[Adopted by Ord. No. 6-11-90B]
Editor's Note: Former Ch. 33, Fires Out-of-Doors, adopted: Article I by Ord. No. 6-12-67C; Article II, by Ord. No. 60-8-51, was repealed by 9-14-1970 by Ord. No. 9-14-70C. Former Ch. 33, Fire Lanes was also repealed by Ord. No. 6-11-90B and the current Chapter was substituted.
When used in this Ordinance, the following term shall have the following meaning.
FIRE LANE — An open area in which no parking is permitted or any obstruction is allowed to exist, the purpose of which is to provide access for firefighting equipment and other emergency vehicles.
OBSTRUCT OR OBSTRUCTION — Shall mean any object, whether permanent or temporary, which impedes or prevents the full and complete entry of emergency vehicles into the fire lane.
Council may require the establishment or creation of a fire lane serving either an existing or proposed building or group of buildings when in its opinion it is necessary or desirable to advance the safety of such buildings or premises. Council may seek advice and recommendations from the Police Department, Fire Official, and the Volunteer Fire Department when considering the establishment of a fire lane. When a new building or complex or an addition thereto is proposed, Council may require the establishment of a fire lane as a condition of zoning approval. When the establishment under consideration by Council is for property that has been developed, the owner or person in control of such property shall be notified of Council's intention and be given the opportunity to request a hearing on the matter.
If Council determines that a fire lane is necessary or desirable, it shall establish and create such fire lane by Ordinance and communicate to the owner or person in control of the property its decision in writing.
When a fire lane has been duly established and the property owner has been notified, it shall be the duty of such property owner to identify and post such lane with signs and markings whose size and location shall be as directed by the Municipality.
It shall be the duty of the owner or person in control of the property on which a fire lane has been established to maintain any paint stripping necessary to delineate such fire lane and such signs that are necessary to identify such fire lane.
It shall be unlawful to park within a fire lane that has been properly established and identified However temporary parking is permitted for a period not to exceed a duration of five minutes for loading or unloading a vehicle when the operator of a vehicle so parked is within such vehicle in order to promptly remove it in case of emergency. Further it shall be unlawful to obstruct any fire lane in any manner whatsoever.
Any person who shall park a vehicle or otherwise obstruct a fire lane shall pay a fine of not more than $100, plus costs. Each day that such condition continues to exist shall constitute a separate offense and notice to the offender shall not be necessary to constitute an offense. Further, any person who is directed in writing to create a fire lane by proper identification of such fire lane and the posting of property and shall after receiving written notification from the Municipality to do and fails to comply with such directive shall pay a fine of not more than $300 plus costs for each and every day such condition continues.
That the provisions of this Ordinance are declared to be severable, and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall stand notwithstanding the invalidity of any part.