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NO. 36 GRDINANCE No.A . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: GENERAL PROVISIONS: 1. Gasoline Defined: Gasoline is a flammable liquid herein- after defined by reason of its explosive character and flammability when exposed to fire whatever its source of origin may be. 2. Title: This ordinance shall be known as "an ordinance regulating and governing the sale and disposal of gasoline, and the keeping of gasoline on premises in unapproved containers, as a fire safety measure to prevent death and injuries and property destruction by fire in the misuse of gasoline, lIin the City of Schertz, Texas, and may be referred to as liThe Gasoline Safety Ordinance. II 3. Application: This ordinance shall apply to all persons, firms, agencies, corporations, or copartnerships selling or dis- posing of gasoline in anY manner, and to all property owners of buildings and premises of every kind, character and description where people are housed or employed in any profession, and to the occupants of such buildings and premises as tenants. 4. Purpose: The purpose of this ordinance is to regulate and control the sale and disposal of gasoline to the extent that all gasoline sold or disposed of by any person or persons, firm, agency, corporation or copartnership, in quantities of five gallons or under, shall be dispensed into an approved metal automatic self closing type container, or shall be dispensed into an air tight metal lid container as a substitute for the approved metal automatic self closing type container, and to require each property OWner or tenant who shall keep gasoline on, in or about his premises in quantities of five gallons or under, to keep such gasoline in an approved metal automatic self closing type con- tainer, or in an air tight metal lid container as a substitute for the approved metal automatic self closing type container" as a fire prevention measure to protect life and property from the hazards and danger of fire. 5. Scope: This ordinance shall apply to gasoline, a flammable liquid as hereinafter defined. Page 2. . ,Gasoline Safety dinance . 6. Containers Defined: An approved metal automatic self closing type container shall mean a closed container as herein defined, so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary tem- peratures. An air tight metal lid container shall mean a container constructed of metal or the equivalent thereof, other than glass or materials that are breakable, properly equipped and fitted with a metal lid or the equivalent thereof, in such a manner and to the extent that the container will be air tight and the con- tents thereof will not spill if dropped or turned over, and the contents will not ignite when exposed to open flame or ignition, and that neither the liquid nor vapor will escape from it at ordinary temperatures, and so designed for safety purposes against the danger of fire. 7. Flammable Liquid: Flammable liquid as herein applied to gasoline shall mean any liquid having a flash point below 200 degrees F., and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees F., and as more fully defined in a publication nationally and internationally known as IINBFU 30 - Standards Of The National Board of Fire Underwriters For The Storage, Handling And Use Of Flammable Liquids As Recom- mended By The National Fire Protection Association,JI the mailing address being National Board of Fire Underwriters, 85 John Street, New York 38, N.Y. 8. Flash Point shall mean the minimum temperature in degrees Fahrenheit at which a flammable liquid will give off flammable vapor as determined by appropriate test procedure and apparatus as specified and more fUlly defined in "NBFU 30 - Standards Of The National Board Of Fire Underwriters For The Storage, Handling And Use Of Flammable Liquids As Recommended By The National Fire Protection Association, II the mailing address being - National Board of Fire Underwriters, 85 John Street, New York 38, N.Y. NOW THEREFORE BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Page 3. . ,Gasoline Safety dinance . . Section l. Dispensing Containers: That from and after the adoption of this ordinance it shall be unlawful for any person or persons, firm, agency, corporation or copartnershiP to sell to dispose of gasoline in any manner in a container of five gallons in capacity or under, unless such container is of the approved metal automatic self closing type listed in the publications of the Underwriters' Laboratories, Inc., Chicago, Illinois, or Factory Mutual Engineering Division and Laboratories, Norwood, Massachusetts, or other nationally known and recognized under- writers or similar organization, so designed that the contents can be poured without spilling, and will not spill if turned over, and contents will not ignite when the container is exposed to open flame or ignition, and so designed for safety purposes against the danger of fire; provided, however, that it shall be permissible to dispense gasoline into an air tight metal lid container of five gallons in capacity or under, so designed that the container will be air tight and will not leak, break or erupt if dropped, and will not spill if dropped or turned over, and the contents will not readily ignite when the container is exposed to open flame or ignition, and so designed and cared for so that small children, in particular, who are unaware of the danger and flammability of gasoline will not have easy access to the contents of the container, and will not be exposed to the danger of gasoline or its vapor, and so designed for safety purposes against the danger of fire. Section 2. Dispensing Containers of Keepers or Possessors of Gasoline: It shall be unlawful for any property owner of owners, occupants or tenants of a property owner or owners of any building, buildings, structure or structures of any kind where people are housed as a home, apartment, boarding house, or any other type of occupancy of any kind or character, whether they be housed or employed, to keep gasoline in, upon or about such premises in quantities of five gallons or under unless such gasoline is kept in a container of the approved metal automatic self closing type listed in the publications in Section 1, above referred to; or in an air tight metal lid container as a sub- L In Page 4. . . Gasoline Safety ~dinance . stitute for the approved type container, and so designed for safety purposes against the danger of fire. Section 3. Labeling: It shall be unlawful for any person or persons, firm, agency, corporation or copartnership to sell or dispose of gasoline in any manner in a container, unless such container is clearly marked with the word "Gasoline" printed on each .container, and this may be done by printing on the container or by attaching a suitable label on the container so it will remain thereon firmly attached, and this same provision of labeling shall apply to any owner or owners, occupants or tenants of buildings of every kind and character, including dwellings and other buildings where people are housed as living quarters or where people work or are employed in any capacity, who keep gasoline in, upon or about their premises. Section 4. Penalty: Any person or persons, firm, agency, corporation or copartnership violating any of the provisions of this ordinance or failing to comply therewith, shall be deemed guilty of a misdemeanor, and upon conviction for violation thereof, shall be fined in any sum not less than ten dollars ($lO.OO), and not more than fifty dollars ($50.00) for each separate offense. Section 5. That this ordinance shall become effective after its passage, approval and publication as required by law. Passed this the 7 Approve d this the 7 NOVEMBelZ day of October, A.D., 1960. day of /I/ovENI13Ee A.D. 1960. Approved: . ::2/'-0' IJ' / A'. 1./ / i ,c--L/2e. ~~~(?~ Mayor City of , Texas.