HomeMy WebLinkAboutOrdinance 6519 ORDINANCE NO.
AN ORDINANCE AMENDING SUBPARAGRAPH 4, PARAGRAPH "A"
OF SECTION 15-180 OF THE CODE OF THE CITY OF FORT
WORTH (1964) , AS AMENDED, BY PROHIBITING MOBILE
SERVICE UNITS; PROVIDING A PENALTY FOR THE VIOLA-
TION HEREOF; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CON-
FLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That subparagraph 4, Paragraph "A" of Section 15-180
of the Code of the City of Fort Worth (1964) , as amended, be
and the same is hereby amended so that the same shall here-
after be and read as follows:
4. No person shall own, operate or maintain
a flammable liquid storage tank maintained on
skids, wheels or similar type of stand and de-
signed or intended to be for the dispensing of
flammable liquids into fuel tanks of motor ve-
hicles. This provision is intended to prohibit
the use of so-called "portable or mobile service
stations" and "mobile service units" constructed
or installed to dispense flammable liquids to the
motoring public or to be used as a mobile device
from which flammable liquids used as motor fuels
may, as an act of retail sale, be dispensed into
the fuel tank of a motor vehicle parked on an off-
street parking facility. This provision shall
not prohibit the temporary use of portable or semi-
portable skid or movable tanks in conjunction
with the dispensing of flammable liquids into the
fuel tanks of motor vehicles on premises not open
to the public or in construction sites. Such in.-
stallations shall be limited to tanks of one thousand
(1,000) gallons aggregate capacity and shall be used
only under permit of the Bureau of Fire Prevention,
The permit shall be for a definite time.
SECTION 2.
That the violation of any provision of this ordinance
or of the Fort Worth City Code relating to portable or mobile
service stations and mobile service units shall be deemed an
offense and punishable by a fine not exceeding Two Hundred Dol-
lars ($200) , and each violation thereof and each day there
is a failure to comply with the terms of this ordinance shall
be and is hereby deemed to be a distinct and separate offense
and punishable as such.
SECTION 3.
That this ordinance shall be cumulative of all provisions
of the Code of the City of Fort Worth (1964) , as amended, and
all other ordinances of the City of Fort Worth, except in
those instances where the provisions of this ordinance are in
direct conflict with the provisions of such Code or other or-
dinances, in which instances said conflicting provisions of
such Code or other ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses
and phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall
be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sen-
tences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
That this ordinance shall become effective and be in full
force and effect from and after the date of its passage and
publication as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
04 �ww w 1
City Attorney
City of bort Worth, Texas
urs
MAUON '- Mayor and Council Communication
DATE REFERENCE SUBJECT: Regulation of Mobile Service PAGE
PAJ4AM NUMBER
7/26/71 G-1795 Stations Sof 1
(iQYOeM
Nnu�s Article llllc-llof the State Penal Code, which was enacted in 1969, regulates
retail gasoline service stations and authorizes the State Board of Insurance
to issue state-wide rules to implement this act. The act provides that City
ordinances in effect on the effective date of the act (September 1, 1969)
will remain valid and may be enforced; however, any ordinance passed after
September 1, 1969, which is inconsistent with the act or the rules of the
Board is invalid.
Mobile service units, which are 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 tank of a motor vehicle parked on
an off-street parking facility, are not presently included within the scope
of the existing State law. Senate Bill 612, however, approved during the
1971 legislative session, does bring mobile service units under the act and
authorizes the State Board of Insurance to promulgate rules and regulations
for the safe movement and operation of mobile service units and for the safe
dispensing of flammable liquids by such units. Senate Bill 612 does provide
that any municipal ordinances in force and effect on the effective date of
this act, including the prohibition of mobile service unit, shall not be in-
validated because of any provision of the act. Senate Bill 612 becomes ef-
fective on August 30, 1971.
The Fire Department and Department of Law have reviewed the existing City of
Fort Worth regulation on the storage and handling of flammable liquids and
recommend that an ordinance be adopted, amending Sub-paragraph 4, Paragraph
A, of Section 15-180 of the City Code to clarify the existing prohibition of
such mobile service stations.
Recommendation
It is recommended that an ordinance be adopted amending Sub-paragraph 4,
Paragraph A of Section 15-180 of the Code of the City of Fort Worth, thereby
clarifying the prohibition of mobile service units within the City of Fort
Worth.
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SUBMITTED BY: DISPOSICOUNCIL: PROCESSED BY
APPROVED ❑ OTHER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER —2G-