HomeMy WebLinkAbout406 08-10-1971ORDINANCE NO. 406
AN ORDINANCE ADOPTING THE 1970 EDITION OF THE FIRE
PREVENTION CODE RECOMMENDED BY THE AMERICAN INSURANCE
ASSOCIATION; PROHIBITING MOBILE SERVICE UNITS; PROVID-
ING FOR THE ENFORCEMENT THEREOF; PROVIDING FOR APPEALS
FROM ADMINISTRATIVE DECISIONS; PROVIDING A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS:
There is hereby adopted by the City of Euless for the purpose of
prescribing regulations governing conditions hazardous to life and property
from fire or explosion, that certain Fire Prevention Code known as the
"Fire Prevention Code, 1970 Edition" recommended by the American Insurance
Association, and the same is hereby adopted and incorporated as fully as if set
out at length herein, and from the date on which ordinance shall take effect,
the provisions thereof shall be controlling within the limits of the City
of Euless.
2.
It shall be unlawful for any person, firm or corporation to sell or
dispense fuel from a mobile service unit in the City of Euless, or to
operate the same as a service station, including self service.
A Mobile Service Unit, as used in this section, shall mean and include
any vehicle, tank, tank truck, or other mobile device from which flammable
liquids used as fuel may, as an act of retail sale, be dispensed into the
fuel tank of a motor vehicle. It is the intent of this section to prohibit
mobile gasoline filling stations which either park or roam around on off -
street parking lots and from which the driver or attendant makes sales of
gasoline to persons whose vehicles are parked on such lots.
This section shall not apply to the delivery of liquified petroleum
gas to lawful recipients having proper containers other than motor vehicles,
or to the emergency delivery of motor fuel to a stalled vehicle.
3.
The enforcement of this code shall be by the City Manager of the
City of Euless, or such other official as may be designated by him. Such
official shall have power to modify any of the provisions of the Fire Pre-
vention Code upon application in writing by the owner or lessee, or his
duly authorized agent, when there are practical difficulties in the way of
carrying out the strict letter of the code, provided that the spirit of
ITEM IV
Council Minutes
August 10, 1971
the code shall be observed, public safety secured, and substantial justice
done.
4.
Whenever it is claimed that the provisions of the code do not apply
or that the true intent and meaning of the code have been misconstrued or
wrongly interpreted, an appeal from the decision of the designated official
may be made to the City Council within thirty (30) days from the date of
the decision appealed.
5.
Any person, firm or corporation violating the terms and provisions
of this ordinance shall be deemed guilty of a misdemeanor, and shall be
fined not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars
($200.00), and each day that such violation continues shall be a separate
offense; this penalty shall be cumulative of all other remedies.
6.
The provisions of this ordinance shall be, and they are hereby, de-
clared to be severable, and should any portion thereof be declared to be
invalid for any reason by a court of competent jurisdiction, such holding
shall not affect the remaining portions hereof.
7.
The fact that the enactment of a Fire Prevention Code is necessary
to preserve the public business, peace, health, safety and general welfare,
creates an urgency and an emergency in the immediate preservation of same,
and requires that this ordinance shall take effect immediately from and
after its passage, and it is accordingly so ordained.
APPROVED AND ADOPTED ON FIRST AND FINAL READING on the 10th day of
August , 1971, at a regular meeting of the City Council of the City of
Euless, Texas, by a vote of 4 ayes and 0 nays.
ATTEST-
City Secretary
APPROVED AS TO FORM:
C Vty Attkrney
APPR ED:
MXYOR PRO TEM `