361.07 FIRE LANES.
   (a)   Fire Chief May Establish Lanes; Conditions. The Chief of the Fire Department is authorized to establish fire lanes on either public or private property within the City upon finding that the following conditions exist:
      (1)   That a fire lane is necessary for safeguarding life and property from the hazards of fire and explosion and for the use and occupancy of buildings, structures and adjacent property.
      (2)   That the fire lane is incident to a retail, commercial or manufacturing use or other use or along any street or highway where it can reasonably be expected that the public will assemble in sufficient numbers so that the presence of the public and their motor vehicles, if not controlled, will interfere with the operation of fire-fighting equipment and personnel and the egress of occupants in case of fire.
   (b)   Width and Marking of Fire Lanes. Fire lanes shall be of such width as is reasonably determined by the Chief of the Fire Department as necessary to permit access and operation of fire-fighting equipment and personnel and the egress of occupants. Fire lanes shall be suitably marked by appropriate markings on the ground or by displaying adequate signs, or both. The markings shall be placed and maintained by the property owner in accordance with color and design standards as prescribed by the Director of Public Works and the Chief of Police.
   (c)   Obstruction by Vehicle, Fence or Barricade. No person shall obstruct a fire lane by parking, stopping or leaving standing a motor vehicle, whether occupied or not, other than temporarily for the purpose of actually and actively engaging in the loading or unloading of such vehicle. No person shall obstruct a fire lane by constructing a fence or other barricade or in any other manner whatsoever. A barricade or fence which is readily removable or through which access may be gained by fire-fighting equipment and personnel without delay shall not be prohibited by the terms of this section. Any such permitted barricade or fence shall not be locked in any manner.
   (d)   Obstructing Vehicles To Be Issued Citation, Moved, and/or Impounded. Attended motor vehicles found standing or parked in a fire lane shall be immediately moved upon direction of any member of the Police Department or any full-time paid member of the Fire Department and may be subject to citation upon refusal to do so. Any unattended motor vehicle found standing or parked in a fire lane will be subject to the issuance of a citation for the violation of subsection (c) hereof, by members of the Police Department and Fire Department. In addition to the issuance of a citation for a violation of subsection (c) hereof, the Police Department is hereby authorized to impound a vehicle found in violation of this section if the owner or operator of such vehicle cannot be found within a reasonable period of time to remove such vehicle from the fire lane which reasonable time shall be determined by the police officer at the scene. The owner or operator of such vehicle in the case of an impounded vehicle, shall be responsible for all costs of such impounding.
   (e)   Notice To Remove Obstruction; City May Remove. Obstructions, other than motor vehicles, found in fire lanes shall be removed by the owner, occupant or other person in charge of the premises within three days after written notice of removal. Upon failure to comply with such notice, the City may cause the obstruction to be removed and the owner, occupant or other person in charge of the premises shall pay the cost of such removal.
   (f)   Notice of Lane Designation; Appeal. Whenever the Chief of the Fire Department designates a fire lane, written notice thereof shall be given to the owner, occupant or person in charge of the premises. Such designation may be appealed within ten days by filing a written objection to such designation with the Fire Chief. The appeal shall be heard by the members of the Board of Zoning Appeals, a majority of which may affirm, disaffirm or modify the designation and whose decision shall be final.