[HISTORY: Adopted by the Township Council of the Township of Galloway 8-9-2022 by Ord. No. 2088-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 200, but was renumbered to maintain the organizational structure of the Code.
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., as amended, is hereby adopted by the Township of Galloway as an ordinance of the Township such that local enforcement of this act can be and is now hereby mandated through the offices of the Fire Official or designee and the Police Department, which said departments shall be henceforth authorized to enforce the provisions of this chapter and said act.
The Fire Official or designee, with the approval of the chief executive officer of the Fire Department and the Chief of Police of Galloway Township, may designate fire lanes on private property to which the public is invited or which is devoted or utilized otherwise by the public for public use or access if it is necessary to provide safety for the public or to provide proper access for Fire Department operations and in other emergency situations. For each such property so designated, it shall require a signature on a designation form by the Fire Official or designee, the chief executive officer of the Fire Department and the Chief of Police.
When a determination has been made for the fire lane designation, pursuant to § 197-2 of this chapter, the Fire Official or designee shall notify the owner of the property or the agent of the owner, in writing, by registered or certified mail or by hand delivering such notice, specifically describing the area designated and the reason for making the designation and specifying the method in which the area must be marked such that the designation is evident to the general public.
A. 
The marking of fire lanes shall be the responsibility of and at the sole expense of the property owner and shall be accomplished within 30 days of receipt of the notification by the owner of the property or the agent of said owner.
B. 
Should the owner of the property in question or the owner's agent fail to comply with the requirements of the notification by the Fire Official or designee of designation of a fire lane or otherwise fail to maintain the same upon written notification to do so, such notification giving the owner or his agent 30 days to comply, the Fire Official or designee shall enforce this chapter along with the State Uniform Fire Safety Act referenced above, including but not limited to N.J.S.A. 52:27D-210, as well as any other appropriate enforcement remedies herein or under New Jersey law.
It shall be a violation of this chapter for any person to park a motor vehicle in or to otherwise in any way obstruct a designated and marked fire lane. The Fire Official or designee shall enforce this chapter pursuant to the provisions and procedures promulgated by the Uniform Fire Safety Act referenced above, as well as any other enforcement remedies available to the Fire Official under New Jersey State law. The Police Department, through its officers, shall enforce this chapter by issuing an appropriate summons to the owner or operator of said motor vehicle or the party who has otherwise obstructed the designated and marked fire lane, requiring the summoned party to appear in the Atlantic County Central Municipal Court, which has jurisdiction for the Township of Galloway.
Violation of any provision of this chapter shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-206 and 52:27D-208, any person aggrieved by any order of the enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Atlantic.