HomeMy WebLinkAbout02577 ORD - 08/09/1949o
AN ORDINANCE
AN ORDINAL +CE DEFINING AND RI,GULATING GASOLINE
FILLING STATIO14S RF%U11tI`;G A LICENSS FOR THE
OPEERATION OF SAYE AND PRESCRIBING A LICENSE
FK; PRESCRIBING PENALTIES; AND DECLARING AN
3MGENCY.
WHEREAS, the existence of a large number of gasoline
filling stations in the City of Corpus Christi creates a hazard re-
quiring supervision and regulating by the City of Corpus Christi, and
WHEREAS, many agencies of the City of Corpus Christi are
now involved in the regulation of gasoline filling stations, and
WHEREAS, certain additional regulations are desirable,
and
-- ,VH&14[s S, it is just and proper that the reasonable cost of
supervision and regulation of gasoline filling stations be borne by the
persons engaged in such enterprise, and
WHEREAS, the license fee hereinafter prescribed is reasonable
in consideration of the cost of such supervision and regulation
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MR CITY
OF cmp',S CHRISTI.
Section 1. The term "gasoline filling station" as used in
this ordinance shall mean any service station, garage and /or other establish-
ment engaged in the business of selling at retail gasoline or similar motor
fuels, provided that this term shall not include any private service station
or garage maintained by any person, firm or corporation for the exclusive
purpose of servicing motor vehicles owned by or in the service of such person,
firm or corporation.
The term "Pump" as used in this ordinance shall mean arty
machine equipped and used to raise gasoline or similar motor fuels from a
storage tank and dispense the same through a hose or other devise; provided
that if two or more hoses are attached to the same machine each hose shall be
considered to be a separate "pump". -
Section-2- After the effective date of this ordinance, or the
let day of August, 1949, whichever date is the later, no person, firm or cor-
poration shall operate a gasoline filling station without first having obtained
from the City Secretary of the City of Corpus Christi a "Gasoline Filling
Station License," which shall be issued upon the conditions hereinafter set
forth. .
Section 3. Any person, firm or corporation desiring a Gaso-
line Filling Station License shall file with the City Secretary a written
application stating the following: name of the owner; name of the manager;
location of the filling station, and number of pumps installed. The City
Secretary shall issue the said license in the name of the owner of the
service station provided that:
(a) The manager of the said gasoline filling station is a
person capable of managing the same in manner consonant with the public
safety.
(b) The operation of a gasoline service station at such
location is not in violation of any ordinance of the City of Corpus Christi.
(c) The buildings, fixtures and installations shall be in
accordance with the ordinances of the City of Corpus Christi insofar as they
are applicable to gasoline filling stations, and particularly the Fire Code,
Plumbing Code, Electrical Code and Building Code.
(d) An annual fee shall be paid, on afrr pump basis, of fif-
teen dollars ($15.00) for the first pump and ten dollars ($10.00) for the
second pump and five dollars ($5.00) for each additional pump used, maintained
and operated in such gasoline filling station. Such license shall run from
the let day of August of each year to the 31st day of July of the year folladng,
and the fee for sack gasoline filling station shall be paid pro rata for the
portion of the licensing year remaining at the time the license shall become
due. If any gasoline filling station shall increase the number of its pumps
or pumps
there shall be charged an additional fee for such pump /computed pro rata for
or pwnps
the portion of the licensing year remaining at the time such pump /is installed.
Section 4. A separate license must be obtained by each and
every gasoline filling station operated or maintained and any such license so
obtained shall be transferable only upon sale or lease of the gasoline filling
station, which transfer shall be good for the location for which it was origi-
nally issued and none other; provided that, the transferee shall bring such
license to the office of the City Secretary and have such transfer noted thereon
for the purpose of making arecord of such transfer. There shall be no
refund of any license fee paid under the provisions of this ordinance.
Section 5. (a) Whoever shall aim or manage any gasoline filling
station in the City of Corpus Christi, shall provide a barrel of suitable
size and fastness for the collection of all waste petroleum products which
shall accumulate on the promisee. It shall be unlawful to dispose of such
wastes in such a meaner ae to create a fire hazard or by pouring the same
into the City storm or sanitary sewers. Any person failing to provide a
suitable barrel m required hereby shall be guilty of a misdemeanor, and
upon conviction shall be fined not lass then $5.00 and not more than $25.00,
and each day shall be considered a separate offense. Any person disposing
of petroleum wastes in a manner prohibited hereby shall be guilty of a mis-
demeanor and upon conviction shall be fined not lase than $15.00 nor more
than $200.00.
(b) Whoever shall own or manage any gasoline filling station
in the City of Corpus Christi shall be charged with the duty of keeping the
floors, platforms and ramps in those portions of the station to which the
public is given admittance free of slippery substances. Within the meaning
of this section a substance shall be deemed slippery if it would constitute
such floors, platforms and ramps unsafe footing for normal persons exercising
a reasonable caution for their own safety.
(o) Whoever shall own or manage any gasoline filling station
in the City of Corpus Christi, and shall provide a means of ingress and/or
in
egress to such station and upon the public sidewalk, shall be charged with
the duty of keeping suoh sidewalk free of all obstructions and shall not
park, or permit to be parked on his premises, automobiles in such a manner
that the same obstruct the public sidewalks.
(d) Any person who shall fail to discharge the duties im-
posed by subsections (b) and (o) above shall be guilty of a misdemeanor and
upon conviction shall be fined not lean than $1.00 and not more them $25.00.
Section 6. Whoever shall own or m °fie any gasoline filling
station in the City of Corpus Christi, operate or permit to be operated the
same without first having obtained a valid license from the City of Corpus
Christi as provided for in this ordinance, shall be guilty of a misdemeanor
and shall be fined not less than $5.00 and not more than $200.00. Whoever
shall own or manage any gasoline filling station, operate or permit to be
operated the same, without having paid the full license fee based on the
number of pumps installed in such station as provided for in this ordinance,
shall be guilty of a misdemeanor and shall be fined not less than $5.00 and
not more than $200.00.
If any partnership shall own or manage a gasoline filling station
whiob shall be operated in violation of this ordinance. each partner shall
be deemed guilty individually and severally of such violation. If any
corporation shall own or manage a gasoline filling station which is opera-
ting in violation of this ordinance the President, vice - President, and
Secretary- Treasurer shall be deemed guilty individually end severally of
such violation, as shall be all of its supervisors, agents, and managers
directly involved in the management of such gasoline Filling station. Each
day that any gasoline filling station shall be operated in violation of the
conditions of this ordinance shall 8e deemed a separate offense.
Section 7. Inasmuch as gaaoline filling stations are now subject
to regulation by the City of Corpus Christi, and inasmuch as the additional
regulations enacted hereby arm necessary to the effective enforcement of
regulations now existing creates a public emergency and imperative public
necessity requiring a suspension of the Charter rule providing that no
Ordinance or Resolution shall be passed finally on the day it is introduced,
and that such Ordinance or Resolution shall be road at three several meetings
Of the City Council, and the Mayor having declared that such public emergency
and imperative public necessity exists, and having requested that said Charter
rule be suspended and that this Ordinance be passed finally on the date it is
introduced, and that this Ordinance take effect and be in full force and
effect from and after its passage, IT IS SO ORDAINED.
PASSED AND APPROVED this the ='day of August, 1919.
TEST:
i ears
OV6D AS 0 T.FY:AL F08Mi
Attorney
C
6City Oef Corpus Chr isti, as
Corpus Christi, Texas
0141. q, `ltzl
TO THE MEMBERS OF THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI
Gentl ®en:
For the reasons set forth in the emergency clause of the foregoing
Ordinance, a public emergency and an imperative necessity erist for the
suspension of the Charter rule or requirement that no Ordinance or Resolu-
tion shall be passed finally on the date it is introduced, and that such
Ordinance or Resolution shall be read at three several meetings of the
City Council; I, therefore, hereby request that you suspand said Charter
rule or requirement and pass this Ordinance finally on the date it is intro-
duced, or at the present meeting of the City Council.
Respectfully,
4YOR
it.1 Corpua sti, Te�A'
The Charter rule was suspended by the following vote:
Leslie Wasserman n
Jack DeForrest
Barney Cott
Sydney d. Herndon
George L. Lowman l
The above Ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
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