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
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S day of November, 1970.
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ATTEST:
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, .- Secretary
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