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Home My WebLink AboutORD NO 359 ORDINANCE NO. "~'!'!~'~-t'..- ' AN ORDINANCE ESTABLISHING THE QUALITY OF GASOLINE AND KEROSENE SOLD IN THE CITY OF BAKERSFIELDs, 'PRO- VIDING FOR TAKING SAMPLES THEREOF, PROVIDING 'FOR TEE SEALING OF CEHTAIN CONTAINEHS, LABELING THE SAME, AND PROVIDING A PENALTk l~OR VIOLATION I{EREOF. BE IT ORDAINED B'~ THE COUNCIL OF THE CITY OF B~.P~SFiELD, as follows: SEC TI ON 1. It shall be unlawful for any person, firm or corporation to sell, offer for sale, or deliver, or to cause or permit to be sold, offered for sale or delivered within the City of Bakers field, gasoline or kerosene unless such shall conform to the standards-,... ~ and tests fixed and established in Sections 2 and 3 hereof. SECTION 2. For the purpose of this ordinance gasoline sold, offered for sale or delivered in the City of Bakersfield as l~Ael for internal combustion engines is defined as follows: A liquid pet- roleum product which conforms to the following requirements: (a) It shall be free from water and suspended matter. (b) A clean copper s~rip shall not show more than extreme- ly slight discoloration when submerged in the gasoline for three hours at 122° F., the test being conducted in accordance With the American Society for Testing Materials Standard D 130-2V T. (c) It shall distill within the following limits, when tested in accordance with the American Society for Testing Materials Standard D 86-27 using the low distillation thermometer. 1. When 10% has been recovered in the receiver, the thermometer shall not read more than 178° F., nor less than 122° F., provided that for each percent dis- tillation loss less than 4%, the minimum 10% tempera- ture requirement shall be lowered 5.4° F. ...... 2. When 50% has been recovered in the receiver, the thermometer shall not read more than 284° F. -1- 5. When 90% has been recovered in the receiver, the thermometer shall not read more than 592°F. 4. The end point shall not be higher than..43VoF. 5. At least 95% shall be recovered as distillate in the receiver from the distillation. Provided, that the following modification of the methods of test hereinabove prescribed shall be used... The condenser bath shall be maintained at a ~emperature between ~6°F. and 40°F. SECTION 5. For the purpose of this ordinance, kerosene (also known as coal oil) sold, offered for sale or delivered in the City of Bak- ersfield is defined as follows: A liquid petroleum product which conforms to the following requirements: (a) It shall be free from water, glue and suspended matter. (b) The color shall not be darker than No. 16 Saybolt, when tested in accordance with the American society for Testing Mat- erials Standard D 156-25 T. (c) The flash point shall not be lower than 100° F., when tested in accordance with the American Society for Testing Materials Standard D 56-21. (d) The sulphur shall not be more than one hundred twenty- five one thousandths (0.125) of one per cent when tested in accord- ance with the American Society for Testing Materials Standard D 90-29 (e) The flock test, made in accordance with method No. 130.1 in Technical Paper No. 525-B of the Bureau of Mines, Depart- ment of the Interior, shall be negative. (f) The end point of distillation shall not be higher than 625° F. when tested in accordance with the American Society for Test- ing Materials Standard D 86-2V. (g) It shall bun steadily and clearly, without appreciable smoke or incrustation, for eighteen (18) hours in a Deitz "Hylo" Hand Lantern. The height of the flame above the tip of the burner at the beginning of the eighteen-hour period shall be twenty (20) -2- Millimeters; the flame shall not be adjusted during the test. SECTION 4. (a) The County Sealer of Weights and Measures, or any person authorized by him, is hereby authorized and empowered to close and seal the outlet of any container containing a petroleum product which is sold, offered for sale or delivered in violation of any of the provisions in this ordinance regulating said petroleum products, or the labeling thereof, and to post in a conspicuous place on the premises where said container has been sealed, a notice stating that such action of sealing has been taken in accordance with the provisions of this ordinance and giving warning that it is unlawful to break the seal, or seals, thereof under penalty as hereinbelow provided. (b) Upon at least twenty-four (24) hours notice to the County Sealer of Weights and Measures that the contents of said con- tainer will be removed at a specified time when the office of said County Sealer of Weights and Measures is open to the public for business, it shall be the duty of said County Sealer of Weights and Measures, or any person authorized by him, to forthwith, at the time specified, proceed to break said seal, or seals, for the pur- pose of permitting the removal of the contents of said container. If such are not immediately and completely removed, the container shall be again sealed as hereinabove provided. (c) It shall be unlawful for any person, board, firm, or corporation, other than the County Sealer of Weights and Measures, or any person authorized by him, to break or attempt to break any seal, or seals, placed by the County Sealer of Weights and Measures, or any person authorized by him, upon container containing a pet- roleurn product, or to cover, deface or remove, or attempt to cover, deface or remove the notice of sealing hereinabove provided. (d) The County Sealer of Weights and Measures, or any· person authorized by him, is hereby authorized and empowered to take such sample or samples, as he may deem necesary, of any gasoline or kerosene kept, stored, transported or sold within the City of Bak- ersfield. SEC TI ON 5. (a) It shall be unlawful for any person, firm or corpora- tion to sell, offer for sale, or deliver o~ to cause or permit to be sold, offered for s ale or delivered in the City of Bakersfield, any of the products of petroleum specifically defined and described in Sections 2 and 3 above, unless there shall be firmly attached or painted at or as near as practicable to each point of outlet of the container from which or into which said petroleum product is drawn or poured for sale or delivery, a sign or label, consisting of the word, or words, in letters not less than one-half (½) inch in height, comprising the brand or trade name of said petroleum product, followed by the word, or words, in letters not less than one-half (-~) ~ inch in height, "Gasoline", "Kerosene", (or Kerosine"), as the case may be. Provided, that when the above required Sign or label is attached to the faucet or valve Of a tank-truck or tank-wagon, the letters shall not be less than three-quarters (3/4) inch high; and provided, that the provisions of this section shall not apply to petroleum products poured or drawn into containers having a capacity of less than twenty-five (25) gallons from which container said pet- roleurn products are not again offered for sale, and provided that if any 'of said petroleum products shall have no brand or trade name, the above siva or label shall consist of the word or words, in letters not less than three (3) inches in height, "Gasoline", "Kerose~e"~'~ (or"Keroslne") as the case may be, followed by the words, in letters not less than three (3) inches in height, "No Brand". (b) It shall be unlawful for any person, firm or corporation to sell, offer for sale or deliver, or to cause or permit to be s01d, offered for sale or delivered in the City of Bakersfield, any petroleum product as a fuel for internal combustion engines which does not conform to the requirements of either Section 2 or 3 of this ordinance, unless there shall be firmly attached or painted at or near the point of outlet from which or into which said petroleum product represented -4- as a fuel for internal combustion engines is drawn or poured for sale or delivery, a sign or label consisting of the following legend in red letters, not less than three inches in height, on a white background, and not less then twice the size of any other letters or words appearing on or near said label or sign: "NOT GAS OL1NE". SECT10N 6. It shall be unlawful for any person, firm or corporation tO refuse to permit, or to in any manner interfere with the County Sealer of Weights and Neasures, or any person duly authorized by him, to take such sample or samples, as provided in Section 4 here- of. SECTION V. For the purpose of this ordinance the United States Stand- ard Tables for Petroleum Oils (Bureau of Standards Circular No. 154) shall be used for temperature corrections to 60° F. SECTION 8. Any person, firm or corporation violating any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than five hundred ($500.00) dollars or by imprisonment in the County Jail, for a period not exceeding six (6) months, or by both such fine and 'imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portions of which any violation of any provision of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided in this .ordinance. SECT10N 9. If any section, sub-section, clause, or phrase of this ordinance is for any reason held to be unconstitutional such de- cision shall not affect the validity of the remaining sections of th.~s ordinance. The Council hereby declares that it would have ~,.. -5- passed this ordinance, and each section, sub-section, se.ntence,-..~?-~i clause and phrase thereof, irrespective of the fact that -any one or more other sections, sub-sections, sentences, clauses or phrases be declared unconstitutional. SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. ..... 000 ..... I HEREBi CERTIFy that the foregoing Ordinance was passed and as~pted by the Council of the City of Bakersfield, on t~ ~~ day of ~ , 19~/_, by the following vote: AYES; i CARLOCK, CORBETT, |I=I, DE~ ,1OHNSOH, MARTXH, WALTER$ .............. thiPP R ° ~da o ~ City lerk of Council of the City of Bakersfield-, 1931. the