HomeMy WebLinkAboutOrdinance 3424 i F14 Fo F
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ORDINANCE NO . 3424wp
AN ORDINANCE AMENDING SECTION 9 - 7 OF o or'oy II
FAYETTEVILLE CODE OF ORDINANCES TO REGULATE < <MFy00 -4q
THE USE OF ABOVE-GROUND STORAGE TANKS FOR F�1'
FLAMMABLE LIQUIDS AND LIQUIFIED PETROLEUM
GASES , M(tROMMED
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
v
Section 1 . Section 9 - 7 of the Fayetteville Code of
W
Ordinances is hereby amended to read as follows :
J
J_
( a ) It shall be unlawful for any person to store
Class I or Class II flammable and combustible
} liquids , as defined by the Arkansas Fire
a
Prevention Code in above -ground storage tanks
provided , this prohibition shall not apply to
above - ground storage tanks existing on May 2 ,
1989 which are installed in compliance with
all requirements of the Arkansas Fire
Prevention Code or National Fire Protection
Association Standard No . 30 entitled
" Flammable and Combustible Liquids Code " . The
Fire Chief , or his designated agent , shall
have the authority to require the removal of
any above -ground storage tank existing on May
2 , 1989 upon a determination that the tank
creates a safety hazard to life or property .
( b ) The storage of liquified petroleum gases in
above -ground tanks is prohibited in any of the
designated Fire Districts of the City of
Fayetteville provided , this prohibition shall
not apply to tanks existing on May 2 , 1989
which are installed in compliance with
requirements of " Arkansas Fire Prevention
Code " and the " State Code , Liquified Petroleum
Gas Container and Equipment . "
( c ) Nothing in this Section shall prohibit the use
of Class II liquids in outside above -ground
tanks having capacities between 60 and 600
gallons for farm use .
Section 2 , The Board of Directors hereby determines that the
storage of flammable liquids and liquified petroleum gases in
above - ground tanks is hazardous to the public health , safety and
welfare and hereby determines that the immediate passage of this
ordinance is necessary to prohibit such storage . Therefore , an
emergency is hereby declared to exist , and this ordinance being
necessary for the public health , safety and welfare shall be in
full force and effect from and after its passage and approval .
wrRIU498PAGE553
PASSED AND APPROVED this 2nd day of May 1989 ,
APPROVED
By : 14�:Zaf1
Mayor
ATTEST
By : rwe,
gtV Clerk
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1, -Alma Kollmeycr, C rt 'k
Ex-officio Records r,. OP, - if i
'Arkansas, do hereby c. rile -
strument was hied for • .o . - U
as indicated hereon a. < i c ✓
RF duly recorded with tr. . : If,
CERTIFICATE OFR hnd certificate thcreo., • L,
Arkansas Ss Page as indicated themu.i.
State of IN WITNESS WHEREC =, hove !'t ---
City of Fayetteville City Clerk and
ivicWethy. Set my hand and affixed Ita .eo. 0; ;a.
1, Suzanne C. etteville, ',Court on the date indicated heracn.
Ex-Officio recorder for the City
the annexed or fore alma Kollmeyer
do hereby certify office and the salve ap
Circuit Clerk and
going is o4 record in i& esolution book fxcNicio Roe
or
pears in Ordinance & 6 9 Witness my
N/ at page--- ' day day of tir
nd and seal this 19
d ficio ec de
E4R
it jerk an
s
STATE of ARKANSAS 1
j} as.
County of
Washington (q' s.
�'OROINANCE NO. 76z0� 1, - ��Cr`� `' i ( '�, hereby certify that
. AN ORDINANCE AMEN- am the publisher of T E NORTHWEST ARKAI AS TIMES, a dally newspaper
DING SECTION 9-70F THE having a second class mailing privilege• and being not less than four pages of
FAYETTEVILLE CODE P g
OF ORDINANCES TO five columns each, published at a fixed place of business and at a fixed (dally)
REGULATE THE USE OF intervals continuously in the City of Fayetteville, County of Washington, Arkansas
A 8 0 V E - G R O U N D
STORAGE TANKS FOR for more than a period of twelve months, circulated and distributed from an
FLAMMABLE LIQUIDS established place of business to subscribers and readers generally of all classes
'. AND ' ' MGAS I . , PET- In the City and County for a definite price for each copy, Or a fixed rice per
IAND LI UIFI P
BE IT ORDAINED BY : - annum, which price was fixed at what Is considered the value of the publication,
. THE BOARD OF DIREC- based upon the news valueand service value it contains, that at least tiff
. TORS OF THE CITY OF easYpercenl
. F A Y E T T E I L L E , of the subscri bets thereto have paid cash for their subscriptions to the newspaper
' ARKANSAS: .. _ — - - or its agents or through recognized news dealers over a period of at least six
Section 1. Section 9.7 of the months; anthat the said newspaper ublishes an average of more than forty
Fayetteville Code 9. Ordhand hidP g
nances is hereby amended to percent news matter. ._
read as follows:
(a) It shall be unlawful for
any person tostore Class l or I further certify that the legal notice hereto attached in the matter of
Class 11 flammable and
tcombustible fiqulds,: as, t
Fire .-ground son code . In '`1 �(�yL Qn( I.
provided, this
storage tan"
provided, this prohibition /
shall not . applytoabove- was published In the regular daily issue of said newspaper for
ground Storage tanks ex. consecutive insertions as follows:
Isting on May 7, 1989 which
are Installed in compliance ��}} � � q
with all requirements of the The first insertion on the � da of
Arkansas Fire Prevention Y 19 _
Code s National Fire Prevention
-
tection Association Standard the second Insertion on the da of 19
No. 30 entitlect "Flammable Y
and Combustible Liquids
Code." The Fire Chief, or his the third insertion on the day of 19
designated agent, shall have
the ground
Stora to require the
g
removal of any above. and the fourth Insertion on the y—o
grountl storage tank existing
de rmi z, 1ha upon e
creatmi a Safety
that the d to
creates o safety hazartl to
Iif(b) property. - .t Sworn to and subscribed before me o his °- 'K day o/ f
(b) The storage of in
cuffed petroleum gases o- C
aboveground tanks is pro- �.L�-A._ q
natedtl In any of the f the
City of
Fire ttevilles of the
City of Fayettevilleo-
etl, this Prohibition shallall not
apply to tanks existing on \ a • Public . .
May 7. 1989 which are .in-
stalled In compliance with -
requirements of "Arkansas My Commission Expires: ,
Fire Prevention Code" and
the "State Code, Liquified (,(,/ _ n / • �
Petroleum Gas Container i 't
and Equipment."
- (U Nothing in this Section �• , f
-shallprohibit the use ' of
Cis" If liquids In outside
above-ground tanks having I ) t
capacities between 60 and
600 gallons for farm use. Fees for Printing
Stolon 7. The Board of
Directors hereby deter. Cost of Proof —. 5 • �
Tines that the, storage of
flammable liquids and 11-, ���l (Q� � 9
_ quified Petroleum gases in Total 3 SJR.
above-ground tanks Is haz-
ardouS to the public health,
safety and welfare and
hereby determines that the
, immediate passage of this
ordinance is necessary tc,
prohibit such storage ,
Therefore, an emergency isj
' hereby declared to exist,'.
and this ordinance being
necessary for the public
health, safety and welfare
shall be In full force and all
fact from and after Its
passage and approval.
: PASSED AND APPROVED'
,this 2nd day of May, 1989.
I)ot - '1' ' ." 'APPROVED
"
By: William V. Martin
ATTEST ` , . - Mayor
By: Suzanne MCWethy_ .a
City Clerk