[Adopted 11-12-1990 by Ord. No. 636]
The terms hereinafter set forth shall be defined as follows:
EMERGENCY VEHICLE
A vehicle so designated or authorized by the administration of the Maryland Motor Vehicle Administration and shall include, but not be limited to, fire trucks, ambulances and police cars.
FIRE LANE
A designated lane required to be permanently open for the ingress and egress of Fire Department and other emergency vehicles only, in order that fires may be prevented or controlled and exitways are kept unobstructed for life safety.
The Chief of Police of the Town, after consulting with the Code Enforcement Officer of the Town and the Fire Chief of the Delmar Fire Department, shall be authorized to designate and establish fire lanes on public streets, on private property used for commercial, industrial or apartment projects, and on private property used by the public in general, for the purpose of preventing parking in front of or adjacent to fire hydrants or to provide access for emergency vehicles. The Chief of Police shall cause the property owner to post sufficient signs at all established "Fire Lanes," the notice to read: "No Parking - Fire Lane". Such signs shall not be removed without written permission of the Chief of Police.
The property owner is hereby directed wherever necessary to secure compliance with the terms of this article and to furnish and erect appropriate signs as directed and to give appropriate warning or notice concerning unlawful obstruction as set forth herein and, if necessary in order to enforce compliance, to cause the removal by towing away, or otherwise, of any debris, vehicles or other objects which interfere with or obstruct previously established and marked fire lanes or fire hydrants for the access or operation of any Fire Department equipment or other emergency vehicles or equipment.
It shall be unlawful for any person or for any property owner whose private property is used by the public in general to obstruct or interfere, or to allow the obstruction or interference, with the operation of any emergency vehicle or equipment, or to obstruct or to allow the obstruction of access by emergency equipment to any fire hydrant, to any Fire Department connection, to any designated fire lane on either public or private property, or to park or to allow the parking within any fire lane.
The Delmar Police Department is hereby authorized, whenever necessary, to take possession of, remove, tow away, impound or otherwise remove any debris, material, vehicle or other object which interferes with or obstructs previously established and marked fire lanes, such removal to be at the owner's expense.
Whenever an unattended motor vehicle may be found in violation of the provisions of this article, a rebuttable presumption shall arise that the registered owner, as disclosed by the records of the State Motor Vehicle Administration, is responsible for the violation.
In all cases involving fire lane parking violations, the police officer or authorized parking enforcement personnel who discovers a motor vehicle illegally parked shall deliver to the operator or, if the vehicle is unattended, attach a citation to the vehicle in a conspicuous place. A copy of the citation shall be retained by the officer and shall bear his or her certification, under penalty of perjury, attesting to the truth of the matter therein set forth. The recipient of the citation may make payment for the violation directly at the Town Hall to the Town Manager, or his or her representative, or if the recipient desires to stand trial for said offense may elect to do so by notifying the Police Department at least five days prior to the payment date set forth in the citation. At the time the notice of intention to stand trial is given, the person receiving the citation must also notify the Police Department that he desires the presence of the person who issued the citation. If the person receiving the citation does not notify the Police Department that he desires the presence of the person who issued the citation at the trial, it shall not be necessary that the officer appear and the copy of the citation bearing the certification of the issuing officer shall be prima facie evidence of the matter therein set forth.
[Amended 4-30-2007 by Ord. No. 703]
The fine for violation of the provisions of this article shall be $65 if paid on or before the payment date set forth in the citation or $150 upon conviction by the court having jurisdiction.