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.
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.