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HomeMy WebLinkAboutORD 86-03 j ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ARTICLE XIX OF THE FIRE PREVENTION CODE OF THE CITY OF BEAUMONT BY ADDING DIVISION 9 ENTITLED "UNLAWFUL SPILLS PENALTY" WITH SECTION 13-19.901 ENTITLED "UNLAWFUL SPILLS" AND SECTION 13-19.902 ENTITLED "PENALTY" ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that the improper spilling, discharging or releasing of hazardous chemicals or hazardous material constitutes a substantial danger to the public health, and in order to protect the public health and safety this Council hereby enacts the following ordinance. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1 . That Division 9 , Sections 13-19 .901 and 13-19 .902, is hereby added to Article XIX of the Fire Prevention Code of the City of Beaumont and shall henceforth read as follows: "DIVISION 9 . UNLAWFUL SPILLS, DISCHARGES OR RELEASES AND PENALTY "SEC . 13-19 .901 UNLAWFUL SPILLS "Any person, firm, or entity that participates in any of the following occurrences, individually or as a supervisor or as an employing person, firm or entity that has knowledge thereof, shall, in each instance, immediately report the same to the Fire Alarm Dispatcher of the Beaumont Fire Department: " (1 ) Any unlawful spill, discharge or release of a hazardous chemical of hazardous material. " (2 ) Any spill, discharge, or release of a hazardous chemical or hazardous material ©-,W-3 f-iy-�, , into, on, or at any place or receptacle not designed to receive the same. It shall be a defense to any charge arising under this Subsection (2 ) that the amount spilled, discharged or released was, in fact, in such an amount as to not constitute unreasonable risk to the health, safety or the welfare of the public. " (3 ) Any spill, discharge or release of a hazardous chemical or hazardous material that produces an unreasonable risk to the health, safety, or the welfare of the public. "SEC . 13-19 -902 PENALTY "Any person, firm, or entity that violates any provision of this Division of Article XIX of the Fire Code of the City of Beaumont, Texas, shall be fined by a fine up to one thousand dollars ($1 ,000.00) but not less than fifty dollars ($50.00) . " Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . Publication of this ordinance shall not be in the Code of Ordinances of the City of Beaumont but the City Clerk is directed to publish said Code in a separate volume. 2 - d ��3 i PASSED BY THE CITY COUNCIL of the City of Beaumont this the /l,fjl day of 1984 Mayor - 3 -