[HISTORY: Adopted by the New Canaan Town
Council 12-19-2007, effective 1-4-2008. Amendments noted where applicable.]
This ordinance is adopted pursuant to Sections
29-293 and 7-148 of the Connecticut General Statutes, and it applies
to all buildings or facilities open to the public.
As used in this ordinance, the following terms
shall have the meanings indicated:
A designated, unobstructed passageway sufficient in size
to permit free passage of fire and other emergency equipment from
a public sheet to all necessary areas or portions of any public or
private property open to the public.
A.
Whenever the Fire Marshal or Fire Chief determines
that the reasonable safety of persons occupying or using any building
or facilities open to the public requires the establishment of a fire
zone for orderly access of fire and other emergency equipment, the
Fire Marshal shall establish such fire zone by written order. The
Fire Marshal shall cause a copy of such order to be delivered to the
property owner either by personal delivery or by certified mail. Any
party aggrieved by any order of the Fire Marshal under this ordinance
may appeal such order to the Fire Commission within 15 days of delivery.
B.
In establishing any fire zone, the Fire Marshal shall
take into consideration the size, type of construction, and nature
of use or occupancy of any buildings or facilities to be served, the
placement and availability of fire hydrants, the type of fire equipment
and their turning radius, and the length of hoses available to the
New Canaan Fire Department. The Fire Marshal shall also take into
account the lack of adequate parking that exists in New Canaan and
in all cases attempt to preserve this precious commodity. The Fire
Marshal shall consult with the Chief Building Official and the Town
Planner before issuing any order establishing a fire zone to ensure
that the proposed fire zone will not conflict with the requirements
of the Connecticut State Building Code or the planning and zoning
permits and regulations applicable to the property.
Whenever the Fire Marshal establishes a fire
zone, the Fire Marshal shall file a copy of the order with the Town
Clerk, Police Department, Planning and Zoning Commission, Chief Building
Official, Fire Chief, Fire Commission and the Department of Public
Works of New Canaan.
Any such fire zone shall be from 14 feet to
24 feet in width, consisting of either asphalt, gravel, or other suitable
hard surface extending from a public street to all premises open to
the public, to provide access to such premises for fire equipment
and vehicles as deemed necessary by the Fire Marshal or Fire Chief
considering current and future apparatus specifications.
The property owner, or the owner's agent, shall erect or install signs, markings and other devices as ordered by the Fire Marshal to delineate said fire zone in accordance with the standards hereinafter set forth in § 23-7. The property owner, or the owner's agent, shall first submit a delineation plan to the Fire Marshal within 30 days of the Fire Marshal's order establishing the fire zone, for review and approval by the Fire Marshal. On site inspection with the owner or the owner's agent may be required by the Fire Marshal prior to implementation of the delineation plan.
A.
Signs:
(1)
Signs shall be installed in accordance with the Manual
on Uniform Traffic Control Devices published by the Federal Highway
Administration.
(2)
Signs shall be mounted on a steel post or as otherwise
approved by the Fire Marshal.
(3)
Signs shall be installed at a height of seven feet
from the surface of pavement to base of the sign.
(4)
Signs shall be on a post facing both directions of
travel (mounted back to back).
(5)
The distance between signs shall be a maximum of 50
feet.
B.
Lettering on the driveway or other surface:
(1)
Lettering in a fire zone shall read "FIRE ZONE - NO
PARKING" and shall be at least two feet in height with at least four-inch
strokes.
(2)
Lettering shall be done in both directions where applicable.
(3)
A minimum of five-inch line shall be painted to designate
the width of the fire zone.
(4)
All markings and lettering shall be painted traffic
yellow in color.
Whenever the Fire Marshal establishes a fire
zone under this ordinance, the property owner shall maintain the area
so designated and keep and maintain it free of ice and snow and of
any other materials which would obstruct the use of said fire zone.
In addition, the property owner shall maintain the signs and lettering,
and repaint or replace the same as necessary.
A.
No person shall leave unattended a motor vehicle in
a fire zone which has been established under this ordinance. The registered
owner of a motor vehicle shall be presumed to be the operator of such
vehicle.
B.
Whenever a vehicle is found in violation of this section,
any police officer, official of the Fire Department or Fire Marshal's
office, or employee of the Parking Bureau shall serve upon the owner
or operator of such vehicle or place upon such vehicle a parking ticket.
Fines and late fees shall be in accordance with the Town of New Canaan
parking regulations.
C.
If a police officer, official of the Fire Department
or Fire Marshal's office, or employee of the Parking Bureau determines
that a vehicle parked in a fire zone constitutes such a serious hazard
as to be a menace to traffic or fire safety, that officer may, in
addition to placing a parking ticket on such vehicle, cause such vehicle
to be removed pursuant to the provisions of the General Statutes.
Any person violating any provision of this ordinance, other than those in § 23-9, shall be fined $250 for each offense. Each day any violation continues shall constitute a separate offense. Fines under this section shall be imposed by municipal citation issued by the Fire Marshal or any assistant or deputy Fire Marshal. The issuance, payment, and procedure to contest a municipal citation shall be in accordance with Sections 7-148(c)(10)(A) and 7-152c of the Connecticut General Statutes, and the citation hearing procedure in Chapter 11 of the Code of the Town of New Canaan.
