[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 12-15-1980 by Ord. No.
783, approved 12-15-1980. Amendments noted where applicable.]
In Middletown there are fire lanes, with a minimum width of
11 feet, duly marked with red lines and posted with no-parking signs,
at such representative places as the Church of God, Essex House, Genesis
Court, Hemlock Hall, Holly Hall, Interfaith Apartments, Midtown Plaza,
the Moose Building and Frey Village Center.
A.
For years, authorization therefor appeared in the duly adopted Fire
Prevention Code recommended by the American Insurance Association,
successor to the National Board of Fire Underwriters, most recently
in the edition of 1970 at page 209 in Section 28.16, headed "Fire
Lanes on Private Property, Devoted to Public Use" and providing as
follows:
"a. The marking of fire lanes on private property devoted to
public use, shall be approved by the Chief of the Bureau of Fire Prevention
and the Chief of Police."
"b. Parking of motor vehicles or otherwise obstructing fire
lanes shall be prohibited at all times."
B.
Such fire lanes were applicable (see page 247) "where the parking
of motor vehicles or other obstructions may interfere with the ingress
and egress of Fire Department vehicles for the protection of persons
and property, such as at shopping centers, bowling lanes, theaters,
hospitals, churches and similar locations."
C.
While it has recently been discovered that such authorization inadvertently
lapsed with the adoption of the BOCA Basic Fire Prevention Code by
the former Middletown Code of Ordinances, Chapter VIII, Section 18,
enforcement has continued, and continuing compliance has confirmed
the teachings or experience evidenced also by Fire Lane Ordinance
No. 1975-9 in adjoining Lower Swatara Township, that the designation
of fire lanes is necessary in the public interest whenever it appears
that parking congestion may create a hazard by impeding the free movement
of firefighting equipment on public or private property.
The Chief Fire Marshal shall have the power to designate fire
lanes anywhere within the Borough of Middletown, on public or private
property, where he deems that parking congestion may create a hazard
by impeding the free movement of firefighting equipment. In formulating
such designations, he shall consult with the Chief of Police and may
consult with but shall report in writing to the appropriate committee
of the Borough Council. Such fire lanes, length determined by the
Fire Marshal's office, shall be marked with red lines in such
a fashion as to indicate their location and posted with no-parking
signs. Parking of motor vehicles or otherwise obstructing fire lanes
shall be prohibited at all times. Existing fire lanes and no-parking
signs are hereby confirmed, validated and approved.
The Chief Fire Marshal shall prescribe and issue all forms necessary
for the administration of this chapter and may adopt and enforce regulations
relating to any matter pertaining to the administration thereof, including
but not limited to the imposition and collection of fines for violations.
The Chief Fire Marshal may designate his office and assistants, the
Borough police, the private property owner's security force,
the fire police and other persons to enforce all provisions concerning
fire lanes, either singly or conjunction with some or all others named
or alluded to.
[Amended 5-3-2004 by Ord.
No. 1178, approved 5-3-2004]
Any person who parks or permits to be parked a motor vehicle
within a fire lane or otherwise obstructs a fire lane violates these
provisions for fire lanes and shall be subject to penalties as herein
described. A fine in an amount set forth in a fee schedule setting
fees and charges as approved by resolution of Borough Council shall
be imposed for each violation and shall be collected by the Chief
Fire Marshal or by a ticketing procedure whereby the fine may be paid
at the Middletown Emergency Operations Center or other designated
place of payment. If payment is not made within 48 hours, the fine
shall be increased to an amount set forth in said fee schedule. If
the fine is not paid within 10 days, the Chief Fire Marshal, or a
Borough police officer authorized by the Chief Fire Marshal, shall
prosecute the violator before a District Justice. If such prosecution
is necessary, the violator shall, upon conviction, pay a fine set
forth in said fee schedule, plus costs. In default of payment of such
fine and costs, the violator may be sentenced to imprisonment in the
Dauphin County Jail or other appropriate prison for not more than
30 days.
