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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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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:
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