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HomeMy WebLinkAboutItem 05 - Barbecue GrillsM 0 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL r FROM: ROGER NELSON, CITY MANAGER, j MEETING DATE: MARCH 5, 2002 SUBJECT: ORDINANCE PROHIBITING THE USE OF BARBECUE GRILLS AT MULTI -FAMILY OCCUPANCIES RECOMMENDATION: Fire Chief recommends approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 11, Article III Fire Code by the addition of a new subsection prohibiting the use of barbecue grills at apartment and hotel facilities. BACKGROUND: Currently, there is not an ordinance that regulates the use of barbecue grills on apartment and hotel patios. The hazard associated with the use of barbecue grills on patios of multi -family type occupancies necessitates an ordinance addressing the use of barbecue grills within ten feet of any apartment or hotel building. The proposed ordinance also addresses the installation of signage and the notification to existing and new tenants of all affected buildings. LM February 27, 2002 (4:15PM) a ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 11 FIRE PROTECTION AND PREVENTION, ARTICLE'' III FIRE CODE, SUBSECTION 11.40 (B) FIRE CODE AMENDMENTS BY THE ADDITION OF - SUBSECTION 11.206 REGULATING RESIDENTIAL BARBECUE GRILLS WITHIN THE CITY LIMITS; PROVIDING FOR THE PROHIBITION OF USING BARBECUE GRILLS WITHIN TEN FEET OF ANY APARTMENT OR HOTEL BUILDING; PROVIDING FOR THE REQUIREMENT OF SIGNAGE AT SAID LOCATIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMRGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 11 Fire Protection and Prevention, Article III Fire Code, Subsection 11.40 (b) Fire Code Amendments is hereby amended by the addition of Subsection 11.206, "Residential Barbecue Grills", to read as follows: "Sec. 11.206 (a). Definitions "Grills" for the purposes of this section means a cooking utensil on which food is exposed directly to red heat, or open flame as from heated briquettes, charcoal, electricity, natural gas, propane compressed gas or wood, which is commonly referred to as a barbecue grill, hibachi, or smoker. "Approved Signage" for the purposes of this section means a sign, placard, or decal no less than 24 square inches in size with bold lettering, contrasting in color to its background no less than Y4 inch high stating, "PROHIBITED THE USE OF ANY GRILL, HIBACHI, OR SMOKER WITHIN 10 FEET OF BUILDING OR OVERHANG GRAPEVINE FIRE CODE $2,000.00 FINE" and with graphics as indicated in the illustrations below: vl Sec. 11.206 (b) General It is unlawful for any person to construct, erect, install, maintain or use any incinerator, barbecue pit, fixed or portable grill, or other open flame cooking device or burn any combustible material as to constitute or occasion a fire hazard by its use or burning or as to endanger the life or property of any person. Sec. 11.206 (c) Apartment Buildings and Hotels 1 It is unlawful for any person to use or allow or permit to be used a fixed or portable grill in an apartment house or hotel within ten (10) feet of any part of an apartment house or hotel or on or under any portion of the structure of an apartment house or hotel. 2. It is unlawful for any person to own or manage any apartment house or hotel without installing and maintaining on each balcony and patio of each dwelling unit and guest room approved signage readily visible to the occupants prohibiting the use of any barbecue grill, hibachi, or smoker. 3. It is unlawful for any person to own or manage an apartment house or hotel structure that is designed without patios or balconies without installing and maintaining approved signage in each separate common area. 4. It is unlawful for any person to own or manage an apartment house without providing written proof to the Grapevine Bureau of Fire Prevention that approved signage has been installed on each balcony and patio of every dwelling unit and guest room. 5. It is unlawful for any person to own or manage an apartment house without notifying each tenant as part of the lease agreement upon move -in that such signage exists. 6. It shall be unlawful for any person to remove any sign required by this ordinance." ORD. NO. 2 PROHIBITED THE USE OF ANY GRILL, FHBACIE, OR SMOKER IN OR WITHIN 10 FEET OF BUILDING OR OVERHANG GRAPEVINE FIRE CODE $29000.00 FINE Sec. 11.206 (b) General It is unlawful for any person to construct, erect, install, maintain or use any incinerator, barbecue pit, fixed or portable grill, or other open flame cooking device or burn any combustible material as to constitute or occasion a fire hazard by its use or burning or as to endanger the life or property of any person. Sec. 11.206 (c) Apartment Buildings and Hotels 1 It is unlawful for any person to use or allow or permit to be used a fixed or portable grill in an apartment house or hotel within ten (10) feet of any part of an apartment house or hotel or on or under any portion of the structure of an apartment house or hotel. 2. It is unlawful for any person to own or manage any apartment house or hotel without installing and maintaining on each balcony and patio of each dwelling unit and guest room approved signage readily visible to the occupants prohibiting the use of any barbecue grill, hibachi, or smoker. 3. It is unlawful for any person to own or manage an apartment house or hotel structure that is designed without patios or balconies without installing and maintaining approved signage in each separate common area. 4. It is unlawful for any person to own or manage an apartment house without providing written proof to the Grapevine Bureau of Fire Prevention that approved signage has been installed on each balcony and patio of every dwelling unit and guest room. 5. It is unlawful for any person to own or manage an apartment house without notifying each tenant as part of the lease agreement upon move -in that such signage exists. 6. It shall be unlawful for any person to remove any sign required by this ordinance." ORD. NO. 2 Section 2. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 3. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 5th day of March, 2002. ATTEST: 3 F-IN .2 - �* � ` • • ' A