Ordinance 420
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o R DIN A N C E
NO. 420
AN ORDINANCE PROVIDING FOR FIRE CONTROL, REGULATING FIRE
HAZARDS AND CONDITIONS CREATn~G FIRE HAZARDS WITH REFERENCE TO
THE MAINTENANCE, CONSTRUCTION, ALTERATION OR REPAIR OF BUILDINGS,
THE BURNING, DISPOSAL AND STORAGE OF RUBBISH AND COMBUSTIBLE
MATERIALS, THE STORAGE AND USE OF GASOLI~ffi, PETROLEUM PRODUCTS
AND LIQUEFIED PETROLEUM GASES IN THE CITY OF GILROY, DECLARING
CERTAIN FIRE HAZARDS TO BE A NUISANCE, AND PRESCRIBING THE
PENALTY FOR VIOLATION OF THE TERMS AND PROVISIONS OF SAID
ORDINANCE.
THE COMMON COUNCIL OF THE CITY OF GILROY DO ORDAIN AS FOLLOWS:
SECTION 1: OBSTRUCTING AISLES, ETC.
It shall be unlawful
for any person to obstruct any aisle, passage-way, corridor or
stairway of any church, assembly hall, theater or other public
building in said City, and used for the purpose of worship,
instruction, entertainment or public assemblages, by standing
in or occupying said aisles, passage-ways, corridors or stairways
during or preparatory to any service, performance, exhibition,
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lecture, concert, baIlor other public gathering, or by placing
therein any chair, settee, camp stool or other obstruction. And
it shall be unlawful for the lessee, manager, owner or person in
struction.
charge of such building to suffer, allow or permit any such 00*
Aisles shall be defined as the passage-way between seatl:"-
between the seats and wall.
SECTION 2: ASHES.
It shall be unlawful for any person
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deposit or cause to be deposited any ashes, coals, cinders or other
remains of fire in or on any combustible receptacle or structure
or to suffer or permit the same to be done.
SECTION 3t KINDLING FIRE.
It shall be unlawful for any
person to kindle any fire or bonfire on any public way or square
or anywhere in the open air, without a permit from the Chief of
the Fire Department who may require any reasonable precautions
before granting the same; and any person so acting under permit
shall do so at their own risk.
SECTION 4: RUBBISH.
It shall be unlawful for any person
to permit paper, rags, waste or combustible rubbish of any char-
acter to accumulate in any quantity in any building, yard, alley
or other place so as to increase the danger of fire. The accumu-
lation of such rubbish is hereby declared to be a nuisance and
it shall be the duty of the Public Health and Safety Committee
of the Common Council of said City to see that such nuisance is
abated immediately after discovery, using summary measures if
necessary to effect immediate abatement.
SECTION 5: FIRE APPARATUS.
It shall be unlawful for any
person to break, remove, damage, disturb or in any wise interfere
with any apparatus or appurtenance of the fire system without
first having a special permit or authority so to do from the
Chief of the Fire Department; or
Wilfully and negligently to obstruct or impede any member or
apparatus of the Fire Depa~tment when such member or apparatus is
going to or engaged in extinguishing a fire; or
Wilfully or negligently to drive any vehicle over ov
any hose of the Fire Department, such hose then and the~
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being fully protected from damage thereby; or
Wilfully or negligently following fire apparatus closer than
five hundred (500) feet when answering an alarm, or parking with-
in one block of any fire.
SECTION 6: FALSE ALARM.
It shall be unlawful for any person
wilfully to give or turn in a false alarm of fire.
SECTION 7: WATER COCKS OPEN.
It shall be unlawful for any
person to open or leave open, except for ordinary household pur-
poses, any faucet or water cock directly or indirectly connected
with the source whence the Fire Department derives its supply of
water for extinguishing fires, or to use or continue using such
water supply for irrigation purposes from and after an alarm of
fire during any part of the time the Fire Department is drawing
upon such water supply for the extinguishment of a fire.
SECTION 8: GARAGES; CLEANING AND DYEING WORKS.
No wooden
building in the City of Gilroy shall be used or maintained or
business carried on therein as a public garage, or as a cleaning
and dyeing works, that keeps in said building in excess of five
gallons of hydrocarbon liquid as defined in SECTION IO of hhis
ordinance; provided however that this section shall not apply to
public garages now doing business in wooden buildings.
All garages and oil filling stations selling gasoline or
other hydrocarbon liquids, and all stores and places of business
in which are stored more than five gallons of hydrocarbon liquid
as defined above, shall keep on hand for immediate use in case of
fire, the following articles, to-wit: Two buckets of sand, at
least two 2t gallon automatic fire extinguishers, and two hand
extinguishers of carbon tetrachloride or foamite type.
The following rules shall be observed in public garages, ser-
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vice stations, dyeing and cleaning works, stores and places of
business:
(a) No smoking shall be allowed in or about public garages,
service stations, and dyeing and cleaning works. The owner of
such place of business shall post conspicuously uniform signs:
ltSMOKING PROHIBITED BY ORDINANCE," in and about such premises.
(b) The motor in a motor vehicle in or about a public garage
or service station shall be stopped while the tank of said motor
vehicle is being filled.
(c) All oils, oils drawn from automobiles, rags and waste of
every kind, kept in or around garages, service stations, and dyeing
an4 cleaning works shall be confined in metal containers, properly
equipped with covers, and shall be kept covered.
(d) It shall be unlawful for any person to light a match or
candle or to carry or use any exposed burning material, except in
the necessary conduct of business, within the confines of any such
place of business within the City limits of Gilroy.
SECTION 9: ENTERING BURNING BUILDINGS,
No person, except
by permission and under authority of the Chief of the Fire Depart-
ment, shall enter any burning building, after the Fire Department
has aI'rived at such building; and when it is so ordered by the
Chief of the Fire Department all persons must move to a distance
of not less than fifty (50) feet from such building and to a dis-
tance of not less than twenty-five (25) feet from any apparatus of
the Fire Department while going to or returning from any fire or
while engaged in putting out a fire.
SECTION 10: STORAGE, PETROLEUM: QUANTITIES.
It shall be
unlawful for any person to keep or store, or permit the keeping or
storing of, within any building in said City or upon any premises,
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street or place within said City, any gasoline, benzine, naptha,
crude petroleum or products of petroleum, or hydro-carbon liquid
which will flash or emit an inflammable vapor at a temperature
below one hundred and ten (lIO) degrees Fahrenheit, in quantities
of more than five (5) gallons, and any quantity in excess of five
gallons must be stored outside the walls of any building at a spot
designated by the Public Health and Safety Committee of the Common
Council of said City; provided that this shall not apply to tanks
used in automobiles or auto trucks to supply motive power, and
except as in this ordinance hereinafter provided.
All applicants for permission to
SECTION II: PERMIT STORAGE.
store, keep on hand or use more than five (5) gallons of any of the
hydro-carbon liquids mentioned in this ordinance shall cause to
be posted conspicuously on his, her or their premises a notice to
the effect that application will be made for such a permit. Said
notice shall be posted at least one week before the filing of the
application and be kept posted until said application is finally grant-
ed or denied.
If the quantity desired to be stored is more than five and less
than two hundred fifty gallons, the application must be made to the
Public Health and Safety Committee of the Common Council of said
City, which, before any action is taken thereon, shall refer the
same to the Chief of the Fire Department for investigation, which
officer shall recommend the conditions advisable to be embodied in
any resolution granting such privilege to the petitioners.
SECTION 12: STORAGE AMOUNT, SPECIFICATIONS, RULES.
(a) On
written permission of the Public Health and Safety Committee of the
Common Council of said City, it shall be lawful to keep or store
any of the hydro-carbon liquids herein mentioned in quantities of
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of more than two hun~ed and fifty (250) gallons and up to fifteen
hundred (1500) gallons, in which case the same shall be kept or
stored in tanks constructed of boiler iron or steel of not less than
No. 10 U.S. standard gauge galvanized steel or heavier if the Chief
of the Fire Department so directs, oxyacetylene or electric welded
or riveted and caulked, coated with tar or other rust-resisting
material. Such tanks shall be buried outside the walls of any
building under the sidewalk or as near the curb as possible, the
top of same to be at least four feet (4) below the surface of the
earth and completely covered with at least four (4) feet of earth;
provided, however, it shall not be necessary for the top of said
tank to be more than eighteen (18) inches below the ground, if
the surface above is covered with cement concrete, and made im-
pervious to all liquids. Said tank shall be supplied with proper
feed pipe and pump, and each pump with an automatic cut-off. The
tank shall be filled through a section of hose or pipe suitable
for the purpose, directly connected to the tank or tank delivery
wagon, and which shall be detached from the feed pipe when not in
service. Gravity, pressure or syphon process for taking oil from
said tank will not be permitted. No one underground storage tank
shall have a greater capacity than fifteen hundred (1500) gallons.
(b) No can, tank, drum or other vessel containing any of the
hydro-carbon liquids herein mentioned and having a capacity of
five gallons or more, shall be located nearer than twenty (20)
feet to any furnace, stove or fire of any kind, nor nearer than
twenty-five (25) feet to any building.
(c) The provisions of this ordinance shall not apply to
portable gasoline buggies of the type approved by the Board of Fire
Underwriters for use in garages.
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SECTION 13: USE OF PORTABLE STEEL TANKS.
Fifty (50)
gallon portable steel tanks, from which hydro-carbon is drawn,
shall be permitted to be used.
No person, firm, company
SECTION 14: USE OF OIL AS FUEL.
or corporation shall construct, erect or maintain within the fire
limits of said City, as defined and set forth in Ordinance No.
354 of said City, any plant or use any device or apparatus for
burning crude or fuel petroleum, or for generating a gas there-
from for fuel purposes, without the approval of the Public Health
and Safety Committee of the Common Council of said City, and in
such manner and location as said Committee shall deem safe to
life and property, and then only when installed in accordance
with the following specifications:
SECTION 15: CONSTRUCTION--TANK.
The storage tank shall be
constructed of boiler iron or steel, not less than three thirty-
seconds (3/32) of an inch in thickness, or heavier, if the Chief
of the Fire Department so directs, the top of the same to be buried
not less than four (4) feet underground, and located outside the
foundation of any building, or under the sidewalk close to the
curbline; provided, however, it shall not be necessary for the
top of said tank to be more than eighteen inches below the ground,
if the surface above is covered over with cement concrete and"
made impervious to all liquids.
The top of said tank must
SECTION 16: TA!~ TO BE BURIED.
be below the level of the lowest pipe at which oil is burned. The
filling pipe shall not exceed twelve inches in diameter and shall
be closed by a screw cap. The tank must be ventilated by pipe
not less than two (2) inches in diameter, extending at least ten
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(10) feet above the ground, and provided with a return bend. The
oil shall be pumped from the storage tanks to burners, the suction
pipe to lead through the top of the tank and be provided with ,a
shut-off valve near the burning point, independent of any valve that
is part of the burner. Any arrangement for heating the oil must be
effected by some device outside of the storage tank.
SECTION 17, GRAVITY FLOW. It shall be unlawful for any
person, firm, company or corporation to install, use or maintain
any gravity flow system for oil burning, except outside of the
fire limits as defined and set forth in Ordinance No. 354 of said
City.
For dwellings outside of said fire limits, gravity systems
may be installed as hereinafter provided. If the storage tank is
buried, it shall conform to the specifications above mentioned
and be located as described above, and shall have a capacity of
not more than fifteen hundred (1500) gallons.
If placed above ground, the tank must not be located less
than twenty (20) feet from any building structure or part thereof.
The bottom of said tank for gravity flow installations shall in
no case be at a height of greater than five (5) feet above the
plane of the burning point.
The tank shall have a capacity of not more than 50
gallons. The tank shall be constructed of iron or steel not
less than No. 14 gauge, and must be provided with riveted joints
and coated with rust-resisting material.
SECTION 18: PIPE. The pipe from the tank to the burner
shall not exceed one-quarter inch in diameter and must be fitted
with shut-off valves independent of the burner, one at the tank
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and one on the exterior side of the building wall through which
it penetrates, and a valve at the burner to be operated with
weights held in place with a fusible link or such other auto-
matically operated valve as may be ~pproved by the Public Health
and Safety Committee of the Common Council of said City.
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SECTION 19: BURNING RUBBISH--INCINERATORS.
It shall be
unlawful for any person to burn paper, rags, waste, rubbish or
any combustible material of any character within the fire limits
of the City of Gilroy as defined in Ordinance No. 354 of said City,
except in incinerators duly and first approved by the Public Health
and Safety Committee of the Common Council ,of said City, and/or
by the Chief of the Fire Department of said City.
SECTION 20: DUMPING ON VACANT LOTS. It shall be unlawful
to dump rubbish, debris, wast~ paper, rags and/or combustible
material of any character on any lots, vacant or otherwise, with-
in said City.
SECTION 2l~ REPAIR OF BUILDINGS--CONDEMNING BUILDINGS OR
STRUCTURES, ETC. It shall be unlawful
Ca) To construct, alter or repair any fence, structure or
building by such manner or method as will increase the fire
hazard in said City.
(b) To maintain in said City any fence, structure or
building as will unduly increase the fire hazard therein.
SECTION 22: NUISANCE--CONDEMNATION. Any fence, building
or structure erected, constructed or maintained contrary to the
terms and conditions hereof is hereby declared to be a nuisance,
and it shall be the duty of the Public Health and Safety Committee
to see that such nuisance is abated ~ediately after discovery,
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using summary measures if necessary to effect immediate abate-
ment; provided, however, that the Common Council of said City
may, in their discretion, afford and give to the owner of any
such fence, building or structure reasonable notice of their
intention to abate such nuisance, and a public hearing thereon
prior to abating or condemning the same.
SECTION 23: CONSTITUTIONALITY. Each section, subsection,
sentence, clause, and phrase of this Ordinance is declared to
be an independent section, subsection, sentence, clause, and
phrase; and the finding or holding of any section, subsection,
sentence, phrase, or clause to be unconstitutional, void, or
ineffective for any cause shall not affect any other section,
subsection, sentence, or part thereof.
SECTION 24: REPEAL OF OTHER LAWS. All laws or portions
of laws inconsistent with this Ordinance are hereby repealed.
SECTION 25: PENALTY. Any person who violates any of the
provisions of this article, or fails, neglects or refuses to
comply with the specifications and provisions contained in said
article shall be deemed guilty of a misdemeanor, and upon con-
viction thereof, shall be punished by a fine not exceeding One
Hundred and nO/IOO ($IOO.OO) Dollars, or by imprisonment not
exceeding thirty (30) days, or byboth such fine and imprisonment.
ADOPTED AND PASSED this :(~f~
1937, by the following vote:
day of
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Councilmen - .%.u~~<~^,,~, ~~. <<'~,'Y\.6J.J ~~,
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ABSENT: Councilmen - ~{.~.W~
Attest:
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Approved:
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Mayor
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FIRE PERMIT
having made application this
day of
, 193___, for a permit for
kindling fire under the provisions of Ordinance No. 420
of the
City of Gilroy, said applicant, upon signing this permit and
assenting to the conditions herein imposed, shall be entitled to
maintain a fire within the city limits of Gilroy at
THE FOLLOWING PRECAUTIONS ARE TO BE OBSERVED
BURNING ON MONDAY PROHIBITED.
BURNING HOURS: 7:00 A.M. to 12:00 M.
This permit is good only for date of
,193 .
This permit is given under and by virtue of Section No. 3
of Ordinance No. 420
follows:
of the City of Gilroy, which reads as
"It shall be unlawful for any person to kj,ndle any fire
or bonfire on any public way or square or anywhere in the
open air, without a permit from the Chief of the Fire
Department who may require any reasonable precautions
before granting the same; and any person so acting under
permit shall do so at their own risk."
Chief of the Fire Department
I hereby certify that I have read the above permit and the
section of the Ordinance therein referred to, and I hereby agree
to be bound by the conditions of this permit and be responsible
personally for any and all damages which may accrue to any and
all persons and property whatever, by reason of the maintenance
of the permitted fire.
Applicant
Address
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NOTICE OF
VIOLATION OF FIRE PERMIT
Section No. 3
Ordinance NO.420
CITY OF GILROY
BRING THIS TAG WITH YOU AND REPORT TO THE POLICE JUDGE
CITY HALL, GILROY
WITHIN 36 HOURS
Violation
Name
Location
Date Time M.
Remarks
Inspector
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