[HISTORY: Adopted by the Town Council of the Town of Standish 2-14-1989 as Order No. 135-88. Amendments noted where applicable.]
The name of this chapter shall be the "Standish Fire Lane Ordinance" (hereinafter "this chapter").
The purpose of this chapter shall be to:
Establish fire lanes to those buildings and areas within the town, public and private, within which and to which the public will be invited, served or housed.
Provide prompt and adequate emergency access and services by law enforcement, fire fighters, rescue and emergency personnel and related emergency apparatus and equipment to said buildings and areas.
[Amended 7-14-1992 by Order No. 96-92]
As used in this chapter, the following terms shall have the meanings indicated:
- An open space, with or without buildings, used for regular or special events.
- FIRE LANE
- A designated, unobstructed passageway at least 20 feet in width (with an outside turning radius of 50 feet), constructed and maintained at all times in a manner to permit the free passage of fire, police, rescue and emergency personnel and apparatus from a public way to necessary areas and buildings.
- PARKING AREA
- An improved or unimproved lot used for the parking of motor vehicles off a public or private way by the public, with or without a fee.
The provisions of this chapter shall be applicable to all proposed and existing parking areas involving buildings and areas, including but not limited to the following:
Apartment houses over four units.
Carnivals, festivals, circuses, exhibitions and other open-air events.
Convalescent, rest, boarding and nursing homes having more than three patients.
Day-care centers or nursery schools with more than 12 students.
Industrial buildings and parks.
Motels and hotels.
Multiple-occupant buildings with more than four units.
Places of assembly having a capacity of 50 or more people.
Site plan review. The Planning Board, upon reviewing an application for site plan review, may request the Fire Chief to review the application and make written recommendations to the Board for the location of fire lane(s) for the project. Planning Board approval of the project shall prescribe, in writing, the location and requirements of any fire lane(s) after considering the Fire Chief's recommendations.
Existing buildings and areas. Existing buildings and areas meeting the applicability requirements established in § 140-4 herein shall be reviewed by the Fire Chief to determine if a fire lane(s) should be designated on the premises. The Fire Chief, upon determining the need of a fire lane(s), shall notify the owner(s), occupant(s) or agent(s) thereof by certified mail of such decision, which shall include the requirements for and designated location of said fire lane(s). A copy of the Fire Chief's decision shall be filed with the Code Enforcement Officer, Planning Board and Town Clerk. Compliance with the Fire Chief's decision shall be within six months of the decision date.
Parties aggrieved of the Fire Chief's decision may file an appeal with the Town Clerk within 15 days of the decision date, citing in writing the reason for such appeal. The Board of Appeals shall hold a public hearing within 30 days of the appeal date, after which the Board shall, within 30 days of the hearing, affirm, modify or rescind the Fire Chief's decision.
Designated fire lanes shall be kept free of ice, snow, rubbish containers and/or other obstructions by the owner(s), occupant(s) or agent(s) of the premises. The owner(s), occupant(s) or agent(s) thereof shall cause to be erected, installed and maintained at his/her expense permanent, adequate signs bearing the words FIRE LANE — NO PARKING — VEHICLES WILL BE TOWED AT OWNER'S EXPENSE in or adjacent to said fire lane(s).
Notice of the designation of a fire lane(s) shall prescribe a reasonable time for compliance. Failure to comply or to maintain a fire lane(s) in accordance with this chapter shall render the owner(s), occupant(s) or agent(s) of the premises liable to a fine of $50 for each day this chapter is violated.
Prohibition. No person shall park or permit to stand a motor vehicle in any fire lane established in accordance with this chapter except when actually picking up or discharging passengers or actively loading or unloading a motor vehicle.
Penalty. Any law enforcement officer or other authorized person designated by the Town Manager may attach to any vehicle found parked in violation of this chapter a notice that the vehicle has been parked in violation of this chapter. The owner or operator shall pay to the Town of Standish a sum of $25, the payment of which shall be due within five business days of the issuance of the violation notice. The registered owner of the motor vehicle shall be presumed to be the operator. Any motor vehicle found parked or standing in a fire lane, in addition to the foregoing, may be towed upon the direction of a law enforcement officer or other authorized person designated by the Town Manager to any public or private parking facility, and all expenses of towing and subsequent storage shall be borne by the registered owner.
[Amended 7-14-1992 by Order No. 96-92; 10-10-2006 by Order No. 122-06; 12-12-2008 by Order No. 161-07]
A building or area meeting the applicability requirements established in § 140-4 herein may be exempted from the requirements of this chapter by the Fire Chief after carefully reviewing the overall accessibility to the building or area and the distance from the public way.
Should any section, or portion thereof, of this chapter conflict with any other town ordinance(s), the provisions of this chapter shall prevail.