reading
and adoption.
AND IT IS SO ORDERED.
On motion of Commissioner Davis , seconded by Co.mmissio
Tboma§ , this Ordinance was passed this 19th day of_
Oectpber , 195..2..,, by the followiJJg votes
WLS:rr
12-19-52
Commissioners voting "YEA "• Morris, Davis, Than as & Mayor Tripp
Commissioners voting ~AY"a None