ON GASOLINE DISPENSING

Judge Holds Crowley

Fire Ordinance Proper

CROWLEY, La. — Judgment has been rendered in favor of the City of Crowley in the suit of the City of Crowley versus Michael Hebert and L.J. Gielen charged with violating the Fire Prevention Code of the city and Ordinance 888, an amendment to the code, has been held as proper and constitutional.

The judgment was handed

---1,v by Emile A.

Carmouche, judge ad hoc of the Crowley City Court, acting in the place of Judge Edmund Reggie, recused.

Ordinance 888 is one which prohibits the operation automatic gasoline pumps that are operated by the customer and not an attendant.

In his judgment, Carmouche said, "Ordinance No. 888 does not prohibit the sale or

distribution of gasoline. It only regulates the dispensing of gasoline into the tanks of vehicles, and other containers in the interest of public safety and welfare. This is a valid exercise of police power and obviously if not in violation of any of the constitutional provisions which are relied upon by the defendant. For the reasons herein stated and indicated this court is impelled to deny the motions to quash, which have been filed by the defendants, respectively."

Gielen and Hebert were charged with violation of Ordinance 888 and had filed a suit in the Crowley city court to have the affidavits against them dismissed on the grounds the ordinance was unconstitutional.

Carmouche further placed into the record the following:

"The record in this case discloses that on Aug. 28, 1968, a person by the name of Robert Stakes was injured by an explosion of flash fire while he was dispensing gasoline from one of the so called self service pumps into the fuel tank of his automobile at the establishment owned and operated by defendant Gielen. Ordinance No. 888, which specifically prohibits the dispensing of gasoline into the fuel tank of a vehicle, and the use of a dispensing nozzle equipped with a latch-open device, by any person whomsoever other than a competent attendant, was adopted September 10, 1968.

"Obviously the Mayor and Board of Aldermen, acting in the best interest of the safety and well-being of all residents of this community, and for the protection of property both real and personal, determined that the personal and indiscriminate operation of gasoline pumps by the public at large should be prohibited."