Chapter 5.15
SELF-SERVICE GASOLINE STATIONS
Sections:
5.15.020 Repealed.
5.15.030 When self-service by customer prohibited – Duty of attendant(s).
5.15.040 Signs and emergency equipment.
5.15.010 Classifications.
(1) A self-service gasoline station includes any gasoline station whose customers are permitted to pump their own gasoline by such special devices as coin-operated, card-operated, and remote pre-set type services.
(2) Class one liquids includes those liquids having flash points below 100 degrees Fahrenheit, which includes gasoline. (Ord. 116 § 1, 1970)
5.15.020 Attendants and their duties.
Repealed by Ord. 593. (Ord. 116 § 2, 1970)
5.15.030 When self-service by customer prohibited – Duty of attendant(s).
(1) No customer who is either smoking, or apparently under the influence of liquor or drugs, or who appears to be mentally or physically incompetent, shall be allowed by the attendant to operate the self-service gasoline device.
(2) It shall be the duty of the attendant to provide instruction and guidance to the customer-operator in the event that said customer-operator is not familiar with the equipment and procedure. If it appears at any time that the customer-operator is not following instructions or there appears to be any hazard or emergency endangering the person or the operation, the dispensing unit shall be immediately shut off. (Ord. 116 § 3, 1970)
5.15.040 Signs and emergency equipment.
(1) Signs plainly visible on the lot from any point shall be posted calling attention to special direction for filling portable containers.
(2) Each self-service station shall be equipped with sufficient “no smoking” signs so as to be readily observed by the patrons from any point of the dispensing area.
(3) Adequate signs posted on each island shall require that all motors be shut off and brakes set during the time that flammable liquids are dispensed into the cars from the self-service devices.
(4) Emergency telephone numbers including fire, police, and ambulance shall be posted in large type near telephone facilities. Sufficient telephone facilities shall be maintained by the operator in the station so as to permit quick outgoing calls at any time.
(5) Fire extinguishers approved by the fire marshal’s office shall be provided within 75 feet of each pump island and shall at all times be kept in good working order and subject to inspection.
(6) Other fire control devices such as emergency shut-off switches shall be installed as approved by the fire marshal’s office and tested periodically to insure their proper operation. (Ord. 116 § 4, 1970)
5.15.050 Portable containers.
(1) No person may fill with gasoline or petroleum fuel products a portable container that is not visibly marked by the manufacturer of that container that the container is for the storage of gasoline and/or petroleum fuel products. Such must be fitted with a tight fitting closure, which could include a screw type closure or a spring cover or some similar device, and is also fitted with a spout or so designed that the contents can be poured easily without spilling.
(2) Under no circumstances shall glass containers, nor any other container not meeting the requirements noted above, be used for the holding of flammable liquids, either on the premises or to be taken from the premises. (Ord. 593 § 2, 2011; Ord. 116 § 5, 1970)
5.15.060 Pumps.
(1) Any self-service gasoline station to include card locks shall utilize automatic shut-off nozzles that comply with state and federal regulations and standards and are designed to ensure that the pump will automatically shut off before any gasoline overflow. These nozzles are to be of smooth design so as to be readily removed from the fill pipe opening.
(2) Such automatic shut-off nozzles shall be maintained in proper and effective operating conditions at all times. If a pump becomes out of order, the pump, of which the nozzle is a part, shall be plainly marked “out of order,” as well as being either locked and/or turned off in order to prevent the use of the defective pump. (Ord. 593 § 3, 2011; Ord. 116 § 6, 1970)
5.15.070 Violation – Penalty.
(1) A violation of FMC 5.15.030(1) and 5.15.050 resulting in: (a) minor injury to any person that does not require professional medical attention; or (b) the minor damage (damage requiring less than $250.00 to fix and/or repair) to real or personal property; or (c) the release/spill of gasoline in the quantity of more than five gallons and less than 10 gallons shall be subject to a civil penalty in the form of a fine that will not exceed $250.00 plus the payment by the violator of any and all court related fees and costs. A person determined by a court to have violated these provisions shall also be ordered to pay full restitution to the damaged party as part of court imposed penalty.
(2) A violation of FMC 5.15.030(1) and 5.15.050 resulting in: (a) significant injury to any person requiring professional medical attention; or (b) significant damage (damage requiring more than $250.00 to fix and/or repair) to real or personal property; or (c) the release/spill of gasoline in the quantity of more than 10 gallons shall be subjected to a civil penalty in the form of a fine that will not exceed $1,000 plus the payment by the violator of any and all court related fees and costs. A person determined by a court to have violated these provisions shall also be ordered to pay full restitution to the damaged party as part of court imposed penalty.
(3) Each day’s violation shall constitute a separate offense punishable under this chapter. (Ord. 593 § 4, 2011; Ord. 116 § 7, 1970)