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ORDINANCE 222-Self-serve Gas Station ORDINANCE NO. ;2 2 2 AN ORDINANCE AMENDING ORDINANCE NO. 187 OF THE CITY OF SCHERTZ, TEXAS, AND REPEALING SUCH PORTIONS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Definition. (a) The City Council finds the term "volatile or flammable liquids"::::as used in this ordinance means and in- eludes gasoline commonly and generally used in the operation of motor vehicles. (b) The City Council finds that the term "self- service gas station" as used in this ordinance means and in- eludes any garage, service station or other dispensary that dispenses any volatile or flammable liquids as defined in this ordinance, selling or dispensing of same to the public by permitting the delivery or dispensing of such liquid into the fuel tank of a motor vehicle or any other dispensary by other than the owner, operator or regularly authorized employee of such owner or operator of such garage, service station or other dispensary. Section 2. Dispensinq Volatile or Flammable Liquids. No owner or operator of any self-service gas station shall per- mit delivery or dispensing of any volatile or flammable liquids into the fuel tank of a motor vehicle or any other dispensary when such delivery or dispensing is done within fifty (50) feet of real property belonging to other than the owner 6r operator of such self-service gas station. Section 3. Approval of Plans For Self-Service Gas Station By Planninq And Zoninq Commission. No owner or operator of a self-service gas station as above defined shall allow the delivery or dispensing of volatile or flammable liquids into the fuel tank of a motor vehicle or any other dispensary by other than a regular authorized employee or by such owner or operator of such self service gas station unless the plans for such self-service gas station, including the point or points of dispensation or delivery of any such volatile or flammable liquids into the fuel tank of a motor vehicle or any other dispensary, are presented to the Zoning and Planning Commission of the City of Schertz, Texas and no such self-service gas station shall be operated in said City by any person, firm or corporation unless the same be found by such Zoning and Planning Commission to be in compliance with this ordinance, the laws of this State, the ordinances of this City and the zoning regulations of the City of Schertz, Texas. Section 4. Standards of Operation. No self-service gas station shall be operated within the City of Schertz, Texas, unless: (a) Same is operated and constructed in conformity with requirements set out in Article llllc, "Penal Code of the State of Texas." (b) The rules and regulations for the safe storage, handling and use of flammable liqu~ds at retail service station of the State Board of Insurance are complied with. (c) The applicable provision of the published standards of the National Fire Protection Association, in effect as of the effective date of this ordinance, covering the storage, handling and use of flammable liquids at retail service stations are in all respects complied with. Section 5. Each Unauthorized Sale: Separate Offense. Each sale or delivery of volatile or flammable liquids as herein defined not in conformity with the terms and conditions of this ordinance shall constitute a separate and independent offense under this section. Section 6. Repealing. Any portion or portions, sections, clauses or phrases of Ordinance No. 187 of the City of Schertz, Texas in conflict herewith are hereby repealed._2_ Section 7. Construction of Ordinance. Nothing in this ordinance shall be construed to conflict with or to supercede Article llllc "Penal Code of Texas" and any portion, portions, paragraph, section, sentence, clause or phrase of this ordinance in conflict therewith shall not invalidate any of the remainder of such ordinance. In the event any section, portion, portions, sentence, clause or phrase of this ordinance were held unenforceable, invalid or unconstitutional, it is the intent of this council that the remainder thereof shall remain In full force ~~~ffect. Section 8. Penal Clause. Any person, firm, partnership, or corporation who violates any provision of this section or fails to comply with any such provisions shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one dollar ($LOO) nor mone than one hundred dollars ($lOO.OO) . PASSED AND APPROVED this - ---tr\. S day of November, 1970. ,/'-) ,~ . ! I i//j (t>-'-1-..f1! VJi>,A--!lt'LiA' . May~ ~ ATTEST: -J '/~;l ,.,/ /' ---'~J -?.~ /!-;:/4-~~ (V' L>~~J"'A / , .- Secretary -3-