The following regulations shall apply for establishing of fire lanes, control of traffic obstructions, and providing for notices and penalties for violation:
(a) Fire Chief may Establish Lanes; Conditions. The Fire Chief is authorized to establish fire lanes on either public or private property within the Municipality 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 of other use 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 the case of fire.
(b) Width and Marking of Lanes. Fire lanes shall be of such width as is reasonably determined by the Fire Chief as necessary to permit access and operation of fire-fighting equipment and personnel and 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 Municipality.
(c) Obstruction by Vehicle, Fence or Barricade. No person shall obstruct a fire lane by parking, stopping, or leaving standing a motor vehicle, whether such vehicle is attended or unattended, by constructing a fence or other barricade in any 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 Moved; Impounding. Attended motor vehicles found standing or parked in a fire land shall be immediately moved upon direction of any member of the police. Any unattended motor vehicle found standing or parked in a fire lane may be impounded in a manner and subject to penalties and charges as set forth in Municipal ordinances.
(e) Notice to Remove Obstruction. 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 Municipality 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 Fire Chief 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 or by filing written objection to such designation with the Fire Chief. The appeal shall be heard by members of Council, a majority of which may affirm, disaffirm or modify the designation and whose decision shall be final.
(g) Penalty. Whoever violates the provisions of the foregoing section shall be guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 14-015. Passed 5-19-14.)